[nfbmi-talk] Fw: FOIA Emails RE: J Harcz
joe harcz Comcast
joeharcz at comcast.net
Wed Jul 13 19:57:51 UTC 2011
----- Original Message -----
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Arwood, Steve (LARA) ; Brown, Melanie (LARA) ; Morrow, Mario (LARA) ; Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; 'sally.conway at usdoj.gov' ; Przekop-Shaw, Susan (AG)
Sent: Wednesday, July 13, 2011 3:31 PM
Subject: FW: FOIA Emails RE: J Harcz
Mr. Joseph Harcz, this notice is in follow up to my July 8, 2011 email response (enclosed) regarding your June 30, 2011 request for a copy of the DVD of the June 17, 2011 MCB general meeting in accessible format. As you were previously informed, the Department does not have the in-house capability to convert the DVD of this 6 1/2 hour meeting into the accessible format you requested; and, thusly, the Department must contract a private- sector vendor to perform this service. The vendor indicates that it does not expect to have the DVD conversions completed until the end of this week, or the first part of the week commencing Monday, July 18, 2011. Further, when the vendor provides the Department the DVD, the Department will need 2-3 days to add the audio description portion to it.
Also, in follow up to the Department's July 6, 2011 response to your July 2, 2011 request for records you describe as ".a line item accounting of how much this video recording cost the taxpayers or any records related to costs such as inter agency transfers from the MCB/LARA or a third party vendor for filming the event to begin with.", please be informed of the following:
--Filming Cost: At minimum, the wage/benefits of the Department's lowest paid employee capable
of recording the MCB meeting (General Office Assistant 5) at $25.10/hr X 6.5hrs = 163.15
--Private Sector Vendor Cost: The vendor informed the Department that its actual charge is
$3,750.00.
--Audio Description Cost: Estimated to take 2-3 days and cost about $1,200.00.
--Postage: Estimated to cost about $6.00
The total estimated cost to film and convert this requested DVD into the accessible format
requested is about $5,119.15.
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From: Farmer, Mel (LARA)
Sent: Friday, July 08, 2011 1:21 PM
To: 'joe harcz Comcast'
Cc: Cannon, Patrick (DELEG); Haynes, Carla (DELEG); Arwood, Steve (LARA); Brown, Melanie (LARA); Morrow, Mario (LARA); Jo Anne Pilarski MCB, Chair; Luzenski, Sue (DELEG); Kline, Steve T (LARA)
Subject: RE: FOIA Emails RE: J Harcz
Mr. Harcz, the Department's/MCB email/letter of June 30, 2011 regarding your request for a copy of the DVD of the June 17, 2011 MCB general meeting indicated that the Department would respond by July 13, 2011 as additional time was needed to make copies of the DVD in the accessible format you requested and to determine any applicable costs not subject to federal regulations to comply with your request.
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From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, July 08, 2011 12:20 PM
To: Farmer, Mel (LARA)
Subject: Re: FOIA Emails RE: J Harcz
So Mr. Farmer,
When are you going to send me the requested video of the MCB meeting now that you know once again this is an ADA, 504 and even title I issue of the Rehabilitation Act?
Sincerely,
Paul Joseph Harcz, Jr.
----- Original Message -----
From: Farmer, Mel (LARA)
To: 'joe harcz Comcast'
Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Arwood, Steve (LARA) ; Brown, Melanie (LARA) ; Morrow, Mario (LARA) ; 'sally.conway at usdoj.gov' ; 'Jo Ann Pilarski'
Sent: Wednesday, July 06, 2011 2:45 PM
Subject: FW: FOIA Emails RE: J Harcz
Mr. Joseph Harcz, this notice is in response to your July 2, 2011 emailed request to the Michigan Department of Licensing and Regulatory Affairs (LARA) for copies of nonexempt public information/records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as:
1. ".related to the video recording of the June 17, 2011 Michigan Commission for the Blind
meeting."
2. ".a line item accounting of how much this video recording cost the taxpayer or any records
related to costs such as inter agency transfers from the MCB/LARA to DTMB or a third
party vendor for filming the event to begin with."
3. ".any memorandums discussing the requirements to caption and describe this production of
a Michigan Commission for the Blind public meeting."
Please be informed that, pursuant to MCL 15.235, Section 5(2)(c) of the FOIA, your request is partially granted and partially denied.
As regards the granted portions of your request, enclosed, as part of this response, are copies of records responsive to your request.
As regards the denied portion of your request, the Department does not possess a line item accounting of the cost, interagency transfers, or third party vendor costs of the video recording of the June 17, 2011 MCB meeting. Thusly, pursuant to MCL 15.235, Section 5(4)(b) of the FOIA, we must deny this portion of your request; and certify that the public record requested does not exist in this Department.
