[nfbmi-talk] Fw: Fw: FOIA Response to Request for Information onEOCMtg.of9-28-13
joe harcz Comcast
joeharcz at comcast.net
Sat Nov 16 17:12:26 UTC 2013
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "ELMER CERANO" <ECERANO at mpas.org>
Sent: Saturday, November 16, 2013 9:49 AM
Subject: Re: Fw: FOIA Response to Request for Information onEOCMtg.of9-28-13
> There was no substantial discussion Elmer as you suggest here about any of
> this. A discussion takes two parties. Your response to the one issue of
> the application, etc. was ttotally one sided, unilateral, and like this
> response has not adressed in the slightest overwhelming evidence of
> systemic and ongoing violations of the ADA which is 23 years old and 504
> which is 40 years old.
>
> Both are violated by state actors on a chronic and pervasive manner,
> especially against people who are blind, and/or have physical
> disabilities.
>
> Bottom line is that our VR agencies and many of our CILs, the first
> entities that should be fully accessible to PWD are indeed perpretrators
> of mass, and again documented, discrimination against the very people they
> are funded to serve.
>
> These things have been documented by myself alone to your agency now for
> more than a decade. You are "Protection and Advocy" aren't you?
>
> Why the blind spot (pun intended) about basic ADA/504 compliance?
>
> Why the secracy? The discrimination isn't secret! It's right there in the
> light of day. I've shined a spotlight on it!
>
> So have others over years!
>
>
>
> ----- Original Message -----
> From: "ELMER CERANO" <ECERANO at mpas.org>
> To: "joe Comcast" <joeharcz at comcast.net>
> Sent: Thursday, November 14, 2013 11:30 AM
> Subject: Re: Fw: FOIA Response to Request for Information
> onEOCMtg.of9-28-13
>
>
>> Mr.Harcz, as you may remember, we discussed your concerns at length and
>> narrowed your concerns down to the fact that BSBP would not send you an
>> application for their services in an accessible format and therefore
>> their services were not available to you.
>>
>> When we offered to assist you in getting the application in an
>> accessible format, you responded that they had, in fact, already sent
>> you the application in a word document that is accessible to you. You
>> also stated however, that since you do not have a printer you had no way
>> to print and sign the application.
>>
>> I then asked if you needed our assistance related to advocating for the
>> counselor to come to your home to assist you. You stated the following:
>> " and I
>>>> don't even have a printer....The counselor could come to my house
>> as
>>
>>>> she did
>>>> a few weeks ago. ..."
>>
>> Since you do not need our advocacy assistance to access the services
>> offered by BSBP I have closed your request for assistance.
>>
>> Related to your other issues of systemic inaccessibility of documents
>> and meetings, as I have told you on several occasions, we do not, and
>> will not reveal or disclose our strategies in addressing systemic
>> complaints. Although we may from time to time issue press releases
>> related to our concerns or actions, we will not provide you with status
>> updates on our investigations, advocacy strategies, planned exposes or
>> our legal or legislative initiatives.
>>
>> If there are other protection and advocacy needs that impact you
>> directly and for which we have the resources and capacity to address
>> within our priorities, your calls will be processed through our
>> Information and Referral Department.
>>
>>
>>
>>
>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 11/7/2013 11:25:05 AM
>>>>>
>> What the heck are you talking about here Elmer?
>>
>> I'm not asking MPAS to do anything related to DHS on my behalf. I'm
>> asking
>> them to enforce the ADA and 504 related to BSBP and for that matter the
>>
>> Disability Network!
>>
>>
>> Now I've documented copiously multiple violations of same against my
>> person
>> and indeed all PWD. These laws are 23 years old and 40 years old
>> respectivelly. They are civil rights laws. MPAS has under its charge
>> and
>> funding in the PAIR program alone responsabilities for enforcing the
>> systemic civil rights of people with disabilities.
>>
>> I would hope at long last MPAS would do just that.
>>
>> Joe Harcz
>> ----- Original Message -----
>> From: "ELMER CERANO" <ECERANO at mpas.org>
>> To: "joe Comcast" <joeharcz at comcast.net>
>> Sent: Thursday, November 07, 2013 11:00 AM
>> Subject: Re: Fw: FOIA Response to Request for Information on
>> EOCMtg.of9-28-13
>>
>>
>>> Thanks,
>>> Because you currently have representation on the DHS issue, it is
>>> unethical for us to provide you with any comments, or advise related
>> to
>>> the issues for which you have representation. With proper
>> authorization,
>>> however, we are able to respond to your attorney.
