[nfbmi-talk] Fw: FOIA Response to Request of 1-20-12 - Date of LARA ADA Coordinator
joe harcz Comcast
joeharcz at comcast.net
Fri Feb 10 22:56:04 UTC 2012
----- Original Message -----
From: joe harcz Comcast
To: Haynes, Carla (LARA)
Sent: Friday, February 10, 2012 5:52 PM
Subject: Re: FOIA Response to Request of 1-20-12 - Date of LARA ADA Coordinator
Dear Ms. Haynes, et all,
Clearly this is a required notice going back to 504 days, and clearly this goes to the continuing obligation under the Americans with Disabilities Act of 1990, and its implmenting regulations that makes this requirement not a FOIA item and not just a tag you are it item but, rather a living and breathing actuality. Note that today is February 10, 2012. How long do we people who are blind need to have the actuality of these laws and implementing regulations adhered to and not to be continually tossed off and diverted and subsequently hoisted upon the petards you and other state actors blow up in our faces over and over again? Petard by the way means "bomb"!
You and this agency and this state are documented bomb throwers, continually violating one law with another and coumpounding the issue by further throwing more bombs in our directions towards, and blowing up our individual and collective, civil rights.
Now, Pat Cannon was so-called State ADA coordinator and MCB Director for a goodly amount of the decade and yet in demonstrable form including this very posting he violated and continued abject violations of the ADA.
Now you say this Thomas was ADA coordinator or rather responsible designee for the past five years and yet no one has heard of him in this account or regards, but then you'll say you'll research it. Shoot even LARA itself didn't exist in the first bloody place until the current Administration created it in roughly January of 2011. So how in the Sam Hill could have this individual have been the responsible designee for the last five years as you reference. I'll denote that Bill Milzarski, Duncan Wyath and others have in the public record and in their do nothing capacity have been said DELEG and LARA do nothing ADA coordinators as the public record denotes which is to say they did nothing to remove physical or communications barriers to this date let alone eliminate the discriminatory practices you attest to right here and now! And again Cannon was State ADA Coordinator, former Chair of the U.S. Access Board and yet to this very date the very agency he gets paid for, Michigan Commission for the Blind let alone other state of Michigan agencies violate routinely as this very message in and of itself attests my and other's civil rights.
All of this is totally illegal, suppersisillious and totally nuts let alone a gross documentation of massive and intentional violations of civil rights of all people with disabilities for more than two decades and indeed prior to that.
Sincerely,
Paul Joseph Harcz, Jr.
cc: NFB MI
cc: MCB Commissioners
cc: Arwood, Farmer, et al LARA
cc: DOJ, \cc:OCR, Ed.
cc: several attorneys at law
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast (joeharcz at comcast.net)
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Duell, Elsie (LARA)
Sent: Friday, February 10, 2012 4:56 PM
Subject: FOIA Response to Request of 1-20-12 - Date of LARA ADA Coordinator
February 10, 2012
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: Date which Mr. Thomas became LARA ADA Coordinator
Dear Mr. Harcz, Jr.:
This letter is in response to your January 20, 2012, email request for copies of public records, received January 23, 2012. 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 that you described as: "Could you tell me the date in which Mr. Thomas became LARA ADA coordinator?" I have also attached a copy of the correspondence from which your question was generated.
Your request is denied as to existing, nonexempt records in the possession of the Department falling within the scope of your request. To the best of the Department's knowledge, information or belief no documents exist under that name or any other name reasonably known to the Department. We are unable to find a document stating or announcing Mr. Thomas' appointment to this position. In the spirit of cooperation, I can tell you that Mr. Thomas has performed this duty for more than 5 years.
Under MCL 15.240 of the FOIA you may (1) submit a written appeal regarding the denial of any portion of your FOIA request to Mr. 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, MI 48909. Your appeal notice must include the word "appeal" and state the reason(s) for reversal of the denial(s); or (2) you may 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 actions to be arbitrary and capricious, the court, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Michigan Commission for the Blind
Attachment:
1. Email of 1/20/2012 received 1/23/2012
cc: Patrick Cannon
Mel Farmer
Susan Turney
Elsie Duell
From: joe harcz Comcast <joeharcz at comcast.net>
Sent: Friday, January 20, 2012 10:46 AM
To: Haynes, Carla (LARA)
Subject: Re: Response to FOIA Request of 1-8-12
Hi Carla,
Could you tell me the date in which Mr. Thomas became LARA ADA coordinator?
