[nfbmi-talk] Fw: official request 504 information manor

[joe harcz Comcast]

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "MARK CODY" <MCODY at mpas.org>
Sent: Monday, February 10, 2014 9:25 AM
Subject: Re: official request 504 information manor


> Not only are these documents required but all documents requested are 
> required not only under FOIA, but also under Section 504 and the ADA.
>
> MPAS is funded by the federal bucks and for the very purpose of again 
> among other things acting systemically (re: Section 509, PAIR) program.
>
> Moreover, don't tell me FOIA and OMA don't apply as this case shows:
> Sclafani v. Domestic Violence Escape, 255 Mich. App. 260 (2003).  HELD: 
> nonprofit agencies can be subject to FOIA.
>
>
>
> Velda Sclafani, plaintiff, was the executive director of DOVE, an 
> organization dedicated to preventing domestic violence. After being fired 
> or forced to
>
> resign, Sclafani requested documents from DOVE.  The agency failed to 
> provide her the information. Sclafani brought an FOIA action against DOVE. 
> She claimed
>
> DOVE was a public body subject to the FOIA because DOVE was primarily 
> funded by the government.
>
>
>
> The lower court found that no single government agency provided more than 
> half of DOVE's funding.  It found that DOVE was not a public body under 
> the FOIA,
>
> and it threw out the lawsuit.
>
>
>
> The court of appeals saw things differently.  It found that the 
> combination of government funding for DOVE amounted to more than half of 
> DOVE's funding.
>
> The court held that MCL 15.232 (d) (iv)'s definition of a public body 
> includes organizations that are funded primarily by the government, even 
> if the government
>
> funding comes from separate government agencies. According to the Appeals 
> Court, FOIA is meant to ensure that taxpayers can monitor private 
> organizations
>
> which use taxpayer dollars.
>
>
>
> ----- Original Message ----- 
> From: "MARK CODY" <MCODY at mpas.org>
> To: "joe Comcast" <joeharcz at comcast.net>; "ELMER CERANO" 
> <ECERANO at mpas.org>
> Cc: "MARK MCWILLIAMS" <MMCWILL at mpas.org>
> Sent: Friday, January 31, 2014 4:48 PM
> Subject: Re: official request 504 information manor
>
>
>> Joe,
>>
>> We will attempt to locate an electronic copy of the report and send it
>> to you in an accessible format.  However, we are not obligated to
>> provide you with a copy of this document, as we are not subject to FOIA.
>> The Bureau of Child and Adult Licensing of the Michigan Department of
>> Human Services is subject to FOIA.  They are the originators of the
>> report and presumably could provide it to you in an accessible format.
>>
>> Mark
>>
>> Mark A. Cody
>> Michigan Protection and Advocacy Service, Inc.
>> 4095 Legacy Parkway, Suite 500
>> Lansing,  MI  48911-4263
>> 517.374.4628/1.800.288.5923
>> Fax-517.487.0827
>> mcody at mpas.org
>>
>> CONFIDENTIALITY NOTICE:  The transmitted material is intended only for
>> the
>> use of the addressee.  It may contain confidential, proprietary and /
>> or
>> legally privileged information.  If you are not the intended
>> recipient,
>> please be aware that any review, use, dissemination, distribution, or
>> copying
>> of this communication, in whole or in part, is prohibited.  If you
>> received
>> this communication in error, please notify us immediately by e-mail
>> reply or
>> by phone (800-288-5923), delete the communication and destroy any
>> copies.
>>
>>>>> "joe harcz Comcast" <joeharcz at comcast.net> 1/31/2014 6:34 AM >>>
>> January 31 2014 Request for Information Report Manor Foundation
>>
>>
>>
>> Paul Joseph Harcz, Jr.
>>
>> 1365 E. Mt. Morris Rd.
>>
>> Mt. Morris, MI 48458
>>
>> 810-516-5262
>>
>> joeharcz at comcast.net
>>
>>
>>
>> To:
>>
>>
>>
>> Elmer Cerano, Exec. Dir. Michigan Protection and Advocacy Services,
>> Inc.
>>
>> Mark Cody, Esq.
>>
>> Mark McWilliams, Esq.
>>
>>
>>
>> (Via e-mail)
>>
>>
>>
>>
>>
>> Dear Mr. Cerano, et al,
>>
>>
>>
>>
>>
>> I draw your attention to the following from the May 15, 2012 Michigan
>> Protection and Advocacy Services, Inc. board of Directors meeting:
>>
>>
>>
>> ""Mark Cody gave an update on the Manor Foundation investigation
>> which is a Child Caring Institution located in Jonesville, Michigan.
>> After MPAS became active in monitoring the facility a few years ago,
>> MPAS entered into an agreement with the Manor detailing steps that they
>> had to take to end the use of restraint and seclusion. The agreement was
>> successful but not as much as had hoped.    Crystal Grant through the
>> Freedom of Information Act received a Notice of Intent to Modify License
>> for the Manor.  This is a 42 page report that noted 95 violations with
>> 51 substantiated.
>>
>> "
>>
>>
>>
>>
>>
>> Now as the report here is a public record and as MPAS is required to
>> follow the ADA and Section 504 of the Rehabilitation Act of 1973 I, Paul
>> Joseph Harcz, Jr., a person who is blind am formally requesting this 42
>> page report in accessible format and a timely manner.
>>
>>
>>
>> I request that this report is sent to me as either a plain text
>> attachment and/or a plain text enclosure to my e-mail address listed
>> above, for I use a screen reader.
>>
>>
>>
>> I thank you in advance for your prompt, and accessible response.
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Paul Joseph Harcz, Jr.
>>
>>
>>
>> Cc: NFB MI
>>
>> Cc: ADAPT MI
>>
>> Cc: file
>>
>>
>>
>>
>>
>>
>>
>>
>