[Vendorsmi] Fw: [nfbmi-talk] Fw: Response to FOIA Request (FOIA Open Inquire)
Joe Sontag
suncat0 at gmail.com
Wed Oct 12 17:31:59 UTC 2011
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Steve Arwood LARA Dep" <arwoods at michigan.gov>
Cc: "Robin Jones" <guiness at uic.edu>; "lydia Schuck MCB Comm." <laschuck at juno.com>; <mcb2020-L at LISTSERV.MICHIGAN.GOV>; "Ussery,
Karla" <Karla.Ussery at ed.gov>; "Patrick Cannon MCB Dir." <cannonp at MICHIGAN.GOV>; "blind democracy List"
<blind-democracy at octothorp.org>; <vincent.cheverine at ed.gov>; <nfbmi-talk at nfbnet.org>; "Peter Berg" <pberg at uic.edu>; "Joe Sibley
MCBVI Pres." <joe.sibley at comcast.net>; "John Scott MCB Comm." <jcscot at sbcglobal.net>
Sent: Thursday, October 06, 2011 15:10
Subject: [nfbmi-talk] Fw: Response to FOIA Request (FOIA Open Inquire)
>
> ----- Original Message -----
> From: joe harcz Comcast
> To: Haynes, Carla (LARA)
> Sent: Thursday, October 06, 2011 3:06 PM
> Subject: Re: Response to FOIA Request (FOIA Open Inquire)
>
>
> Dear Ms. Haynes and (indirectly Mr. Cannon and Mr. Arwood),
>
>
> I have several things to say about this non-response. One you and the agency implicitly violate the "surcharge" provisions of the
> ADA and Section 504. As I've sent these regulatory and statutory citations to the agency before and as this is after all the
> Michigan commission for the Blind with the former head of the U.S. Access Board and former State of Michigan ADA coordinator at
> the helm, namely the scofflaw Patrick D. Cannon, I can only construe that the direct violations of the ADA/504 requirements are
> not only deliberate indifference to known civil rights laws (re: Tyler vs.. Manhattan), but also willful and made with malice of
> forethought.
>
> In short this and similar responses constitute a malicious violation of my and other's civil rights.
>
> Again, this is simply absurd on its face as the Michigan Commission for the Blind is indeed just that and should be the expert and
> is paid by the taxpayer to be the expert in keeping such records and indeed making them accessible in the first place and in fact
> signs assurances with the feds each and every year in those regards. Are those assurances indeed outright lies as this response
> implies? If so then I think the U.S. Attorney's office should engage in false statements act claims against the personnel who
> indeed utters and engages in these violations of law and equity.
>
> Moreover, I urge you and all to look at the regulations on the affirmative defense relative to "administrative burdens and undue
> hardship". These are not fleeting issues or arbitrary ones but, rather ones that must be read literally, and again you've all been
> notified by yours truly in these regards. The absurdity on this issue at the risk of redundancy is plain on its face as you
> represent Michigan Commission for the Blind for crying out loud! Would a Michigan Commission for the Deaf cite such absurd issues
> in violation of clear cut mandates and federal civil rights laws with impunity, let alone a straight face? I think not!
>
> By the way again refer to affirmative obligations under case law on the issue such as Tyler vs.. Manhattan. which again, I've sent
> you all and thus again you all are guilty on its face of 42 USC 1983 violations of my civil rights which is actionable and
> recoverable against you all personally as you are all state actors acting in concert against my known civil rights and you are all
> acting inconcert in malicious fashion being dully notified in law and equity.
>
> Now, finally the abject failure of you all in accounting for the expenditure of federal funds "earmarked" and required for
> specific purposes herein (namely Federal funds for the express purposes of the BEP and VR programs) or the open and with this
> message undocumented, and self-admitted lack of accounting of same is malfeasant by your own admission at very best and is,
> frankly criminal, and I mean that term in its strictest sense at worst.
>
> The MCB is a "Shepard" of federal taxpayer's funds and those funds must be accounted for. Aside from the discrete issues of
> blindness and my invocations of the ADA/504 in these regards each and every taxpayer regardless as to race, color, creed, gender,
> sexual orientation, disability, age, or other contingency has a right to know just how and why these funds are expended and to
> what purpose.
