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

joe harcz Comcast joeharcz at comcast.net
Thu Oct 31 13:41:40 UTC 2013


All can't you read statutes and regulations that I've supplied you legal beagles with?


The Michigan Open Meetings Act clearly states that minutes mus be kept and must be dispensed for nothing short of (at maximum) postage. Moreover meetings of a VR body such as BSBP must be fully accessible from the get go.

Yet you abuse the FOIA as a means of circumventing both laws here in clear cut terms.

And that is indeed a violation of the general ADA/504 anti-discriminatory clauses that I've alos sent you.


Thus as again State Actors acting in official capacity you have knowningly and maliciously violated my known civil rights and that is actionable under 42USC1983.



Your personal and collective violations of laws and equity must end now.
----- Original Message ----- 
From: joe harcz Comcast 
To: zimmerm at michigan.gov 
Cc: Steve Arwood LARA Dep ; Rodgers, Edward (LARA) ; nfbmi-talk at nfbnet.org ; Elmer Cerano (E-mail) ; MARK MCWILLIAMS ; BRIAN SABOURIN ; James Chaney EOC ; Hazell Brooks 
Sent: Wednesday, October 30, 2013 4:09 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

   



More information about the NFBMI-Talk mailing list