Thanks,
Joe
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast (joeharcz at comcast.net)
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Duell, Elsie (LARA) ;
Luzenski, Sue (LARA)
Sent: Friday, January 20, 2012 9:45 AM
Subject: Response to FOIA Request of 1-8-12
January 20, 2012
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: Draft Minutes & Audio Recording(s) of December 20, 2011 Meetings,
et al
Dear Mr. Harcz, Jr.:
This letter is in response to your January 8, 2012, email request for copies
of public records, received on January 9, 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, a copy of
which is below.
Your request is granted as to existing, nonexempt records in the
possession of this department responsive to your request.
The draft minutes of the December 8 & 9, 2011, MCB Commission Board
Meeting were previously sent to you via email on January 13, 2012. The
draft minutes for the Michigan Commission for the Blind Commission
Meeting of December 20, 2011, are below and attached to this email.
Your request for a copy of Mr. Patrick Cannon's annual evaluation along
with the Commissioner's "scoring" of same and the letter sent to Mr.
Arwood in those regards (and copied to Governor Snyder) was also sent to
you in the same email on January 13, 2011.
Your request for an email sent by Mr. Patrick Cannon to Mr. Larry Posont
which you describe as: "blaming him for your continued violations of the
ADA, Section 504 and the Michigan Open Meetings Act in this regards"
does not exist to the best of the Department's knowledge, information or
belief under your description. I have attached an email Mr. Cannon sent to
Mr. Posont in regards to MCB Board Correspondence and Commission
minutes. This email is attached and below.
Your request for the name and address of the Michigan Department of
Licensing and Regulatory Affairs "ADA" coordinator and an accessible
copy of LARA's required grievance procedure is granted. Attached and
below is the State of Michigan, Department of Licensing and Regulatory
Affairs, Notice of Compliance with Title II of the Americans with Disabilities
Act. Mr. David Thomas is the LARA ADA Title II Coordinator and his
contact information is contained in this notice along with a complaint form.
You can also access this information on the web at
www.michigan.gov/lara, then go to the bottom of the page and click on
Filing a Complaint Under the Americans with Disabilities Act (ADA).
We will not charge for the cost of this FOIA but this does not prohibit us
from charging you or any other requestor for other requests.
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Michigan Commission for the Blind
Attachments:
1. Email of 1-8-12
2. Draft Minutes of December 20, 2011 MCB Comm. Board Meeting
3. Email of 1-6-12 from P. Cannon to L. Posont
4. SOM DLARA Notice of Compliance with Title II of the ADA
cc: Patrick Cannon
Mel Farmer
Susan Turney
Elsie Duell
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Sunday, January 08, 2012 2:51 PM
To: Cannon, Patrick (LARA)
Cc: Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott
MCB Comm.; nfbmi-
talk at nfbnet.org; Arwood, Steve (LARA); Robin Jones; Craig McManus
RSA; Elmer Cerano MPAS;
Richard Bernstein Esq
Subject: reiterated ada oma and related request info
ADA Request Once Again for Complete Draft Meeting Minutes and More
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net
To: Patrick D. Cannon
Director, Michigan Commission for the Blind
(Via e-mail)
Dear Mr. Cannon,
Once again I am requesting the required "draft meeting minutes" of MCB's
December 8, 9, and 20, 2011 board meetings with all information related to
them including your annual evaluation, the commissioners "scoring" of
same, the letters sent to Governor Snyder, Mr. Hilfinger, and Mr. Arwood
in those regards, and the e-mail you sent to Commissioner Posont blaming
him for your continued violations of the ADA, Section 504 and the
Michigan Open Meetings Act in this regards. Simply the OMA as you've
been apprised over and over again requires that this information is made
available to the public (and in fact commissioners) within eight working
days. This is not ambiguous. Moreover, as you know because I've
apprised you and you were the do nothing State of Michigan ADA
coordinator for years you, Mr. Cannon have a corollary responsibility to
make those required documents available in accessible format to blind
requesters without a surcharge and in a timely manner. As you also know
a failure to even respond to a request for accommodations is a violation in
and of itself and you've failed on that account too over and over again on
this request alone.
