[nfbmi-talk] Fw: to farmer foia on foia

Mon Nov 18 16:52:27 UTC 2013

LARA and BS4BP will go to any extent and pass the responsibility to anybody
to prevent transparency and disclosure of information to the public, won't
they.  I thought a public document became a document for inspection by the
public, when such document was created, for purpose of the FOIA.  Well, then
under FOIA where I the provision that DTMB must grant the right to
inspection of a created document.  It seems to me that, if in fact, the only
place a created document exists is on a state employees computer, the FOIA
automatically grants the right and authority to inspect such documents
wherever the document is retained.  When will Michigan enter the 21st
Century with regard to the law and technological storage of documents for
inspection by the public, and especially in a format accessible to the blind
citizen?   

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Thursday, November 14, 2013 3:39 PM
To: nfbmi-talk at nfbnet.org
Cc: BRIAN SABOURIN; Elmer Cerano MPAS; Mark Finnegan
Subject: [nfbmi-talk] Fw: to farmer foia on foia

Now this is interesting ... Here again Michael Zimmer is making a
determination on issues that effect well Michael Zimmer. Well since he set
himself up as judge and jury in making the final agency determination of
decisions made by his own Michigan Administrative Hearing Office in the BSBP
State Plan. I gues he can be a totally impartial final word on the FOIA from
LARA too...No conflicts of interest iinherent here eh?

Oh those pesky blind people when will they ever learn?
----- Original Message ----- 
From: Krueger, Jocelyn (LARA) 
To: 'joeharcz at comcast.net' 
Cc: Farmer, Mel (LARA) ; Zimmer, Mike (LARA) 
Sent: Thursday, November 14, 2013 3:02 PM
Subject: FW: to farmer foia on foia

Good afternoon, Mr. Harcz.  Mr. Zimmer is away from the office but asked
that I forward the following response to you:

November 13, 2013

Paul Joseph Harcz

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

RE: Freedom of Information Act Appeal

Dear Mr. Harcz:

This notice is in response to the attached copy of your November 8, 2013
Freedom of Information Act (FOIA), MCL 15.231 et seq., appeal of the
Michigan Department of Licensing and Regulatory Affairs (LARA) October 28,
2013 email from Melvin Farmer, Jr. denying your October 23, 2013 FOIA
request to "inspect your state issued computer for e-mails from Rodgers and,
indeed Zimmer."

You assert the reason for reversal of the disclosure denial as: "I 'appeal'
this self serving determination to inspect Mr. Farmer's computer for its
self-serving sort of arbitrary and capricious sort of thing here."

Please be informed that pursuant to MCL 15.240, Section 10(2)(b) of the
state's FOIA, I am upholding the LARA October 28, 2013 determination to deny
access to Melvin Farmer, Jr.'s state issued computer based on the following:

§  Mr. Farmer correctly informed you that LARA's computer equipment is owned
by the Michigan Department of Technology, Management and Budget (DTMB) and
that he has no authority to allow access to his state issued computer to
non-state employees.

§  To gain access to Mr. Farmer's computer would require him to divulge
passwords and other information restricted by the DTMB State of Michigan
Administrative Guide to State Government, Policy 1325 Information Technology
Security Awareness, et al which states in-part: 

"This policy establishes a statewide policy for the purpose of security
awareness and training and to inform all levels of state personnel of the
importance of the information they handle and the legal and business reasons
for maintaining confidentiality, availability and integrity. All employees
must understand the need for security, the specific security-related
requirements expected of them, and the consequences of noncompliance."
Further, "Employees are advised of the necessity of complying with DTMB
policies and laws pertaining to the protection of SOM information, because
non-compliance may leave the state liable and employees vulnerable to
prosecution and civil suit, as well as disciplinary action."

You may access the full DTMB State of Michigan Administrative Guide to State
Government at:

http://www.michigan.gov/dtmb/0,5552,7-150-9131_9347---,00.html

Per MCL 15.240, Section 10(1)(b) of state's FOIA, this constitutes LARA's
final determination regarding your October 23, 2013 request. You may seek
judicial review in circuit court within 180 days of this notice. If you
prevail in court action, the court may award you reasonable attorney fees,
costs, and disbursements. If the court finds LARA's actions to be arbitrary
and capricious, the court shall award you, in addition to any actual or
compensatory damages, punitive damages in the amount of $500.00.

