[nfbmi-talk] Fw: FOIA Response to Request for Information onBSBP Commission Transcripts/Minutes, Agendas, Reports & Consumer Satisfaction Survey
joe harcz Comcast
joeharcz at comcast.net
Sat Feb 22 02:26:59 UTC 2014
Yes I already have the last VR cconsumer satisfaction survey conducted in
20088. And madame I asked most nicely for the one Mr. Pemble said was sent
out this year to the MCRS back in December and then I get this months later.
By the way it is now nearly five years since a VR consumer satisfaction was
done. Does that tell ou anything?
----- Original Message -----
From: "Nadia Cioffi" <nadiaacioffi at gmail.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Friday, February 21, 2014 9:21 PM
Subject: Re: [nfbmi-talk] Fw: FOIA Response to Request for Information
onBSBP Commission Transcripts/Minutes, Agendas,Reports & Consumer
Satisfaction Survey
>I found clint VR Survey form 2008, odds are I can the newer one bud by
>accusing right violations, first google surch, then send a kind email ask
>them where they store it on their website, If s cannot find stuff I Them
>letter
>
> http://www.michigan.gov/mobi/lara/0,,7-154-61256_28313_33130-286907--,00.html
>
> On Feb 21, 2014, at 8:15 PM, "joe harcz Comcast" <joeharcz at comcast.net>
> wrote:
>
>
> ----- Original Message -----
> From: joe harcz Comcast
> To: Haynes, Carla (LARA)
> Sent: Friday, February 21, 2014 8:14 PM
> Subject: Re: FOIA Response to Request for Information on BSBP Commission
> Transcripts/Minutes, Agendas, Reports & Consumer Satisfaction Survey
>
>
> Carla,
>
> As a recent consumer who had his case closed before it was even opened UI
> want a copy of the consumer satisfaction survey itself in a format that is
> accessable to me and in a timely manner.
>
> It may be sent without charge to my e-mail adress.,
>
> And I will tell you this. This is one customer who is decidedly not
> satisfied.
>
> As per the other information you've been informed that all information
> sent to commissioners must be made available to the public and in
> accessable format pursant to relevent sections of Title I of the
> rRehabilitation Act of 1973, Section 504 of the same act and the Americans
> with Disabilities Act of 1990, Title II.
>
> In addition this doesn't even follow LARA's own accessable meetings
> policies which are based on the above referenced laws.
>
> All are federal civil rights laws and trump your continued abuse of the
> FOIA here which is clearly being used to circumvent aforementioned civil
> rights laws.
>
> Moreover, as documented BSBP didn't even put its agenda of the last
> meeting up on its web site until nearly a week after the meeting itself.
>
> Moreover, even under the Michigan Open Meetings AAct meeting minutes must
> be made available within eight working days and you can't charge for them
> or delay them either which you've done over and over again.
>
> Thus I want the last meeting minutes yesterday madame!
>
> And I want a copy of the survey Mr. Pemble said he sent out to consumers
> in the MCRS and other public meetings!
>
> This is also going as documentation of a pattern and practice of civil
> rights violations to several parties Ms. Haynes.
>
> Sincerely,Paul Joseph Harcz, Jr.
> ----- Original Message -----
> From: Haynes, Carla (LARA)
> To: joe harcz Comcast
> Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ;
> Belknap, Katie (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA)
> Sent: Friday, February 21, 2014 5:48 PM
> Subject: FOIA Response to Request for Information on BSBP Commission
> Transcripts/Minutes, Agendas, Reports & Consumer Satisfaction Survey
>
>
> February 21, 2014
>
>
>
> 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 BSBP Commission
> Transcripts/Minutes, Agendas, & Other Records sent to the Commission and
> the Consumer Satisfaction Survey
>
>
>
> Dear Mr. Harcz, Jr.:
>
>
>
> This email is in response to your February 13, 2014, email request for
> information, received by this office on February 14, 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.
>
>
>
> You have requested information as described in your email which is
> included below.