>>>
>>> Please let me know if you still need our assistance to advocate on
>> your
>>> behalf to get your BSBP counselor to come to your home to assist you
>> in
>>> filling out the application for services. If you still need our
>> advocacy
>>> assistance, we will need a signed Release of Information (ROI) and a
>>> Retainer Agreement. I will send you the documents in an accessible
>> word
>>> format under separate cover.
>>>
>>> Please let me know what reasonable accommodations you may need to
>>> return the signed documents to us.
>>>
>>>
>>>
>>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 11/6/2013 11:23:48 AM
>>>>>>
>>> Yes, again the answers are right in here. I do have an attorney on
>> the
>>> DHS
>>> issue, Center for Social Justice.
>>>
>>>
>>> ----- Original Message -----
>>> From: "ELMER CERANO" <ECERANO at mpas.org>
>>> To: "joe Comcast" <joeharcz at comcast.net>
>>> Sent: Friday, November 01, 2013 12:21 PM
>>> Subject: Re: Fw: FOIA Response to Request for Information on EOC
>>> Mtg.of9-28-13
>>>
>>>
>>>> 1. Do you have a private attorney representing you on any issue?
>>>>
>>>> 2. If I understand correctly, you already have the accessible
>>>> application that we discussed the other day and that I agreed to
>>> provide
>>>> assistance for you in obtaining the application. Am I also
>> correct
>>>> that because you don't have a printer you were not able to complete
>>> tha
>>>> application, so a counselor came to your home to assist you?
>>>>
>>>> Does this mean that you no longer need our assistance to obtain an
>>>> accessible application?
>>>>
>>>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 11/1/2013 8:35:22 AM
>>>>>>>
>>>> I don't have a lawyer on the BSBP issue. I did finally recieve an
>>>> application which I think I sent you. But now they want me to sign
>>> it
>>>> and I
>>>> don't even have a printer....The counselor could come to my house
>> as
>>>> she did
>>>> a few weeks ago. By the way I don't want and specifically cannot
>> use
>>>> most
>>>> "pdf" documents ....
>>>>
>>>>
>>>> Finally when I get charged for meeting minutes or any thing related
>>> to
>>>>
>>>> public meetings that is grossly illegal.
>>>>
>>>>
>>>> And again they abuse the FOIA as a means of abusing the ADA and 504
>>>> which
>>>> are in the general provisions of both.
>>>>
>>>>
>>>> In addition my other requests do relate to whether or not BSBP is
>>>> following
>>>> the state plan, and the Rehab Act itself.
>>>>
>>>>
>>>> They are mimisappropriating federal funds and expending them for
>>> Lord
>>>> knows
>>>> what?
>>>>
>>>>
>>>> Well actually I know and it's not for the Rehabilitation of blind
>>>> people.
>>>>
>>>>
>>>> One need look no further than the student assistants hhired to run
>>> BEP
>>>>
>>>> locations amonst other things and the fact they are all sighted,
>>>> non-disabled individuals.
>>>>
>>>>
>>>> Oh, yes and the fact is also the Anderson Building and the very
>>> State
>>>> Capitol are under PA 260 supposed to be mandated facilities for
>>> blind
>>>> licensees and these programs have been violated in these buildings
>>> as
>>>> we all
>>>> know.
>>>>
>>>> From top to bottom the BSBP is corrupt and trying to hide its
>>>> corruption by
>>>> its abuses of the FOIA.
>>>>
>>>>
>>>> This abuse has caused me great personal distress. Bigtime! And it
>>> goes
>>>> to
>>>> others who are blind too.
>>>>
>>>>
>>>>
>>>> ----- Original Message -----
>>>> From: "ELMER CERANO" <ECERANO at mpas.org>
>>>> To: "joe Comcast" <joeharcz at comcast.net>
>>>> Sent: Thursday, October 31, 2013 10:32 AM
>>>> Subject: Re: Fw: FOIA Response to Request for Information on EOC
>>> Mtg.of
>>>>
>>>> 9-28-13
>>>>
>>>>
>>>>> Joe, we are looking specifically at whether or not BSBP is
>>>> identifying
>>>>> public documents as requiring a FOIA request. Although they are
>>>> allowed
>>>>> to charge for FOIA'd information, public documents should not
>>> require
>>>> a
>>>>> FOIA in the first place.
>>>>>
>>>>> As far as I understand, there can not be a charge for having
>> public
>>>>> documents in an accessible format.
