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

[joe harcz Comcast]

----- Original Message ----- 
From: "ELMER CERANO" <ECERANO at mpas.org>
To: "joe Comcast" <joeharcz at comcast.net>
Sent: Thursday, October 31, 2013 10:32 AM
Subject: Re: Fw: FOIA Response to Request for Information on EOC Mtg.of 
9-28-13


> Joe, we are looking specifically at whether or not BSBP is identifying
> public documents as requiring a FOIA request. Although they are allowed
> to charge for FOIA'd information, public documents should not require a
> FOIA in the first place.
>
> As far as I understand, there can not be a charge for having public
> documents in an accessible format.
>
> I will let you know the outcome on this.
>
>
> I have also asked Brian to get you an accessible application for BSBP
> services. That should be coming to you through us in a word or pdf
> formate.
>
> I also need clarification as to whether or not you are currently
> represented by a private attorney related to seeking access to BSBP
> services.
>
>>>> "joe harcz Comcast" <joeharcz at comcast.net> 10/31/2013 9:41 AM >>>
> 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
>
>