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

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Friday, October 04, 2013 8:32 AM
Subject: Re: Response to Request for Information on Emails to BSBP Commissioners


Dear Ms. Hanes, et al,

Please read the LARA meeting accessibility policy that appears (converted from pdf) after my signature line. As all this information was to have been made available to members of the public as well as commissioners in a variety of alternate formats pro forma, let alone upon  request you can see that your, and the agency's response is in stark violation of the known civil rights of me with this ludicrous response. Thus it is actionable against you personally and others (re:ccs) acting under the aegis of the state, and color of law in violating knowingly my Constitutionally derived rights. (Re: 42USC1983).

Again this information requested relates to meetings of the commissioners, members of the public who happen to be blind have the right to know and recieve this information in a timely and accessible manner with no charge whatsoever for the information has already been produced in accessible format (i.e. electronic).

Knowing this I consider the act here compounded with others to be intentional and with malice of forethough.

Also I advise that you and Mr. Rodgers et al actually read the 504 and ADA, Title II regulations I've sent you. Regardless they are your notice along with this of known obligations and go to deliberate indifference.

Sincerely,

Paul Joseph Harcz, Jr.

Attachment:
Table with 5 columns and 4 rows
Effective Date: 
09-12-2011 Policy #: 
G-01 Supersedes: 
3-31-05 Subject: 
Meeting Accessibility 
Page: 
1 of 4 Table endPURPOSE 
The Department of Licensing and Regulatory Affairs (LARA) plans and sponsors 
meetings and events attended exclusively by LARA staff as well as those attended by 
individuals and organizations outside the department. In addition, LARA plans portions 
of and co-sponsors meetings and events with other organizations and individuals 
outside the department. In keeping with federal and state disability rights laws, it is the 
intent of this policy to standardize the department's planning of and participation in 
meetings and events to ensure accessibility for all participants. 
POLICY 
LARA sponsored Meetings and Events 
Events and meetings planned and sponsored entirely by LARA will be accessible, 
whether attended by LARA staff, individuals from outside the department, or both. This 
policy includes but is not limited to meetings open to the public, conferences, 
educational events, press conferences, staff training and retreats. "Accessible" means 
that all who are qualified to attend will be able to attend, participate in all activities, and 
have access to information in the needed alternative formats in a timely manner that 
allows full participation during the event. At a minimum, the site will be barrier-free, and 
additional accommodations will be provided upon request with advance notice. 
Event announcements should be made sufficiently in advance or at least the number of 
days necessary to receive and respond to requests for accommodations. These 
announcements should include a statement similar to the following: 
"The meeting site is accessible, including handicapped parking. Individuals 
attending the meeting are requested to refrain from using heavily scented 
personal care products, in order to enhance accessibility for everyone. 
People with disabilities requiring additional accommodations such as 
information in alternative formats in order to participate in the meeting should 
contact the LARA Office Services, Americans With Disabilities Act 
coordinator." 
Table with 5 columns and 4 rows
Effective Date: 
09-12-2011 Policy #: 
G-01 Supersedes: 
3-31-05 Subject: 
Meeting Accessibility 
Page: 
2 of 4 Table endMeetings and events planned and sponsored by others outside LARA 
When LARA staff participates in an event planned and/or sponsored by another 
organization, the portion of the event presented by LARA staff should be accessible, 
and LARA staff will advocate for accessibility and provide technical assistance to 
increase accessibility at the entire event. 
A LARA bureau participating in the meeting or event is responsible for implementing 
this policy. Questions on this policy may be directed to LARA Office Services, 
Americans with Disabilities Act (ADA) Coordinator. 
PROCEDURES 
These procedures and resources pertain to meetings and events sponsored and 
planned in whole or in part by the Department of Licensing and Regulatory Affairs 
(LARA). These procedures will be revised and updated as approved by the LARA ADA 
Coordinator. 
Meeting/Event Planning Procedures 
1. Know your audience. Do you know all the persons (and their abilities) coming to 
the event? Is it an event only for those invited or registered, or is it an event open 
to the public without pre-registration? If you know the audience, this will help with 
planning, but remember that (for example) anyone could suddenly need to use 
crutches on a temporary basis. If people register for your event, you have the 
opportunity for them to alert you to their accommodation needs and you can 
provide precisely what is requested. Otherwise, you need to prepare for the 
unknown by having an accessible site, materials on hand in alternative formats and 
a sign language interpreter if needed. 2. Site selection. If possible, the bureau planning the meeting or event should 
conduct an onsite visit of the location or proposed location to determine 
accessibility, including factors such as parking, meeting rooms, elevators, 
restrooms, and others which may have an effect on participation in the event. If it 
is not possible for bureau staff to do an on-site visit, staff from a partner 
organization (such as one of Michigan's Centers for Independent Living) may be Table with 5 columns and 4 rows
Effective Date: 
09-12-2011 Policy #: 
G-01 Supersedes: 
3-31-05 Subject: 
Meeting Accessibility 
Page: 
3 of 4 Table endable to provide information about the proposed location based on a visit or past 
experience. 
3. Transportation, parking and getting into and around the facility. Think about 
approaching your event or meeting from private automobiles, taxis, or public 
transportation. Any barriers in the event location? Are there enough accessible 
parking spaces for the event? Any security issues that require advance 
arrangements for guest parking? Are there accessible paths of travel (with ramps, 
curb cuts and elevators where needed) from the parking area to meeting rooms to 
restrooms to other sites for the event, including a minimum 36 inches of clearance 
through doorways for the path of travel. 4. Access statement. In press releases, advertisements, publications and other 
information about the event, include a statement such as this: "The meeting site is accessible, including handicapped 
parking. Individuals attending the meeting are requested to 
refrain from using heavily scented personal care products, in 
order to enhance accessibility for everyone. People with 
disabilities requiring additional accommodations such as 
information in alternative formats in order to participate in the 
meeting should contact the LARA Office Services, Americans 
With Disabilities Act coordinator." 
Before sending this out, it is important to verify that the site actually is accessible 
and that there is adequate handicapped parking as estimated for your event. 
The deadline for requesting additional accommodations or alternative formats 
must allow time for participants to find out about the event and for you to respond 
to requests. If there isn't time to receive and respond to specific requests for 
accommodations, staff need to be prepared for any accommodation need. 
Table with 5 columns and 4 rows
Effective Date: 
09-12-2011 Policy #: 
G-01 Supersedes: 
3-31-05 Subject: 
Meeting Accessibility 
Page: 
4 of 4 Table end5. Have a generous timeline. Publicize the meeting early enough (10 days in 
advance recommended) for people needing accommodations to request them, 
and for you to provide them. Know when people will actually receive the meeting 
announcement. 6. Seating. Designate barrier-free seating locations for people with disabilities 
dispersed throughout the seating area. Have adequate open spaces for 
individuals using wheelchairs, seats with a clear view of sign language 
interpreters for people who are deaf, and seating close to the podium or stage for 
individuals with limited vision. Room layout should allow full participation in 
planned activities. For example, if activities require moving from table to table, 
allow enough space between tables for people using a wheelchair or mobility 
aids. 7. Accessible information throughout the event. This includes speeches, 
PowerPoint and other presentations, flip charts, hand-outs, films, videos and 
other information. For example, accommodations may include sign language 
interpreters, assistive listening systems, and/or real-time captioning for 
individuals who are deaf or hard of hearing. People who are blind or visually 
impaired may need materials in alternative formats such as large print, Braille, 
audiotape, and/or a computer disc. The information should be available during 
the event, and not sent after the fact. 
  ----- 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