[nfbmi-talk] request timely information mpas

[joe harcz Comcast]

October 19 2014 to MPAS Policies and Procedures for Effective Communications

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

 

Elmer Cerano, executive Director

Mich. Protection and Advocacy Services, Inc.

(Via e-mail)

 

Dear Mr. Cerano,

 

 

I point your attention to the following segment from MPAS’ February 25, 2014 Board meeting:

 

 

“President’s Report

Ms. Wolters asked Mr. Cerano to report on the Proposed Policy Guidance Related to Availability of MPAS Public Information.  Mr. Cerano reported that we have had a consumer requesting volumes of agency information, both public and private.  Information has been sent to him via e-mail and has also been posted on the website. It appears some documents were unable to be opened by the individual.  

 

After discussion with agency staff, Mark XXX and Mark XXXX regarding this type or request, they suggested that the agency have a board policy that clarifies what should be disclosed.

 

Elmer reviewed the proposed language (see handout).

 

Kate Wolters asked if we should reference FOIA if we are not subject to FOIA.  

Tom Landry asked what the definition of large is and that it needs to be quantified. 

 

Mark Lezotee suggested a policy stating that public documents will be posted on the website and when individuals ask for them we provide them with assistance in directing them to the website to get what they need. If and only if they cannot get the documents off the web, we will investigate alternative ways to make the documents accessible. 

 

Kate Wolters asked if the board would be willing to approve a concept. Mark Lezotte asked that staff come up with a concept. Elmer Cerano will work with Mark XXX.

 

MOTION BY Tom Landry TO HAVE THE EXECUTIVE COMMITTEE REVIEW THE PROPOSAL AND APPROVE. SECOND BY MARK LEZOTTE.

 

Ron Bush asked why we should let the Executive Committee vote on this policy as opposed to bringing it back to the next board meeting and if there is a sense of urgency? Elmer Cerano stated to it would help us with the individual’s request we are working on and getting the information together. The advice we got from our attorneys is to do it prospective not retrospective.  We will respond to the current request.

MOTION PASSED UNANIMOUSLY.

 

Elmer Cerano distributed a revised board conflict of interest statement. Mr. Cerano stated that conflicts of interests are inevitable.  When you have board members that are involved with issues you are going to have issues that may create a conflict of interest, which is okay as long as it is divulged. The change is conflicts that are real, perceived or potential. 

Elmer asked board to review and complete the form. 



Kate Wolters asked if that would include if you are a business owner and MPAS may purchase services or goods. Elmer stated it may be but as long as it is divulged and documented.”

 

 

Now before I comment more fully I am reiterating my request for accessible conflict of interest statements mentioned herein and the “handout referenced. Moreover, MPAS is a federally funded entity and is obligated to follow the “auxiliary aids and services” requirements of Section 504 of the Rehabilitation Act of 1973, and of the effective communications requirements of Title III of the ADA. In addition it is to give primary consideration to the requestor and to act affirmatively in these regards. I’ve sent you and many staff members notice of these long standing obligations and case law. Mr. Cerano, 504 is forty years old and the ADA is nearly 25 years old and MPAS is supposed to know and implement these civil rights laws in its activities! I demand that you do so sir!

 

Moreover, the comment made above that the FOIA doesn’t apply is inaccurate as you know for I’ve sent you and staff case law in those regards as well as statute. But regardless again Section 504 and the ADA are at play here.

 

Now how in the world can MPAS represent particularly people who are blind on these issues if it violates as it does our known civil rights itself in its practices?

 

So it is long since time to remedy this situation and to remit timely and accessible information to me and to others not only upon request such as now, but affirmatively especially when it relates to information related to board meetings such as these requested items.

 

Thank you for your prompt and accessible response.

 

Sincerely,

 

Paul Joseph Harcz.

Cc: NFB MI

Cc: xxx, xxx, xxx MPAS

Cc: DOJ

Cc: several xxx