Thus again I'm requesting you remit this information forthwith as either
Word attachments and/or plain text enclosures to my e-mail address listed
above.
I also request once again that this information is posted in html format on
MCB's own web site and that this information is routinely posted on the
MCB 20/20 list serve just as you, personally do other information when it
suits your fancy.
If you need some technical assistance in this regards I'd be delighted to
comply. But I won't do the service to you or your scofflaw entity without
charging you for the services renderred. And I darn well won't pay for this
information or anything else that you and the agency are required to post
affirmatively in a variety of accessible formats let alone upon request (re:
Tyler v. Manhatten for affirmative obligations of Title II entities).
Moreover, I'm requesting the name, address and other contact information
for the required Michigan Department of Licensing and Regulatory Affairs
"ADA" coordinator and an accessible copy of LARA's required grievance
procedure.
Warmest Regards,
Paul Joseph Harcz, Jr.
Cc: MCB Commissioners
Cc: Arwood, S., LARA
Cc: RSA
Cc: Great Lakes ADA "TAC"
Cc: Elmer Cerano, NISH, MPAS
Cc: Richard Bernstein, Esq.
Cc: NFB MI
DRAFT
MICHIGAN COMMISSION FOR THE BLIND
SPECIAL COMMISSION MEETING
201 N. Washington Square
Victor Center Building
2nd Floor Conference Room
Lansing, MI
December 20, 2011
11:00 a.m. - 12:00 p.m.
VIA Conference Call
MINUTES
COMMISSIONERS PRESENT VIA TELEPHONE
Mr. Larry Posont Ms. Lydia Schuck
Mr. John Scott
COMMISSIONERS ABSENT
None (2 Commissioner vacancies currently exist)
MICHIGAN COMMISSION FOR THE BLIND STAFF PRESENT
Mr. Pat Cannon Ms. Sue Luzenski
GUESTS/ATTENDEES
Mr. Mike DeRose
GUESTS/ATTENDEES VIA TELEPHONE
Mr. Joe Sibley Mr. Joe Harcz
Mr. Joe Sontag Mr. Fred Wurtzel
CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM
Commissioner Larry Posont called the special meeting to order at 11:02
a.m. Roll call was taken and a quorum was present.
Discussion of 2012 Performance Objectives for Agency Director
Commissioner Schuck explained that she was trying to focus on
S.M.A.R.T. objectives: specific, measurable, achievable, realistic and time
oriented.
Objective 1
There was discussion about what information will be received by
Commissioners as the way the objective is stated is
vague. Commissioners stated they wanted to receive what was going to
be sent before it was sent not after.
Objective 1:
The Rehabilitation Services Administration (RSA) conducted its monitoring
review of the Commission in 2009 and submitted its final report to MCB
November 5, 2010. The final RSA report included eight findings which
require corrective actions by the agency and MCB staff will continue to
work with RSA's designated liaison on a regular basis for technical
assistance in the development of these actions and monitor
progress. RSA approved MCB's Corrective Action Plan (CAP), December
19, 2011, and has requested that MCB report quarterly progress on the
completion of corrective actions and specific steps taken to address
compliance findings, including the submission of any revised policies,
procedures, or implementing documents.
RSA has requested that MCB's first quarterly progress report be submitted
by April 15, 2012, with subsequent reports due July 15, 2012, October 15,
2012 and January 15, 2013, etc. until the CAP activities resolve the
findings identified. Accordingly, the agency director will also provide
quarterly updates to commissioners on interactions with RSA when the
information is sent to RSA on the 15th of April, July and October, 2012, and
post these reports on the MCB website.
Objective 2
Director Cannon stated that he is willing to explore the feasibility of
gathering of this data and clarified the role of the Consumer Involvement
Council (CIC). Objective 2 was not finalized and Commissioner Schuck
asked that this objective be revisited at a later date so the Director can
have an answer to exploring the feasibility of gathering this data. Mr. Mike
DeRose clarified that all parties are agreeing on Objective 2 but changes
will be made at the end of January when a list is created of what data can
be gathered. Director Cannon stated that the purpose of performance
objectives is to identify outcomes and expectations that the Director will be
held accountable for, the intention is not to micromanage the Agency.