Sincerely,

/S/ Michael Zimmer

Chief Deputy Director and

FOIA Appeals Officer

Attachments

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, November 08, 2013 8:36 PM
To: Arwood, Steve (LARA)
Cc: Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org; Rodgers, Edward (LARA)
Subject: Fw: to farmer foia on foia

Dear Mr. Arwood and Mr. Zimmer,

I must say I "appeal" this self serving determination to inspect Mr.
Farmer's computer for its self-serving sort of arbitrary and capricious sort
of thing here. But then again you all aren't so non-conflicted either are
you? Where are the checks and balances which I was taught as a child mind
you in the school systems of this State against abuses of power and
influence? Where is the open governance and the "humility" of "public
servants"?

Regardless I wish to inspect Mr. Farmer's computer with my attorneys for all
the silly and ludicrous assaults you've committed upon my person in your
arrogant pursuit of power don't you know?

Oh and by the way you might wish to look at case law on this. Includes
Detroit Free Press v. City of Detroit amongst others.

And don't think for a moment that other lawyers much more capable than
yourselves are blind cc'd on this and don't think for a moment you are
immune from the rule of law after all is said and done.

And do you all think I am so stupid that I don't know a total conflict of
interests here in that Mr. Zimmer is both the head of the designated State
Agency and the one I'm supposed to file a FOIA appeal to...Oh my no conflict
of interest here. I mean the chief judge and jury is after all the chief
judge and jury just like he is the "final agency determinator" (poor grammar
sorry) of all ALJ determinations. My oh my I'm so sorry I passed my Junior
High School Civics class with an "A plus" and even if I got an "F minus"
this is so conflicted of a process it stinks to High Heaven and even a child
knows one cannot be impartial in these regards. Shame on you all for picking
on this poor blind guy with these absurdities, or trying to do so. Shame on
your ddictatorial bullying that would be cause of action in any court of law
in America, except the courts of law, so-to-speak, giving these arbitrary
and capricious happenings that act as judicial processes ad hoc and ad
hominum and absurd to the max. Those of you who have law degrees and who act
with such perverted outrage against common sense let alone the rule of law
in this matter should have your law licences yanked.

Those bureucratic wonks who hang cowardly behind the skirts of these
"lawyers" should hang your head in shame. Those of you who think this blind
man, with albeit limited resources is going to cave to your infamy and your
perversions of justice and equity have another thing a coming.

For I will not bend to your infamy; legalistic bullying; taxpayer
sponserrred bullying; or anything else you think convenient to cover your
own sorry assetts that act contrary to the public trust, interest, and the
notion of democratic process as this "panicked" and self-protective response
of one bureucrat Melvin Farmer suggests in his own words here.

Have a nice day.

Joe Harcz

----- Original Message ----- 

From: Farmer, Mel (LARA) 

To: joe harcz Comcast (joeharcz at comcast.net) 

Sent: Monday, October 28, 2013 7:51 AM

Subject: FW: to farmer foia on foia

October 28, 2013

Paul Joseph Harcz

joeharcz at comcast.net

RE: Request to Inspect Computer

Dear Mr. Harcz:

This notice is in response to the attached copy of your October 23, 2013
request to me  ".to inspect my state issued computer for e-mails from
Rodgers and, indeed Zimmer."

Pursuant to MCL 15.232, Section 2(e) & 2(f) and MCL 15.235, Section 5(2)(b)
of the state's FOIA, MCL 15.231 et seq., your request is denied. LARA
computer equipment is owned by the Michigan Department of Technology,
Management and Budget, and I am not authorized to allow non-state employees
access to it.

Under MCL 15.240 of the state's FOIA, you may (1) submit a written appeal
regarding the denial of any portion of your request to Mr. Steve Arwood,
Director, LARA, Attention: Michael Zimmer, Chief Deputy Director, P.O. Box
30004, Lansing, MI 48909. Your appeal must include the word "appeal" and
identify the reason(s) for reversal of any disclosure denial; or (2) you may
seek judicial review in circuit court within 180 days of this notice. If you
prevail in court action, the court may award you reasonable attorney fees,
costs, and disbursements. If the court finds LARA's actions to be arbitrary
and capricious, the court shall award you, in addition to any actual or
compensatory damages, punitive damages in the amount of $500.00.

Sincerely,

/S/Melvin Farmer, Jr.

