[nfbmi-talk] Fw: FOIA Response to Your Email of April 25, 2014 on Wilson-Elster Info, Affirmative Action Plan & RSA Reports
joe harcz Comcast via nfbmi-talk
nfbmi-talk at nfbnet.org
Wed Jun 4 13:06:53 UTC 2014
----- Original Message -----
From: joe harcz Comcast
To: Haynes, Carla (LARA)
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA)
Sent: Wednesday, June 04, 2014 9:04 AM
Subject: Re: FOIA Response to Your Email of April 25, 2014 on Wilson-Elster Info, Affirmative Action Plan & RSA Reports
Dear Ms. Hanes et al,
Please note the following requirments for BSBP from the Vocational Rehabilitation Act rules. And note that not one single person hired or designated as a "student assistant" by BSBP has been blind or otherwise disabled.
Citation:
Sec. 361.19 Affirmative action for individuals with disabilities.
The State plan must assure that the State agency takes affirmative
action to employ and advance in employment qualified individuals with
disabilities covered under and on the same terms and conditions as
stated in section 503 of the Act.
(Authority: Section 101(a)(6)(B) of the Act; 29 U.S.C. 721(a)(6)(B))
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA)
Sent: Wednesday, April 30, 2014 4:48 PM
Subject: FOIA Response to Your Email of April 25, 2014 on Wilson-Elster Info, Affirmative Action Plan & RSA Reports
April 30, 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 L. Wilson & L. Elster, Affirmative Action Plan and RSA Reports
Dear Mr. Harcz, Jr.:
Previously on March 11, 2014, you requested under the Freedom of Information Act (FOIA), information described in your email as: "Regardless I'm requesting the federal funds expended for the hiring of Ms. Lindsey Wilson and Ms. Lauren Elster you have expended for their jobs sir and what V.R. tasks they do on behalf of V.R. of the blind in Michigan." You do not ask for the salaries of Ms. Elster and Ms. Wilson.
Please be advised that Ms. Wilson no longer is employed by the Bureau of Services for Blind Persons (BSBP). At the time of her employment she received $15.03 per hour only for the hours she worked. She received no benefits. Student Assistants are not full-time employees entitled to benefits.
Presently Ms. Elster is currently earning $15.03 per hour for the hours she works. She does not receive benefits.
Previously, you requested information described as: "Moreover, I am requesting your (BSBPs/LARAs) affirmative action plan under Section 503 as required by the above referenced, legal and regulatory requirements."
Section 503 of the Rehabilitation Act of 1973, as amended, states, "Any contract in excess of $10,000 entered into by any Federal department or
FOIA Response - P.J. Harcz, Jr.
April 30, 2014
Page 2 of 3
agency for the procurement of personal property and nonpersonal services for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals." 29 USC § 793 (1993). This section was incorrectly cited. It does not apply to the Michigan Bureau of Services for Blind Persons, as the Bureau is not a Federal department or agency. Furthermore, it does not require an affirmative action plan. Rather, it mandates that contracts for personal or nonpersonal property in excess of $10,000 entered into by Federal departments or agencies, which this Bureau is not, include a provision requiring the contractor to take affirmative action. It does not require the installation of a Bureau sponsored affirmative action program, as the FOIA request suggests.
You did not previously request our "affirmative action program". BSBP has worked diligently to provide employment for members of the blind community. Presently 20% of BSBP's employees are legally blind. In summary, we previously did answer your questions on the student assistant and affirmative action plan, however, your April 25 (Friday), 2014, email sent at 10:28 PM is incorrect. We did respond to your two requests as indicated above.
You have requested information in your April 25, 2014, email which you describe as: "Moreover when it comes to the RSA 15 and 911 reports I did not ask for an out of date RSA web site but, rather for BSBP's submission in my most accessible format and in a timely manner, without surcharge in compliance with the ADA and 504."
Please be advised that the RSA 911 report is a "text file" which contains only numbers. This file is transmitted to RSA based on closures. If you wish to have us to attempt to produce this file, we estimate the cost for this will be $104.70 (see attached invoice) to process this request. This will require a deposit of $52.35 in advance of this project being completed.
FOIA Response - P.J. Harcz, Jr.
April 30, 2014
Page 3 of 3
Upon receipt of your deposit, we will transfer this data into a complete document. Then we will send you a readable document.
Please be advised that the RSA 15 is submitted to RSA in their format. Once they approve the report, it will be placed on the RSA webpage. Therefore, your request is granted and the information will be available on the RSA webpage.
