[nfbmi-talk] Fw: amended request

joe harcz Comcast joeharcz at comcast.net
Tue Aug 17 21:52:01 UTC 2010


Actually Farmer is under Cannon's thumb. It was only the intervention of 
Assistant A.G. Tom Quasarano that got me even draft minutes. Quasarano, by 
the way teaches Media Law at MSU, conducted the OMA/FOIA training of staff 
and the commission, and knows that I know what I'm talking about.

Both Larry and I were at that training and it was taped. Cannon subsequently 
totally misinterpreted what Quasarano said related to the FOIA and the 
release of RSA monitoring, but I called him on it on the record at the June 
MCB meeting. It is all in the recording.

By the way this is the same recording in which Cannon acknoledged, again for 
the record that you were a qualified person who is blind to head the MCB TC.

Now, that begs a question that is very simple. Why  did he fire you?

Peace with Justice and Truth,

Joe
----- Original Message ----- 
From: "Christine Boone" <Christine_Boone at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, August 17, 2010 5:19 PM
Subject: Re: [nfbmi-talk] Fw: amended request


>I remember this...it is as disgusting now as it was then.  At least good 
>old
> Mr. FOIA...I cannot remember his name now...anyway, at least that 
> Department
> guy was finally persuaded by your eloquence, but the nerve of these guys 
> is
> really distressing.  It is as if any consumer is their enemy.  This is so
> far from Jack Duncan's vision of the Rehabilitation Act of 1973 when he
> drafted the original.  I think that Justin Dart, Nell Carney, Fred
> Schroeder, Joanne Wilson and every other commissioner from the past 
> quarter
> century would be horrified at the condition of things in Michigan today 
> for
> those people who would benefit from the provision of vocational
> rehabilitation services under normal circumstances!
>
> CB
> .
>
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Sunday, August 15, 2010 2:00 PM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] Fw: amended request
>
> This is Mr. ADA and Mr. OMA and Mr. FFOIA. Clearly this was both
> non-responsive and violated the OMA, FOIA and the ADA all in one fell 
> swoop
> as subsequent rreleases of draft meeting minutes in accessable format
> attest.
>
> In addition he sure doesn't know much about even his own deadlines for
> responses as he has not responded to any of the other requests for
> information or ADA complaints to this very date.
>
> Cannon talks about high expectations for others, but falls flat, over and
> over again himself.
>
> Sincerely and for the Record,
>
> Joe Harcz
> ----- Original Message -----
> From: Cannon, Patrick (DELEG)
> To: joe harcz Comcast
> Cc: Jo Anne Pilarski ; brlbumps at sbcglobal.net
> Sent: Tuesday, March 23, 2010 12:56 PM
> Subject: RE: amended request
>
>
> Dear Mr. Harcz,
>
>
>
> You'll be pleased to know that we are in the process of responding to your
> many notes of inquiry during the past weeks and are pleased to do so.  It 
> is
> our hope to effectively reply to your numerous inquiries in a 
> comprehensive
> email message to you soon, perhaps covering many of your notes in a single
> reply.  In the meantime, though, I do want to clarify the Commission's
> interpretation of and adherence to the Michigan Open Meetings Act (OMA), 
> the
> federal Americans with Disabilities Act (ADA) and Section 504 of the
> Rehabilitation Act of 1973, particularly their relationship to proposed
> draft minutes.
>
>
>
> As you know, OMA states that proposed minutes shall be public records open
> to public inspection and shall be available to the public not more than
> eight business days after the meeting to which the minutes refer. 
> Approved
> minutes are to be available not later than five business days after 
> they're
> approved by the public body.  The Michigan Commission for the Blind (MCB)
> has consistently complied with these requirements through the years that
> I've been here and, of course, intends to continue to operate within these
> requirements.
>
>
>
> Our compliance with OMA, Mr. Harcz, is actually not an ADA issue as you've
> described it.  The ADA (and Section 504) speaks to civil rights,
> non-discrimination and equal access, not greater or better access.  MCB's
> practice is to make proposed minutes available for public inspection at 
