[nfbmi-talk] Fw: FOIA Response to Request of Information on BADPApplicants & Interviewees

Sun Oct 27 02:17:51 UTC 2013

What rubbish from BS4BP!  In the time used to write the extension response,
the list from Civil Service could have been located and attached to an
e-mail and the SEND button clicked!  What is BS4BP trying to prove?  Lack of
more overpaid incompetence?

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Friday, October 25, 2013 2:44 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: FOIA Response to Request of Information on
BADPApplicants & Interviewees

----- 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) ; Essenberg, Rob (LARA) 
Sent: Friday, October 25, 2013 2:33 PM
Subject: FOIA Response to Request of Information on BADP Applicants &
Interviewees

October 25, 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 Applicants and Interviewees
for BADP Director Position

Dear Mr. Harcz, Jr.:

This email is in response to your October 20, 2013, email request for
information, received by this office on October 21, 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 as (which is also
below):

".Regardless I am writing you today for a complete list of all applicants
for that position (just their simple names), and the names of those
interviewed for that Level 19 position." Note: An additional email stating:
"Another correction is the Essenberg actually was hired as a Level 17
employee to run BADP."

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
November 8, 2013.

FOIA Response - P.J. Harcz, Jr.

October 25, 2013

Page 2 of 2

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 8, 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

Rob Essenberg

          Elsie Duell

From: joe harcz Comcast <joeharcz at comcast.net>

Sent: Thursday, October 24, 2013 1:58 PM

To:   Rodgers, Edward (LARA)

Cc:   Haynes, Carla (LARA); BSBPcommissioners; nfbmi-talk at nfbnet.org; 

Elmer Cerano (E-mail); BRIAN SABOURIN; Christyne.Cavataio at ed.gov

Subject:    minor corrections to request

October 24 2013 Minor Corrections

All,

After listening to the NFB MI convention I must correct the attached request
for Ed Rodgers said not only once but twice that there were 200 applicants
for "Essenberger" (BADP Director meant clearly to run the Tim Hortons
franchise by the way)  position. Moreover he said 57 were blind.

But, in listening to the recording of the last "commission" meeting he said
there were 150 applicants for this job.

Another correction is the Essenberg actually was hired as a Level 17
employee to run BADP though he is paid $104,000 as if he was higher
according to one of the very few records released to me by this scofflaw
agency in a timely and accessible manner.

And if Mr. Rodgers does not like being called a "scofflaw" which I have
copiously documented he is then I suggest he cease and desists from
violating the following:

-Several Provisions of The Rehabilitation Act (including those in Title I
and Title V)

-The Americans with Disabilities Act of 1990, Title II (several counts)

-The Michigan Open Meetings Act (several counts)

-The Michigan Freedom of Information Act (several counts)

-PA 260 and Promulgated Rules of the BEP Program (several counts)

-The Michigan Persons with Disabilities Civil Rights Act (several counts)

(Just the short list, again very documented).

Sincerely,

Paul Joseph Harcz, Jr.

Attached Original for Reference:

October 20 2013 to Rodgers on BADP Applicants

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

810-5160-5262

Joeharcz at comcast.net

To:

Edward Rodgers, Director

Bureau of Services to Blind Persons (BSBP

Dear Mr. Rodgers,

I was interested to hear several of your comments at the meeting of the
national Federation of the Blind of MI yesterday. One was that approximately
100 people applied for the position of the Business Assistance Development
Program Director. I also was stunned to hear you say that 57 of the
applicants were blind people. And I was stunned to hear you say that there
were ten or twelve people interviewed for this $104,000 position now headed
by Mr. Robert "Essenberger".

Regardless I am writing you today for a complete list of all applicants for
that position (just their simple names), and the names of those interviewed
for that Level 19 position. Not that I doubt what you say, but am pretty
fastidious about these things from public employees.

As a blind person you know I cannot read print, so I simply request this
simple list as an e-mail correspondence.

Frankly, you had some pretty good recall of the numbers and all that so you
probably could write out this list in a matter of minutes off the top of
your head.

You seemed to be very confident about your recollections of that issue and
others.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB MI

Cc: BSBP Commissioners

Cc: Mike Zimmer, LARA

Cc: RSA

Cc: several

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