[nfbmi-talk] minutes request and more mpas

[joe harcz Comcast]

October 19 2014 MPAS Minutes Timely

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

Re: Minutes and Other Obligations of MPAS

 

 

Elmer Cerano, Executive Director

Michigan Protection & Advocacy Service, Inc.

4095 Legacy Pkwy Ste 500

Lansing, MI 48911-4264

 

Dear Mr. Cerano,

 

I am writing today to request the “proposed” or “draft minutes” of the MPAS Board’s most recent meeting (see OMA after signature line. In case you wish to claim that the Michigan Open Meetings Act or the Michigan FOIA aren’t applicable to your predominately publicly funded agency I note that you’ve been informed of case law in the past which counters that argument. Moreover, as a recipient of federal funds you are obligated to Follow Section 504 of the Rehabilitation Act of 1973 and I point your attention to the general non-discrimination provisions of that civil rights law as well. It is remarkable to me that the “law firm” for people with disabilities and which is charged to enforce our civil rights doesn’t seem to apply them to itself. And let me remind you that MPAS wouldn’t even exist without copious federal funding and mandates like Section 509 of the Rehab Act itself. In short you and MPAS have been discriminating against the very people it is to represent including my person and that needs to end immediately!

 

There are other issues and citations I can send, but these are enough.

 

Now, as a person who is blind and pursuant to other relevant sections of 504 and Title III of the ADA which I’ve sent you I am requesting timely delivery of these minutes in my most effective format which is to have them sent to my e-mail address listed above as either a Word attachment or plain text enclosure.

 

Any delay or obfuscations in this regards or any lack of a response is actionable, so I thank you in advance for a timely, affirmative response.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: NFB MI

Cc: MC, MM, MPAS

Cc: several

 

Attachments:

 

 

 

 

(Minutes section from Michigan Open Meetings Act)

(Act 267 of 1976

)

15.269. Minutes; contents, corrections, open to public inspection

 

Sec. 9. (1) Each public body shall keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a

meeting open to the public, and the purpose or purposes for which a closed session is held. The minutes shall include all roll call votes taken at the

meeting. Corrections in the minutes shall be made not later than the next meeting after the meeting to which the minutes refer. Corrected minutes shall

be available no later than the next subsequent meeting after correction. The corrected minutes shall show both the original entry and the correction.

 

(2) Minutes shall be public records open to public inspection and shall be available at the address designated on posted public notices pursuant to section

4. Copies of the minutes shall be available to the public at the reasonable estimated cost for printing and copying.

 

(3) Proposed minutes shall be available for public inspection not more than 8 business days after the meeting to which the minutes refer. Approved minutes

shall be available for public inspection not later than 5 business days after the meeting at which the minutes are approved by the public body.

 

 

 

 

Also note these requirements under Section 504 which are applicable:

§ 104.4   Discrimination prohibited.

                  (a) General. No qualified handicapped person shall, on the 

basis of handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or activitiy which 

receives Federal financial assistance.

                  (b) Discriminatory actions prohibited. (1) A recipient, in 

providing any aid, benefit, or service, may not, directly or through 

contractual, licensing, or other arrangements, on the basis of handicap:

                  (i) Deny a qualified handicapped person the opportunity to 

participate in or benefit from the aid, benefit, or service;

                  (ii) Afford a qualified handicapped person an opportunity to 

participate in or benefit from the aid, benefit, or service that is not equal to 

that afforded others;

                  (iii) Provide a qualified handicapped person with an aid, 

benefit, or service that is not as effective as that provided to others;

                  (iv) Provide different or separate aid, benefits, or services 

to handicapped persons or to any class of handicapped persons unless such action 

is necessary to provide qualified handicapped persons with aid, benefits, or 

services that are as effective as those provided to others;

                  (v) Aid or perpetuate discrimination against a qualified 

handicapped person by providing significant assistance to an agency, 

organization, or person that discriminates on the basis of handicap in providing 

any aid, benefit, or service to beneficiaries of the recipients program or 

activity;

                  (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

                  (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service.

                  (2) For purposes of this part, aids, benefits, and services, 

to be equally effective, are not required to produce the identical result or 

level of achievement for handicapped and nonhandicapped persons, but must afford 

handicapped persons equal opportunity to obtain the same result, to gain the 

same benefit, or to reach the same level of achievement, in the most integrated 

setting appropriate to the person's needs.

                  (3) Despite the existence of separate or different aid, 

benefits, or services provided in accordance with this part, a recipient may not 

deny a qualified handicapped person the opportunity to participate in such aid, 

benefits, or services that are not separate or different.

                  (4) A recipient may not, directly or through contractual or 

other arrangements, utilize criteria or methods of administration (i) that have 

the effect of subjecting qualified handicapped persons to discrimination on the 

basis of handicap, (ii) that have the purpose or effect of defeating or 

substantially impairing accomplishment of the objectives of the recipient's 

program or activity with respect to handicapped persons, or (iii) that 

perpetuate the discrimination of another recipient if both recipients are 

subject to common administrative control or are agencies of the same State.

                  (5) In determining the site or location of a facility, an 

applicant for assistance or a recipient may not make selections (i) that have 

the effect of excluding handicapped persons from, denying them the benefits of, 

or otherwise subjecting them to discrimination under any program or activity 

that receives Federal financial assistance or (ii) that have the purpose or 

effect of defeating or substantially impairing the accomplishment of the 

objectives of the program or activity with respect to handicapped persons.

                  (6) As used in this section, the aid, benefit, or service 

provided under a program or activity receiving Federal financial assistance 

includes any aid, benefit, or service provided in or through a facility that has 

been constructed, expanded, altered, leased or rented, or otherwise acquired, in 

whole or in part, with Federal financial assistance.

                  (c) Aid, benefits or services limited by Federal law.  The 

exclusion of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to handicapped persons or the exclusion of a 

specific class of handicapped persons from aid, benefits, or services limited by 

Federal statute or executive order to a different class of handicapped persons 

is not prohibited by this part.