Under MCL 15.240 of the FOIA, you may submit a written appeal regarding the denial of any portion of your FOIA request to Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs, Attention: Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, Michigan 48909. Your written appeal must include the word "appeal" and state the reason(s) for reversal of the denial(s). You may also seek judicial review in circuit court within 180 days of the Department's final determination. If you prevail in such action, the court shall award reasonable attorney fees, costs and disbursements. If the court finds the Department's action(s) to be arbitrary and capricious, the court shall, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.
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From: Brown, Melanie (LARA)
Sent: Wednesday, June 08, 2011 12:15 PM
To: Morrow, Mario (LARA); Turney, Susan (DELEG)
Cc: Edmonds, Keli (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG); Kline, Steve T (LARA)
Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible
LARAs Division of Media and Technology is approved to tape.
Thanks
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From: Morrow, Mario (LARA)
To: Turney, Susan (DELEG)
Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG)
Sent: Wed Jun 08 11:42:54 2011
Subject: Re: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible
DMT would like to tape these.
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From: Turney, Susan (DELEG)
To: Morrow, Mario (LARA)
Cc: Edmonds, Keli (LARA); Brown, Melanie (LARA); Cannon, Patrick (DELEG); Luzenski, Sue (DELEG)
Sent: Wed Jun 08 11:34:32 2011
Subject: DRAFT MCB Commission Board Meeting Advisory, for release today or as soon as possible
Mario and Melanie, attached is the draft MCB June 17 Commission Board meeting news advisory for your review.
We would like this to go out to all media statewide (both print and broadcast) today or as soon as possible.
Keli, please let me know when this is released, and send me a copy of the final release if there are any changes in the text.
I'll be at the Braille and Talking Book Library conference at the state library building most of the day today. If you need to reach me, my personal cell phone is 517-243-4691.
Thank you.
Susan Turney
Communications & Outreach Coordinator, Michigan Commission for the Blind
Michigan Department Licensing and Regulatory Affairs
direct line: 517-241-8631; fax: 517-335-5140
MCB toll-free: 1-800-292-4200
201 N. Washington Square, Second Floor,
P.O. Box 30652; Lansing, MI 48909
www.michigan.gov/mcb
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From: Morrow, Mario (DELEG)
Sent: Friday, June 10, 2011 11:54 AM
To: Cannon, Patrick (DELEG)
Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Duell, Elsie (DELEG)
Subject: Re: Commission Recording
Consider the cost of production a gift to you and your clients. However, client request for copies is another issue. We will work it out. please do not worry or lose sleep over this. It is all taken care of.
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From: Cannon, Patrick (DELEG)
To: Morrow, Mario (LARA)
Cc: Pohl, Allan (DELEG); Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Duell, Elsie (DELEG)
Sent: Fri Jun 10 11:40:57 2011
Subject: RE: Commission Recording
Thanks, Mario, for the update.
BTW, what about the cost of the video recording. Is this something your office and/or LARA is otherwise absorbing? I ask now, Mario, specifically because Al Pohl has advised us that MCB is under a "HARD FREEZE" on our spending and hiring, meaning that we cannot spend any amount of money on anything not considered to be an expenditure essential to service delivery.
Please provide us with reassurance that we will not be charged for this service.
Best always,
Pat
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From: Morrow, Mario (LARA)
Sent: Friday, June 10, 2011 6:36 AM
To: Cannon, Patrick (DELEG)
Cc: Turney, Susan (DELEG); Brown, Melanie (LARA); Arwood, Steve (LARA); Kline, Steve T (LARA)
Subject: Commission Recording
Pat -
I am so pleased that DMT is finally able to record the commission meetings. This is long overdue. Just as an FYI, there is no need to pre-announce our tapings. You or the chair can certainly make note of it at the beginning of the meeting. We are doing this as a service to our clients. I will provide more information as to how to obtain copies next week.
Have a great weekend.
Mario
Mario L. Morrow
Director of Communications
Department of Licensing and Regulatory Affairs
Ottawa Office Building
611 West Ottawa Street
4th Floor
Lansing, Michigan 48933
Phone: (517) 373-9280
Fax: (517) 241-1580
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From: Cannon, Patrick (DELEG)
Sent: Tuesday, June 28, 2011 8:25 AM
To: Morrow, Mario (LARA)
Cc: Brown, Melanie (LARA); Turney, Susan (DELEG); Luzenski, Sue (DELEG); Kline, Susan
Subject: Requirements for Captioning and Audio Description of Video Productions
Hello Mario,
Something to consider regarding video productions by LARA is the accessibility requirements of the ADA and the Administrative Guide to State Government (which is inserted below and attached), specifically the requirements to provide captioning and audio description. The applicable language of the state guidance is:
"Video or Other Media Production:
Video or other media production produced or distributed by Departments will be made accessible through open and closed captioning, descriptive video, or other methods.