>
>
>
> In regards to your request for:
>
>
>
> 1. BSBP Commission for Blind Persons Transcripts/Minutes, Agendas and
> Other Information Sent: You previously requested the transcripts/minutes
> on August 9, 2013, and on October 21, 2013, and of which you received a
> response to each on August 29, 2013, and November 13, 2013, respectively,
> granting the information and requesting payment for these records. We
> have not received your payment to date.
>
>
>
> Please note that all of the meeting transcripts/minutes and agendas are
>
>
>
> FOIA Response - P.J. Harcz, Jr.
>
> February 21, 2014
>
> Page 2 of 3
>
>
>
>
>
>
>
>
>
> posted on our website at www.michigan.gov/bsbp. To access the agendas,
> choose Commission for Blind Persons, then under Meeting Agendas, choose
> 2014 Agendas. To access the transcripts/minutes, using the same website,
> choose Commission for Blind Persons, Transcripts, 2013 Transcripts, then
> by meeting date. As of this writing, all approved transcripts/minutes are
> available on this website.
>
>
>
> 2. Documents, Reports, etc. sent to the BSBP Commission for Blind
> Persons: I have attached to this response, two reports presented at the
> February 7, 2014, meeting. As to other documents per your request which
> you describe as "each and every scrap of paper sent to the commissioners
> and all information sent to BSBP Commissioners" a search must be
> undertaken. For this reason, it is necessary to extend the time for this
> part of your response, as permitted by Section 5(2)(d) of the FOIA,
> through March 7, 2014.
>
>
>
> If it is determined that there is a cost involved in the processing of
> this request, you will be sent an email which will include an invoice
> outlining
>
> that cost (before or no later than March 7, 2014). This email may either
> request a deposit (if the cost is over $50.00) or request payment of the
> total cost if the amount is under $50.00.
>
>
>
> 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.
>
>
>
> FOIA Response - P.J. Harcz, Jr.
>
> February 21, 2014
>
> Page 3 of 3
>
>
>
>
>
>
>
> 3. BSBP Consumer Satisfaction Survey - This survey is not completed and
> your request is denied based on the FOIA MCL 15.243, Exemptions from
> disclosure, Section 13(1)(m) which states: "A public body may exempt from
> disclosure as a public record under this act any of the following:
> Communications and notes within a public body or between public bodies of
> an advisory nature to the extent that they cover other than purely factual
> materials and preliminary to final agency determination of policy or
> action." We believe that releasing this information prior to the
> completion of the survey will discourage open and frank communication of
> the parties involved.
>
>
>
> Under the provisions of MCL 15.240, Section 10(1) of the state's FOIA, you
> may (1) submit a written appeal regarding the disclosure denial of any
> portion of your FOIA request to Steve Arwood, Director, Michigan
> Department of Licensing and Regulatory Affairs, Attention: Michael Zimmer,
> Chief Deputy Director, P.O. Box 30004, Lansing, MI 48909. Your appeal must
> include the word "appeal" and identify the reason(s) for reversal of any
> disclosure denials; or (2) you may file an action in an appropriate court
> within 180 days after this notice. If you prevail in court action, the
> court may award you reasonable attorney fees, costs, and disbursements. If
> the court finds the Department's actions to be arbitrary and capricious,
> the court shall award you, in addition to any actual or compensatory
> damages, punitive damages in the amount of $500.00."
>
>
>
> Sincerely,
>
>
>
> Carla Miller Haynes, FOIA Coordinator
>
> Bureau of Services for Blind Persons
>
>
>
> Attachment: Email Request for Information, Attachment to Email - 2
> Reports
>
> cc: Edward F. Rodgers II, Sue Luzenski
>
> Mike Pemble, Katie Belknap
>
> Leamon Jones, Diamalyn Gaston
>
>
>
> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
>
> Sent: Thursday, February 13, 2014 7:27 AM
>
> To: Rodgers, Edward (LARA)
>
> Cc: Luzenski, Sue (LARA); Mike Pemble BSBP Dep. Dir.; Zimmer, Mike (LARA);
> Elmer Cerano MPAS;
>
> BRIAN SABOURIN; MARK CODY; Marlene Malloy MCRS Dir.; BSBPcommissioners;
> Sally Conway USDOJ
>
> Subject: reiterated requests ada/504 compliance and complaint!
