[nfbmi-talk] FW: Policy Making Board Question -- Powers and Dutiesof the Michigan Commission for the blind According to PublicAct 260 of 1978.docx
joe harcz Comcast
joeharcz at comcast.net
Thu Nov 3 00:48:28 UTC 2011
Hi Fred,
Thank you for this. Frankly I thought it was ludicrous to respond with a
citation to a person in the upper echelons of MCB such as the highly paid
Bob Robertson about this issue at all. Not a blame on you at all for doing
so by the way. But, a certified CRC as Robertson is and a top administrator
who is highly paid as he is should be more than intimate not only with PA
260 but also the Rehab Act which sets all other rules and witch funds and
establishes MCB to begin with. In fact it is a part of his, Robertsons's job
description and sworn obligations and duties.
I find it absolutely incredible and again nothing on you Fred, that such an
administrator with such known charges and duties and obligations and
training and pay could even ask such a question about this issue.
It is like a judge asking lay people what the rules of the court are while
sucking up a federal paycheck. It is like a major league umpire asking the
crowd for their interpretation of the rules. It is simply ludicrous and
actually nuts.
Over and over again these jokers and I use that term kindly are like umpires
that call foul balls home runs. they just make stuff up as they go along and
they get paid for that too with no accountability and no truth telling. and
then they arrogantly dump upon the very customers they are entrusted with
giving a future and/or those in the public blind or sighted including you
and I and even RSA arrogantly scoffing at the law and their own obligations.
then they in the upper echelons like Robertson and Cannon blame the victims
of their taxpayer funded perfidy over and over again for pointing out that
the Emporer is indeed buck naked.
(That is a reference to the "naked Emporer" by the way which is a classic.)
Regardless, as blind people we have the right to access our government and
to demand accountability, transparency and accountability just as sighted
folks do of governmental entities. In fact we have the right to demand that
of every aspect of government, state, local, and federal.
The insult upon insult here is that these scofflaws take the money and run
and then denigrate the very people they are entrusted to serve as public
servants.
It is simply like derelict or malfeasant public school administrators not
accounting for their actions and then blaming parents, students, or other
citizens for calling them into account.
By any standard these are not just insults against those of us who are blind
but against the citizens of Michigan, and the citizens of these United
States of America.
Further they denigrate and defile the very programs they are entrusted and
paid to administer which is a gross violation of the public trust and
denigrates in the eyes of some the very programs, services and benefits most
of us fight for in the first place.
I'm sorry that I'm so assertive and straight forward but these folks
ultimately are evil, selfish and offenders of law and equity.
I can't state differently for facts are facts.
If a robber dressed himself up as a politician and then took monies
dedicated for certain things under false pretenses he would still be a
robber.
In this case we have robbers of the hopes, dreams, aspirations and the
advancement of blind folks here in Michigan.
We've been robbed by these upper Administrators starting right at the top by
Cannon over and over again.
Frankly it makes me weep at the evil and not just pure mistakes or
malfeasance that he and upper echelons like Robertson perperpretate upon
the very people they are dedicated and funded to serve in accordance with
law that any Fifth Grader can read in precise detail, blind or sighted.
I am outraged at the evil in not only intent but documented actions even in
these words of the likes of Robertson here.
Man, we don't have much to prove that there is an anti-law, anti-consumer
climate within this Soviet style apparatchik under the direct direction of
Cannon.
I'm of course speaking for myself but this is more like a criminal
enterprise to me than it is a rehabilitation entity.
As an aside why don't they teach blind folks real productive things like how
to "shake and bake" federal grants in ten easy Lessons. Or how to talk
baseball and teach driving to sighted personnel while on the payroll of the
MCB and while not figuring out how to do simple e-mail, let alone Braille in
a timely manner?
Or maybe they in the upper echelons of ersatz MCB should teach classes in
how to avoid its basic reportingresponsabilities with RSA over years. Not
months but years mind you!
What violators of the law these sick folks are. And they blame we the blind
for their circumstances over and over again? How aagain arrogent that is!
It is sick. It is twisted. And I cannnot call it better than that.
