[nfbmi-talk] Fw: FOIA Response to Request for Information on BSBP Commission/Advisory Board

Tue Mar 11 22:59:01 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: Tuesday, March 11, 2014 6:54 PM
Subject: Re: FOIA Response to Request for Information on BSBP Commission/Advisory Board

Ms. Haynes,

Answerring just some of this i must say this is incredable for you have been submitted years ago therequirements under the Michigan Open Meetings Act, th FOIA and let alone the requirements of the ADA, and 504 and Title I requirements of the Rehab Act to remit in real time and without charge, let alone surcharge any information related to public meetings, including information therein relative to a federally funded rehab program such as BSBP and all associated documents.

Yet you insist on asking for information belated as is like simple meeting minutes and transcripts already paid for at the public expense and already accessable let alone other documents sent in accessable format to the "blind commission". This is ludicrous and is discriminatory on its face and actionable as a pattern and practice of abuse of the Rehabilitation Act which I've sent you and your minions in toto. Thus violations are knowing, wilful and actionable under Section 1983 of federal law (look it up madame). In short it means you as a state actor along with your coerts in LARA have perniciously, with malice of forethought and in coconspiracy have deprived me of knwon civil rights even after you were informed of them.

Now to again request payment for simmple and belated minutes of a public meeting, or indeed several of them as you do in this very correspondence is testament, written evidence and an escerbating and most transparent violation of known civil rights.

It is as simple as that and you and your bosses know it.

It is ludicrous. It is nuts. It is a violation of law and equity. And it shows a pattern and practice of violating the rights of this blind person by a federally funded entity which is supposd to be the first to accommodate us under federal civil rights laws as again sent to you prior to this notice.

Now it is time to remit once again everything without pernicious and obbvious obfiscations or you madame will be suedd for your pernicious behavior and for damages as a state actor who has deprived me of kwnown civil rights and as a serial civil rights violator.
  ----- Original Message ----- 
  From: Haynes, Carla (LARA) 
  To: joe harcz Comcast 
  Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) 
  Sent: Friday, March 07, 2014 5:10 PM
  Subject: FOIA Response to Request for Information on BSBP Commission/Advisory Board

  March 7, 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 BSBP Commission Information

  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. of which on February 21, 2014, an extension was taken to March 10, 2014, on the portion of your request for information regarding the BSBP Commission/Advisory Board.

  You have requested information as described in your email which is included below.

  In my previous response to you on February 21, 2014, I indicated that the available BSBP Commission for Blind Persons Transcripts/Minutes and Agendas are available on our website at www.michigan.gov.  As of this writing, all approved transcripts/minutes and agendas are available on this website.  Also, 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.  Do you still wish to request this information as a FOIA request?

  FOIA Response - P.J. Harcz, Jr.

  March 7, 2014

  Page 2 of 3

  In regards to your request for "each and every scrap of paper sent to the commissioners", an extension was taken and your request is partially granted and partially denied.  In my February 21, 2014, response, you received two reports presented at the BSBP Commission/Advisory Meeting of February 7, 2014, for no charge.  The actual cost of producing these reports was $7.84 ($31.37- the hourly wage plus fringe benefits of the Department's lowest paid employee capable of processing this request times ¼ of an hour = $7.84).  As this amount is below the Department threshold of $25.00 for charging costs involved in complying with a FOIA request, this fee was waived.

  Your request for any other information that you described as "each and every scrap of paper sent to the commissioners", is denied under the FOIA MCL 15.233, Section 3(1) as it is not described sufficiently enough to enable us to identify the requested material.

  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 

  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: 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