[nfbmi-talk] Fw: mcb foia ada and 504 request - Response

Fri Apr 15 00:22:51 UTC 2011

----- Original Message ----- 
From: Haynes, Carla (DELEG) 
To: 'joe harcz Comcast' 
Sent: Thursday, April 14, 2011 4:57 PM
Subject: RE: mcb foia ada and 504 request - Response

April 14, 2011 (Letter sent via Email and US Mail)

Mr. Paul Joseph Harcz, Jr.

joeharcz at comcast.net

1365 E. Mt. Morris Road

Mt, Morris, MI  48458

Dear Mr. Harcz, Jr.:

This notice is in response to your March 24, 2011, (Email) request for information under the Freedom of Information Act (FOIA), MCL 15.231 et seq, received by this office on 3-25-2011, and of which a 10 day extension was taken on March 31, 2011.

You have requested information that you describe in the attached document.

Your request is granted in part and denied in part as to existing, non-exempt information in possession of the department.  Due to the different formats of the files you have requested, I have outlined below which documents will be either sent to you via email, or sent in the US mail or available on the Michigan Commission for the Blind's website at www.michigan.gov/mcb.

-Recordings of the December 2010 and March, 2011 MCB meetings are granted:

          -December 2010 MCB Commission Meeting recording will be sent via the US mail on a thumb drive

          -March, 2011 MCB Commission Meeting recordings which covered two days are available at http://mediasite.mihealth.org/mediasite/Viewer/?peid=c5e6a068ccf14962ba2990c4262a11fe1d for March 17, 2011 and http://mediasite.mihealth.org/mediasite/Viewer/?peid=11b4adaf2bee4da9a678b4141da9b1c61d for March 18, 2011

Letter - Paul Joseph Harcz, Jr.

April 14, 2011

Page 2 of 3

-Complete internal operating budget including line item expenditures for Fiscal year 2010 (including the missing last quarter) is granted and will be sent under separate cover

-Complete internal operating budget through the first two quarters of this fiscal year is granted and will be sent under separate cover once these are completed

-Contract between the Michigan Commission for the Blind and the Clarion Hotel in Kalamazoo for purposes of use as the interim MCBTC is granted and is attached to the email

-Corrective action plan and final response to the RSA monitoring report - the monitoring report is at the Michigan Commission for the Blind's website at 

www.michigan.gov/mcb, the corrective action plan and final response to this report is not final and is denied based on Michigan's FOIA Act 15.243, Section 13(1)m

-Draft minutes of the March 17 and 18, 2011, MCB meetings - attached to the email and will be included on the thumb drive

We will waive the cost of this request but this does not preclude the agency from charging processing costs for future request(s) from you or any other requestor.

Under FOIA (MCL 15.240), you may submit a written appeal regarding the denial portion of this FOIA request to Steven Hilfinger, Director, Michigan Department of Energy, Labor & Economic Growth, Attention:  Mario Marrow, Ottawa Building - Fourth Floor, P.O. Box 30004, Lansing, MI  48909.  Your appeal must include the word "appeal" and identify the reason or reasons for reversal of the denial.  You also may seek judicial review in circuit court within 180 days after the final denial determination.  If you prevail in this action, the court may award reasonable attorney fees, costs, and disbursement.  If the court finds the department's action to be arbitrary and capricious, the court shall award, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

Letter - P.J. Harcz, Jr.

April 14, 2010

Page 3 of 3

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

/cmh

Attachment - FOIA Request of March 24, 2011

March 24, 2011

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joeharcz at comcast.net

Re: Several ADA and FOIA requests for Information

Carla Haynes

Michigan Commission for the Blind

FOIA

(Via E-mail)

Patrick D. Cannon

Director, Michigan Commission for the Blind

(via E-mail)

Dear Ms. Haynes and Mr. Cannon,

I am writing today to ask for the following items under the Michigan Freedom of Information act:

-the recordings of the December, 2010 and March, 2011 MCB meetings

-the complete internal operating budget including line item expenditures Fiscal Year 2010 (including the missing last quarter)

-the complete internal operating budget through the first two quarters of this fiscal year

-the contract between the Commission and the Clarion Hotel in Kalamazoo for purposes of use as the interim MCB TC 

The following items are requests for information under relevant provisions of The Americans with Disabilities Act, and the Rehabilitation Act of 1973:

-the corrective action plan and final response to the RSA monitoring report which, as it was discussed at the last MCB meeting and was claimed to have been sent to Commissioners should have been made a part of my ADA accommodation package prior to the meetings of March 17 and 18, 2011 and constitute a violation of the ADA in the omission of same

-the draft minutes of the March 17 and 18, 2011 MCB meetings

Of course, as a person who is blind I am requesting all of the above information and any correspondences to this request in accessible format and a timely manner. I invoked the ADA, Title II, subpart e, communications in this regard. Aside from the recordings which can be sent as in the past on a flash card as mp3 files via U.S. mail I request that all other information is sent to me as either Word, or plain text file attachments, or enclosures to my E-mail address.

I thank you in advance for your prompt response.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB, MI and MCBVI

Cc: Civil Rights Division, Disability Rights Section, USDOJ

cc: RSA

Carla Miller Haynes

DELEG 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

--------------------------------------------------------------------------------

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Thursday, March 24, 2011 9:02 AM
To: Haynes, Carla (DELEG)
Cc: Cannon, Patrick (DELEG); Craig.McManus at ed.gov; Jo Anne Pilarski MCB, Chair; Larry Posont; John Scott MCB, Commissioner; lydia schuck; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.
Subject: mcb foia ada and 504 request

March 24, 2011

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joeharcz at comcast.net

Re: Several ADA and FOIA requests for Information

Carla Haynes

Michigan Commission for the Blind

FOIA

(Via E-mail)

Patrick D. Cannon

Director, Michigan Commission for the Blind

(via E-mail)

Dear Ms. Haynes and Mr. Cannon,

I am writing today to ask for the following items under the Michigan Freedom of Information act:

-the recordings of the December, 2010 and March, 2011 MCB meetings

-the complete internal operating budget including line item expenditures Fiscal Year 2010 (including the missing last quarter)

-the complete internal operating budget through the first two quarters of this fiscal year

-the contract between the Commission and the Clarion Hotel in Kalamazoo for purposes of use as the interim MCB TC 

The following items are requests for information under relevant provisions of The Americans with Disabilities Act, and the Rehabilitation Act of 1973:

-the corrective action plan and final response to the RSA monitoring report which, as it was discussed at the last MCB meeting and was claimed to have been sent to Commissioners should have been made a part of my ADA accommodation package prior to the meetings of March 17 and 18, 2011 and constitute a violation of the ADA in the omission of same

-the draft minutes of the March 17 and 18, 2011 MCB meetings

Of course, as a person who is blind I am requesting all of the above information and any correspondences to this request in accessible format and a timely manner. I invoked the ADA, Title II, subpart e, communications in this regard. Aside from the recordings which can be sent as in the past on a flash card as mp3 files via U.S. mail I request that all other information is sent to me as either Word, or plain text file attachments, or enclosures to my E-mail address.

I thank you in advance for your prompt response.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB, MI and MCBVI

Cc: Civil Rights Division, Disability Rights Section, USDOJ

cc: RSA

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