[nfbmi-talk] Fw: foia foia foia request for email

Sat Jul 2 17:50:23 UTC 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: Marlene Malloy 
Sent: Saturday, July 02, 2011 1:48 PM
Subject: Re: foia foia foia request for email

July 2, 2011

Paul Joseph Harcz, Jr. to

Marlene Malloy, Director MRC

Dear Ms. Malloy,

You've still not addressed my fundamental question of what attorney gave you such advice as you reference here?

And by the way you should check out the Open Meetings Act requirements for proposed meeting minutes as well as the ADA, Title II requirements for accessible meetings including information related to them; the requirements under Title I for V.R,. agencies to hold fully accessible meetings including the right to timely and accessible information affirmatively deliverred and not on an ad hoc basis.
and that includes information related to MRC meetings themselves like I requested! You might also read the Freedom of Information Act by the way rather than try to use it to dodge  the federal laws, including federal civil rights laws which in and of itself is a violation of them as well. For federal law trumps state law even if the state law FOIA you reference was an actual accounting of what the FOIA says on this issue which it does not. For frankly madame you grabbed the twenty day issue right out of the air. Again even if using state law the Michigan Open Meetings Act requires that proposed minutes are made available to the public within eight (8) working days. And that is to the general public!  If you posted them on your web site then I wouldn't even have had to go through these hoops.

You, madame are a part of the VR system and as such you serve the public and that includes people with all disabilities including myself.

You might look as well at MRS' annual assurances that it is following the ADA and 504 in all of its affairs including those related to public meetings of the MRC (go back to Title I which you should, in your position be intimate with)  and the activities of the MRC.

I'd say by this and other behaviors that those constitute making false statements to the United States Department of Education, RSA of which MRS and MRC are recipients and without which neither would exist.

Your agency is entrusted with serving people with disabilities and it sure in the heck is liable for applying and acting upon our civil rights (ADA and 504).. Title II of the Americans with Disabilities Act of 1990 alone is about to turn twenty one years old. By all that is holy I sure in the heck will doggedly advocate that a VR agency which is to serve those with physical, cognitive, sensory and other disabilities is one hundred and ten percent compliant with all elements of those civil rights llet alone those affordedus long since including in the very Rehabilitation Act that funds your position.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 
  From: Marlene Malloy 
  To: joe harcz Comcast 
  Cc: Luke Zelley 
  Sent: Monday, June 27, 2011 3:06 PM
  Subject: RE: foia foia foia request for email

  Mr. Harcz, with regard to your FOIA request sent today, Monday June 27th, 2011 regarding an email message between myself and Luke Zelley, below you will find the email.  This response should satisfy your request.  Marlene Malloy

  The email sent to Luke Zelley:

  Hi Luke – I have consulted with an attorney about the management of the following FOIA request.  He advised me that since this FOIA request came to the MRC and you are a Governor appointee to the Council, you should not provide any further information to Mr. Harcz. Thank you in advance for your cooperation.  If you would like to speak with me about this, please call. Marlene

  Marlene S. Malloy

  Executive Director

  Michigan Rehabilitation Council

  3490 Belle Chase Way, Suite 110

  Lansing, MI 48911

  517.887.9370

  877.335.9370 – toll free

  517.887.9369 – fax

  Web site:  www.mrccouncil.org

  From: Marlene Malloy [mailto:marlene at mrccouncil.org] 
  Sent: Friday, June 24, 2011 6:11 PM
  To: joe harcz Comcast
  Cc: Luke Zelley TDN; nfbmi-talk at nfbnet.org; Jo Anne Pilarski MCB, Chair; Larry Posont; lydia schuck; John Scott MCB, Commissioner; Patrick Cannon MCB Director; Joe Sibley; Porter, Jaye (DELEG); LOU ADAMS; executive_committee at mrccouncil.org
  Subject: RE: ada 504 oma foia request for information

  Mr. Harcz, I have received your request for the complete June 3, 2011 MRC minutes and any written reports and corollary information related to a possible consolidation of the Michigan Commission for the Blind with the Michigan Rehabilitation Services. Your request is being processed and you should expect receipt of the afore mentioned documents in Word format within the 20 business days (which is July 20th, 2011) required under FOIA.