>>>>>
>>>>> I will let you know the outcome on this.
>>>>>
>>>>>
>>>>> I have also asked Brian to get you an accessible application for
>>>> BSBP
>>>>> services. That should be coming to you through us in a word or pdf
>>>>> formate.
>>>>>
>>>>> I also need clarification as to whether or not you are currently
>>>>> represented by a private attorney related to seeking access to
>> BSBP
>>>>> services.
>>>>>
>>>>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 10/31/2013 9:41 AM
>>>>>>
>>>>> All can't you read statutes and regulations that I've supplied you
>>>>> legal beagles with?
>>>>>
>>>>>
>>>>> The Michigan Open Meetings Act clearly states that minutes mus be
>>>> kept
>>>>> and must be dispensed for nothing short of (at maximum) postage.
>>>>> Moreover meetings of a VR body such as BSBP must be fully
>>> accessible
>>>>> from the get go.
>>>>>
>>>>> Yet you abuse the FOIA as a means of circumventing both laws here
>>> in
>>>>> clear cut terms.
>>>>>
>>>>> And that is indeed a violation of the general ADA/504
>>>>> anti-discriminatory clauses that I've alos sent you.
>>>>>
>>>>>
>>>>> Thus as again State Actors acting in official capacity you have
>>>>> knowningly and maliciously violated my known civil rights and that
>>>> is
>>>>> actionable under 42USC1983.
>>>>>
>>>>>
>>>>>
>>>>> Your personal and collective violations of laws and equity must
>> end
>>>>> now.
>>>>> ----- Original Message -----
>>>>> From: joe harcz Comcast
>>>>> To: zimmerm at michigan.gov
>>>>> Cc: Steve Arwood LARA Dep ; Rodgers, Edward (LARA) ;
>>>>> nfbmi-talk at nfbnet.org ; Elmer Cerano (E-mail) ; MARK MCWILLIAMS ;
>>>>> BRIAN SABOURIN ; James Chaney EOC ; Hazell Brooks
>>>>> Sent: Wednesday, October 30, 2013 4:09 PM
>>>>> Subject: Fw: FOIA Response to Request for Information on EOC Mtg.
>>> of
>>>>> 9-28-13
>>>>>
>>>>>
>>>>>
>>>>> ----- Original Message -----
>>>>> From: joe harcz Comcast
>>>>> To: Haynes, Carla (LARA)
>>>>> Sent: Wednesday, October 30, 2013 3:21 PM
>>>>> Subject: Re: FOIA Response to Request for Information on EOC Mtg.
>>> of
>>>>> 9-28-13
>>>>>
>>>>>
>>>>> Ok, now this is an explicit violation of the Michigan Open
>> Meetings
>>>> Act
>>>>> tant the provisions for meetings therein. I supplied citatations
>> to
>>>> Mr.
>>>>> Rodgers a lawyer that were plain upon their face.
>>>>>
>>>>> This is actionable to you Ms. Haynes, and Mr. Rodgers and as
>>> denoted
>>>> is
>>>>> actually a misdemeanor.
>>>>>
>>>>>
>>>>> In other words violations of the OMA are criminal violations.
>>>>>
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>> Paul Joseph Harcz, Jr.
>>>>>
>>>>>
>>>>> cc: several
>>>>> ----- Original Message -----
>>>>> From: Haynes, Carla (LARA)
>>>>> To: joe harcz Comcast
>>>>> Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike
>>>>> (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) ; Zanger,
>>>> Connie
>>>>> (LARA) ; Hull, James (LARA)
>>>>> Sent: Wednesday, October 30, 2013 1:19 PM
>>>>> Subject: FOIA Response to Request for Information on EOC Mtg. of
>>>>> 9-28-13
>>>>>
>>>>>
>>>>> October 30, 2013
>>>>>
>>>>>
>>>>>
>>>>> Mr. Paul Joseph Harcz, Jr.
>>>>>
>>>>> E-mail: joeharcz at comcast.net
>>>>>
>>>>> 1365 E. Mt. Morris Rd.
>>>>>
>>>>> Mt. Morris, MI 48458
>>>>>
>>>>>
>>>>>
>>>>> Re: FOIA Response to Request for Information on EOC Draft
>> Minutes
>>>> &
>>>>> J. Hull Report of 9-28-13
>>>>>
>>>>>
>>>>>
>>>>> Dear Mr. Harcz, Jr.:
>>>>>
>>>>>
>>>>>
>>>>> This email is in response to your October 23, 2013, email request
>>>> for
>>>>> information, received by this office on October 24, 2013. Please
>>> be
>>>>> advised that the Bureau of Services for Blind Persons is
>> processing
>>>> this
>>>>> request under the state's Freedom of Information Act (FOIA), MCL
>>>> 15.231
>>>>> et seq.
