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

Mon Oct 28 13:40:26 UTC 2013

Now ladies and gentlement it is time to sue this scofflaw entitiy for systemic and knowing violations of the ADA and 504 as this scofflaw is trying to deny documentation of policy provisions in his own pc that are clearly discriminatory. You can't make this stuff up.

It is abuse of process and a chronic and malicious abuse of all PWD including of course those of us who are blind.

Moreover if any of this stuff is deleted it is spoliation and that in and of itself is a criminal act by this so-called FOIA officer and his handlers.
----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Sent: Monday, October 28, 2013 8:51 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