----- Original Message -----
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, November 02, 2011 8:00 PM
Subject: [nfbmi-talk] FW: Policy Making Board Question -- Powers and
Dutiesof the Michigan Commission for the blind According to PublicAct 260 of
1978.docx
>
>
>
>
> From: Fred Wurtzel [mailto:f.wurtzel at att.net]
> Sent: Wednesday, November 02, 2011 7:59 PM
> To: Michigan Comm for the Blind Vision 20/20 List
> (MCB2020-L at LISTSERV.MICHIGAN.GOV)
> Subject: Policy Making Board Question -- Powers and Duties of the Michigan
> Commission for the blind According to Public Act 260 of 1978.docx
>
>
>
> Hello Bob and list,
>
>
>
> Attached and pasted below is a point by point analysis of P.A. 260. All
> of
> the "shalls" are policy making powers. The word regulate with regard to
> the
> Business Enterprise Program is a clear policy making role. Further, under
> the Rehabilitation Act, the Board has federal responsibilities to assure
> that services are consistent with federal law. So, the Board has the
> authority to set policy for -MCB. this authority flows from the
> Rehabilitation Act and from the Governor's office as provided for in P.A.
> 260.
>
>
>
> Warm Regards,
>
>
>
> Fred
>
>
>
> Powers and Duties of the Michigan Commission for the blind:
>
> According to Public Act 260 of 1978
>
>
>
> Introduction
>
>
>
> This document is prepared to provide a quick reference guide to anyone
> interested in the powers and duties of the Michigan Commission for the
> blind. All excerpts are directly from the text of the law as found on the
> Michigan Commission for the Blind web page. Some changes may have
> occurred
> during spell checking, though reviews of this document did not appear to
> have any substantive differences. The word "shall" is directive and in
> the
> context of a power or duty is compulsory. The word "may" is permissive
> and
> in the context of a power or duty allows the Commission Board to determine
> whether or not to perform the power or duty. There are a few occurrences
> of
> the word shall and may which are part of a sentence and are not either
> permissive or compulsory and those instances are omitted for simplicity
> sake.
>
> Purpose:
>
>
>
> The legislature mandated the following 6 purposes of the law as follows
> (numbers added):
>
>
>
> Public Act 260 Blind and Visually Handicapped Persons Act 260 of 1978
>
>
>
> 1. AN ACT to revise and codify the laws relating to blind persons
> and
> visually handicapped;
>
> 2. to create a commission;
>
> 3. to prescribe its powers and duties and those of other state
> agencies relative to blind persons;
>
> 4. to provide services, education, training, and assistance to blind
> persons;
>
> 5. to regulate concessions operated by blind persons;
>
> 6. To transfer powers, duties functions, and appropriations; and to
> repeal certain acts and parts of Acts.
>
>
>
> Notice the word "regulate" with regard to number 5, vending facilities or
> concessions. Regulate is a strong word in administrative law terms.
>
>
>
> 393.351 Definitions
>
>
>
> No shalls in this section, however every definition could be considered a
> shall since each definition limits how the Commission will determine such
> things as eligibility and scope of services.
>
>
>
> Sec. 1. As used in this act (each item is enumerated by a letter):
>
> (a) "Blind person" means an individual who has a visual acuity of 20/200
> or
> less
>
> In the better eye with correction, or has a limitation of his or her field
> of vision
>
> such that the widest diameter of the visual field subtends an angular
> distance not
>
> greater than 20 degrees, as determined by the commission.
>
> (b) "Commission" means the commission for the blind.
>
> (c) "Concession" means equipment or location which is being used, or may
> be
> used
>
> to sell retail confections, tobaccos, papers, periodicals, and other like
> merchandise,
>
> coffee, milk, soft drinks, wrapped ice cream, wrapped sandwiches, wrapped
> baked goods,
>
> packaged salads and other similar food items. Concession includes the
> operation of
>
> "quickie lunch counters" for the dispensing of prepared foods in state
> buildings
>
> and vending facilities.
>
> (d) "Department" means the department of labor.
>
> (e) "Director" means the director of the commission.
>
> (f) "Vending facility" means an automatic vending machine, cafeteria,
> snack
> bar,
>
> cart service, shelter, counter, or any other appropriate auxiliary
> equipment
> as the
>
> commission may prescribe by rule as being necessary for the sale of
> articles
> or services
>
> described in this act and which may be operated by a blind licensee.
>
>
>
> Note: Item "F" clearly states that the Commission may define services
> through rule -making to clarify services and facilities. This includes
> regulations with regard to catering and coffee services.
>
>
>
> Shalls:
>
>
>
> This document will list, in order of occurrence in the act, those things
> mandated by law that the Commission must do as indicated by use of the
> word
> "shall." (Each major section is indicated. Numbering is added).