Objective 2:
State Plan
In accordance with the Rehabilitation Act:
4.3 Consultations regarding the administration of the State Plan. (Section
101(a) (16) (B) of the Rehabilitation Act; 34 CFR 361.21)
The designated state agency takes into account, in connection with
matters of general policy arising in the administration of the plan and its
supplement, the views of:
(a) individuals and groups of individuals who are recipients of vocational
rehabilitation
In order to begin to create a system that promotes consumer involvement
and transparency of operations, MCB shall create some regular reports to
consumers. By the end of January the Commissioners will be presented
with a list of data that the Agency can provide on an ongoing regular
basis. The reports shall be clear and easy to understand Commissioners
request these: intakes/month/ytd, placements/month/ytd and % of goal for
year, beginning and ending balances for rehab, training center, and BEP
with % spent/ytd. Each report shall report cost /successful closure and
cost/unsuccessful closure. Each report shall be provided to the
Commission Board in an accessible format and posted on the MCB web
page in a conspicuous place. These reports shall be a beginning for a
more robust reporting system which will be enhanced in future Fiscal
years.
There was a discussion between Commissioners and Director Cannon
about the removal of a written objective regarding in-service trainings for
Commissioners. All parties agreed to not include in-service training as an
objective but know that if topics arise and there is training needed or
requested this can be done.
Objective 3
Director Cannon stated that staff training is an administrative responsibility
which the Director has to answer to the Department and
RSA. Commissioners said that staff training design may rise to level of
policy making.
Objective 3:
a) Continue the work of the agency's committee to review and improve
staff training, particularly training of new agency staff. The committee, led
by the agency's training coordinator, is balanced with a mix of relatively
new staff, longer-serving staff, both sighted and blind, managers, as well
as representation from the MCB Consumer Involvement Council (CIC), the
Michigan Council of the Blind and Visually Impaired (MCBVI) and the
National Federation of the Blind (NFB) of Michigan. The committee's work
includes a focus on enhancing the understanding of blindness and issues
facing blind persons, which is intended to assist staff in serving clients
most effectively.
- Compile and analyze the results of the December, 2011 survey of
new staff members since April, 2010, to identify unmet needs for
training and orientation of new staff and draw upon these
suggestions to improve the procedures.
- Review and analyze recommendations from Commissioners ad hoc
committee on training and draw upon these suggestions to improve
the procedures.
- Distribute new survey to new staff hired in 2012 at the beginning of
employment, then again in three or four months, to help ascertain
improvement achieved and apply PDSA principles to continuously
improve the training and orientation process.
b) The Director will develop an enhanced and expanded training protocol.
The progress on this initiative will be reported to Commissioners quarterly.
Objective 4
Discussion by all parties included agreement on the wording of this
objective and scheduling a future report by Susan Turney on the progress
of this objective.
Objective 4:
The Director shall oversee the development of an indexing system for all
Commission Board agendas, motions, policies and minutes to allow board
records to be searched by topic, date or keyword. The search tool, index
and all content will be searchable and accessible through the
Commission's website and via the telephone. Completion of this project
will be a performance objective and is expected to be complete by
9/30/2012.
Working with the MCB Image and Identity Team and the agency's
Communications and Outreach Coordinator, explore ways to expand and
improve the MCB Website to make it more accessible and user-friendly,
and increase the amount and frequency of programmatic, administrative
and budgetary information. The Image and Identity Team, comprised of
agency staff, consumers and stakeholders, will provide advice and
guidance to the agency webmaster at meetings in March and June, 2012,
and following implementation of accepted, manageable and prudent
proposals, the agency will report progress to Commissioners in September
and December, 2012.
There was a discussion about scheduling a future date to finish the
objective discussion and how many objectives are acceptable from human
resource standpoint.
