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

[joe harcz Comcast]

It is as simple as this and the notion that we PWD don't get remedy is just plain on its face ludicrious and in a word "nuts"
----- Original Message ----- 
From: joe harcz Comcast 
To: Haynes, Carla (LARA) 
Sent: Wednesday, September 18, 2013 12:45 AM
Subject: Re: FOIA Response - Re: Newsline


    34 C.F.R. Part 104

 

§ 104.4   Discrimination prohibited.

                  (a) General. No qualified handicapped person shall, on the 

basis of handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or activitiy which 

receives Federal financial assistance.

                  (b) Discriminatory actions prohibited. (1) A recipient, in 

providing any aid, benefit, or service, may not, directly or through 

contractual, licensing, or other arrangements, on the basis of handicap:

                  (i) Deny a qualified handicapped person the opportunity to 

participate in or benefit from the aid, benefit, or service;

                  (ii) Afford a qualified handicapped person an opportunity to 

participate in or benefit from the aid, benefit, or service that is not equal to 

that afforded others;

                  (iii) Provide a qualified handicapped person with an aid, 

benefit, or service that is not as effective as that provided to others;

                  (iv) Provide different or separate aid, benefits, or services 

to handicapped persons or to any class of handicapped persons unless such action 

is necessary to provide qualified handicapped persons with aid, benefits, or 

services that are as effective as those provided to others;

                  (v) Aid or perpetuate discrimination against a qualified 

handicapped person by providing significant assistance to an agency, 

organization, or person that discriminates on the basis of handicap in providing 

any aid, benefit, or service to beneficiaries of the recipients program or 

activity;

                  (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

                  (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service.

                  (2) For purposes of this part, aids, benefits, and services, 

to be equally effective, are not required to produce the identical result or 

level of achievement for handicapped and nonhandicapped persons, but must afford 

handicapped persons equal opportunity to obtain the same result, to gain the 

same benefit, or to reach the same level of achievement, in the most integrated 

setting appropriate to the person's needs.

                  (3) Despite the existence of separate or different aid, 

benefits, or services provided in accordance with this part, a recipient may not 

deny a qualified handicapped person the opportunity to participate in such aid, 

benefits, or services that are not separate or different.

                  (4) A recipient may not, directly or through contractual or 

other arrangements, utilize criteria or methods of administration (i) that have 

the effect of subjecting qualified handicapped persons to discrimination on the 

basis of handicap, (ii) that have the purpose or effect of defeating or 

substantially impairing accomplishment of the objectives of the recipient's 

program or activity with respect to handicapped persons, or (iii) that 

perpetuate the discrimination of another recipient if both recipients are 

subject to common administrative control or are agencies of the same State.

                  (5) In determining the site or location of a facility, an 

applicant for assistance or a recipient may not make selections (i) that have 

the effect of excluding handicapped persons from, denying them the benefits of, 

or otherwise subjecting them to discrimination under any program or activity 

that receives Federal financial assistance or (ii) that have the purpose or 

effect of defeating or substantially impairing the accomplishment of the 

objectives of the program or activity with respect to handicapped persons.

                  (6) As used in this section, the aid, benefit, or service 

provided under a program or activity receiving Federal financial assistance 

includes any aid, benefit, or service provided in or through a facility that has 

been constructed, expanded, altered, leased or rented, or otherwise acquired, in 

whole or in part, with Federal financial assistance.

                  (c) Aid, benefits or services limited by Federal law.  The 

exclusion of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to handicapped persons or the exclusion of a 

specific class of handicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to a different class of handicapped persons 

is not prohibited by this part.

 

  ----- 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