>
>
>
> 393.352 Commission for blind; creation; appointment of members;
> chairperson;
> appointment
>
> and evaluation of director of commission; terms, compensation, and
> expenses
> of members;
>
> officers; quorum.
>
>
>
> 1. Three of the members shall be blind persons.
>
> 2. . One of the members shall be designated by the governor to serve
> as the chairperson.
>
> 3. The commission shall recommend to the director of the department a
> person to serve as director of the commission
>
> 4. from a list of eligible persons certified and submitted by the
> department of civil service who shall be classified as a civil service
> employee,
>
> 5. Should that person be rejected, the procedure shall be repeated
> until a director is appointed.
>
> 6. The commission shall evaluate the performance of the director
> annually and submit its evaluation and recommendations to the director of
> the department.
>
> 7. The members shall serve for terms of 3 years except of those
> members
> first appointed, 2 shall serve for terms of 3 years, 2 for 2 years, and 1
> shall serve for 1 year. *(see footnote)
>
> 8. A vacancy shall be filled in the same manner as the original
> appointment for the
>
> Balance of the unexpired term.
>
>
>
> 9. The compensation and the schedule of reimbursement of expenses
> shall be established
>
> annually by the legislature.
>
> 10. The members shall elect their own officers as necessary.
>
>
>
> 393.353 Services for determining cause and prevention of blindness;
> examination to
>
> certify statutory blindness; treatment; cost; contract to provide eye
> examinations.
>
> 1. The commission shall establish and maintain services as needed
> for
> determining the cause and prevention of blindness.
>
> 2. When a blind or partially blind person can be benefited by
> treatment, the commission shall arrange for the necessary treatment, with
> the consent of the person, by an ophthalmologist or physician skilled in
> the
> diseases of the eye, a licensed optometrist, or both.
>
> 3. An examination shall be provided without charge to the applicant
> for services to
>
> the blind.
>
> 4. Unless other funds are available, the examination, and treatment
> if
> provided,
>
> Shall be paid for by the commission.
>
>
>
> 393.354 Services to assist visually handicapped persons; fee; duties of
> commission
>
> generally.
>
> 1.
>
>
>
> Sec. 4. (1) The commission shall maintain a program of services to assist
> visually
>
> Handicapped persons to overcome vocational handicaps and to obtain the
> maximum degree
>
> of self-support and self-care. Services provided for under this section
> may
> be furnished
>
> to clients from other agencies of this or other states for a fee which
> shall
> not
>
> be less than the actual costs of the services.
>
> (2) The commission shall:
>
> (a) Furnish diagnostic evaluation to determine the nature and scope of
> services to
>
> be provided.
>
> (b) Provide physical restoration to eliminate or minimize the effects of
> the
> handicap.
>
> (c) Provide for special education or training in the professions,
> businesses, or
>
> trades under a vocational rehabilitation plan.
>
> (d) Provide services to blind persons in accordance with the
> rehabilitation
> act of
>
> 1973, 29 U.S.C. 701 to 794.
>
> (e) Establish, construct, or maintain rehabilitation centers, training
> centers, or
>
> workshops to teach visually handicapped persons to prepare for and
> maintain
> trades
>
> or occupations when the training is feasible and will contribute to the
> efficiency
>
> or support of the visually handicapped persons.
>
> (f) Provide teacher-counselor services and teaching of subjects which will
> assist
>
> visually handicapped persons in the ease and enjoyment of daily living.
>
> (g) Place visually handicapped persons in jobs or business enterprises in
> accordance
>
> with the abilities and interests of the applicant.
>
> (h) Teach visually handicapped persons trades or occupations which may be
> followed
>
> in their homes and to assist them in whatever manner may seem advisable in
> disposing
>
> of the products of their home industries.
>
> (i) Aid individual visually handicapped persons or groups of visually
> handicapped
>
> persons to engage in gainful occupations by furnishing materials,
> equipment,
> goods
>
> or services to them, by providing financial assistance as necessary to
> encourage
>
> and equip them to reach an objective established with them by the
> commission.
>
> (j) Provide rehabilitation services for blind persons who are senior
> citizens so
>
> that they may reside within a community.
>
> (k) Provide other rehabilitative goods and services as appropriate to each
> individual
>
> circumstance.
>
>
>
> 393.355 Additional duties of commission.