PUBLIC COMMENT
Mr. Joe Sontag: This is Joe Sontag and believe it or not I'm not
going to say anything pointed about BEP this time. I just to say this time,
once again I just want to express how happy I am with the way this
Commission Board is functioning that we have a Board that is taking
charge sitting firm on the idea of being of service to blind people in the
State of Michigan and not just certain blind people and their friends or a
specific organization. And secondly, I just wanted to say that I very much
look forward to the day when we can stop having arguments about
information. We've been hearing for years about the level of transparency
in this organization and how it's the best in the country when it comes to
transparency and almost anything else that gets discussed for that
matter. Frankly we have a long way to go and I believe very strongly that
we get passed the point where we argue about information and how
frequently it can be produced, how frequently it should be produced, who
should get it, who shouldn't get it, we're going to be much farther ahead. I
can recall a time when as a kid just learning how these things worked I
could get anything I wanted that was legal to release to the public, just for
the asking. Just pick up a phone, go to the appropriate person and get
it. Now, now everythings, even information that I, as a participant in an
agency program should be entitled to by law, as a given in an accessible
format, I have to go through Freedom of Information Act or have to argue
with people about whether it is or isn't an FOI request and so forth. We
need to get passed that ladies and gentlemen. And finally, I just want to
say that in regard to the number of objectives I understand that the more
you tack on the more difficult it can be to comply or to meet the
objectives. I also understand that there are serious needs that have been
out there that have existed for a very long time that are only now beginning
to be seriously addressed. I say more important than the absolute number
of objectives is the dedication of the people on both sides of the table in
terms of meeting those objectives and serving, the people there charged
with serving rather than the absolute number. Thank you very much.
Mr. Joe Harcz: yes I'm going to echo a little bit of that, but you know I
would. Look, on that Objective number 2 I believe it was, since I don't
have it in front of me, these are already requirements under the Rehab
Act. To supply information related to the State Plan in a timely and
accessible format to Commissioners and Consumers, members of the
public. It's Pro Forma. We're going to have a new State Plan
update. That fiscal year's in July, you know. This information that's being
requested should, by law, be standard. This doesn't go to an internal civil
service objective, that's a requirement of the Rehab Act. The other thing is
when we have battles and somebody has to ask on a monthly basis for
things like draft meeting minutes that are required by law, rather than just
having them posted to a website that we already have and posted to the
MCB 2020 Listserve that's indicative of the problem. When we, we don't
have a lot of the consumer packet information, consumer or
commissioners don't get information in a timely manner to act on their due
diligence and that's been documented over and over and over again. We
do not follow the basics of the Americans with Disabilities Act or Section
504 in these regards. I get better information from other entities, from
private entities, in a more timely, more accessible manner. And generally I
just ask for simple email. The final thing on the communications issue
continually telephony is broken down in whole or in part. That happened
at the last Commissioners meeting and that happened the year before, you
can ask Ms. Pilarski about that. During the evaluation process there was
music coming through, there was 18 minutes of missing information and
that's an ongoing problem and an ongoing problem with effective
communications and access. The final thing and it goes back to
information nobody knows, nobody knows where the money is being spent
and we get excuses left and right. The Director is responsible, the agency
is responsible for administering federal funds and making those
expenditures available to the public, let alone to Commissioners. You
guys shouldn't be having to ask for that, there's nothing financially related
since June and that's up on the website and by the way that's not in a
Word file and that's not in HTML, that's in Excel files.