> our
> Lansing office is consistent with OMA and any ADA requirements.  After
> minutes receive formal approval by Commissioners they are properly posted
> and broadly distributed
>
>
>
> As you may know, the ADA would speak to dissemination of this information 
> in
> an accessible manner to ensure that people with disabilities have equal
> access (i.e. in terms of format, timing of release, etc.) as the general
> public.  I'm pleased to advise you that we strive to consistently meet 
> this
> mandate and will continue to do so.  More specific to your request for
> minutes of the December 11, 2009, MCB meeting, Mr. Harcz, the proposed
> minutes of that meeting have been available for public inspection here at
> the Commission's Central Office.  These minutes were approved March 19th 
> and
> will be posted and distributed no later than March 26th, as called for by
> the OMA, and will be advanced to you at the same time and in a format
> accessible to you, as called for by the ADA and Section 504 of the
> Rehabilitation Act of 1973.
>
>
>
> It is clear from your communications over the years, Mr. Harcz, that your
> interpretation of the OMA and the ADA is different than ours and I 
> encourage
> you to confirm our interpretation with the U. S. Department of Justice
> and/or the Great Lakes ADA Center in Chicago, both highly reputable
> resources for such information, as well as resources of which I know you 
> are
> most familiar.  We also invite you to call our office, toll-free, at
> 800-292-4200, if you'd like any additional information.
>
>
>
> Sincerely,
>
>
>
> Pat Cannon
>
> State Director
>
>
>
>
>
>
> ----------------------------------------------------------------------------
> ----
>
> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
> Sent: Tuesday, March 16, 2010 6:31 PM
> To: Cannon, Patrick (DELEG)
> Cc: Jo Anne Pilarski
> Subject: amended request
>
>
>
> (Note: In the prior request for accommodation and "proposed minuts I
> inadvertently asked for the December 11, 2010 minuts. Of course I was
> requesting the December 11, 2009 "proposed" or "draft" minutes. Please
> accept my apology for any confusion. I attached the corrected request here
> and will also send it to other board members:)
>
>
>
> March 16, 2010
>
>
>
> Paul Joseph Harcz, Jr.
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI 48458
>
> (Cell: 810-516-5262)
>
> E-mail: joeharcz at comcast.net
>
>
>
> Re: Specific Request for Proposed Minutes December 11, 2010
>
>
>
> LANSING, CENTRAL ADMINISTRATIVE OFFICE
>
> Phone, voice: (517) 373-2062
>
> Toll-free voice (800) 292-4200
>
> TTY (517) 373-4025; toll-free TTY (888) 864-1212
>
> Fax: (517) 335-5140
>
> DIRECTOR'S OFFICE
>
> Cannon, Patrick D., Director
>
> (via e-mail)
>
>
>
>
>
> Ms. Jo Ann Pilarski, MCB Commission Chair
>
> pilarskij at charter.net
>
>
>
> Mr. Michael Geno, MCB Commission Vice Chair
>
> luzenskis at michigan.gov
>
>
>
> Ms. Velma P. Allen, MCB Commissioner
>
> luzenskis at michigan.gov
>
> Ms. Geraldine G. Taeckens, MCB Commissioner
>
> geri.taeckens at isahealthfund.org
>
>
>
> Ms. Margaret Wolfe, MCB Commissioner
>
> margwolfe at usa.net
>
>
>
>
>
> All,
>
>
>
> This is a specific request to receive the "Proposed" or "Draft" minutes of
> the Michigan Commission for the Blind board meeting of December 11, 2009
> (see attached agenda after my signature line) in accordance with The
> Michigan Open Meetings ACT
>
> Act 267 of 1976. Specifically I cite this reference to this requirement
> (something I've pointed out in the past to Director Cannon on several
> occasions by the way)):
>
>
>
> "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."
>
> Since clearly the eeight ((8) days requirement for making these available 
> to
> the public has lapsed I do again specifically request them now.
>
>
>
> In addition I ask for reasonable accommodations in this regard relative to
> the Americans with Disabilities Act of 1990 and Section 504 of the
> Rehabilitation Act of 1973. Specifically I request that you simply e-mail
> them to me. As certainly they are already maintained and in a digital 
> format
> (likely Microsoft Word) this request should be of minimal trouble to
> accomplish.
>
>
>
> Sincerely,
>
>
>
> Paul Joseph Harcz, Jr.
>
>
>
> (AttachmentJ
>
>
>
>
>
>
>
> http://www.michigan.gov/dleg/0,1607,7-154-28077_28313_34884-227276--,00.html