>>>>>
>>>>>
>>>>>
>>>>> You have requested information as described in your email (also
>>>>> included below) as:
>>>>>
>>>>>
>>>>>
>>>>> "Now, I'm writing to request the following:
>>>>>
>>>>>
>>>>>
>>>>> The draft minutes of this meeting which are supposed to be made
>>>>> available within (8) working days under the Michigan Open Meetings
>>>> Act
>>>>> (and with no charge by the way).
>>>>>
>>>>>
>>>>>
>>>>> In addition I am requesting in accessible format all referenced
>>>>> information including the written report of James Hull again in
>>>>> accessible format that was referenced in this meeting."
>>>>>
>>>>>
>>>>>
>>>>> In order to determine the extent of the research time, the size
>>> and
>>>>> number of records of nonexempt information within BSBP responsive
>>> to
>>>>> your
>>>>>
>>>>> FOIA Response - P.J. Harcz, Jr.
>>>>>
>>>>> October 30, 2013
>>>>>
>>>>> Page 2 of 2
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> request, a search must be undertaken. For this reason, it is
>>>>> necessary to extend the time for response, as permitted by Section
>>>>> 5(2)(d) of the FOIA, through November 14, 2013, for your request.
>>>>>
>>>>>
>>>>>
>>>>> If it is determined that there is a cost involved in the
>>> processing
>>>>> of this request, you will be sent an email which will include an
>>>> invoice
>>>>> outlining
>>>>>
>>>>> that cost (before or no later than November 14, 2013). This
>> email
>>>>> may either request a deposit (if the cost is over $50.00) or
>>> request
>>>>> payment of the total cost if the amount is under $50.00.
>>>>>
>>>>>
>>>>>
>>>>> Please note that nothing within the federal American with
>>>>> Disabilities Act (ADA ), Section 504 of the Rehabilitation Act of
>>>> 1973
>>>>> (RA), as amended, or the state's FOIA (MCL 15.231 et seq.)
>> requires
>>>> a
>>>>> public body to process FOIA requests free of charge. Further,
>>> while
>>>> the
>>>>> ADA and Section 504 of the RA may mandate that, upon request,
>>>> material
>>>>> be produced in an accessible format without charge, neither the
>> ADA
>>>> or
>>>>> Section 504 of the RA preclude a public body from charging costs
>>>> under
>>>>> the state's FOIA. Thusly, please note that no labor fee charges
>>> have
>>>>> been, or will be, assessed to convert existing, nonexempt public
>>>> records
>>>>> responsive to your requests into an accessible format to forward
>> to
>>>>> you.
>>>>>
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>>
>>>>> Carla Miller Haynes, FOIA Coordinator
>>>>>
>>>>> Bureau of Services for Blind Persons
>>>>>
>>>>>
>>>>>
>>>>> Attachment: Email Request for Information
>>>>>
>>>>>
>>>>>
>>>>> cc: Edward F. Rodgers II
>>>>>
>>>>> Sue Luzenski
>>>>>
>>>>> Mike Pemble
>>>>>
>>>>> Katie Belknap
>>>>>
>>>>> Elsie Duell
>>>>>
>>>>> Constance Zanger
>>>>>
>>>>> James Hull
>>>>>
>>>>>
>>>>>
>>>>> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
>>>>>
>>>>> Sent: Wednesday, October 23, 2013 12:23 PM
>>>>>
>>>>> To: Rodgers, Edward (LARA)
>>>>>
>>>>> Cc: Hull, James (LARA); Arwood, Steve (LARA); Zimmer, Mike
>> (LARA);
>>>>> nfbmi-talk at nfbnet.org; BRIAN
>>>>>
>>>>> SABOURIN; Christyne.Cavataio at ed.gov; Marlene Malloy;
>>>>> BSBPcommissioners
>>>>>
>>>>> Subject: sorry prior post a little messed up
>>>>>
>>>>>
>>>>>
>>>>> Just to clarify....
>>>>>
>>>>>
>>>>> October 23 2013 Written Report of Hull to EOC and Draft Meeting
>>>>> Minutes
>>>>>
>>>>>
>>>>>
>>>>> Paul Joseph Harcz, Jr.
>>>>>
>>>>> 1365 E. Mt. Morris Rd.
