[nfbmi-talk] Fw: real conflicts of interests documented

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: mcb2020-L at LISTSERV.MICHIGAN.GOV 
Cc: Elmer Cerano MPAS ; TOM MASSEAU MPAS ; Craig McManus RSA ; Lynnae Ruttledge RSA Commissioner ; Steve Arwood LARA Dep ; Joe Sibley MCBVI Pres. 
Sent: Wednesday, November 16, 2011 1:11 PM
Subject: real conflicts of interests documented


The following was sent to me as a part of an ADA/504 request (after signature line). Now, the conflict of interest rules and laws state and federal have not been violated at all by Larry Posont as both NFB MI President and as some including former commissioner Taekens have implied, or indeed stated.



While complex Larry nor anyone including myself as a private party have violated these laws.



On the other hand there is more than ample evidence in the public domain that Patrick Cannon, other personnel of MCB and indeed parties in the public trust including community rehab agencies, the SILC, the MPAS and others have violated these and other standards of conflicts of interest laws.



There is no issue in fact or deed with affiliation herein or in other laws or rules. In other words President Posont represents no strict conflict of interest in serving both the public at large as commissioner and serving the NFB MI as it's state president. 



In fact Larry is honor bound and bound by the organizational structures of both, and more importantly state and federal laws to abide by duties to both.



Larry, unlike those in the state/nonp-profit system isn't benefiting from contractual relationships personally at all.



Unlike Cannon, a federal/state funded employee Larry does not receive a salary for his duties and unlike the likes of folks  in the system like Gwen McNeal, Ron Storing (Oakland Schools Commissioner and V.P. of New Horizons Rehabilitation Services Inc. and political contributor and MCB/MRS contract recipient) and New Horizons and all that ....which   represents co-mingling of state/federal benefits are not blurred one wit and do gain personally from these relationships, but on the contrary are in the public domain and represent a true conflict of interest by any standard of that term and by any law.





Note also that Storing as an elected  (of the Oakland Public Schools Board of Commissioners) representative and as a fiduciary and recapping of fed/state funds has a much higher standard for following these laws as does McNeal who receives her salary and who stands in direct conflict of interest serving these private/public interests by her mere presence on the Board of New Horizons let alone by other measures.



(Mr. Storing as a Commissioner of the Oakland County Schools and as a VP of New Horizons directly fvoted upon "cash match and other agreements with Gwen McNeal who acted in her official capacity while on the Board of New Horizons even after RSA cited them both and the agencies of both in the RSA Monitoring report albeit related to the Macomb ISD at the time...)... Oh man I know this gets 

 for "reversion to contractor" which effectively in lay terms ammounts to a "kick back" scheme in the strictest sense of that term.complicated but suffice it to say that public interests, funded by the state/federal taxpayer use and abuse authorities to engrandise themselves or their organizations whilst then claiming spurious "conflict of interest claims" against we consumers or unpaid consumer advocated. Moreover, since McNeal was as an employee of the State of Michigan and also a recipient and "Shepard" of federal VR funds I subject that she was also in violation of conflict of interest laws when she served on the Board of Lions World Services while simultaneously contracting with the same service through the benefit of state/federal funds for same,.







Shoot if Mr. Posont would be on the Board of OUB and contracted with MCB for transition services at Camp T while commissioner of MCB I, for one would be on him like frosting on cake let me tell you. Yet he, Mr. Posont took himself off of this board, rightfully while the hacks and cranks who do benefit materially and otherwise and at taxpayer's expense do not?



Incredible this is abuse of power and true conflict of interest here and I openly and publicly demand that Cannon and all sue me if these are not protected "First Amendment" claims or are not factual.



Go for it Cannon. Make my day..



The only ones in true conflicts of interest in law, equity and in fact are the state hacks who abuse authorities, in documented fashions in these regards and the non-profit or even for profit hacks who garner gain for their personal and self interests like say New Horizons, or Peckham.



Man, these fast and loose abuses of so-called "conflicts of interest" and "nepotism" drives me nuts.



I'd be the first to call out Mr. Posont if I thought  he was abusing his charge to wrongly benefit himself or NFB MI for that matter though I'm loyal to the mission of NFB MI. For you see I'm more concerned about public integrity and would again openly attack for lack of better words Larry or anyone for betraying the public trust if I thought it to be the case in Larry Posont's regard, but that is not the case here. It simply, is not. but rather the conflicts of interest laws have been violated over and over again by personnell of the State of Michigan, the MCB, and community Rehabilitation (non-profits) and in documented fasion. I again urge that those who think they migh be "defamed" by me, "Paul Joseph Harcz, Jr." try to use state and federal resources to sue me personally for defamation or other frivelous claims. Go for it once again Cannon, et al, try to sue me for these things. I dare you. I double dare you.



Go for it. Make my day.. This is not the case here and moreover, the conflict of interest is an extreme case of the pot calling the kettle black.



It is time long since time for MCB to account for its funding and its conflicted inter relarelationships with other entities of state government, local government (including school districts) and private providers like New Horizons and Peckham. These are all parties that gain personally from expenditures of the taxpayer's funds including mine and yours and the proverbial "man behind the tree". Cannon himself gains more than 125, 000 per year in the public domain annually. Robertson and McNeal garner more than $80,000 plus by public records for their role at the public trough. It is still murky honot how, but by how much the likes of private/public contractors like Storing and his minions benefit by these relationships.  Regardless such relationships are supposed to be public ahd accountable and they are not, let alone fully and accessibly accountable to we who are blind including watchdogs such as myself.



