[nfbmi-talk] Fw: FOIA Response to Request for Information on Wilson-Elster, Affirmative Action Plan & RSA Reports

Fri Mar 28 15:19:45 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) 
Sent: Friday, March 28, 2014 10:30 AM
Subject: FOIA Response to Request for Information on Wilson-Elster, Affirmative Action Plan & RSA Reports

March 28, 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.  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.

March 28, 2014

Page 2 of 2

In order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your request, a search must be undertaken.  For this reason, it is necessary to extend the time for response, as permitted by Section 5(2)(d) of the FOIA, through April 11, 2014, for your request.

If it is determined that there is a cost involved in the processing of this request, you will be sent an email which will include an invoice outlining 

that cost (before or no later than April 11, 2014).  This email may either request a deposit (if the cost is over $50.00) or request payment of the total cost if the amount is under $50.00.

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

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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