[nfbmi-talk] Fw: FOIA Response to Request for Information on the RSA 15 Report
joe harcz Comcast
joeharcz at comcast.net
Thu Jun 19 15:50:29 UTC 2014
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Zanger, Connie (LARA)
Sent: Thursday, June 19, 2014 11:41 AM
Subject: FOIA Response to Request for Information on the RSA 15 Report
June 19, 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 Two Requests for Information on RSA 15 Report
Dear Mr. Harcz, Jr.:
This email is in response to your June 9 & 18, 2014, email requests for information, received by this office on June 10 & 19, 2014, respectively. Please be advised that the Bureau of Services for Blind Persons (BSBP) is processing these requests under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.
You have requested information as described in your emails (which are also below) as:
"All employees must be documented in the RSA 15. So I'm again requesting those required federal reporting documents and they had better be accurate or then BSBP would be guilty of making false statements and indeed false claimes to an agency of the United States government which does create and fund BSBP to begin with." And "On several occasions I have requested in writing and verbally all RSA 15 reports conducted by BSBP since its creation (October 1, 2012). Several others including operators have requested similar data and required reports."
First, in regards to your statement: "All employees must be documented in the RSA 15. So I'm again requesting those required federal reporting documents and they had better be accurate or then BSBP would be guilty of making false statements and indeed false claimes to an agency of the
FOIA Response - P.J. Harcz, Jr.
June 19, 2014
Page 2 of 2
United States government which does create and fund BSBP to begin with", your request is denied. To the best of my knowledge, information or belief, no documentation exists pertinent to your request. Operators in the Business Enterprise Program (BEP) are not required to provide specific employee information. The Rehabilitation Services Administration (RSA) does not require this information.
Second, in regards to your request regarding a copy of the RSA 15 Report, your request is granted as to existing, nonexempt information responsive to your request. This report is available on-line at https://rsa.ed.gov/view.cfm?rsaform=RSA-15&state=Michigan&grant=RANDS12PMI
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
Attachments - 2: Email Requests for Information
cc: Edward F. Rodgers II, Sue Luzenski, Mike Pemble, Katie Belknap
Constance Zanger, James Hull
From: joe harcz Comcast <joeharcz at comcast.net>
Sent: Monday, June 09, 2014 6:19 PM
To: Haynes, Carla (LARA)
Cc: Rodgers, Edward (LARA); Luzenski, Sue (LARA); Pemble, Mike (LARA);
Belknap, Katie (LARA); Essenberg, Rob (LARA); Zanger, Connie (LARA); Hull,
James (LARA)
Subject: Re: FOIA Response to Request for Information on Anderson Building - Petrilli
All employees must be documented in the RSA 15. So I'm again requesting those required federal reporting documents and they had better be accurate or then BSBP would be guilty of making false statements and indeed false claimes to an agency of the United States government which does create and fund BSBP to begin with.
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) ;
Essenberg, Rob (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA)
Sent: Monday, June 09, 2014 5:12 PM
Subject: FOIA Response to Request for Information on Anderson Building - Petrilli
June 9, 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 Anderson Bldg. -
Petrilli
Dear Mr. Harcz, Jr.:
This email is in response to your May 30, 2014, email request for
information, received by this office on June 2, 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 also
below) as:
"Regardless I am again requesting from you all the temporary operator
agreement for this BEP location with its terms and conditions...Moreover,
I am again requesting the names, salaries and positions of just who in the
heck is working at "Cora's Café". Finally, as Mr. Rodgers himself stated in
a recent press story the he thought, "four of the seven employees were
blind" I wish to have those blind employees identified for the record."
In regards to your request for the temporary operator agreement for Cora's
Café, your request is denied. To the best of my knowledge, information or
belief, this documentation does not currently exist pertaining to your
request. When such documentation does exist, we would be able to send
you a copy.
FOIA Response - P.J. Harcz, Jr.
June 6, 2014
Page 2 of 2
In regards to your request for names, salaries and positions of just who is
working at "Cora's Café", Ms. Constance Zanger (in her May 30, 2014,
email to you which is attached) indicated that Mr. Robert Essenberg and
Ms. Amanda Newman are Business Assistance and Development
Program (BADP) employees under BSBP and the only staff persons of
which we would have any information on names, salaries and positions.
In regards to your request to identify those employees who are blind, your
request is denied. To the best of my knowledge, information or belief, no
such document exists that is pertinent to your request.