>
> It is both on its face outrages and wholly unacceptable that this agency cannot by your own admission break out or otherwise
> account for differentials in funding for dedicated funding and discrepancies therein for non-blind temporary operators versus
> blind operators for whom the very establishment of PA 260 and indeed the Randolph Shepard program let alone the Rehabilitation Act
> of 1973 were created and funded in the first place.
> This is simply an outrageous response for simple accounting let alone true public accountability.
>
> This response in and of itself is again also a constitutional violation of both the "spending clause" and the "14th Amendment"
> requirements in regards to the misapplication and misinterpretations of the ADA/504 and abusing the FOIA (state law) to pre-empt
> federal legal requirements. Again, I neeed not prove anything but this very message which stands in stark violation of the federal
> civil rights laws and statutes.
>
> So my suggestion is this: remit requested information forthwith not only to myself in accessable format, but also account for
> these expentidures to RSA, the GAO but also the Michigan Auditor General and make all such required documentation available to the
> Governor of the State of Michigan and even more importantly the public and our entire Republic on MCB's own web site.
>
>
> To reiterate the law and indeed several laws are consistent in these regards. The Business enterprise program under PA 260, and/or
> the RS/Rehabilitation Act program are federally funded programs for the express purpose of promoting gainful and meaningful
> employment of people who happen to be blind. They are not programs for underwriting without any measure of accounting let alone
> accountability with state and federal funds sighted, non-disabled white males or females for that matter. If the State Licensing
> Agency (MCB) disagrees with this simple interpretation of law, equity and accountability then I suggest that you all give up your
> federally subsidized laws under these Acts and return your paychecks to the state and federal taxpayer. Then you can rightfully
> lobby to re-vise these programs, and services and benefits and activities that you seemingly so despise by your actions.
>
> As an aside to Ms. Haynes, for this message is clearly aimed at "higher ups" predominately I must say our relationship has been
> cordial and I hold no personalanimous towards you personally. But, I also must say I have the rights of all citizens and they will
> not be deterred.
>
> In short if people wish to "nickel and dime" by contrivance and denigration of known civil rights laws my and others
> constitutional right to know the public activities of public institutions and actors nd if one wishes to let these same scofflaws
> violate my and others constitutional and civil rights then one might well be expected to be sued on the same par as those
> self-same scofflaws for cause.
>
> Regardless I've made my case in point and in fact and in deed.
>
> I will not desist and I call for the United States Attorney's Office to look in to this bovine scatology.
> She has done so before and she will do so again.
>
> State Departments cannot be trusted right now with the public trust.
>
> Again, Carla, sincerely about all that. But public trust, public laws and public rights are what they are.
>
>
>
>
>
>
>
>
> ----- Original Message -----
> From: Haynes, Carla (LARA)
> To: joe harcz Comcast
> Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA) ; Wallace,
> Judy (LARA) ; Luzenski, Sue (LARA)
> Sent: Thursday, October 06, 2011 12:53 PM
> Subject: Response to FOIA Request (FOIA Open Inquire)
>
>
> October 6, 2011
>
>
>
> Mr. Paul Joseph Harcz, Jr.
>
> E-mail: joeharcz at comcast.net
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI 48458
>
>
>
> Dear Mr. Harcz:
>
>
>
> This letter is in response to your September 21, 2011, email request for copies of public records, received September 22, 2011,
> please be informed that the Department's Michigan Commission for the Blind (MCB) is processing this request under the state's
> Freedom of Information Act (FOIA), MCL 15.231 et seq.
>
>
>
> In your email, you requested information/records described as follows: "Please remit to me the set asides of all sighted,
> non-disabled operators during the last fiscal year alone."
>
>
>
> Pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is partially granted and partially denied.
>
>
>
> Your request is granted as to existing, nonexempt records possessed by the Department/MCB falling within the scope of your
> request. However, pursuant to MCL 15.234, Section of the FOIA, the Department/MCB has assessed estimated, allowable costs of
> totaling $81.30 to process this request. The records possessed by the Department are print documents of monthly billings with a
> receipt stamp indicating that the Department's Revenue Accounting Division has received payment and attributed the monies to the
> proper accounts under the MCB, which includes the set-aside account. As the Department/MCB does not have a method that
> differentiates between sighted or blind temporary operators, the records possessed are for all temporary operators in the Business
> Enterprise Program (BEP) for Fiscal Year 2011.