Video recordings intended for internal investigative processes or documentation such as depositions, video recorded inspections, etc. are not covered by this policy."
The ADA connection to these requirements can be found in the "Program Access" portion of Title II of the ADA, which requires that all programs, services and activities of state government must be readily accessible to and usable by people with disabilities.
I'm sharing this with you, Mario, because I believe that we can anticipate that a blind person who requests the video recording of our Commission meetings might insist that it be described and, further, we cannot charge anything for the cost of making it accessible because the ADA would consider that being tantamount to assessing a surcharge for access, which is prohibited. Fortunately, though, our media technology office has expertise in the art of audio description, perhaps more so than in any other department.
Give me a call if you'd like to chat about this at 373-3125.
Best always,
Pat
Policy 1650.00 - Accessibility
1650.00 ACCESSIBILITY
Issued September 19, 2007
SUBJECT: Accessibility
APPLICATION: Executive Branch Departments and Sub-Units.
PURPOSE: To comply with the Americans with Disabilities Act (ADA), Sections 504 and 508 of the Rehabilitation Act of 1973 (as amended), the State Deaf Persons' Interpreters Act (PA 204 of 1982), and the Michigan Persons with Disabilities Civil Rights Act (PA 220 of 1976), this policy defines Departments' requirements for printed materials, meetings, electronic technology and services, and their availability to persons with disabilities in accessible formats when requested. This document covers employees and any individual, including the general public, who is served by Departments.
Note: This policy does not apply to Department of Corrections prisoners.
CONTACT AGENCY:
Office of the State Employer
400 S. Pine St.
Lansing, MI 48913
TELEPHONE: 517-373-7400
FAX: 517-373-3771
Commission on Disability Concerns
201 N. Washington Square, Suite 150
Lansing, MI 48913
TELEPHONE: 517-335-6004 TTY/V
Toll Free: 877-499-6232 TTY/V
FAX: 517-335-7773
Note: TTY/V = Teletypewriter/Voice.
SUMMARY: Departments must ensure that all printed materials, meetings, electronic technology, and services are accessible to persons with disabilities, such as employees, applicants, program participants, or members of the public participating in Departments' activities.
Printed Material and Documents:
All printed material or documents issued by Departments will be available upon request in alternative formats, unless this process would result in a fundamental alteration in the nature of a program or activity or an undue financial or administrative burden. Subject to these limitations, Departments will provide materials in an accessible format usable to the requestor.
Materials published by Departments will contain a notice that the material is available in an accessible format. In addition, Departments shall take steps to provide information to the general public about the availability of documents in accessible formats.
Meetings and Events:
Events and meetings planned and sponsored by Departments will be accessible, unless this would fundamentally alter the nature of a program or activity or an undue financial or administrative burden would occur.
"Accessible" means that all who are qualified to attend can attend, participate in all activities, and access information in the needed accessible formats in a timely manner. At a minimum, the site will be barrier-free, and additional accommodations will be provided upon request with advance notice. This
includes, but is not limited to, meetings open to the public, conferences, educational events, press conferences, staff training, and retreats.
Departments shall include on Event and Meeting notices a statement regarding accessibility and list contact information for requesting an accommodation and the timeframe for requests, in advance of the Event or Meeting.
Video or Other Media Production:
Video or other media production produced or distributed by Departments will be made accessible through open and closed captioning, descriptive video, or other methods.
Video recordings intended for internal investigative processes or documentation such as depositions, video recorded inspections, etc. are not covered by this policy.
Electronic and Information Technology:
Departments are required to work within the accessibility standards for disseminating information, website development, and information on websites, including computers, software, and electronic office equipment and all technologies covered by the law. For additional information, contact the Department of Information Technology, E- Michigan Web Development.
APPLICABLE FORMS: None
REFERENCES: Americans with Disabilities Act (ADA) of 1990 (Pub. L. 101-336) (42 U.S.C. §§
12101 et seq.)
Rehabilitation Act of 1973 (as amended), Sections 504 (29 U.S.C. § 794) and 508 (29 U.S.C. § 794d)
State Deaf Persons' Interpreters Act (PA 204 of 1982) (MCL 393.501, et seq.)
Michigan Persons with Disabilities Civil Rights Act (PA 220 of 1976) (MCL 37.1101, et seq.)
Resource: State of Michigan Accessibility Resource Guide http://www.michigan.gov/dmb/0,1607,7-150-9131-170876--,00.html.
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