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 FOIA
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
cc: Edward F. Rodgers II, Sue Luzenski
Mike Pemble, Katie Belknap
Rob Essenberg. Constance Zanger, James Hull
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, May 30, 2014 9:57 AM
To: Rodgers, Edward (LARA)
Cc: Luzenski, Sue (LARA); Zanger, Connie (LARA); nfbmi-
talk at nfbnet.org; Christyne.Cavataio at ed.gov;
Marlene Malloy MCRS Dir.; BRIAN SABOURIN
Subject: more anderson questions petrilli
May 30 2014 Petrilli Questions
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
810-516-5262
joeharcz at comcast.net
To: Edward Rodgers, Director Mich. Bureau Services to Blind Persons
(Designated State Unit)
Michael Zimmer, LARA, DSA
Dear Mr. Rodgers and Mr. Zimmer,
I am writing today to inquire about the vendor payment to one Cathy Petrilli
from the DTMB web site (note after my signature line for your
convenience). I assume this payment was made for initial stock and
inventory at the new "Cora's Café) which is supposed to be a mandated
facility for a blind BEP operator under Public Act 260. I assume that Ms.
Petrilli is the so-called temporary operator that Ms. Constance Zanger
alluded to in her rather vague (no names) response to basic information
about this facility sent to me recently.
Regardless I am again requesting from you all the temporary operator
agreement for this BEP location with its terms and conditions.
Moreover, I am compelled to point out that Ms. Petrilli is sighted and has a
history of violating program rules in the past. (Not that that makes a
difference to BSBP as it has done so over and over again along with stark
and chronic violations of the Rehabilitation Act of 1973 and Public Act
260.)
Moreover, I am again requesting the names, salaries and positions of just
who in the heck is working at "Cora's Café". Finally, as Mr. Rodgers
himself stated in a recent press story the he thought, "four of the seven
employees were blind" I wish to have those blind employees identified for
the record.
You may simply respond via conventional e-mail to this request.
Thanks as always for your prompt and accessible response, in a timely
manner.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: NFB MI
Cc: RSA
Cc: several state reps
Cc: MCRS
Cc: several media
Cc: MPAS
Cc: BSBP Commissioners
Cc: C. Zanger. BSBP BEP
Cc: EOC
Cc: S. Luzenski, BSBP Admin. Asst.
Attachment:
Source:
http://media.state.mi.us/MiTransparency/Vendor/Warrants?y=2014&v=CA
THY%20PETRILLI
&a=641&g=Contractual%20Services%20Supplies%20and%20Materials&
Column=WarrantDate
&Direction=Descending
Payments to CATHY PETRILLI by LICENSING AND REGULATORY
AFFAIRS for fiscal
year 2014
Table with 4 columns and 2 rows
Agency Name
Category Description
Warrant Date
Payments Total
LICENSING AND REGULATORY AFFAIRS
Contractual Services Supplies and Materials
5/15/2014
$2,250.00
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
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Wednesday, June 18, 2014 11:19 AM
To: Rodgers, Edward (LARA)
Cc: Mike Pemble BSBP Dep. Dir.; Zanger, Connie (LARA); Luzenski, Sue (LARA); BRIAN SABOURIN;
Marlene Malloy MCRS Dir.; Christyne.Cavataio at ed.gov; BSBPcommissioners; Joe Sibley MCBVI Pres.;
Gary Gaynor; commissioner-hudson at outlook.com; James Chaney EOC; Lamb, Elden (OAG)
Subject: rsa 15 again
June 18 2014 RSA 15 Request Again
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net
810-516-5262
To:
Edward Rodgers, Director
Mich. Bureau Services for Blind Persons
Mike Pemble, Deputy Director
Constance Zanger, BSBP BEP
All,
On several occasions I have requested in writing and verbally all RSA 15 reports conducted by BSBP since its creation (October 1, 2012). Several others including operators have requested similar data and required reports.
Yet, they have not been forthcoming.
This is a gross violation of every principle of accountability.
Now for your convenience in case you don't know what an RSA 15 is I've attached a copy of an old MCB RSA 15 for your convenience.
Now I expect that you remit requested information in a timely and accessible manner. My most effective format is to receive these reports as either Word attachments or plain text enclosures to my e-mail address listed above.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: RSA
Cc: MCRS
Cc: BSBP Commission
Cc: BEP EOC
Cc: NFB MI
Attachment: (see attached file) - NOTE: The remaining portion of this report is included in the attached file due to the size as our email system allows only a certain amount of data to be sent.
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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