[nfbmi-talk] Fw: FOIA Response to Request for BSBPCommissionforBlind Persons- Transcripts/Minutes & Reports

Fri Feb 21 12:01:37 UTC 2014

Have done so before but here is what I sent you and others six months ago:

Part One - Rehabilitation Act and ADA Violations

I a person who is blind have requested from Rodgers, Director of BSBP in 
accessible format (simple e-mail) all documents related to BSBP advisory 
board (commission" meetings sent to commissioners. I also have requested the 
state plan supplement in accessible format, In these regards I've invoked 
the effective communications requirements of the ADA (Title II, subpart e, 
communications, no surcharge, primary consideration) and the "auxiliary aids 
and services provisions" of Section 504 of the Rehabilitation Act.

In addition I've invoked several other references including the following 
briefly stated here:

-Affirmative responsibility of public entities to effective communications, 
118 F.3d 1400: Lewis "toby" Tyler, Plaintiff-appellant, v. City of 
Manhattan, Defendant-appellee,united States of America, Amicus Curiae :: US 
Court of Appeals (don't have the cite for district court case in which he 
prevailed on injunctive relief and of course lawyers fees)

-

Segment from LARA's own accessible meeting policy:

"

 "7. Accessible information throughout the event. This includes speeches,

PowerPoint and other presentations, flip charts, hand-outs, films, videos 
and

other information. For example, accommodations may include sign language

interpreters, assistive listening systems, and/or real-time captioning for

individuals who are deaf or hard of hearing. People who are blind or 
visually

impaired may need materials in alternative formats such as large print, 
Braille,

audiotape, and/or a computer disc. The information should be available 
during

the event, and not sent after the fact.""

-And this segment from the general anti-discrimination section of 504:

""                  (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."

-And finally this section from Title I of the Rehab Act:

"""    (e) Appropriate modes of communication. The State unit must provide

to the public, through appropriate modes of communication, notices of

the public meetings, any materials furnished prior to or during the

public meetings, and the policies and procedures governing the

provision of vocational rehabilitation services under the State plan.

(Authority: Sections 101(a)(16)(A) and 105(c)(3) of the Act; 29

U.S.C. 721(a)(16)(A), and 725(c)(3))"""

Yet, Rodgers turned these simple requests for information in to FOIA 
requests and various parties in LARA have either denied outright my access 
to even the state plan, or other documents requested or have tried to charge 
me for even searching for documents already accessible and sent to 
commissioners, or have delayed based upon these searches my rights to these 
documents in a timely manner.

It is important to denote the willful indifference displayed here by these 
state actors as they were again notified of their obligations.

Moreover, it is extremely important to note that Michael Zimmer himself 
acted as the appeals person on my FOIA appeal which shouldn't have been FOIA 
to begin with. He is the head of the Designated State Agency responsible for 
the State Plan, and also heads MAHS, and now sets himself out as a 
documented violator of my civil rights under the ADA, and Rehabilitation Act 
related to this issue of access to information related to state plan and 
meetings.

I think the conflicts are apparent on there face.

----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Friday, February 21, 2014 1:33 AM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for 
BSBPCommissionforBlind Persons- Transcripts/Minutes & Reports

Joe, Will you please enlighten us with the specific citations for such
requirements?
Thanks.

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Thursday, February 20, 2014 6:27 PM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for BSBP
CommissionforBlind Persons- Transcripts/Minutes & Reports

And when it relates to a meeting of a VR entity these things are not FOIA
requests but are required underh the ADA andSection 504 to be issued
affirmatively let alone upon request in the most effective format for the
individual.

The ADA and 504 are federal civil rights laws and trump the abuse of FOIA.

Great work by the way Dave!
----- Original Message ----- 
From: "David Robinson" <drob1946 at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Thursday, February 20, 2014 4:26 PM
Subject: [nfbmi-talk] Fw: FOIA Response to Request for BSBP Commission
forBlind Persons- Transcripts/Minutes & Reports

----- Original Message ----- 
From: Haynes, Carla (LARA)
To: David Robinson
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ;
Belknap, Katie (LARA)
Sent: Thursday, February 20, 2014 10:06 AM
Subject: FOIA Response to Request for BSBP Commission for Blind Persons-
Transcripts/Minutes & Reports

February 20, 2014

Mr. David Robinson

E-mail: drob1946 at gmail.com

818 Loomis Street

Jackson, MI  49202

Re:  FOIA Response to Request for Information on BSBP Commission
Transcripts/Minutes and Reports

Dear Mr. Robinson:

This email is in response to your February 7, 2014, email request for
information, received by this office on February 10, 2014.  Please be
advised that the Bureau of Services for Blind Persons (BSBP) is processing
this request under the state's Freedom of Information Act (FOIA), MCL 15.231

et seq.  On February 14, 2014, an extension was taken on this request to
March 3, 2014, as permitted by Section 5(2)(d) of the FOIA.

You have requested information you describe as:

"I would like to request that your report to the advisory commission along
with any additional reports from BSBP staff be forwarded to me in an
accessible format for me. I would accept either electronic information in
word or in braille.  In addition, I would request that the approved minutes
of meetings be sent to me as well. Likewise in an electronic or braille
format."

Your request is granted as to existing, nonexempt records that pertain to
your request.  In regards to the report(s) to the BSBP Advisory Commission
on February 7, 2014, attached to this response/email are two reports that
were presented to the BSBP Commission for Blind Persons at this meeting.

FOIA Response - D. Robinson

February 20, 2014

Page 2 of 2

In regards to the BSBP Commission for Blind Persons approved
minutes/transcripts, these are available on our website at
www.michigan.gov/bsbp, Commission for Blind Persons, Transcripts, 2013
Transcripts, then by meeting date.  As of this writing, all approved
transcripts/minutes are available on this website.

The FOIA cost to produce the two reports is $7.84 (calculated by using
$31.37 which is the hourly wage plus fringe benefits of the Department's
lowest paid employee capable of processing this request multiplied by the
amount of time to process this request which is ¼ of an hour = $7.84).  As
this amount is below the Department threshold of $25.00 for charging costs
involved in complying with a FOIA request, this FOIA fee is being waived.

Please note that nothing within the federal American with Disabilities Act
(ADA), Section 504 of the Rehabilitation Act of 1973 (RA), as amended, or
the state's FOIA (MCL 15.231 et seq.) requires a public body to process FOIA

requests free of charge.  Further, while the ADA and Section 504 of

the RA may mandate that, upon request, material be produced in an accessible

format without charge, neither the ADA or Section 504 of the RA preclude a
public body from charging costs under the state's FOIA. Thusly, please note
that no labor fee charges have been, or will be, assessed to convert
existing, nonexempt public records responsive to your requests into an
accessible format to forward to you.

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

From: David Robinson [mailto:drob1946 at gmail.com]

Sent: Friday, February 07, 2014 1:57 PM

To: Rodgers, Edward (LARA)

Cc: NFB of Michigan Internet Mailing List

Subject: request for reports and minutes

Dear Mr. Rodgers,

   Having listened to the BSBP meeting of Friday, February 7, I was
interested in some additional data.  I would like to request that your
report to the advisory commission along with any additional reports from
BSBP staff be forwarded to me in an accessible format for me. I would accept

either electronic information in word or in braille.

   In addition, I would request that the approved minutes of meetings be
sent to me as well. Likewise in an electronic or braille format.

   This is just a request for public documents by a member of the public and

not a FOIA request. My e mail is (drob1946 at gmail.com)  My address is 818
Loomis St.  Jackson, Mi  49202.

   Thank you for your prompt response to this request.

Cordially,

David Robinson

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