[nfbmi-talk] Fw: Response to Your 6-4-14 Email Regarding the FOIAResponse to You of April 30, 2014 (Request for Information on Wilson & Elster, Affirmative Action Plan and RSA Reports)
Terry D. Eagle
terrydeagle at yahoo.com
Wed Jun 11 01:56:08 UTC 2014
It certainly sounds like the BS4BP and BADP are proud of aand wear as a
badge of honor that the BS4BP and BADP have hired a few token puppet blind
individuals, totally unqualified and untrained in vocational rehabilitation
and business, with the sole qualification that the token blind puppets are
family, friends, and lovers of sighted management. What a fact to be proud
of: one out of five are blind in an agency that should be meeting the
vocational rehabilitation training and employment dreams and needs of
vocational rehabilitation eligible blind individuals, while 70 percent of
blind persons are unemployed or underemployed, are well and more qualified
than the few at the BS4BP and BADP, and desire to work, desire a career,
and serve their fellow blind persons. Just like the minimum
expectations, standards, and belief BS4BP and BADP management have for the
blind, because sunch is true for themselves as blind persons, pretending to
be sighted, and blind when convenient and beneficial for them, mimimum
hiring of the blind is the standard, fine and acceptable as
business-as-usual.
-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast via nfbmi-talk
Sent: Tuesday, June 10, 2014 9:12 AM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: Response to Your 6-4-14 Email Regarding the
FOIAResponse to You of April 30,2014 (Request for Information on Wilson &
Elster,Affirmative Action Plan and RSA Reports)
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ;
Belknap, Katie (LARA)
Sent: Tuesday, June 10, 2014 9:05 AM
Subject: Response to Your 6-4-14 Email Regarding the FOIA Response to You of
April 30, 2014 (Request for Information on Wilson & Elster, Affirmative
Action Plan and RSA Reports)
June 10, 2014
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: Response to Your Email of 6-4-14 on the 4-30-2014, 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 June 4, 2014, email (which is below) in
which you responded to my April 30, 2014, FOIA Response regarding the
subject above.
Please be advised of the following:
34 C.F.R. 361.19 is entitled "Affirmative Action for Individuals with
Disabilities." It reads,
"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))."
Response - P.J. Harcz, Jr.
June 10 2014
Page 2 of 3
Section 361.19 specifically mentions that the state's "affirmative action to
employ and advance" individuals with disabilities are to comply with Section
503 of the Act.
"The Act" is the Vocational Rehabilitation Act of 1973. In its current form,
Section 503 is found under the citation 29 C.F.R. 793, entitled "Employment
under Federal Contracts." Subpart (a) reads:
"Any contract in excess of $10,000 entered into by any Federal department or
agency for the procurement of personal property and non-personal services
(including construction) 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
with disabilities. The provisions of this section shall apply to any
subcontract in excess of $10,000 entered into by a prime contractor in
carrying out any contract for the procurement of personal property and
non-personal services (including construction) for the United States. The
President shall implement the provisions of this section by promulgating
regulations within ninety days after September 26, 1973."
Therefore, 34 CFR 361.19 essentially states the following:
"The State plan - which is given to the Secretary describing the State's
services for vocational rehabilitation and the policies that will be
followed - 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 - that is, if the contract or subcontract for
Response - P.J. Harcz, Jr.
June 10 2014
Page 3 of 3
employment is (1) entered into with a Federal Department or Agency, (2) is
in excess of $10,000 and (3) is for procurement of personal property or
non-personal services for the United States, the contract should contain a
provision that the party contracting with the United States shall take
affirmative action to employ and advance in employment qualified individuals
with disabilities."
Mr. Harcz, 1.9% of Michigan's population is defined as legally blind. The
Bureau of Services for Blind Persons employs approximately 20% of its
workforce classified as legally blind. Clearly, we are in compliance with
all diversity mandates.
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Bureau of Services for Blind Persons
Attachment: Email Response
cc: Edward F. Rodgers II
Sue Luzenski
Mike Pemble
Katie Belknap
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Wednesday, June 04, 2014 9:05 AM
To: Haynes, Carla (LARA)
Cc: Rodgers, Edward (LARA); Luzenski, Sue (LARA); Pemble, Mike (LARA);
Belknap, Katie (LARA)
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?
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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