[nfbmi-talk] Fw: Response to Request for Information on Emails to BSBP Commissioners

Thu Oct 3 20:15:43 UTC 2013

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Thursday, October 03, 2013 4:15 PM
Subject: Re: Response to Request for Information on Emails to BSBP Commissioners

These records are already in accessible format, relate to meetings of BSBP, and thus are required to be made at no cost and in a timely manner in accordence with relevent provisions of both Title I of the Rehabilitation Act of 1973 as amended and Section 504 of that act along with the relevent LARA accessible meeting policy, and with the ADA, Title II subpart e, communications.

Sincerely,

Paul Joseph Harcz, Jr.
  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joeharcz at comcast.net 
  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Duell, Elsie (LARA) 
  Sent: Thursday, October 03, 2013 3:53 PM
  Subject: Response to Request for Information on Emails to BSBP Commissioners

  October 3, 2013

  Mr. Paul Joseph Harcz, Jr.

  E-mail: joeharcz at comcast.net

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Re:  Response to Request for Information on Emails to BSBP Commissioners

  Dear Mr. Harcz, Jr.:

  This email is in response to your September 27, 2013, email request for copies of records, received on September 28, 2013, in this office.  Please be informed that the Bureau of Services for Blind Persons (BSBP) 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 as:

  "..remit all the information you've sent or, that your agents, have sent to "commissioners" to me as either Word documents or plain text enclosures to my e-mail address listed above."

  In order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your 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 October 16, 2013.

  If it is determined that there is a cost involved in the processing of this request, you will be sent a letter which will include an invoice outlining the 

  FOIA Response - P.J. Harcz, Jr.

  October 3, 2013

  Page 2 of 2

  cost (before or no later than October 16, 2013).  This letter 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

  From: joe harcz Comcast [mailto:joeharcz at comcast.net]  

  Sent: Friday, September 27, 2013 6:01 PM 

  To: Rodgers, Edward (LARA) 

  Cc: nfbmi-talk at nfbnet.org; BSBPcommissioners; Elmer Cerano (E-mail); BRIAN SABOURIN; valarie 

  Barnum Yarger MISILC; Marlene Malloy; Craig McManus RSA; Carol Dobak; Zimmer, Mike (LARA); 

  Arwood, Steve (LARA) 

  Subject: request basic bsbp information common sense

  September 27 2013 to Rodgers Re: Commissioners Info

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  810-516-5262

  joeharcz at comcast.net            

  To: Edward Rodgers, Director BSBP

  Via e-mail

  Dear Sir,

  I, a blind person and advocate, am requesting from you personally and acting in your official capacity all information sent during the past fiscal year to the present sent via e-mail to any and all commissioners of BSBP, as sent. This cost nothing as it was sent via e-mail and is in their hands, pure and simple in said format which is accessible to me.

  It is already thus done, completed and again costs nothing.

  The charges for remitting this stuff via FOIA violates the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (both Title I regarding such information, and Section 504). Moreover it simply violates common sense and transparency of public entities and public officials.

  This information sire does not belong to you as some sort of privilege but belongs to we citizens including those of us who happen to be blind.

  I expect this information directly as I'm certain that neither you nor the agency you represents wishes to have costly litigation including Section 1983 actions.

  Thus I anticipate that you will simply, once again remit all the information you've sent or, that your agents, have sent to "commissioners" to me as either Word documents or plain text enclosures to my e-mail address listed above.

  I thank you once again for your personal and attentive nature to this request and to your prompt compliance with known obligations.

  Most Warmly,

  Paul Joseph Harcz, Jr.

  Cc: commissioners

  Cc: nfb mi

  Cc: rsa

  Cc: arwood, zimmer lara/dsa

  Cc: mi silc

  Cc: mpas/cap

  Cc: several media

  Cc: 

  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