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
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: March 11, 2014
TYPE OF REQUEST: Email
REQUEST PARTIALLY DENIED: Yes
EXEMPT INFORMATION WITHHELD/REDACTED: To be determined
EXTENDED RESPONSE NOTICE ISSUED: No
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:
"Moreover when it comes to the RSA 15 and 911 reports I did not ask for an out of date RSA web site but, rather for BSBP's submission in my most accessible format and in a timely manner, without surcharge in compliance with the ADA and 504."
INVOICE CALCULATIONS
LABOR
Locating and Duplicating Cost:
Number of Hours: 1 hrs. x Hourly Rate (of the Departmental Analyst required to retrieve the report): $54.37 = Amount: $54.37
Examining and Extracting Cost:
Number of Hours: 1 hrs. x Hourly Rate (of the Departmental Analyst required to retrieve the report): $50.33 = Amount: $50.33
TOTAL LABOR: $104.70
POSTAGE (estimate): To be determined based on the amount of information
DUPLICATING: Number of Pages (0) times Copying Rate of $0
OTHER (overtime, audio tapes, discs, photos, security, etc.): $0
SUBTOTAL: $104.70
Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1):
INVOICE TOTAL: $104.70
DEPOSIT* $52.35
TO BE PAID*: $52.35
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: Friday, April 25, 2014 10:28 PM
To: Haynes, Carla (LARA)
Cc: Rodgers, Edward (LARA); Christyne.Cavataio at ed.gov; BRIAN
SABOURIN; Marlene Malloy MCRS Dir.; nfbmi-talk at nfbnet.org;
MARK MCWILLIAMS MPAS; Elmer Cerano MPAS; MARK CODY; Joe
Sibley MCBVI Pres.; commissioner-hudson at outlook.com;
BSBPcommissioners
Subject: non responsive
This is non-responsive.
I requested the salaries of Ms. Elster and Ms. Wilson respectively. These were not forthcoming or answered.
Moreover I requested the Section 503 of the Rehabilitation Act affirmative action program which is federally required and not the ersatz, state rights, bogus affirmative action program.
Moreover when it comes to the RSA 15 and 911 reports I did not ask for an out of date RSA web site but, rather for BSBP's submission in my most accessible format and in a timely manner, without surcharge in compliance with the ADA and 504.
To wit send me these things once again without obfuscation or without invocation of state rights over federally prescribed civil rights laws as
you've been notified of over and over again.
And send them to me as plain text attachments and/or Word attachments to my e-mail address.
This isn't difficult for a federally funded organization supposedly for the blind by all the RSA millions is it?
April 14, 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 L. Wilson & L. Elster, Affirmative Action Plan and RSA Reports
Dear Mr. Harcz, Jr.:
This email is in response to your March 25, 2014, email request for information, received by this office on March 26, 2014, of which an extension was taken to April 11, 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 also is included below.
"Regardless I'm requesting the federal funds expended for the hiring of Ms. Lindsay Wilson and Ms. Lauren Elster you have expended for their jobs sir and just what V.R. tasks they do on behalf of V.R. of the blind in Michigan.
Moreover, I am requesting your (BSBps/LARAs) affirmative action plan under Section 503 as required by the above referenced, legal and
regulatory requirements.
Also, I am requesting in accessible format and also to be posted forthwith to the BSBP web site all financial and other reports that are required to be sent to RSA. That includes in part all RSA 15 reports, all RSA (CSR 911) reports, and all reports relative to the implementation of the State Plan including all standards and indicators."
FOIA Response - P.J. Harcz, Jr.
April 14, 2014
Page 2 of 2
In regards to your request for information regarding Ms. Lindsay Wilson and Ms. Lauren Elster, your request is partially granted and partially denied. As to the granted portion, the job specifications and pay range for the State of Michigan Student Assistant classification is available online at www.michigan.gov/mdcs, then Job Specifications/Pay, Student Assistant. I have also attached a copy of the LARA General Policy, Student Assistant Program. In regards to the denied portion of your request, under the FOIA, MCL 15.233, Section 3(5), does not require a public body to create a new record. To the best of my knowledge, information or belief, we do not have documents in our possession responsive to your request.
In regards to your request for information regarding "your (BSBps/LARAs) affirmative action plan under Section 503 as required by the above referenced, legal and regulatory requirements", your request is granted as to documents pertaining to this request. I have attached the LARA General Policy, Equal Employment Opportunity.
In regards to your request for "all financial and other reports that are required to be sent to RSA. That includes in part all RSA 15 reports, all RSA (CSR 911) reports, and all reports relative to the implementation of the State Plan including all standards and indicators", these reports are available on the web at www.rsa.ed.gov/, then select Michigan, then Reports and More RSA Programs (note that depending on which fiscal year you are searching for, the report may be either under Michigan Licensing and Regulatory Affairs (MLRA) or Michigan Commission for the Blind).
