[nfbmi-talk] Fw: FOIA Response - Access to Public Hearings etc.

Thu Jul 19 15:12:51 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) 
Sent: Thursday, July 19, 2012 9:56 AM
Subject: FOIA Response - Access to Public Hearings etc.

July 19, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  Access to Public Hearings

Dear Mr. Harcz, Jr.:

This email is in response to your July 8, 2012, email request for copies of public records, received on July 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 as:  "I am writing you both today to request all documents related to basic ADA and section 504 (Rehab Act) compliance with the requirements to:

1. Make all facilities used by the current Commission for the Blind fully compliant with the program access, new construction and alteration requirements of both the ADA, Title II and Section 504 of the Rehabilitation Act of 1973.

2. Ditto for all requirements to make the facilities used for upcoming public hearings relative to the State Plan fully accessible in accordance with the above mentioned laws and the Americans with disabilities Act Accessibility Guidelines.

3. Ditto for meeting affirmatively all requirements for notice including in "appropriate modes of communications" the public hearings denoted and to begin with tomorrow, also all affirmative provisions required to effectively communicate with the blind, deaf and blind/before at such meetings including of course again notices. ((Re: Tyler v. Manhattan, re: Title II, 

FOIA Response - P.J. Harcz, Jr.

July 19, 2012

Page 2 of 3

ADA, effective communications, re: "auxiliary aids and services provisions of Section 504)."

Your request is granted as to existing, nonexempt information in the possession of this department responsive to your request.  Your request is very broad in scope and I am unsure as to what specific information that you are requesting.  In the interest of disclosure, I am including the following documents which were readily available within a time period that would not generate a cost to produce.

The first document is the State of Michigan's ADA Policy #1650 which is attached.

The second document (attached) is the Department of Licensing and Regulatory Affairs, Employee Handbook, General Policies, Accessibility Meetings (G01) section.

The third document is an email detailing where notices of the State Plan Meetings were sent to media outlets and consumer groups.

The above documents are provided as they were readily accessible to produce.  In order to do a thorough search for all documents related to ADA and Section 504 (Rehab Act) subject matter, further research will need to be done by an employee with expertise in this area.  We estimate that a minimum of 4 hours of employee time must be drawn away from their respective duties and assignments to search, locate and retrieve records to determine if they are responsive to your request.  For this reason, the Department pursuant to MCL 15.234, Section 4(3) of the FOIA, has determined that failure to charge a fee in this particular instance will result in unreasonably high costs to the Department.  The estimated costs to process this request, based on the hourly wages (including fringe benefits) of the lowest paid Department employee capable of performing the necessary search is $130.56

FOIA Response - P.J. Harcz, Jr.

July 19, 2012

Page 3 of 3

Therefore, in order to complete the processing of your request, based on the hourly wages of the lowest paid Department employee capable of performing the tasks to process the request, under MCL 15.234., Section 4(2) of the state's FOIA, the Department requires a good faith deposit of $65.28, which is one-half of the total estimated $130.56.  See the attached invoice for calculations illustrating estimated costs and payment instructions.

After receipt of the good faith deposit and upon completing the process of your request, the Department will notify you in writing of any balance due and payable (or owed you) before copies of the requested records are forwarded to you; and will explain any statutory basis for the exemption of any records in or in part, and your remedial rights.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments: 

1.      Email of 7-8-12

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

          Christopher Lautner

State of Michigan 

Administrative Guide to State Government 

POLICY 1650 Accessibility and Reasonable Accommodations 

Issued: September 19, 2007 

Revised: March 28, 2012 

SUBJECT: 

Accessibility and Reasonable Accommodations. 

APPLICATION: 

Executive Branch Departments and Sub-units. 

PURPOSE: 

To comply with the Americans with Disabilities Act (ADA) of 1990, as amended; Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; the State Deaf Persons' Interpreters Act (P.A. 204 of 1982, amended 2007); and the Michigan Persons with Disabilities Civil Rights Act (P.A. 220 of 1976}; this policy defines Department's 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 and Subunits. 

Note: This policy does not apply to Department of Corrections prisoners. 

CONTACT AGENCY: Department of the State Employer (OSE} 

400 S. Pine Street

Lansing, MI  48913

TELEPHONE: 517-373-7400

FAX: 517-373-3771 

Department of Civil Rights 

110 W. Michigan Avenue, 8th Floor 

Lansing, Ml48913 

517-335-3165 

TTY: 517-241-1965

FAX 517-241-0546 

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 useable to the requestor, unless this process would result in a fundamental alteration in the nature of a program or activity or an undue financial or administrative burden. 

