[nfbmi-talk] Fw: FOIA Response to Request Received 4-18-12

Tue Apr 24 19:30:18 UTC 2012

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Duell, Elsie (LARA) ; Lautner, Christopher J (LARA) 
Sent: Tuesday, April 24, 2012 3:24 PM
Subject: FOIA Response to Request Received 4-18-12

April 25, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Email Recalled/Resent

Dear Mr. Harcz, Jr.:

This email is in response to your April 17, 2012, email request for copies of public records, received on April 18, 2012, in this office.  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.

You have requested information as described in your email which is below and starts "the mass E-mail attachment referenced in the following public domain submission to several public officials posted by Mr. Posont to the NFB of Michigan list serve".

Your request is granted as to existing, nonexempt records in the possession of this department responsive to your request.  Below and attached to this email is the message recalled and the second email message.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments and Documents Below: 

1.           Email of 4-17-12

2.           Emails of 4-17-12 (Two)

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

From: joe harcz Comcast <joeharcz at comcast.net>

Sent: Tuesday, April 17, 2012 11:17 AM

To:   Cannon, Patrick (LARA)

Cc:   Haynes, Carla (LARA); Farmer, Mel (LARA); nfbmi-talk at nfbnet.org; 

lydia Schuck MCB Comm.; Larry Posont MCB Comm.; John Scott MCB 

Comm.; Joe Sibley MCBVI Pres.; Geri Taeckens; Elmer Cerano MPAS; 

MARK CODY; Richard Bernstein Esq; Richard Clay Advocates f/t Blind; 

James Chaney EOC; Hazell Brooks; OCR Cleveland Office; Sally Conway 

USDOJ; Robin Jones

Subject:    foia ada 504 and oma request

April 17 2012 FOIA

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

810-516-5262

E-mail: joeharcz at comcast.net

Re: FOIA/ADA/504 Request for Timely Information

To:

Carla Haynes, Michigan Commission for the Blind FOIA

Cc: Melvin Farmer, LARA FOIA

Cc: Patrick D. Cannon

Michigan Commission for the Blind Director

(Via E-mail)

Dear All,

I'm requesting under the Michigan Freedom of Information Act the mass E-mail attachment referenced in the following public domain submission to several public officials posted by Mr. Posont to the NFB of Michigan list serve as follows:

"----- Original Message -----

From: "Cannon, Patrick (LARA)" <

cannonp at michigan.gov>

To: "MCB Staff" <

MCBStaff at michigan.gov>

Cc: "Zimmer, Mike (LARA)" <

zimmerm at michigan.gov>

; "'John Scott'" <

jcscot at sbcglobal.net>

; "'Larry Posont'"

< 

president.nfb.mi at gmail.com>

; "'Lydia Schuck'" <

laschuck at juno.com>

; "Posont, Larry (LARA)" <

PosontL at michigan.gov>

; "Schuck, Lydia

(LARA)" <

SchuckL1 at michigan.gov>

; "Scott, John (LARA)" <

ScottJ11 at michigan.gov>

Sent: Tuesday, April 17, 2012 8:34 AM

Subject: Recall: Governor Snyder to Issue New Executive Order Next Week

Cannon, Patrick (LARA) would like to recall the message, "Governor Snyder to Issue New 

Executive Order Next Week". =

_______________________________________________

nfbmi-talk mailing list

nfbmi-talk at nfbnet.org

http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org"

Precisely what is the "message" Mr. Cannon wished and apparently re-called somehow?

This was a most public correspondence about most public actions and we the public have the right to know including we who are blind in a timely manner and effective format. Since this was 

sent out on Cannon's own state owned computer it is subject to FOIA and since it was digital in the first instance (my most effective format) I am requesting this now. Not yesterday and not with stalling, and not with an abuse of the ADA's or 504's "undue hardship" provisions for there are clearly no hardships of this multi-million, federally funded agency at play here folks!