>
> FOIA Response - P.J. Harcz, Jr.
>
> October 6, 2011
>
> Page 2 of 2
>
>
>
>
>
>
>
>
>
> Thusly, based on the amount of labor involved and the amount of material that must be produced, and reviewed regarding statutory
> privacy concerns, pursuant to MCL 15.234, Section 4(3) of the FOIA, the Department/MCB must assess costs to process this request
> because, in this particular instance, failure to charge for search, examination, review, and deletion and separation of exempt
> from nonexempt information would cause the Department/MCB to incur unreasonably high costs for these activities that are
> excessive and beyond the normal or usual amount for these services; and would result in an undue financial and administrative
> burden per ADA regulations (28 CFR 35.160.164) which states:
>
> "A public entity must ensure that its communications with individuals with
>
> disabilities are as effective as communications with others. This obligation
>
> does not require a public entity to take any action that it can demonstrate
>
> would result in a fundamental alteration in the nature of its services,
>
> programs, or activities, or in undue financial and administrative burdens."
>
>
>
> The estimated cost of $81.30 to process this request is based on:
>
> --Labor time to search for, copy, examine to redact exempt information,
>
> and put on a flash drive is 3 hours at $25.10/hr = $75.30.
>
> --Flash drive and postage costs = $6.00
>
>
>
> Please send payment of $81.30 as indicated on the attached invoice.
>
> Upon receipt of payment, the Department/MCB will continue processing this request; notify you of any statutory disclosure
> exemptions; any applicable remedial rights; and any balance due or owed.
>
>
>
> Sincerely,
>
>
>
>
>
>
>
>
>
> Carla Miller Haynes, FOIA Coordinator
>
> Michigan Commission for the Blind
>
>
>
> Attachments - Invoice and Email Request
>
>
>
> Cc: Patrick Cannon
>
> Mel Farmer
>
> Susan Turney
>
> Constance Zanger
>
> James Hull
>
> Judy Wallace
>
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> DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
>
> FREEDOM OF INFORMATION ACT INVOICE
>
>
>
> NAME AND ADDRESS OF REQUESTER
>
>
>
> Mr. Paul Joseph Harcz, Jr.
>
> E-mail: joeharcz at comcast.net
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI 48458
>
>
>
>
> BUREAU/OFFICE:
> Michigan Commission for the Blind
>
> ACCOUNT CODE:
> Index: 36200
>
> PCA: 11343
>
> REQUEST RECEIVED: 9-22-11
>
> TYPE OF REQUEST
>
> LETTER/SUBPOENA FAX x E-MAIL
>
> REQUEST PARTIALLY DENIED ( X ) YES ( ) NO
>
>
> REQUESTED INFORMATION WILL BE:
>
>
>
> X MAILED UPON RECEIPT OF PAYMENT
>
> MAILED/INVOICED FOR FULL PAYMENT
>
> PAID AND PICKED UP IN PERSON
>
> EXEMPT INFORMATION WITHHELD/REDACTED ( ) YES ( ) NO
>
> EXTENDED RESPONSE NOTICE ISSUED ( ) YES ( X ) NO
>
>
>
>
> DLARA CONTACT: Melvin Farmer, Central FOIA Coordinator (517) 373-0194
> Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI 48909
>
>
>
>
>
>
>
> The FOIA provides that the department may charge a fee to comply with requests for public records. The processing fee is
> composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of
> records at assessed costs per page; mailing costs; and other related special costs. Prior to searching and copying requested
> records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before
> mailing the records. Assessed costs are related to your request for:
>
> "Please remit to me the set asides of all sighted, non-disabled operators during the last fiscal year alone."
>
>
>
> INVOICE CALCULATIONS
>
>
> AMOUNT
>
>
> (Lowest Paid Capable Employee)
>
> LABOR (Locating and Duplicating): No. of Hours 2 x Hourly Rate $25.10
>
> LABOR (Examining and Extracting): No. of Hours 1 x Hourly Rate $25.10
> 50.20
>
> 25.10
>
>
>
>
>
>
> POSTAGE: (estimate)
> 2.00
>
>
>
>
> DUPLICATING: No. of Pages x Copying Rate Per Side $.25
>
>
>
>
>
> OTHER: (overtime, audio tapes, discs, photos, security, etc.) Flash Drive
>
>
> 4.00
>
>
>
>
> Make check or money order payable to: STATE OF MICHIGAN
>
> Remit to: Department of Licensing & Regulatory Affairs
>
> Office Services Mailroom
>
> 7150 Harris Drive, P.O. Box 30015
>
> Lansing, MI 48909
>
> RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT.