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 reasonable accommodations will be provided upon request with advance notice. This 

1 of2 

includes, but is not limited to, meetings open to the public, conferences, educational events, press conferences and staff training. 

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, Sign Language 

interpreted, 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 Technology, Management and Budget (DTMB), E-Michigan Web Development. 

REFERENCES: 

Americans with Disabilities Act (ADA) of 1990, as amended, (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 (P.A. 204 of 1982, amended 2007) (MCL 339.501. et. seq.}. 

Michigan Persons with Disabilities Civil Rights Act (P.A. 220 of 1976) (MCL 37.1101, et. seq.). 

State of Michigan Accessibility Resource Guide can be found on the DTMB Internet. 

*** 

Administrative Guide to State Government 

Procedure: 1650 Revised: 3/28/2012 

2of2 

LARA 

Licensing and Regulatory Affairs

Customer Driven. Business Minded

Effective Date: 09-12-2011 

Policy #: G-01 

Supersedes: 3-31-05 

Subject: 

Meeting Accessibility Page: 1 of 4 

PURPOSE 

The Department of Licensing and Regulatory Affairs (LARA) plans and sponsors meetings and events attended exclusively by LARA staff as well as those attended by individuals and organizations outside the department. In addition, LARA plans portions of and co-sponsors meetings and events with other organizations and individuals outside the department. In keeping with federal and state disability rights laws, it is the intent of this policy to standardize the department's planning of and participation in meetings and events to ensure accessibility for all participants. 

POLICY 

LARA sponsored Meetings and Events 

Events and meetings planned and sponsored entirely by LARA will be accessible, whether attended by LARA staff, individuals from outside the department, or both. This policy includes but is not limited to meetings open to the public, conferences, educational events, press conferences, staff training and retreats. "Accessible" means that all who are qualified to attend will be able to attend, participate in all activities, and have access to information in the needed alternative formats in a timely manner that allows full participation during the event. At a minimum, the site will be barrier-free, and additional accommodations will be provided upon request with advance notice. 

Event announcements should be made sufficiently in advance or at least the number of days necessary to receive and respond to requests for accommodations. These announcements should include a statement similar to the following: 

"The meeting site is accessible, including handicapped parking. Individuals attending the meeting are requested to refrain from using heavily scented personal care products, in order to enhance accessibility for everyone. People with disabilities requiring additional accommodations such as information in alternative formats in order to participate in the meeting should contact the LARA Office Services, Americans With Disabilities Act 

coordinator." 

LARA 

Licensing and Regulatory Affairs

Customer Driven. Business Minded

Effective Date: 09-12-2011 

Policy #: G-01 

Supersedes: 3-31-05 

Subject: 

Meeting Accessibility Page: 2 of 4 

Meetings and events planned and sponsored by others outside LARA 

When LARA staff participates in an event planned and/or sponsored by another organization, the portion of the event presented by LARA staff should be accessible, and LARA staff will advocate for accessibility and provide technical assistance to increase accessibility at the entire event. 

A LARA bureau participating in the meeting or event is responsible for implementing this policy. Questions on this policy may be directed to LARA Office Services, Americans with Disabilities Act (ADA) Coordinator. 

PROCEDURES 

These procedures and resources pertain to meetings and events sponsored and planned in whole or in part by the Department of Licensing and Regulatory Affairs (LARA). These procedures will be revised and updated as approved by the LARA ADA Coordinator. 

Meeting/Event Planning Procedures 

1. Know your audience. Do you know all the persons (and their abilities) coming to the event? Is it an event only for those invited or registered, or is it an event open to the public without pre-registration? If you know the audience, this will help with planning, but remember that (for example) anyone could suddenly need to use crutches on a temporary basis. If people register for your event, you have the opportunity for them to alert you to their accommodation needs and you can provide precisely what is requested. Otherwise, you need to prepare for the unknown by having an accessible site, materials on hand in alternative formats and a sign language interpreter if needed. 

2. 

Site selection. If possible, the bureau planning the meeting or event should conduct an onsite visit of the location or proposed location to determine accessibility, including factors such as parking, meeting rooms, elevators, restrooms, and others which may have an effect on participation in the event. If it is not possible for bureau staff to do an on-site visit, staff from a partner rganization (such as one of Michigan's Centers for Independent Living) may be 

LARA 

Licensing and Regulatory Affairs

Customer Driven. Business Minded

Effective Date: 09-12-2011 

Policy #: G-01 

Supersedes: 3-31-05 

Subject: 

Meeting Accessibility Page: 3 of 4 

able to provide information about the proposed location based on a visit or past experience. 

