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

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (LARA) 
Sent: Monday, October 28, 2013 9:59 AM
Subject: Re: to farmer foia on foia


Oh, wait a minute I'm supposed to appeal to the ultimate scofflaws (Arwood and Zimmer) themselves here?

Wow that is a really transparent abuse of the system and violations of established "checks and balances".


Now this is also "crazy making" to sir. For it is simply an abuse of the so-called legal process intended to drive me "nuts" by bureaucrats like yourself.

Now think about this sir and all the damages the Free Press got for similar obfications in the Kwame Fitzpatrick case!


Add to that the obvious violations of the ADA and 504 in these regards with malicious intent and one gets a settlement in the millions and don't think this isn't going to court either and don't think for one minute that your violations of my rights under law and equity are going to continue without remedy. And don't think for on moment that the scofflaws you reference will be allowed to continue to steal from the blind of Michigan with impunity and under the cloak of your abuses of FOIA.

You have stated now in the public record sir that you've had no directive from anyone in LARA including specifically Zimmer and Rodgers relative as how to avoid basic requests for information. Then you said no records exists.

Then you deny examinination of your PC to show that clearly this is nothing short of a lie from you a, state actor.

Here is a simple question: Do you wish to be sued for damages and sent to jail for your perverse violations of law and equity hereincluding my very civil rights violations? Or do you wish to actully come clean and be a good government steward of information?

The choice is yours sir.

And both the so-called "right"and the so-called "left" in our State legislature is looking at this as are now the courts of law.


  ----- 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