>>>>>
>>>>> Mt. Morris Rd.
>>>>>
>>>>> Mt. Morris, MI 48458
>>>>>
>>>>> joeharcz at comcast.net
>>>>>
>>>>> 810-516-5262
>>>>>
>>>>>
>>>>>
>>>>> To: Edward Rodgers
>>>>>
>>>>> Bureau of Services for Blind Persons
>>>>>
>>>>> James Hull, Business Enterprise Program
>>>>>
>>>>> (Via E-mail)
>>>>>
>>>>>
>>>>>
>>>>> All,
>>>>>
>>>>>
>>>>>
>>>>> I just got through listening to a recording of the public meeting
>>>> of
>>>>> the Elected Operators committee Meeting of Sept. 28, 2013.
>>>>>
>>>>>
>>>>>
>>>>> Now, I'm writing to request the following:
>>>>>
>>>>>
>>>>>
>>>>> The draft minutes of this meeting which are supposed to be made
>>>>> available within (8) working days under the Michigan Open Meetings
>>>> Act
>>>>> (and with no charge by the way).
>>>>>
>>>>>
>>>>>
>>>>> In addition I am requesting in accessible format all referenced
>>>>> information including the written report of James Hull again in
>>>>> accessible format that was referenced in this meeting.
>>>>>
>>>>>
>>>>>
>>>>> Note: under relevant portions of the ADA and Section 504 and,
>>>> indeed
>>>>> LARA's own accessible meeting policy based upon these laws, all
>>>> printed
>>>>> information related to such meetings were to be made accessible at
>>>> that
>>>>> meeting and certainly are to be made accessible at no cost to me
>>>> upon
>>>>> request.
>>>>>
>>>>>
>>>>>
>>>>> And certainly you can't charge me extensively for searching for
>>>> these
>>>>> documents which you all have at your ready and would be using an
>>>> abuse
>>>>> of the FOIA (a state law) to trump clearly required meeting
>> related
>>>>> documents under the two above cited federal civil rights laws.
>>>>>
>>>>>
>>>>>
>>>>> That would be a violation of the general anti-discrimination
>>>>> provisions of both the ADA and 504.
>>>>>
>>>>>
>>>>>
>>>>> Back to Hull's report, I am especially interested in his written
>>>>> report relative to Administrative reviews, license revocations,
>>> etc.
>>>>>
>>>>>
>>>>>
>>>>> Now, all I request is that you send me promptly these documents
>>> and
>>>>> reports as either/or Word attachments; plain text enclosures to my
>>>>> e-mail adress listed above.
>>>>>
>>>>>
>>>>>
>>>>> A failure to promtly comply with this request for simple minutes
>>>> and
>>>>> written reports to this meeting is actionable and will represent
>>>>> continued violations against my person of established civil rights
>>>>> laws.
>>>>>
>>>>>
>>>>>
>>>>> Thus I do expect a prompt response. And by the way you also might
>>>>> wish to in a timely manner post this information to BSBP's web
>>> site.
>>>>>
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>>
>>>>> Paul Joseph Harcz, Jr.
>>>>>
>>>>>
>>>>>
>>>>> -Ninety-nine percent of lawyers give the other one percent a bad
>>>>> name-Steven Wright
>>>>>
>>>>>
>>>>>
>>>>> Cc: NFB MI
>>>>>
>>>>> Cc: BSBP "Commissioners"
>>>>>
>>>>> Cc: James Chaney, EOC
>>>>>
>>>>> Cc: MCRC
>>>>>
>>>>> Cc: MPAS
>>>>>
>>>>> Cc: RSA
>>>>>
>>>>> Cc: OCR
>>>>>
>>>>> Cc: United States Department of Justice, Civil Rights Division,
>>>>> Disabilities Rights Section
>>>>>
>>>>> Cc: several media
>>>>>
>>>>> Cc: several legislators
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Carla Miller Haynes
>>>>>
>>>>> LARA Bureau of Services for Blind Persons (BSBP)
>>>>>
>>>>> 201 N. Washington Square, 2nd Floor
>>>>>
>>>>> P.O. Box 30652
>>>>>
>>>>> Lansing, MI 48909
>>>>>
>>>>> Telephone: 517-373-2063 or Toll-Free 1-800-292-4200
>>>>>
>>>>> Fax: 517-335-5140
>>>>>
>>>>>
>>>>>
>>>>> www.michigan.gov/bsbp
>>>>>
>>>>>
>>>>
>>>
>>
>
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