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
FOIA Response - P.J. Harcz, Jr.
April 14, 2014
Page 2 of 2
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
cc: Edward F. Rodgers II
Sue Luzenski
Mike Pemble
Katie Belknap
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Tuesday, March 25, 2014 12:28 PM
To: Rodgers, Edward (LARA)
Cc: Elmer Cerano MPAS; MARK MCWILLIAMS MPAS;
Christyne.Cavataio at ed.gov
Subject: Fw: section 503 and more
I've not recieved even a response to this request for information let alone
the information which is a violation of the ADA and Section 504 of
theRehabilitation Act in and of itself.
Sincerely,
Paul Joseph Harcz, Jr.
----- Original Message -----
From: joe harcz Comcast
To: Ed Rodgers BSBP Dir.
Cc: nfbmi-talk at nfbnet.org ; Zimmer, Mike (LARA) ; Steve Arwood LARA
Dep ;
Christyne.Cavataio at ed.gov ; Marlene Malloy MCRS Dir. ; valarie Barnum
Yarger MISILC ; BRIAN SABOURIN ; Elmer Cerano MPAS ; MARK CODY
; MARK MCWILLIAMS MPAS ; Sally Conway USDOJ
Sent: Tuesday, March 11, 2014 2:44 PM
Subject: section 503 and more
March 11 2014 to Rodgers vis a vis Section 503 and More
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net
810-516-5262
To:
Edward Rodgers,. LARA, Bureau of Services to Blind Persons (BSBP)
Via e-mail..
Sir,
Let me point your attention to the following requirement for affirmative action in the hiring of people with disabilities under Section 503 of the Rehabilitation Act of 1973 as amended: "From Title I (VR) regulations....individuals with disabilities.
The State plan must assure that the State agency takes affirmative action to employ and advance in employment qualified individuals with disabilities covered under and on the same terms and conditions as stated in section 503 of the Act.
(Authority: Section 101(a)(6)(B) of the Act; 29 U.S.C. 721(a)(6)(B))
"
Let me also note for the record that you and BSBP have not followed this in the hiring, of people who are blind or otherwise disabled in its own practices sir. To wit: you and your minions in LARA have hired dozens upon dozens of "student assistants" and others since you took over BSBP and not one. I repeat not one is a person with significant disabilities let alone others hired for various projects that are not V.R. related like those non-disabled, non-blind law clerks you've hired with federal V.R. funds to do Lord knows what?
Regardless I'm requesting the federal funds expended for the hiring of Ms. Lindsay Wilson and Ms. Lauren Elster you have expended for their jobs sir and just what V.R. tasks they do on behalf of V.R. of the blind in Michigan.
Moreover, I am requesting your (BSBps/LARAs) affirmative action plan under Section 503 as required by the above referenced, legal and
regulatory requirements.
In short you sir are running a V.R. entity to employ the blind and you must have under Federal law (again citation above) the affirmative action requirements for doing so within your own entity.
Furthermore I'm requesting this information in accessible format pursuant to obligations under Section 504, the ADA and other federal civil rights laws in my most accessible format and without surcharge, and without you continually abusing state law (FOIA) to exact a surcharge or illegally and in demonstrable discriminatory fashion otherwise, obfuscate obligations under the ruse of the FOIA. Sir, these documents and information requested are already required to be made public, for free and in accessible format to me and thee and the proverbial man behind the tree. I simply again request that all requested information is posted to LARA's/BSBP's web site and sent to me as either plain text/and/or Word attachments to my e-mail adress as you know.Or better all of the above..
These are clearly federalism issues. But state laws or their abuse never trump federal law and most especially in federally funded programs for people with disabilities which wouldn't exist without the laws or the funding to begin with.
You and the legal obfuscators and abusers within this state can obfuscate
and in Orwellian fashion abuse all you wish. But if you don't remit
accessible documents related to these activities there will be a legal
reckoning.
Better to remit them now than to face Section 1983 actions including those against you personally for your documented civil rights abuses with knoledge and forethought don't you think?
Also, I am requesting in accessable format and also to be posted forthwith to the BSBP web site all financial and other reports that are required to be sent to RSA. That includes in part all RSA 15 reports, all RSA (CSR 911) reports, and all reports relative to the implementation of the State Plan including all standards and indicators.
Do it sir. Now, if not yesterday.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: RSA
Cc: MCRS
Cc: NFB MI
Cc: several media
Cc: State Rep. Pam Faris
Cc: DSA J. Michael Zimmer, Steve Arwood
Cc: Sharon Ellis, State of Michigan ADA Compliance Officer?
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