  Marlene S. Malloy

  Executive Director

  Michigan Rehabilitation Council

  3490 Belle Chase Way, Suite 110

  Lansing, MI 48911

  517.887.9370

  877.335.9370 – toll free

  517.887.9369 – fax

  Web site:  www.mrccouncil.org

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Friday, June 24, 2011 12:54 PM
  To: marlene at mrccouncil.org
  Cc: Luke Zelley TDN; nfbmi-talk at nfbnet.org; Jo Anne Pilarski MCB, Chair; Larry Posont; lydia schuck; John Scott MCB, Commissioner; Patrick Cannon MCB Director; Joe Sibley
  Subject: Fw: ada 504 oma foia request for information

  Dear Ms. Malloy,

  I have not had a response to this inquiry. That in and of itself is a violation of the ADA and Section 504.

  Please remit the requested information in accessable format to this advocate who is blind.

  Sincerely,

  Paul Joseph Harcz, Jr.

  ----- Original Message ----- 

  From: joe harcz Comcast 

  To: marlene at mrccouncil.org 

  Cc: Jo Anne Pilarski MCB, Chair ; Larry Posont ; John Scott MCB, Commissioner ; lydia schuck ; arwoods at michigan.gov ; Joe Sibley MCBVI Pres. ; Jeanette Brown MI CAP ; Elmer Cerano MPAS ; Donna Rose 

  Sent: Wednesday, June 22, 2011 2:11 PM

  Subject: ada 504 oma foia request for information

  June 22, 2011

  ADA FOIA and OMA Request MRC Minutes

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI  48458

  810-516-5262

  Re: request for MRC information

  Ms. Marlene Malloy

  Michigan Rehabilitation Council

  (Via e-mail at:

  marlene at mrccouncil.org)

  Dear Ms. Malloy,

  I am an advocate who happens to be blind. I note that fact for I am about to make a request for certain public information and I will invoke the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 as well as appropriate state law.

  Today I am requesting the complete June 3, 2011 MRC minutes. I am also requesting any written reports and corollary information related to a possible consolidation of the Michigan Commission for the Blind with the Michigan Rehabilitation Services.

  Of course as a blind person I cannot read these print documents and thus am requesting them pursuant to the effective communications requirements of the ADA, Title II subpart e and the auxiliary aids and services requirements of Section 504.

  My only request for accommodation in these regards is to receive them as either a Word attachment or a plain text enclosure to my e-mail address listed above, for you see simply my computer talks.

  Any written questions may also be made via conventional e-mail as well.

  I thank you in advance for your prompt, compliant and timely response to this request,

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: file

  Cc: Commissioners, Michigan Commission for the Blind

  Cc: Steve Arwood, LARA

  Cc: Members NFB MI, MCBVI and other advocates for the blind

  Marlene S. Malloy

  Executive Director

  Michigan Rehabilitation Council

  3490 Belle Chase Way, Suite 110

  Lansing, MI 48911

  517/887.9370, extension 1

  517/887.9369 - Fax

  877/335.9370 - Toll Free

  marlene at mrccouncil.org

  www.mrccouncil.org

  Always speak of the past, gratefully. Of the future, excitedly. And of the present, with bobbing eyebrows and a Cheshire grin.

  It is all about spiritual politics!

  Confidentiality Notice - This message, including any attachments, is intended solely for the use of the named recipient(s) and may contain confidential and/or privileged information.  Any unauthorized use, disclosure, or distribution of this communication is expressly prohibited.  If you are not the intended recipient, please notify the sender and destroy any and all copies of the original message. The Michigan Rehabilitation Council accepts no liability for any damage caused by any virus transmitted by this e-mail. Thank you.

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Monday, June 27, 2011 12:19 PM
  To: marlene at mrccouncil.org
  Cc: Luke Zelley TDN; waroods at michigan.gov; Larry Posont; lydia schuck; Jo Anne Pilarski MCB, Chair; John Scott MCB, Commissioner
  Subject: foia foia foia request for email

  FOIA FOIA FOIA MRC Information

  June 27, 2011

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  E-mail: joeharcz at comcast.net

  Re: Correspondence with Luke Zelley

  Marlene Malloy, Executive Director,

  Michigan Rehabilitation Council

  (Via e-mail)

  Dear Ms. Malloy,

  I am writing you today to request under the Michigan Freedom of Information Act any e-mail correspondence between you a public employee and Luke Zelley a public official, appointed by the Governor and approved by the Michigan Senate any information related to my request for accessible meeting minutes  or other information related to a consolidation of MRS and MCB, and that were made under the Americans with Disabilities Act of 1990 and Section 504 of the very Rehabilitation Act of 1973 that you’ve violated.

  I expect a prompt response to this request as you need only simply fw the very e-mail at issue to me.

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: Luke Zelley, MRC member

  Cc: Members Michigan Commission for the Blind Board

  Cc: S. Arwood, LARA