>
> Sec. 5. The commission shall do all of the following:
>
> (a) Cooperate with other departments, agencies, and institutions, both
> public and
>
> private, in providing for the rehabilitation of blind persons, in studying
> problems
>
> relative to blind persons, and in establishing, developing, and providing
> necessary
>
> programs, facilities and services.
>
> (b) Enter into reciprocal arrangements with other states to provide for
> the
> rehabilitation
>
> of residents of the states concerned.
>
> (c) Conduct research and compile statistics relating to the rehabilitation
> of blind
>
> persons.
>
> (d) Provide social adjustment, guidance, counsel, mobility training, and
> employment
>
> adjustment of blind persons in their home communities.
>
> (e) Provide surveys of employment opportunities for blind persons and the
> placement
>
> of blind persons in employment not otherwise provided for.
>
> (f) Regulate concessions reserved for operation by blind persons pursuant
> to
> this
>
> act.
>
> (g) Promulgate rules pursuant to Act No. 306 of the Public Acts of 1969,
> as
> amended,
>
> being sections 24.201 to 24.315 of the Michigan Compiled Laws, for the
> implementation
>
> and administration of this act.
>
>
>
> 393.356 Employment and duties of educational consultants; informing
> commission of
>
> schools with visually handicapped students; liaison and program
> coordination.
>
>
>
> 1. Educational consultants shall assist public and private school
> teachers by providing
>
> methods and materials for teaching visually handicapped students.
>
> 2. The superintendent of public instruction shall inform the
> commission of the schools in which visually handicapped students are
> enrolled.
>
> 3. The director or a person designated by the director shall be the
> liaison between
>
> the commission, the schools for the blind, and the superintendent of
> public
> instruction,
>
> 4. The director or a person designated by the director shall be the
> liaison
> between
>
> the commission, the schools for the blind, and the superintendent of
> public
> instruction,
>
> and shall coordinate all programs affecting blind students.
>
>
>
> 393.357 Contributions or gifts; acceptance; expenditure; stipulation of
> donor.
>
>
>
> Contributions and gifts shall be expended
>
> as provided by law, in the same manner as moneys appropriated for
> implementing the
>
> purposes of this act.
>
>
>
> 393.359 Concessions in state buildings or on state property; operation by
> blind persons;
>
>
>
> 1. A concession in a building or on property owned or occupied by this
> state
>
> shall be operated by a blind person, regardless of race, creed, color,
> sex,
> marital
>
> status, or religious preference, except in cases provided for in section
> 10.
>
> 2. The building division of the department of management and budget
> shall submit plans relative to concessions in state buildings or on state
> property to the commission, which 3. Shall have the final authority
> relative to the location of concessions.
>
>
>
> 393.360 Act inapplicable to certain concessions; sighted person operating
> concession
>
> under contract or lease, or operating concession not applied for by blind
> person.
>
>
>
> . (1) This act shall not apply to a concession operated in connection with
>
> the state fair, with the use of state fairgrounds, with a state
> educational
> institution,
>
> state penal institution, military establishment, armory, or state park.
>
> (2) A sighted person operating a concession under contract or lease at the
> time this
>
> act becomes effective shall not be required to surrender the rights before
> the contract
>
> or lease expires.
>
>
>
> 393.361 Concessions; qualifications of applicant; limitation on number.
>
>
>
> 1. The qualifications of an applicant to operate a concession shall
> be
> determined
>
> according to qualifications established by the commission.
>
> 2. A blind person shall not operate more than 1 concession.
>
>
>
> 393.362 Contract or lease of veteran with service-connected disability not
> affected.
>
>
>
> This act shall not be construed to affect the contract or lease of world
>
> war I, world war II, Spanish-American war, Korean conflict, or Vietnam era
> conflict
>
> veteran having a service-connected disability recognized by the veterans'
> administration
>
> of the federal government, or a renewal of that contract or lease.
>
>
>
>
>
> 393.363 Implementation of Randolph-Sheppard vending stand act.
>
>
>
> The commission shall be the state agency for implementing the
> Randolph-Sheppard
>
> vending stand act, 20 U.S.C. 107 to 107f.
>
>
>
> 393.364 Identification card; issuance; contents
>
>
>
> (1) Upon request, the department of state shall issue to legally blind
> persons,
>
> as defined by the standards of the commission, an identification card
> attesting to
>
> the fact that the person to whom the card is issued is legally blind.
>
> (2) The identification card shall bear the name, signature, birth date,
> address,
>
> and photograph of the person to whom issued.
