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

[joe harcz Comcast]

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "ELMER CERANO" <ECERANO at mpas.org>
Sent: Thursday, October 31, 2013 1:22 PM
Subject: Re: Fw: FOIA Response to Request for Information on EOC Mtg.of 
9-28-13


> As I've cited the OMA and also again the Rehab Act related to these 
> documents the parties have been legally informed and act with deliberate 
> indifference to my requests which is most actionable, indeed regarding the 
> OMA it is a crim and relative to again the ADA/504 these things are 
> chronic and persistint violations of my civil bloody rights.
>
> They are now forty five years old and I still get this bull hockey from a 
> federally funded agency for the blind that is funded by the rehab act it 
> violates in documented fashion?
>
>
> What ggives Elmer ? This ain't complicated.
>
>
> This is willful discrimination against my person by this federallly funded 
> VR agency for the blind and by persons Rodgers and Zimmer who are officers 
> of the court dully notified.
>
> They have caused me great angst and distrress in these regards too as well 
> as my entire class.
>
>
>
> They are willful scofflaws and again documented ones at that.
> ----- 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
>>
>>
>