[nfbmi-talk] {Spam?} rights to access bsbp meeting info

Wed Oct 16 17:43:47 UTC 2013

October 16 2013 vis a vis Civil Rights Violations in Request for Meeting Info

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

Re: Wasn’t a FOIA Request, But Rather Rehab Act and ADA Request

To:

Michael Zimmer, LARA, Designated State Agency for BSBP

Edward F. Rodgers II

Director, Michigan Bureau of Services for Blind Persons

(And Designated State Unit)

Carla Haynes, BSBP FOIA

(VIA E-mail)

All,

As you know I’ve requested all information sent to the Commission for Blind Persons relative to the public meetings that have been held. That includes the already produced “transcripts” and information related to those meetings via e-mail (invoking ADA, Title II, subpart e, communications, no surcharge, and Section 504 of the Rehabilitation Act). In addition I’ve supplied you all and you are State Actors and recipients of federal funds, the following cites and rights for me and all other blind or even non-blind members of the public to information related to these meetings and activities:

-Affirmative responsibility of public entities to effective communications, 118 F.3d 1400: Lewis "toby" Tyler, Plaintiff-appellant, v. City of Manhattan, Defendant-appellee,united States of America, Amicus Curiae :: US Court of Appeals (

-

Segment from LARA’s own accessible meeting policy:

“

 “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.””

-And this segment from the general anti-discrimination section of 504:

““                  (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

                  (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service.”

-And finally this section from Title I of the Rehab Act:

“““    (e) Appropriate modes of communication. The State unit must provide 

to the public, through appropriate modes of communication, notices of 

the public meetings, any materials furnished prior to or during the 

public meetings, and the policies and procedures governing the 

provision of vocational rehabilitation services under the State plan.

(Authority: Sections 101(a)(16)(A) and 105(c)(3) of the Act; 29 

U.S.C. 721(a)(16)(A), and 725(c)(3))”””

Thus clearly as denoted in the public record you’ve already produced this information for ”, commissioners”  and sent it to them related to the meetings and yet you turned my request for information that was supposed to be affirmatively produced and made available to me in to a FOIA request rather than just sending me this information.  And clearly the use of foia and its onerous terms including chargine an arbitrary fee (see attached) was used to ccircumvent my right to receive this information in the first place, in accessible form and without charge. Now this violates as well both the ADA, and Section 504 (general provisions) in using a state law, or rather the abusive application of FOIA, to circumvent my rights under federal civil rights laws to this information.

Moreover, your persons and the agency including LARA have arbitrarily violated the onerous “undue hardship” provisions of the ADA/504 as just one other count of continued, pernicious, malicious, and knowing violations of my fundamental civil right to receive this information without a fee or muss or fuss. Forthwith.

Now, all I demand the information requested on the above counts immediately

And this is also a complaint and documentation of a complaint against your persons, acting in official capacity to deprive me of known civil rights.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB MI

Cc: BSBP, Commissioners

Cc: Michigan Protection and Advocacy Services

Cc: OCR, Ed.

Cc: DOJ

(AttachmentJ

October 15, 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.  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.  On October

3, 2013, an extension was taken on this request to October 16, 2013.

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.”

Pursuant to MCL 15.234, Section 4(3) and MCL 15.235, Section 5(2)(c) of the state’s FOIA, your request is partially granted and partially denied as to existing,

nonexempt public records within LARA/BSBP responsive to your requests.

Regarding the granted portions of your requests, MCL 15.234, Section 4(3) of the FOIA provides that a public body may charge certain processing costs related

to complying with FOIA requests, including labor for public record searches; records examination, review, the deletion and separation

FOIA Response – P.J. Harcz, Jr.

October 15, 2013

Page 2 of 2

of any exempt from nonexempt material; any duplication or publication; and any mailing costs. The labor costs are based on the hourly wages, including benefits,

of the lowest paid LARA employee(s) capable of performing tasks necessary to comply with a FOIA request. To process these particular requests, the lowest

paid capable employee(s) must be drawn away from their respective duties and assignments for an estimated minimum of 6 hours at an estimated cost of $200.22

(see invoice below).  Due to the aforementioned reasons and published policies and procedures, LARA/BSBP has determined that failure to charge a fee, in

this particular instance, will result in unreasonably high costs to LARA/BSBP.  Once we have received your deposit of $100.11, we will begin the processing

of your request and will notify you of any money due to you or any additional money owed by you.

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

Attachments - 2:  Email Request for Information and Invoice

cc:     Edward F. Rodgers II, Sue Luzenski

          Mike Pemble, Katie Belknap

          Elsie Duell

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF SERVICES FOR BLIND PERSONS

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

REQUEST RECEIVED:  September 28, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  Yes

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator

(517) 373-0194, Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit

costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other

related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding

$50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

“….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.”

INVOICE CALCULATIONS

LABOR

          Locating and Duplicating Cost:

Number of Hours:  5 hrs. x Hourly Rate: $31.37 = $156.85

          Examining and Extracting Cost:

                   Number of Hours: 1 hrs. x Hourly Rate: $31.37 = $31.37

TOTAL LABOR:           $188.22

POSTAGE (estimate):          $3.00

DUPLICATING:  Number of Pages (0) times Copying Rate of $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $9.00 (for USB Drive)

SUBTOTAL:  $200.22

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)

INVOICE TOTAL:        $200.22

DEPOSIT* $100.11

BALANCE TO BE PAID*:     $100.11

Make check or money order payable to:         STATE OF MICHIGAN

Remit to:              Department of Licensing and Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat

from this amount.

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