Accountability is the issue here, and not this or that allegation of inane "conflicts of interests" which are unfounded and truly defamatory against members of the blind community who gain nothing financially for themselves or even their parent organizations like myself or Larry.



These laws are for the protection of the taxpayer first. For the integrity of programs second. And they are not the willy nilly and corrupted playground of those like Cannon and others who think of MCB as a sort of personal ATM machine. In fact these conflict of interest laws are to the contrary.



Moreover, for a person who hasn't even received a four year degree in anything I think Cannnon is very ill suited to be his own best counsel let alone one making these and other arbitrary determinations for the state of Michigan.



The law is the law and never should be arbitrary and capricious at least in any democratic-republic.



Sincerely,



Paul Joseph Harcz, Jr.



DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CONFLICT OF INTEREST POLICY

BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES AND COMMITTEES

 

SECTION ONE

All persons serving as members and designated alternate members of any Board, Commission, Agency, Authority and/or Committee (hereinafter a “Board” or “Boards”) within the Department of Licensing and Regulatory Affairs (“LARA”) are public officials who have been appointed by the Governor and who have taken the constitutional oath of office.  As public officials, Board members shall perform their official duties in a manner that is consistent with the LARA Code of Conduct and the conflicts of interest laws of the State of Michigan, which, as may be applicable to a particular Board member, include the following:

·        Article 4, section 10 of the Michigan Constitution of 1963

·        Michigan Incompatible Public Office Statute, MCL 15.181 et seq.

·        Conflicts of Interest Statute, MCL 15.301 et seq.

·        Michigan Contracts of Public Servants with Public Entities Statute, MCL 15.321 et seq. ( hereinafter, “Public Servant Act”)

·        Standards of Conduct For Public Officers and Employees (“State Ethics Act”), MCL 15.341 et seq.; and

·        Executive Orders 2003-1 and 2003-19.

SECTION TWO

In addition to the requirements set forth above, with respect to contracts, grants or loans, the Board’s conflict of interest policy shall be as follows:

Any contract, grant or loan that is approved by the Board, and which is entered into or awarded to a entity that has a Board member who is a member, director, officer or employee of the entity, is not a contract, grant or loan prohibited under applicable conflicts of interest law, if all of the following occur:

1.        Except as otherwise provided in Section 3(3) of the Public Servant Act, MCL 15.323(3), the affected Board member abstains from participating in any discussion or vote on the contract, grant or loan; and

2.        The affected Board member promptly discloses the pecuniary, contractual, business, employment or personal interest in the contract, grant or loan as may be required, and in the manner provided, by the statutory requirements set forth in Section One. Any such disclosure, if required by law, shall simultaneously be made to the Director of LARA; and

3.        The disclosures, affidavit and actions required by Section 3 of the Public Servant Act, MCL 15.323, if applicable, are made and fulfilled with any required disclosure and/or affidavit being simultaneously delivered to the Director of LARA.

                        

                                                                                          

     
      
           
        
 















DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CONFLICT OF INTEREST POLICY

BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES AND COMMITTEES

 

SECTION ONE

All persons serving as members and designated alternate members of any Board, Commission, Agency, Authority and/or Committee (hereinafter a “Board” or “Boards”) within the Department of Licensing and Regulatory Affairs (“LARA”) are public officials who have been appointed by the Governor and who have taken the constitutional oath of office.  As public officials, Board members shall perform their official duties in a manner that is consistent with the LARA Code of Conduct and the conflicts of interest laws of the State of Michigan, which, as may be applicable to a particular Board member, include the following:

·        Article 4, section 10 of the Michigan Constitution of 1963

·        Michigan Incompatible Public Office Statute, MCL 15.181 et seq.

·        Conflicts of Interest Statute, MCL 15.301 et seq.

·        Michigan Contracts of Public Servants with Public Entities Statute, MCL 15.321 et seq. ( hereinafter, “Public Servant Act”)

·        Standards of Conduct For Public Officers and Employees (“State Ethics Act”), MCL 15.341 et seq.; and

·        Executive Orders 2003-1 and 2003-19.

SECTION TWO

In addition to the requirements set forth above, with respect to contracts, grants or loans, the Board’s conflict of interest policy shall be as follows:

Any contract, grant or loan that is approved by the Board, and which is entered into or awarded to a entity that has a Board member who is a member, director, officer or employee of the entity, is not a contract, grant or loan prohibited under applicable conflicts of interest law, if all of the following occur:

1.        Except as otherwise provided in Section 3(3) of the Public Servant Act, MCL 15.323(3), the affected Board member abstains from participating in any discussion or vote on the contract, grant or loan; and

2.        The affected Board member promptly discloses the pecuniary, contractual, business, employment or personal interest in the contract, grant or loan as may be required, and in the manner provided, by the statutory requirements set forth in Section One. Any such disclosure, if required by law, shall simultaneously be made to the Director of LARA; and

3.        The disclosures, affidavit and actions required by Section 3 of the Public Servant Act, MCL 15.323, if applicable, are made and fulfilled with any required disclosure and/or affidavit being simultaneously delivered to the Director of LARA.