[nfbmi-talk] Fw: FOIA Response - Re: Newsline

Wed Sep 18 03:02:55 UTC 2013

Do we not see how utterley sill and indeed outright stupid this stuff is and I'm trying not to swear or be profane, but these folks are dinks of the hiests order and weiardos and perhaps perveted types being tthat they deny civil rights to rightful respontents, whith is perverted enough in my mind and indeed, in the mind of rightful lawful order too
----- Original Message ----- 
From: joe harcz Comcast 
To: blind democracy List 
Sent: Tuesday, September 17, 2013 8:24 PM
Subject: Fw: FOIA Response - Re: Newsline

----- 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 17, 2013 5:23 PM
Subject: FOIA Response - Re: Newsline

September 17, 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, of which an extension was taken to September 16, 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."

Your request is granted as to existing, nonexempt documents pertaining to your request.  We estimate that the time to process this request is 4 hours.   Section 4(1) of the FOIA, MCL 15.234(1), provides that a public body may charge a fee for public record search, including the mailing costs, the cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.

Response - P.J. Harcz, Jr.

September 17, 2013

Page 2 of 2

Nothing within the ADA or Section 504 states that you will receive your requested information free of charge.  It is a two-step process in the determination of costs.  First, the Michigan FOIA (MCL 15.231 et seq), allows an agency to charge for costs under Section 15.234, Section 4.  Second, while the ADA and Section 504 mandate that the material be produced in an accessible format upon request and without charge, neither the ADA or Section 504 preclude us from charging costs under the Michigan FOIA.  We do not charge for the labor cost to convert documents into an accessible format.

In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $67.12 in order to begin the processing of this request.  An invoice is attached that outlines the costs.

Once payment is received for the deposit, we will start the processing of your request.  Once the process is complete, we will request payment for the additional amount of the actual cost of the request.  When we receive this payment, we will send the information either to you via email or to you in the U.S. Mail on a USB flash drive (depending on the amount of material responsive to your request).

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

Attachments 2:  Invoice & Request for Information

cc:     Edward F. Rodgers II,           Sue Luzenski

          Mike Pemble, Katie Belknap

          Elsie Duell, Lucy Edmonds

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF SERVICES FOR BLIND PERSONS

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

REQUEST RECEIVED:  August 27, 2013

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  Yes

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator

(517) 373-0194, Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

"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."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  3 hrs. x Hourly Rate: $31.06 = Amount:      $93.18

          Examining and Extracting Cost:  

                    Number of Hours: 1 hrs. x Hourly Rate: $31.06 = Amount:                           $31.06

TOTAL LABOR:           $124.24

POSTAGE (estimate):          $3.00

DUPLICATING:  Number of Pages (0) times Copying Rate of $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $7.00 (for USB Drive)

SUBTOTAL:  $134.24

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       

INVOICE TOTAL:        $134.24

DEPOSIT* $67.12

BALANCE TO BE PAID*:     $67.12

Make check or money order payable to:         STATE OF MICHIGAN

Remit to:              Department of Licensing and Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat from this amount.

From: joe harcz Comcast <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

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
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