[nfbmi-talk] Fw: FOIA Response - Extension Taken

Tue Sep 3 21:07:31 UTC 2013

----- 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) ; Edmonds, Lucy (LARA) 
Sent: Tuesday, September 03, 2013 4:55 PM
Subject: FOIA Response - Extension Taken

September 3, 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 Newsline Documents

Dear Mr. Harcz, Jr.:

This email is in response to your August 26, 2013, email request for information under the Freedom of Information Act (FOIA), MCL 15.231 et seq, received by this office on August 27, 2013.

You have requested information as described in your email as:

"I am writing you today to request any correspondence, including e-mails between yourself and anyone either departmentally (within Licensing and Regulatory Affairs, or with the Rehabilitation Services Administration) relative to Newsline for the Blind during your relatively brief tenure as Director of BSBP (from Oct. 1, 2012 to the present). In addition I am writing to receive any correspondences between you or any other BSBP or LARA personnel with any person or party with the National Federation of the Blind of Michigan, or the National Federation of the Blind, Inc. in these regards."

In order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your 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 September 16, 2013.

FOIA Response - P.J. Harcz, Jr.

September 3, 2013

Page 2 of 3

If it is determined that there is a cost involved in the processing of this request, you will be sent a letter which will include an invoice outlining that cost (before or no later than September 16, 2013).  This letter 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.

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

          Lucy Edmonds

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

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Monday, August 26, 2013 10:36 PM
To: Rodgers, Edward (LARA)
Cc: Arwood, Steve (LARA); Haynes, Carla (LARA); Farmer, Mel (LARA); nfbmi-talk at nfbnet.org; Larry Posont MCB Comm.; valarie Barnum Yarger MISILC; Craig McManus RSA; Levy, Daniel (MDCR); OCR Cleveland Office; Sally Conway USDOJ; Elmer Cerano MPAS; MARK MCWILLIAMS; MARK CODY
Subject: request information foia ada 504 newsline

Pass this around the internet please all and to enforcment agencies please enforce the ADA/504 on this scofflaw institution!

August 26 2013 FOIA to Rodgers BSBP

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

810----516-5262

joeharcz at comcast.net

Re Newsline Documents with Corollary ADA/504 request

To:

Edward Rodgers, Director

Michigan Bureau of Services for the Blind (BSBP)

(Via: Email)

Dear Mr. Rodgers,

I am writing you today to request any correspondence, including e-mails between yourself and anyone either departmentally (within Licensing and Regulatory Affairs, or with the Rehabilitation Services Administration) relative to Newsline for the Blind during your relatively brief tenure as  Director of BSPP (from Oct. 1, 2012 to the present). In addition I am writing to receive any correspondences between you or any other BSBP or LARA personnel with any person or party with the National Federation of the Blind of Michigan, or the National Federation of the Blind, Inc. in these regards.

In addition anything that is in print only is not accessible to this blind person. Thus I request all correspondences be remitted to me in accessible format without surcharge in accordance with the Americans with Disabilities Act of 1990 (Title II, subpart e, communications), and Section 504 of the Rehabilitation Act of 1973which actually pays your salary by the way and of which you as a state actor are obligated under said laws to apply to your activities, and if not you have a Section 1983 issue to deal with. (Again send me this stuff as simple e-mail (fws) or as either plain text oor Word documents to my e-mail adress listed above, unless, of course you wish to send them out as contracted Braille.)

Failure to respond to this request for reasonable accommodations, in written form is a violation of both the Michigan FOIA, The Michigan Persons with Disabilities Civil Rights Act, and, of course the federal civil rights laws (ADA/504) aforementioned which are constitutionally derived both under Article V, of the 14th Amendment, as well as the "Spending Clause" of the U.S Constitution just to name two constitutional issues at play here.

Oh you don't have even qualified immunity as a Judge for you are no longer acting in judicial capacity sir. You are acting as a state actor and highly paid administrator of a predominately federally funded agency for the blind.

So, simply I suggest to you you remit this easily derived information by simple e-mail.

I also advise you that I have no patience left whatsoever for all the "shake and bake", "Bait and switch" and all the civil rights violations that you, LARA, or the State of Michigan, including the Governor's office have done to my person or my class over the past year in suborning rights clearly delineated in law, regulations, case law, and so forth.

So, again you've been notified; you have had the time to respond to prior lawful requests for information; yond any failure to do so on this or other requests is actionable upon your person )re: ex parte young case law.

Sincerely

Paul Joseph Harcz, Jr.

Cc: several attorneys at law

Cc: OCR, ED.

Cc: USDOJ, Civil Rights Division Disabilities Rights Section

Cc: MCRC

Cc: several media outlets

Cc: NFB MI, NFB US

Cc: MI SILC

Cc: MRSC

Cc: MI SILC

Cc: MPAS

Cc: several LARA

Cc: file
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