>
> December 11 2009 Meeting of the MCB Board & Honor Roll Awards Presentation
>
>
>
> MICHIGAN COMMISSION FOR THE BLIND
>
> FRIDAY, DECEMBER 11, 2009
>
> KELLOGG CENTER, LINCOLN ROOM
>
> EAST LANSING, MICHIGAN
>
> 9:00 a.m. - 3:00 p.m.
>
>
>
> Live audio streaming of the meeting will be available online at
> approximately 9:00 a.m. at the MCB Web site at
>
> www.michigan.gov/mcb.
>
>
>
> To listen to the Commission meeting over the telephone dial:
>
> 1-916-233-0780 or toll free 1-888-296-6828
>
> Passcode: 847670# (required for both call in numbers)
>
>
>
> AGENDA
>
>
>
> I. Committee of the Whole 9:00 - 10:00
>
> List of 6 items
>
> . Reappointment of Commissioners
>
> . Vice Chair Selection
>
> . Reports on Commissioner Activities
>
> . Issues/Questions from Previous Meeting
>
> . Director's 2009 Evaluation
>
> . Other
>
> list end
>
>
>
> REGULAR MEETING
>
>
>
> II. Call to Order, Roll Call, and Determination of Quorum - Ms. Jo Ann
> Pilarski, Chairperson 10:00 - 10:15
>
>
>
> III. Approval of September 18, 2009 Meeting Minutes - MCB Board
>
>
>
> IV. Approval of November 5, 2009 Special Meeting Minutes - MCB Board
>
>
>
> V. Approval of Director's 2009 Evaluation - MCB Board
>
>
>
> VI. Board Correspondence
>
>
>
> VII. PUBLIC COMMENT** 10:15 - 10:30
>
>
>
> VIII. Welcome Library Services for the Blind and Physically Handicapped
> (SBPH) to the Commission - Sue Chinault 10:30 - 10:50
>
>
>
> IX. Presentation of MCB Honor Roll Awards 10:50 - 12:00
>
>
>
> LUNCH (Note: Lunch provided to award winners and their guests, 
> commissioners
> and attending staff) 12:00 - 1:00
>
>
>
> X. PUBLIC COMMENT** 1:00 - 1:15
>
>
>
> XI. Update on the National Agenda for Education of Children and Youth with
> Visual Impairments, Brunhilde Merk-Adam, National Co-Chair 1:15 - 1:45
>
>
>
> XII. Administrative Reports 1:45 - 3:00
>
> List of 5 items (contains 2 nested lists)
>
> . Consumer Services Report - Mr. Leamon Jones, Consumer Services Director
>
> List of 1 items nesting level 1
>
> . Memorandums of Understanding (MOU's) with Institutions of Higher 
> Education
> (IHE)
>
> list end nesting level 1
>
> . Business Enterprise Program Report - Ms. Constance Zanger, BEP Manager
>
> . Elected Operators Committee Report - Mr. James Chaney
>
> List of 6 items nesting level 1
>
> . Motion #1: The Attorney General's opinion on the position paper is
> referred to the Policy, Manual and Rules Subcommittee for review.
> (Information Only)
>
> . Motion #2: An operator voluntarily leaving the program and then 
> returning
> to the program more than three years later retains their initial years of
> service
>
> for purposes of the Operator Selection System seniority component. (Action
> Item)
>
> . Motion #3: The EOC adopted an updated Vending Facility Evaluation for a 
> 2
> year trail period. The EOC will assess the value of the instrument after 
> the
>
> first year of its use. (Information Only)
>
> . Motion #4: The EOC adopted an updated initial inventory policy for a 1
> year trial period at which time its value will be assessed. (Action Item)
>
> . Motion #5: Bill Younce and Garent Prentice are awarded mandatory 
> training
> points for attending the 2000 Annual EOC Workshop. (Information Only)
>
> . Motion #6: Install Sharon Nelson as the temporary operator of the
> convenience store at the McNamara Federal Building. (Information Only)
>
> list end nesting level 1
>
> . Training Center Report - Mr. Bruce Schultz, Assistant Training Center
> Director
>
> . Director's Report - Mr. Patrick Cannon, State Director
>
> list end
>
>
>
> XIII. Adjournment 3:00
>
>
>
> **NOTE: Public comment may be submitted during the meeting from 9:30-12:00
> via email to
>
> mcbpubliccomments at comcast.net .
>
> Emails received outside of this time frame are not considered part of 
> Public
> Comment.
>
>
>
> The meeting site is accessible. Individuals attending the meeting are
> requested to refrain from using heavily scented personal care products in
> order to
>
> enhance accessibility for everyone. People with disabilities requiring
> additional accommodations (such as materials in alternative format) in 
> order
> to
>
> participate in the meeting should call Sue Luzenski at 517/335-4265 by
> December 7, 2009.
>
>
>
>
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