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

joe harcz Comcast joeharcz at comcast.net
Tue Feb 11 19:57:15 UTC 2014


----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "MARK CODY" <MCODY at mpas.org>
Sent: Tuesday, February 11, 2014 2:54 PM
Subject: Re: official request 504 information manor


> Excuse me MPAS recieves more than ninety five percent of its funding 
> through public funds. That is state directly on your own web site.
>
> Moreover the bulk of those funds are direct federal grants and those such 
> as the 509 grant are for the very purpose of protecting rights 
> systemically including those in 504 all of the Rehab Act and our, PWD 
> fundamental civil rights.
>
> Moreover, both in 504, general provisikons, and ADA, Title III general 
> provisions meetings must be made accessable of recipients. And that sure 
> does include information related to them.
>
> This stuff goes to my numerous complaints against BSBP, TDN and other 
> federally funded outfits under the rehab act that violate my civil rights 
> with impunity.
>
> Now, sir I fully expect that all of these agencies and yours are one 
> hundred and ten percent compliant with my civil rights protections under 
> 504 which are after all 40 plus years old.
>
> Sorry if I sound ticked but I am sir.
>
> I am no longer content to have second class civil rights protections, 
> compliance, etc.
>
> And nor am I content to see my class continually victimized by benign 
> neglect of these rights and those of the ADA.
>
> And, sir I fully expect that MPAS actually understand these laws, and that 
> includes effective communications requirements as well.
>
> Sadly, after years of experience and dealings with MPAS it does not seem 
> to understand these federal civil rights laws.
>
> And most especially the rights of people who are blind.
>
> Joe
> ----- Original Message ----- 
> From: "MARK CODY" <MCODY at mpas.org>
> To: "joe Comcast" <joeharcz at comcast.net>
> Cc: "MARK MCWILLIAMS" <MMCWILL at mpas.org>
> Sent: Tuesday, February 11, 2014 2:44 PM
> Subject: Re: official request 504 information manor
>
>
>> Joe,
>>
>> I read the case you cited, which makes clear that nonprofits that
>> receive more than 50% of their funding from state or local government
>> are subject to FOIA.  MPAS does not and we are therefore not covered.
>>
>> We will, however, send you a copy of the Notice of Intent that was
>> issued by the Michigan Department of Human Services.  This may take a
>> few additional days.
>>
>> 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> 2/10/2014 9:25:43 AM
>>>>>
>> 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
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>
> 





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