>
>
>
> February 13 2014 More Requests for Access Info
>
>
>
> Paul Joseph Harcz, Jr.
>
> 1365 E. Mt. Morris, MI 48458
>
> 810-516-5262
>
> joeharcz at comcast.net
>
>
>
> Re: Continued ADA, 504 Violations and Discrimination
>
>
>
> CENTRAL ADMINISTRATIVE OFFICE
>
> Bureau of Services for Blind Persons
>
> 201 N. Washington, 2nd Floor
>
> P.O. Box 30652
>
> Lansing, MI 48909
>
> Phone (voice): (517) 373-2062
>
> Fax: (517) 335-5140
>
> TTY (517) 373-4025
>
> Toll-Free Numbers:
>
> 1-800-292-4200 (voice, answered in Lansing)
>
> 1-800-323-2535 (voice, answered in Escanaba)
>
> TTY 888-864-1212
>
>
>
> (Request via e-mail)
>
>
>
>
>
> Edward Rodgers, II Director
>
> Mike Pemble, Deputy Director
>
> Sue Luzenski, Admin. Ass.
>
>
>
> All,
>
>
>
> I am writing you today to re-iterate requests for public information in
> accessible format related to the activities of the BSBP, in accordance
> with my known civil rights under the Americans with Disabilities Act of
> 1990, Title II, relevant sections of the Rehabilitation Act of 1973 (which
> creates and funds BSBP, by the way), and the Michigan Persons with
> Disabilities Civil Rights Act.
>
>
>
> I've repeatedly requested timely delivery in accessible format, and in
> deed affirmative action (re: Tyler v. Manhattan) , in delivering
> information related to public meetings of the BSBP "Commission". That
> includes all minutes/transcripts, agendas, and each and every scrap of
> paper sent to the commissioners for these are public records, readily
> available in accessible format, and yet I've not even received the past
> three meeting minutes eeven after numerous requests. Moreover no agenda of
> the last meeting was sent to anyone and it wasn't even posted to BSBP's
> web site. Now, you Mr. Rodgers and others have been informed in writing,
> with regulatory citations and case law relative to your requirements to
> make all meetings of BSBP accessible, including information therein,
> without surcharge or delay. Yet, you haven't even responded to several
> requests for information which is a violation of my civil rights. And
> since you have been informed copiously of these requirements you act
> deliberately in suborning my civil rights as a State actor and thus
> violate knowingly 42USC1983.
>
>
>
> Now, sir I repeat my request for all information sent to the BSBP
> Commissioners immediately including aforementioned minutes, but also
> including any reports, etc.
>
>
>
> I am making these requests of course as a blind citizen. You may send
> these requested documents as either plain text attachments or enclosures
> to my e-mail address listed above.
>
>
>
> Failure to respond and to remit again displays malicious, knowing and
> intentional violations of known civil rights and is actionable under the
> ADA, 504 and 1983.
>
>
>
>
>
> Access to information related to BSBP is a fundamental civil right, indeed
> access for all people with disabilities to all VR programs is a civil
> right. These rights were established under Section 504 of the
> Rehabilitation Act more than forty years ago. They were again
> reestablished under Title II of the ADA now almost 24 years ago. I think
> this is enough time for your agency to come in to compliance. I will no
> longer wait however for my civil rights.
>
>
>
> By the way I'm still awaiting the accessable copy of the consumer
> satisfaction survey that Mr. Pemble outright lied about during the
> December 2013 MCRS meeting. I've requested that as you know and still have
> not received it.
>
>
>
>
>
> Sincerely,
>
>
>
> Paul Joseph Harcz, Jr.
>
>
>
> Cc: Mich. Protection and Advocacy Svs.
>
> Cc: BSBP Commissioners
>
> Cc: RSA
>
> Cc: U.S. Dept. of Justice, Disabilities Rights Section
>
> Cc: MM, MCRS
>
> Cc: BS, MCRS, CAP
>
> Cc: M. Zimmer, DSA/LARA
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> 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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