3. Transportation, parking and getting into and around the facility. Think about approaching your event or meeting from private automobiles, taxis, or public transportation. Any barriers in the event location? Are there enough accessible parking spaces for the event? Any security issues that require advance 

arrangements for guest parking? Are there accessible paths of travel (with ramps, curb cuts and elevators where needed) from the parking area to meeting rooms to restrooms to other sites for the event, including a minimum 36 inches of clearance through doorways for the path of travel. 

4. Access statement. In press releases, advertisements, publications and other information about the event, include a statement such as this: 

"The meeting site is accessible, including handicapped parking. Individuals attending the meeting are requested to refrain from using heavily scented personal care products, in order to enhance accessibility for everyone. People with disabilities requiring additional accommodations such as information in alternative formats in order to participate in the meeting should contact the LARA Office Services, Americans With Disabilities Act coordinator." 

Before sending this out, it is important to verify that the site actually is accessible and that there is adequate handicapped parking as estimated for your event. The deadline for requesting additional accommodations or alternative formats must allow time for participants to find out about the event and for you to respond to requests. If there isn't time to receive and respond to specific requests for accommodations, staff need to be prepared for any accommodation need. 

LARA 

Licensing and Regulatory Affairs

Customer Driven. Business Minded

Effective Date: 09-12-2011 

Policy #: G-01 

Supersedes: 3-31-05 

Subject: 

Meeting Accessibility Page: 4 of 4 

5. Have a generous timeline. Publicize the meeting early enough (10 days in advance recommended) for people needing accommodations to request them, and for you to provide them. Know when people will actually receive the meeting announcement. 

6. Seating. Designate barrier-free seating locations for people with disabilities dispersed throughout the seating area. Have adequate open spaces for individuals using wheelchairs, seats with a clear view of sign language interpreters for people who are deaf, and seating close to the podium or stage for individuals with limited vision. Room layout should allow full participation in planned activities. For example, if activities require moving from table to table, allow enough space between tables for people using a wheelchair or mobility aids. 

7. Accessible information throughout the event. This includes speeches, PowerPoint and other presentations, flip charts, hand-outs, films, videos and other information. For example, accommodations may include sign language interpreters, assistive listening systems, and/or real-time captioning for individuals who are deaf or hard of hearing. People who are blind or visually impaired may need materials in alternative formats such as large print, Braille, audiotape, and/or a computer disc. The information should be available during the event, and not sent after the fact. 

From: Lydia Schuck [mailto:laschuck at juno.com]  

Sent: Wednesday, July 11, 2012 12:43 PM 

To: Turney, Susan (LARA) 

Subject: Re: press information for public meetings

Thanks for the quick reply, Susan.  One thing we might try in the future would be to have counselors send email announcements to their clients.  Just a thought.  Sounds like you hit a lot of places.  I did see it on the MCB front page, wondered if other clients would have seen it.  Thanka again.  Lydia

On Wed, 11 Jul 2012 12:28:21 -0400 "Turney, Susan (LARA)" <turneys at michigan.gov> 

writes:

On July 2, we sent a news release regarding the public meetings to all Michigan media, which consists of approximately 360 print, online, and broadcast media outlets.  We also posted the public meeting information on the front page of the MCB website and sent it to Newsline, NFB Michigan, MCBVI, and all MCB commissioners.  

Media outlets aren't required to publish or air this information, because there's no longer a requirement for media to run a certain amount of unpaid public service announcements as there once was.  I haven't seen any news articles published yet, but I don't have access to professional news monitoring software that would guarantee I find every article.  

Let me know if you have any other questions.

Sincerely,

Susan Turney

Communications & Outreach Coordinator, Michigan Commission for the Blind

Michigan Department of Licensing and Regulatory Affairs 

desk:  517-241-8631; cell: 517-243-3858; 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

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

From: Lydia Schuck [mailto:laschuck at juno.com]  

Sent: Wednesday, July 11, 2012 9:58 AM 

To: Turney, Susan (LARA); jcscot at sbcglobal.net; president.nfb.mi at gmail.com; 

laschuck at JUNO.COM; Cannon, Patrick (LARA); luzenski at michigan.gov 

Subject: press information for public meetings

Hi Susan, I noticed yesterday that all of the individuals who commented had been at the last commission meeting, so they knew to keep looking for the dates to be announced.  But then I wondered whether the meeting was announced or advertised in the press or on radio/TV public service spots.

Could you let me know where the meeting was announced?  A quick google search of 

Escanaba and Gaylord didn't give me any hits on the public comment, either, so I wondered where those were announced.  Thanks, Susan.  