Mr. Fred Wurtzel: My first comment has to do with, well actually all
my comments have to do with the general attitude of the Director. The
Director is, at every turn, resisting providing information to consumers and
to the Commission Board and doing all he can to thwart and undermine
the actions of the Commission Board to do its job to set good policy for the
Michigan Commission for the Blind. It's a consumer driven organization
and he keeps continually resisting providing information. I think what both
the Joe's said is absolutely correct and I just find it amazing that a person
is being, their performance ratings and objectives are there and they're
being so belligerent in front of the people who are supposed to be setting
their performance standards and their performance objectives. I find it
insulting to Commissioners, I find it insulting to consumers the way that the
Director is behaving so belligerently on behalf of the agency. I find it to be
absolutely, amazingly incredible that the Director of the Agency does not
even know what information is available. He doesn't even know if he can
tell you how many intakes were made last month or how many people
were closed last month. Closures are what the agency is about. That is
the only reason that there is money given to the Michigan Commission for
the Blind. Might I remind you its over $20,000,000, I'm telling you $20
million with six 0's, and the Commissioner, the Director doesn't not even
know how to tell you how many closures there were in a given month. The
very job the agency is in business to do. I find this to be absolutely
dereliction of duties misfeasance and nonfeasance. It's amazing and it's
beyond the pale of what I can consider to be acceptable performance on
behalf of someone getting paid over $100,000 a year to manage a $20
million dollar budget. It's incredible. There seems to be a misconception
here about the Commissioners being in a position of recommending
things. Commissioners don't recommend things, the Commission is an
advisory board, the Commission is a policy setting board. I understand
about chain of command but there's no reason that the Commission board
cannot tell the Director the kind of programs it wants and how the kinds of
outcomes it wants and the Directors job is to go forth and do those
things. I don't think that Pat's continual attempt to undermine the authority
of the Commission Board should be accepted or condoned or allowed to
continue. Thank you.
Mr. Joe Sibley: Here again, this is my view and I don't, as I said at
the last Commission meeting I don't necessarily agree, I know all three of
you Board members and I know it was not your intention in the
performance evaluation of the Director to make it look like a "gotcha"
scenario, but I did want to make the case that I am hearing back publicly
both from people in my organization and not in my organization that there's
still a concept that the longstanding problem with the NFB members of
Michigan and the antagonistic view toward the Director that this is an
opportunity. I don't think that's the case, I believe you guys actually
evaluated everything carefully but I just wanted to say that, this public
comment, that I am hearing back on that, that would be the case. I do still
kind of disagree with your evaluation of the Director, I think the marks were
a little harsh. I think there are very positive things in the Director's
performance that need to be evaluated as well as the problems in the
Agency. I don't see him as an antagonistic person, I don't agree with
everything he does, and the way he does everything, of course not, but I,
and I think I'm in the minority on this call right now, but I want to say that I
do believe the performance evaluation of the Director was below, from my
viewpoint, of what he actually deserves. I still think we need to focus on
having a less antagonistic view from all consumers and all agency
staff. This goes to staff and to consumers and to clients have less
antagonistic us against them view and we need to really focus on how we
can reach a middle ground, reach compromise. I mean, our United States
Congress is not doing a very good job of that I think we have an
opportunity to work together, make compromises and find out what's the
best objectives. What's the best way to do things within budget, within
staff realistic available, what can they reasonably accomplish and also
accomplish in the goals that we need to accomplish. We really need to
focus on working better together and trying to develop a less antagonistic
view as we try to solve the problems with this agency. There are
problems, yes absolutely, we need to address them, but I say again, as I
keep hammering again and again, we need to talk to talk to each other and
we need to be less antagonistic. Thank you very much.
Commissioners and the Director set a next date to meet to discuss
the rest of the objectives on Tuesday, January 10, 2012 at 11:00 a.m. via
the telephone.
SCHUCK MOVED TO ADJOURN THE MEETING; SCOTT
SECONDED.
MOTION PASSED UNANIMOUSLY
The meeting adjourned at 12:14 p.m.
____________________________ ____________________
Larry Posont Date
From: Cannon, Patrick (LARA)
Sent: Friday, January 20, 2012 8:35 AM
To: Haynes, Carla (LARA)
Subject: FW: Terry Eagle's Board Correspondence
From: Cannon, Patrick (LARA)
Sent: Friday, January 06, 2012 11:09 AM
To: 'Larry Posont'
Cc: 'Lydia Schuck'; 'jscot at sbcglobal.net'; Luzenski, Sue (LARA); Brown,
Melanie (LARA)
Subject: Terry Eagle's Board Correspondence
Hi Larry,
This is a follow-up to Sue Luzenski's request to you for Terry Eagle's
correspondence to the board. As you'll recall, he appeared on the
December 8 meeting agenda under the heading of "Board
Correspondence" and spoke to commissioners on various topics and
reference his correspondence to the board. However, we do not have
anything in our files from him and we need you to send his
correspondence to Sue for at least two reasons. First, we need to
maintain files on such correspondence and, secondly, commissioners
asked that such correspondence be attached to the minutes of the
December Commission meeting.