Central FOIA Coordinator

Attachment

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Wednesday, October 23, 2013 4:38 PM
To: Farmer, Mel (LARA)
Subject: Re: to farmer foia on foia

No you are mixing apples with oranges here Mr. Farmer. I'm asking to inspect
your state issued computer for e-mails from Rodgers and, indeed Zimmer.

Man, I couldn't be any more clear.

The two requests are only merged in your mind.

PJH

  ----- Original Message ----- 

  From: Farmer, Mel (LARA) 

  To: joe harcz Comcast 

  Sent: Wednesday, October 23, 2013 4:19 PM

  Subject: RE: to farmer foia on foia

  It is not feasible for you to inspect my state issued computer to confirm
records on Mr. Edward Rodger's state issued computer or I-phone.

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Wednesday, October 23, 2013 1:42 PM
  To: Farmer, Mel (LARA)
  Subject: Re: to farmer foia on foia

  Then sir I wish to inspect your state issued computer to verify if that is
indeed a fact.

  And don't touch it either or expunge records requested.

    ----- Original Message ----- 

    From: Farmer, Mel (LARA) 

    To: joe harcz Comcast (joeharcz at comcast.net) 

    Cc: Rodgers, Edward (LARA) ; Haynes, Carla (LARA) 

    Sent: Wednesday, October 23, 2013 1:38 PM

    Subject: FW: to farmer foia on foia

    October 23, 2013

    Paul Joseph Harcz

    1365 E. Mt. Morris Rd.

    Mt. Morris, MI 48485

    joeharcz at comcast.net

    RE: FOIA Request/FOIA Instruction Emails

    Dear Mr. Harcz:

    This notice is in response to the attached copy of your October 22, 2013
email requesting under the state's FOIA, MCL 15.231 et seq., copies of
existing, nonexempt public records you describe as: ".any e-mail
correspondence to you from August 25, 2013 to present advising you on how to
respond to my requests for information from BSBP/LARA from either Michael
Zimmer, Deputy Director of LARA and Edward Rodgers, Director of BSBP."

    Pursuant to MCL 15.235, Sections 5(2)(b) and 5(4)(b) of the state's FOIA
your request is denied. After a search, I certify that to the best of my
knowledge, information, and belief, the public records you request do not
exist within LARA under the name given by you, or another reasonably known
name.  Pursuant to MCL 15.236, Section 6(1) of the state's FOIA, as the
LARA's duly designated FOIA Coordinator, I am responsible for accepting and
processing requests for LARA's public records in accordance with applicable
provisions of the state's FOIA.

    MCL 15.240 of the state's FOIA provides that you may (1) submit a
written appeal regarding the denial of any portion of your FOIA request to
Mr. Steve Arwood, Director, LARA, Attention, Michael Zimmer, Chief Deputy
Director, P.O. Box 30004, Lansing, MI 48909. Your appeal must include the
word "appeal" and identify the reason(s) for reversal of any disclosure
denial; or (2) you may seek judicial review in circuit court within 180 days
of this notice. If you prevail in court action, the court may award you
reasonable attorney fees, costs, and disbursements. If the court finds
LARA's actions to be arbitrary and capricious, the court shall award you, in
addition to any actual or compensatory damages, punitive damages in the
amount of $500.00.

    Sincerely,

    /S/Melvin Farmer, Jr.

    Central FOIA Coordinator.

    From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
    Sent: Tuesday, October 22, 2013 1:55 PM
    To: Farmer, Mel (LARA)
    Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners
    Subject: to farmer foia on foia

    October 22 2013 to Farmer FOIA on FOIA

    Paul Joseph Harcz, Jr.

    1365 E. Mt. Morris Rd.

    Mt. Morris, MI 48458

    joeharcz at comcast.net

    810-516-5262

    To: Melvin Farmer, LARA FOIA Coordinator

    (Via e-mail)

    Dear Mr. Farmer,

    I am writing you today to request some very simple information that is
easily found on your own state owned computer (the very one you are using
right now). I am requesting any e-mail correspondence to you from August 25,
2013 to the present advising you on how to respond to my requests for
information from BSBP/LARA from either Michael Zimmer, Deputy Director of
LARA and Edward Rodgers, Director of BSBP.

    You don't have to search very hard for this information as it will be in
your own in box. And it doesn't cost anything to simply forward those
e-mails to my e-mail address listed above which is precisely what I request
now.

    Sincerely,

    Paul Joseph Harcz, Jr.

    Cc: NFB MI

    Cc: BSBP, Commissioners

    Cc: RSA

    Cc: several media and legislators

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