>
>
>
> *Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your
> request. The actual cost may vary somewhat from this amount.
>
>
> TOTAL 81.30
>
>
>
>
> DEPOSIT
>
>
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>
> BALANCE TO BE PAID
>
>
>
> $81.30
>
>
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>
> Distribution: Requester, Agency, Financial Services, FOIA Coordinator
>
>
>
> NOTE TO FOIA COORDINATORS:
> UPON PAYMENT OF DEPOSIT OR BALANCE SEND COPY TO CENTRAL FOIA COORDINATOR
>
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> From: Cannon, Patrick (LARA)
> Sent: Friday, September 23, 2011 8:09 AM
> To: Farmer, Mel (LARA); Haynes, Carla (LARA)
> Cc: Zanger, Connie (LARA); Luzenski, Sue (LARA)
> Subject: FW: FOIA open inquire
>
>
>
>
>
>
> ------------------------------------------------------------------------------
>
> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
> Sent: Wednesday, September 21, 2011 9:43 PM
> To: nfbmi-talk at nfbnet.org
> Cc: Zanger, Connie (LARA); Hull, James (LARA); Cannon, Patrick (LARA); lydia Schuck MCB Comm.; John Scott MCB Comm.; Larry Posont
> MCB Comm.; Arwood, Steve (LARA)
> Subject: open inquire
>
>
>
> Dear Ms. Zanger and Mr. cannon,
>
>
>
> It has come to my attention that we in MCB have not collected all set asides from sighted, non-disabled tempory operators for
> some time. I'm a bit confused by this documented fact in that MCB is required by PA 260 and the Randolph Shepard Program to offer
> a priority to blind folks in these concessions as the State Licensing Agency. I'm also confused in that this set aside is
> considered income for federal matching purposes.
>
>
>
> So, correct me if I'm wrong here but don't we violate the mandates of the RS, VR and other programs when we don't require when
> using federal funds the same requirements of so-called temporary operators who are not blind in the same manner as we've done for
> blind operators? And aren't these inequities primae facae evidence of mass, systemic, and willful violations of the ADA, and
> Section 504 in their clearcut discriminatory impact in that they clearly set and implement in fact and documented deed
> discriminatory standards of practice?
>
>
>
>
>
> And, moreover a practical matter here...In short aside from the clear cut misappropriations of federal funds here aren't we as an
> agency losing appropriate federal match as again set asides are "income" and thus robbing the entire MCB program because of these
> derelictions of duties and misappropriations of federal funds in the first instance?
>
>
>
> I mean think about it you clearly don't ask for the same inventory requirements as documented in fact and deed of these temporary
> operators let alone the same set aside requirements .
>
>
>
> Shoot ALJ decisions in the public domain are rife during recent years where you all yanked licenses from operators, often
> appropriately for not paying or accounting for federally funded inventories. Oh I guess these were problems because the operators
> were blind?
>
>
>
> But you don't set the same standard, and the same accountability for sighted, non-qualified temporaries?
>
>
>
> Are the violations in law and equity here only obvious to an outsider likeme or even the casual observor on the seen?
>
>
>
> What gives here?
>
>
>
> I'd like some accounting let alone accountability here.
>
>
>
> Please remit to me the set asides of all sighted, non-disabled operators during the last fiscal year alone. I want line item
> accounting and not voodoo accounting too.
>
>
>
> sincerely,
>
>
>
> Paul Joseph Harcz, Jr.
>
>
>
> cc: MCB Commissioners
>
> cc: Craig McManus, RSA
>
> cc: Steve Arwood
>
> cc: OIG, United States Department of education
>
>
>
>
>
>
>
>
>
> Carla Miller Haynes
>
> DLARA Michigan Commission for the Blind
>
> 201 N. Washington Sq., 2nd Floor
>
> P.O. Box 30652
>
> Lansing, MI 48909
>
> Phone: 517/373-2063
>
> FAX: 517/335-5140
>
>
>
> www.michigan.gov/mcb
>
>
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