While the draft minutes of the meeting have been written, we cannot
release them until we have Terry's letter to commissioners. Please
forward his referenced correspondence to Sue at your earliest
convenience.
Thanks,
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
?
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
NOTICE OF COMPLIANCE WITH
TITLE II OF THE
AMERICANS WITH DISABILITIES ACT
The Michigan Department of Licensing and Regulatory Affairs (LARA) does not
discriminate on the basis of disability in admission to, access to, or operations of
its programs, services or activities. This notice is provided as required by Title II
of the Americans with Disabilities Act (ADA) of 1990.
Questions, concerns, complaints or requests for additional information regarding
the ADA may be forwarded to the designated ADA Title II Coordinator.
Title: ADA Title II Coordinator
Office Address: 611 West Ottawa, Ottawa Building, 4th Floor
Lansing, MI 48909
Phone Number: 517-241-1449
E-Mail: THOMASD5 at Michigan.gov
Day / Hours available: Normal Business Hours
Individuals who need auxiliary aids for effective communication in programs and
services of the Department of Licensing and Regulatory Affairs are invited to
make their needs and preferences known to the ADA Coordinator.
This Notice is available in an alternative format from the Department ADA
Coordinator.
TITLE II OF THE AMERICANS WITH DISABILITIES ACT
COMPLAINT PROCESS NOTICE
NOTICE REQUIREMENTS
All Title II governmental agencies or entities are required to post notice informing
the public of its ADA responsibilities. "A public entity shall make available to applicants,
participants, beneficiaries, and other interested persons information regarding the
provisions of this part and its applicability to the services, programs, or activities of the
public entity, and make such information available to them in such manner as the head
of the entity finds necessary to apprise such persons of the protections against
discrimination assured them by the Act and this part" 28 CFR Section 35.106.
28 CFR Section 35.106 requires a public entity to provide enough information to
applicants, participants, beneficiaries, and other interested persons to inform them of
the rights and protections they have under the ADA and this regulation. Methods of
providing this information include, for example, the printing of the information in
handbooks, manuals, and pamphlets that are provided to the public to describe a
public entity's programs and activities; the display of informative posters in service
centers and other public places; or the broadcast of information by television or radio.
COMPLAINT PROCESS REQUIREMENTS
In compliance with the ADA, the Department of Licensing and Regulatory Affairs
(LARA) has designated David K. Thomas as the department ADA Coordinator. In
addition, Mr. Thomas has been designated as the ADA Title II (access to programs and
services) Coordinator. The ADA Coordinator will investigate any complaint it receives
that the department, or an agency or office within the department, is not following the
ADA, either by not providing services, or by actions that would be forbidden by the
ADA. The Department will provide the name, office address, and telephone number of
the designated is ADA Coordinator to any person requesting this information. LARA
has adopted and hereby publishing a complaint process that outlines fair and timely
resolution of complaints claiming any action that would be prohibited by Title II of the
ADA.
TITLE II OF THE AMERICANS WITH DISABILITIES ACT
COMPLAINT PROCEDURES
PROCEDURES
The ADA Complaint procedure is designed to informally resolve conflicts with
State agencies involving allegations of discrimination in access to state
government programs, services, and benefits for persons with disabilities under
Title II of the ADA.
Each state department has named a department/agency ADA Coordinator(s).
The first person you should contact in this procedure is the ADA Coordinator in
the division or department where you believe a problem has occurred under Title
II of the ADA. The ADA Coordinator may assign (designate) another person in
the department to work with you to resolve your complaint.
If you need assistance in filing or writing your complaint, the division or
department ADA Coordinator or designee will, at your request, help you locate
an impartial advocate or representative not associated with their agency. Please
specify any other reasonable accommodation you may require in order to
effectively communicate your complaint. The complaint form must be filled out
completely and filed with the division or department ADA Coordinator within 90
calendar days from the date of the alleged discriminatory action or practice.
