[nfbmi-talk] Fw: FOIA Response to Request for Information on EOC Mtg. of 9-28-13

[joe harcz Comcast]

Here is the e-mail adress of the head of MPAS. I suggest that each and everyone of us cc him whether it be a VR, or BEP or anything else complaint.

It is long since time that this federally funded agency enforces our rights as blind persons which have so long been abused in documentation by folks like me.
----- Original Message ----- 
From: Elmer 
To: joe harcz Comcast 
Sent: Wednesday, October 30, 2013 5:15 PM
Subject: Re: FOIA Response to Request for Information on EOC Mtg. of 9-28-13


Ecerano at mpas.org

Sent from my iPad

On Oct 30, 2013, at 5:05 PM, "joe harcz Comcast" <joeharcz at comcast.net> wrote:


  What is the MPAS account. You don't have a directory at MPAS.
    ----- Original Message ----- 
    From: Elmer Cerano 
    To: joeharcz at comcast.net 
    Sent: Wednesday, October 30, 2013 4:57 PM
    Subject: Re: FOIA Response to Request for Information on EOC Mtg. of 9-28-13



    Please send mpas related emails my Mpas e-mail only. Do not use my aol account. I do not check my personal email on a regular basis. And my personal emails can not assure confidentiality. 
    Sent from AOL Mobile Mail


    -----Original Message-----
    From: joe harcz Comcast <joeharcz at comcast.net>
    To: zimmerm <zimmerm at michigan.gov>
    Cc: Steve Arwood LARA Dep <arwoods at michigan.gov>; Rodgers, Edward (LARA) (LARA) <rodgerse at michigan.gov>; nfbmi-talk <nfbmi-talk at nfbnet.org>; Elmer Cerano (E-mail) <ecerano at aol.com>; MARK MCWILLIAMS <MMCWILL at mpas.org>; BRIAN SABOURIN <BSABOUR at mpas.org>; James Chaney EOC <resolutioncomm at sbcglobal.net>; Hazell Brooks <jiggyzee at att.net>
    Sent: Wed, Oct 30, 2013 04:11 PM
    Subject: Fw: FOIA Response to Request for Information on EOC Mtg. of 9-28-13




        ----- Original Message ----- 
    From: joe harcz Comcast 
    To: Haynes, Carla (LARA) 
    Sent: Wednesday, October 30, 2013 3:21 PM
    Subject: Re: FOIA Response to Request for Information on EOC Mtg. of 9-28-13 


    Ok, now this is an explicit violation of the Michigan Open Meetings Act tant the provisions for meetings therein. I supplied citatations to Mr. Rodgers a lawyer that were plain upon their face.

    This is actionable to you Ms. Haynes, and Mr. Rodgers and as denoted is actually a misdemeanor.


    In other words violations of the OMA are criminal violations.



    Sincerely,

    Paul Joseph Harcz, Jr.


    cc: several
      ----- 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) ; Zanger, Connie (LARA) ; Hull, James (LARA) 
      Sent: Wednesday, October 30, 2013 1:19 PM
      Subject: FOIA Response to Request for Information on EOC Mtg. of 9-28-13 


      October 30, 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 EOC Draft Minutes & J. Hull Report of 9-28-13



      Dear Mr. Harcz, Jr.:



      This email is in response to your October 23, 2013, email request for information, received by this office on October 24, 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 (also included below) as:



      “Now, I’m writing to request the following:



      The draft minutes of this meeting which are supposed to be made available within (8) working days under the Michigan Open Meetings Act (and with no charge by the way).



      In addition I am requesting in accessible format all referenced information including the written report of James Hull again in accessible format that was referenced in this meeting.”



      In order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your 

      FOIA Response – P.J. Harcz, Jr.

      October 30, 2013

      Page 2 of 2





      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 14, 2013, for your request.



      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 14, 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

                Elsie Duell

                Constance Zanger

                James Hull



      From: joe harcz Comcast [mailto:joeharcz at comcast.net] ; 

      Sent: Wednesday, October 23, 2013 12:23 PM 

      To: Rodgers, Edward (LARA) 

      Cc: Hull, James (LARA); Arwood, Steve (LARA); Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org; BRIAN 

      SABOURIN; Christyne.Cavataio at ed.gov; Marlene Malloy; BSBPcommissioners 

      Subject: sorry prior post a little messed up



      Just to clarify....


      October 23 2013 Written Report of Hull to EOC and Draft Meeting Minutes



      Paul Joseph Harcz, Jr.

      1365 E. Mt. Morris Rd.

      Mt. Morris Rd.

      Mt. Morris, MI 48458

      joeharcz at comcast.net

      810-516-5262



      To: Edward Rodgers

      Bureau of Services for Blind Persons

      James Hull, Business Enterprise Program

      (Via E-mail)



      All,



      I just got through listening to a recording of the public meeting of the Elected Operators committee Meeting of Sept. 28, 2013.



      Now, I’m writing to request the following:



      The draft minutes of this meeting which are supposed to be made available within (8) working days under the Michigan Open Meetings Act (and with no charge by the way).



      In addition I am requesting in accessible format all referenced information including the written report of James Hull again in accessible format that was referenced in this meeting.



      Note: under relevant portions of the ADA and Section 504 and, indeed LARA’s own accessible meeting policy based upon these laws, all printed information related to such meetings were to be made accessible at that meeting and certainly are to be made accessible at no cost to me upon request.



      And certainly you can’t charge me extensively for searching for these documents which you all have at your ready and would be using an abuse of the FOIA (a state law) to trump clearly required meeting related documents under the two above cited federal civil rights laws.



      That would be a violation of the general anti-discrimination provisions of both the ADA and 504.



      Back to Hull’s report, I am especially interested in his written report relative to Administrative reviews, license revocations, etc.



      Now, all I request is that you send me promptly these documents and reports as either/or Word attachments; plain text enclosures to my e-mail adress listed above.



      A failure to promtly comply with this request for simple minutes and written reports to this meeting is actionable and will represent continued violations against my person of established civil rights laws.



      Thus I do expect a prompt response. And by the way you also might wish to in a timely manner post this information to BSBP’s web site.



      Sincerely,



      Paul Joseph Harcz, Jr.



      -Ninety-nine percent of lawyers give the other one percent a bad name—Steven Wright



      Cc: NFB MI

      Cc: BSBP “Commissioners”

      Cc: James Chaney, EOC

      Cc: MCRC

      Cc: MPAS

      Cc: RSA

      Cc: OCR

      Cc: United States Department of Justice, Civil Rights Division, Disabilities Rights Section

      Cc: several media

      Cc: several legislators









      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