>
>
>
> 393.365 Conducting business at public meeting; notice; availability of
> writings to
>
> public
>
>
>
> (1) The business which the commission or any committee appointed under
> this
>
> act may perform shall be conducted at a public meeting of the commission
> or
> committee
>
> held in compliance with Act No. 267 of the Public Acts of 1976, being
> sections 15.261
>
> to 15,275 of the Michigan Compiled Laws.
>
> 3. Public notice of the time, date, and place of the meeting shall
> be
> given in the manner required by Act No. 267 of the Public Acts of 1976.
>
>
>
>
>
> 4. A writing prepared, owned, used, in the possession of, or
> retained
> by the commission
>
> in the performance of an official function shall be made available to the
> public
>
> in compliance with Act No. 442 of the Public Acts of 1976, being sections
> 15.231
>
> to 15.246 of the Michigan Compiled Laws.
>
>
>
> 393.368 Effective date.
>
>
>
> This act shall take effect October 1, 1978.
>
>
>
> Mays
>
>
>
> In the language of regulatory matters, the word "may" is permissive. In
> other words, the Commission is not required to carry out the function or
> service unless it so chooses. The same format will be employed for the
> mays
> as the shalls in that each section with at least 1 may will be listed and
> then the item will be quoted. If there is more than 1 may in a section,
> they will be numbered in order of occurrence.
>
>
>
> 393.352 Commission for blind; creation; appointment of members;
> chairperson;
> appointment
>
> and evaluation of director of commission; terms, compensation, and
> expenses
> of members;
>
> officers; quorum.
>
>
>
> 1. (when the commission board recommends a Commission Director) the
> director of the department may appoint or reject that person
>
>
>
> 393.353 Services for determining cause and prevention of blindness;
> examination to
>
> certify statutory blindness; treatment; cost; contract to provide eye
> examinations.
>
>
>
> 1. The examination to certify statutory blindness
>
> may be performed by either an ophthalmologist or physician skilled in the
> diseases
>
> of the eye; or a licensed optometrist, whichever the person shall select.
>
> (2) The commission may contract with the department of social services or
> the department
>
> of public health to provide eye examinations for applicants for aid to the
> blind.
>
>
>
> 393.354 Services to assist visually handicapped persons; fee; duties of
> commission
>
> generally.
>
>
>
> 1. Services provided for under this section may be furnished
>
> to clients from other agencies of this or other states for a fee which
> shall
> not
>
> be less than the actual costs of the services.
>
>
>
> 2. The commission may furnish living maintenance during the period
> of
> the education or training within or without the state.
>
>
>
> 393.356 Employment and duties of educational consultants; informing
> commission of
>
> schools with visually handicapped students; liaison and program
> coordination.
>
> Sec. 6. (1) The commission may employ qualified educational consultants to
> assist
>
> public or private school teachers responsible for teaching visually
> handicapped students.
>
>
>
> 393.357 Contributions or gifts; acceptance; expenditure; stipulation of
> donor.
>
>
>
> 1. . The commission may accept contributions or gifts in cash or
> otherwise from
>
> persons, associations, or corporations.
>
> 3. The donor of the gift may stipulate the manner in which the
>
> gift shall be expended within the guidelines of this act.
>
>
>
> 393.358 Powers of commission pursuant to state-federal agreements.
>
> 1. The commission, pursuant to state-federal agreements, may cooperate
> with
>
> the federal government in carrying out the purposes of a federal statute
> or
> regulation,
>
> not in conflict with state law, which pertains to rehabilitation of blind
> persons;
>
> 2. may adopt methods of administration, not in conflict with state
> law, which are necessary for the proper and efficient operation of the
> agreements or plans for rehabilitation of blind persons; and
>
> 3. may comply with conditions, not in conflict with state law,
>
> which are necessary to secure the full benefits of federal statute.
>
>
>
> 393.360 Act inapplicable to certain concessions; sighted person operating
> concession
>
>
>
> (1) A sighted person operating a concession under contract or lease at the
> time this
>
> act becomes effective shall not be required to surrender the rights before
> the contract
>
> or lease expires.
>
> (2) A sighted person operating a concession which has not been applied for
> by a blind
>
> person may be permitted to continue in charge until the concession is
> applied for
>
> and a qualified blind person is chosen to operate the concession.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *More than 1 shall is in item 7, since only the first shall is relevant
> since the initial appointments have already been made.
>
>
>
>
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