Once you have completed the ADA Complaint Form on the next page, follow the
steps listed after the complaint form for filing your complaint. It is important for
you to keep copies of your original complaint, notifications or letters you receive
after meeting with the department/agency, as well as any other correspondence
or other documentation that is related to your complaint, and bring those copies
to all meetings, reviews, and appeals related to your complaint.
Title II of the Americans with Disabilities Act COMPLAINT FORM
Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on
page 3.
Complainant:
Address:
City, State and Zip Code:
Telephone: Home:
Business:
Person Making the Complaint:
(if other than the complainant)
Address:
City, State, and Zip Code:
Telephone: Home:
Business:
Agency which you believe has discriminated:
Name:
Address:
County:
City:
State and Zip Code:
Telephone Number:
When did the event occur? Date:
Describe the event providing the name(s) where possible for the individuals who were involved (use
space on page 3 if necessary):
Has the complaint been filed with the Michigan Department of Civil Rights, US Department of Justice or
any other Federal agency or court?
Yes______ No______
If yes:
Agency or Court:
Contact Person:
Address:
City, State, and Zip Code:
Telephone Number:
Date Filed:
Do you intend to file with another agency or court?
Yes______ No______
Agency or Court:
Address:
City, State and Zip Code:
Telephone Number:
Additional space for answers:
Signature: _________________________________________
Date: ________________________________
Return to:
ADA Title II Coordinator
Department of Licensing and Regulatory Affairs
Office Services Division
611 West Ottawa, Ottawa Building 4th floor
Lansing, MI 48909
STEPS FOR FILING YOUR Title II ADA COMPLAINT
Step 1: Fill Out and Deliver Your Complaint
Hand deliver or mail your complaint to the Department ADA Coordinator of the state agency
where you believe the discrimination occurred (David K. Thomas for LARA). If you need
assistance filling out the complaint form, you may request help through the Department ADA
Coordinator.
a) If you need a reasonable accommodation, such as an interpreter or an alternative format, list this
on your complaint form so the Department ADA Coordinator will be able to communicate
effectively with you at your meeting.
b) If the agency that you are working with has a different complaint procedure, please complete that
process before continuing this process.
Step 2: Meet with the Department ADA Coordinator
a) Within 10 business days after receiving your completed complaint, the department ADA
coordinator will meet with you personally, or contact you by telephone.
b) Within 5 business days after this meeting, a copy of your complaint, and a brief report of the
outcome of your meeting, will be forwarded to the State ADA Coordinator so that office is aware
a complaint has been filed.
Step 3: Resolution of Your Complaint
a) If a satisfactory resolution is reached, a written agreement will be jointly developed and signed
by you, the department ADA Coordinator and the director of the department/agency where the
complaint was filed. The agreement of resolution will be issued to you within 10 business days.
The written agreement will include:
1) A description of the complaint;
2) A finding of facts from the investigation of the complaint;
3) A description of how the complaint will be resolved;
4) When the complaint will be resolved;
5) An assurance that the department/agency will follow the specific terms of the agreement.
b) If the department/agency is unable to resolve the complaint with you, you will be notified of this non-
resolution within 10 business days. The notification will include:
1) A description of the complaint;
2) A summary of any resolution proposed;
3) A statement addressing the issues that were not resolved at the meeting.
Step 4: Request for Review by the Michigan Department of Civil Rights
If a satisfactory resolution is not reached through the department/agency, you may then request a review
of your complaint (appeal) by the Michigan Department of Civil Rights. Your request for review must be
made within 10 business days after you receive your notification of non-resolution. This appeal must
include a copy of your original complaint, as well as documentation from Step 3 b) failure to resolve your
complaint at the department/agency level.
Your request for review must be filed on the attached form.
REQUEST FOR REVIEW OF DEPARTMENT
ADA COMPLAINT DECISION
Name:
Mailing Address:
Telephone (work) (fax)
State Department/Agency complaint is with:
Detailed Statement of the Reason(s) for Your Request for Review of the
Decision Regarding Your Complaint:
NOTE: You MUST include a copy of your original complaint, as well as
documentation of the results of your meetings with the department/agency
coordinator, in order for this appeal to be considered by Michigan
Department of Civil Rights.
Signature Date
Carla Miller Haynes
DLARA 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
Carla Miller Haynes
DLARA 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
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