In addition as it is clear that there will be and are changes to the Executive Order 2012-2 involved here I wish to know precisely what the contents of the new Executive Order will be so that I, a citizen of this state and this Republic can decide for himself if they are in accordance with applicable state and federal laws..

Oh if you want to stall around this issue then think of the damages re: Detroit Free Press v. City of Detroit amongst others.

In other words as an editorial comment I am sick to death personally of all the government secrecy going on in this state and it doesn't go just to this issue, but regardless is germane to it nonetheless.

In this case we have substantial violations of the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 as amended, the Michigan Open Meetings Act, the Michigan Freedom of Information Act and Public Act 260 going on like they are violations on steroids.

This must end. It must end now.

I am willing, able and will sue if need be for it all to end too!

So give this information up!

It is time for secret government in Michigan and secrecy relative to federally funded programs for the blind and others with other disabilities to end as well.

It is as simple as that!

Sincerely,

Paul Joseph Harcz, Jr.

Cc: Michigan Protection and Advocacy Services, Inc.

Cc: NFB MI

Cc: MCBVI

Cc:several media outlets

Cc: several MRC members

Cc: RSA

Cc: several list serves and blogs

Cc: Governor Richard Snyder

Cc: several Attorneys at Law

Cc: United States Department of Justice, Civil rights Division

Cc: United States Department of education, Office of Civil rights

Email Message Recalled:
From: Cannon, Patrick (LARA)

Sent: Tuesday, April 17, 2012 8:09 AM

To:   MCB Staff

Cc:   Zimmer, Mike (LARA); John Scott; Larry Posont; Lydia Schuck; 

Posont, Larry  (LARA); Schuck, Lydia  (LARA); Scott, John  (LARA)

Subject:    Governor Snyder to Issue New Executive Order Next Week

Dear Colleagues,

Mike Zimmer, LARA's Chief Deputy Director has advised us that the Governor intends to rescind Executive Order 2012-2 and issue a new EO next week which will preserve specialized services for the blind and retain the blind services as a separate bureau.

The new draft Order which is under final review is expected to be issued early next week, with an anticipated effective date of October 1 of this year.  Following are some key components of the draft currently under consideration in which you will be interested:

*     The functions and services currently provided by the Michigan Commission for the Blind will be now provided by a distinct bureau in the DHS organizational structure.  

*     The effective date of the transfers resulting from the new Executive Order will be October 1, 2012.  This will mean that both MRS and MCB will submit a separate State Plan to RSA with each organization conducting a series of public meetings on its State Plan Amendments.

*     Under the draft which is currently being reviewed by RSA, BEP locations in Federal facilities will still be operated under the Randolph Sheppard Act with state facilities operations to be part of DTMB

*     The State Rehabilitation Council will be reconstituted as the Michigan Council for Rehabilitation Services to cover both MRS and MCB.  The new Council will consist of 17 members with the Directors of MCB and MRS serving as ex-officio members.

*     The MCB Board as we have known it will be abolished and replaced by a Commission for Blind Persons.  The new advisory commission will be comprised of 7 individuals appointed by the Governor.

I want to emphasize that the new draft of the EO is still a work in progress and under review by RSA and others and, as such, still subject to revisions.  We will keep you posted on further developments and, as always, I welcome any questions or comments you may have.  

The Administration's willingness to listen carefully has served the best interests of our consumers.  As I've stated often, I remain most appreciative of your patience through the past several weeks and your continued dedication to excellence.  Thank you very much!

Best always,

Pat

Patrick D. Cannon, State Director

Michigan Commission for the Blind

Department of Licensing and Regulatory Affairs

P.O. Box 30652

Lansing, MI  48909

cannonp at michigan.gov

517-335-4265

Toll Free:  800-292-4200

Fax:  517-335-5140

michigan.gov/mcb

Email Message Then Sent:
From: Luzenski, Sue (LARA) on behalf of Cannon, Patrick (LARA)

Sent: Tuesday, April 17, 2012 9:09 AM

To:   MCB Staff

Subject:    Status of Governor's Executive Order