Lydia

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN COMMISSION FOR THE BLIND

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

REQUEST RECEIVED:  July 8, 2012

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  No

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Partial Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator (517) 373-0194, Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

"I am writing you both today to request all documents related to basic ADA and section 504 (Rehab Act) compliance with the requirements to:

1. Make all facilities used by the current Commission for the Blind fully compliant with the program access, new construction and alteration requirements of both the ADA, Title II and Section 504 of the Rehabilitation Act of 1973.

2. Ditto for all requirements to make the facilities used for upcoming public hearings relative to the State Plan fully accessible in accordance with the above mentioned laws and the Americans with disabilities Act Accessibility Guidelines.

3. Ditto for meeting affirmatively all requirements for notice including in "appropriate modes of communications" the public hearings denoted and to begin with tomorrow, also all affirmative provisions required to effectively communicate with the blind, deaf and blind/before at such meetings including of course again notices. (Re: Tyler v. Manhattan, re: Title II, ADA, effective communications, re: "auxiliary aids and services provisions of Section 504)."

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

                   Number of Hours: 4 times Hourly Rate: $32.64 = Amount: $130.56

          Examining and Extracting Cost:  

                   Number of Hours: 0 times Hourly Rate: $32.64 = Amount:  $0

TOTAL LABOR:           $130.56

POSTAGE (estimate):          $0

DUPLICATING:  Number of Pages times Copying Rate of $.25        $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0

SUBTOTAL:       $130.56

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       $0 (not requested)

INVOICE TOTAL:        $130.56

DEPOSIT* $65.28

BALANCE TO BE PAID:      $65.28

Make check or money order payable to:         STATE OF MICHIGAN

Remit to:              Department of Licensing and Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat from this amount.

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Sunday, July 08, 2012 3:15 PM
To: Zimmer, Mike (LARA); Robin Jones; Peter Berg
Cc: Cannon, Patrick (LARA); nfbmi-talk at nfbnet.org; lydia Schuck MCB Comm.; John Scott MCB Comm.; Larry Posont MCB Comm.; Craig McManus RSA; Susan Fitzmaurice; Luke Zelley TDN; Leigh Campbell-Earl ; Joe Sibley MCBVI Pres.; MARK CODY; OCR Cleveland Office; Sally Conway USDOJ; Richard Bernstein Esq; Egan, Paul; Marisa Shultz Detroit News; Rosemary Parker Kalamazoo Gazette; Mark Finnegan; steve gold
Subject: access to public hearings etc

July 8 2012 ADA 504 Etc. Request

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris Rd.

Mt. Morris, MI

To:

Patrick D. cannon

Former Director Michigan Commission for the blind

Michael Zimmer Current dictator Michigan commission for the blind

Via e-mail

Mr. Cannon and Mr. Zimmer,

I am writing you both today to request all documents related to basic ADA and section 504 (Rehab Act) compliance with the requirements to:

1. Make all facilities used by the current Commission for the Blind fully compliant with the program access, new construction and alteration requirements of both the ADA, Title II and Section 504 of the Rehabilitation Act of 1973.

2. Ditto for all requirements to make the facilities used for upcoming public hearings relative to the State Plan fully accessible in accordance with the above mentioned laws and the Americans with disabilities Act Accessibility Guidelines.

3. Ditto for meeting affirmatively all requirements for notice including in "appropriate modes of communications" the public hearings denoted and to begin with tomorrow, also all affirmative provisions required to effectively communicate with the blind, deaf and blind/before  at such meetings including of course again notices. ((Re: Tyler v. Manhattan, re: Title II, ADA, effective communications, re: "auxiliary aids and services provisions of Section 504).

These public hearings are invalid on their face as they violate fundamentals of the aforementioned laws and the constitutional guarantees that they are based upon.

Send me, a blind person all of these things in accessible format (re: do it as a simple word document which my screen reader can read prior to aforementioned meetings.)

Sincerely,

Paul Joseph Harcz, Jr.

Cc: NFB MI

Cc: OCR, Ed.

Cc: DOJ

Cc: several attorneys at law

Cc: RSA

Cc: MRC

Cc: MCB Commissioners

Cc: MCBVI

Cc: several media outlets

Carla Miller Haynes

LARA Michigan Commission for the Blind

201 N. Washington Square, 2nd Floor

P.O. Box 30652

Lansing, MI  48909

Telephone:  517-373-2063 or Toll-Free 1-800-292-4200

Fax:  517-335-5140

www.michigan.gov/mcb

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