[nfbmi-talk] simply insane and self contradictory on numerous levels

[joe harcz Comcast]

MCRS REQUEST FOR A RESPONSE FROM PUBLIC COMMENT RECEIVED IN DECEMBER 2013 AND/OR FEBRUARY 2014

 

March 5, 2014

 

RESPONSE RECEIVED FROM:

BUREAU OF SERVICES FOR BLIND PERSONS (BSBP) WITH THE DEPARTMENT OF LICENING AND REGULATORY AUTHORITY (LARA)

Edward Rodgers

 

Please note that 3 blind employees of BSBP are working on an inner-departmental taskforce with DTMB on providing accessible web pages for Michigan’s blind citizens on the state webpages.  This cooperative committee has already held several productive meetings and is creating a list of priority projects to guarantee that Michigan’s blind community can access all state webpages.  

 

>From the December 2013 MCRS Business Meeting

1.   Practice of providing an accessible customer application for services 

Answer:  It is standard practice for BSBP to provide applications in Braille, large print and electronically for clients who request this accommodation.  It is my understanding that Mr. Harcz received both an electronic copy of our application and a print copy.

 

2.   The Michigan Administrative Hearings System (MAHS) practice of providing accessible materials 

Answer:  MAHS and BSBP in December formed a joint employee committee to resolve the issues of accessible materials in MAHS hearings.  The committee is finalizing a process whereby individuals who request MAHS hearing materials in an alternative format from the original Notice of Hearing will be accommodated with those materials in a format that is accessible to them.  This process will require the individual to request the accommodation, due to the fact that MAHS does not know which individuals are blind or low vision initially.  In addition, MAHS’ Judges have a standard practice of guaranteeing that all facets of the hearing process are accessible through the use of equipment, readers and other necessary tools to make the hearing process accessible and fair.  Individuals, for example, who wish a record of their hearing can request a tape recording in most hearing settings rather than a traditional transcript.  

 

3.   Practice of providing materials in an accessible format 

Answer: It is standard practice for BSBP to provide materials in large print and/or Braille.  Further, materials are provided in electronic format for individuals who use accessible equipment in reading electronic documents.  The comments made by members of the public during the recent MCRS meetings are factually incorrect.  In particular, Mr. Joe Harcz complained about the FOIA process.  Mr. Harcz is of the legal opinion that he is entitled to all public records free of charge regardless of the Freedom of Information Act (FOIA) standards.  

 

Mr. Harcz has raised this issue on many occasions and he has been notified of the following on many occasions, “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.”  

 

Since January, 2013 Mr. Harcz has written 98 emails requesting public documents.  In addition he has formally filed 24 “official FOIA requests”.  On several occasions due to the fact that the information he requested was readily available we have waived fees under FOIA.  However, unfortunately most of Mr. Harcz “information request” are not simple and are very time consuming for staff.  For example he requested “copies of all position descriptions of every employee in BSBP”.  Our FOIA coordinator estimated this project would take a minimum of 20 work hours to complete.  Position descriptions contain information that must be reviewed and, in some instances redacted to remove information that compromises confidentiality.  With few rare exceptions Mr. Harcz has been provided with an estimate of the cost of receiving the public records he has requested.  To date, it is my understanding Mr. Harcz has refused to pay any of the costs of searching, and compiling the information he is requesting.  Naturally, putting the information in an accessible format would be cost free.  

 

4.   Customer Satisfaction Survey process, implementation and outcome 

Answer:  BSBP is in the process of completing our consumer satisfaction survey.  The outcomes are being tabulated and a plan will be developed to implement changes based on those outcomes.  Until this process is complete we are unable to provide Mr. Harcz with a copy of that data.  The survey was random in nature, and focused on recent clients of the agency.  It is my understanding that Mr. Harcz is not a client of the agency.  

 

>From the MCRS Meeting - February 2014 

 1.  Practice of providing materials in an accessible format

 Answer:  Practice of providing materials in an accessible format – it is standard   

 practice for BSBP to provide documents in Braille, large print or electronic format 

 when consumers have requested that accommodation.

 

 2.   Hiring Process for Student Interns 

Answer:  BSBP consistent with all Bureaus in state government follows Civil Service and departmental rules and guidelines concerning the hiring of student assistants.  Student assistants are hired based on the fact that they are currently enrolled in a college or university; are successful in the interview process; and are capable of performing the various tasks of a student assistant.  

 

MCRS FEBRUARY 2014 RESPONSE REQUESTED FROM:

CLIENT ASSISTANCE PROGRAM 

Brian Sabourin, Director, Employment Advocacy Services

 

Thank you for your request of information regarding the Client Assistance Program (CAP) and our intake process, determining legal representation, and our tracking system.  

 

As you are aware, CAP is a federally mandated program that provides information and assistance to individuals seeking or receiving vocational rehabilitation services under the Rehabilitation Act.  Individuals may call our Information and Referral Service (I & R) when they have a rights or advocacy questions related to their disability.  When appropriate, I & R advocates will provide information, referrals, or short-term technical assistance.

 

Should additional assistance be needed, an individual may to be referred to a CAP advocate and/or a legal representative if the issue has sound legal merit and is consistent with legal ethical standards.

 

In regards to our tracking system for cases, all cases are kept confidential in a computer data system.  All case information is confidential and permission must be provided by an individual to discuss any situation that may pertain to the individual’s case.