[nfbmi-talk] official mcb board correspondence for next meeting

Mon Nov 28 15:32:58 UTC 2011

RESOLUTION 2011-01
RESOLUTION RELATED TO PROGRAM ACCESS AND MCB

WHEREAS, all Vocational Rehabilitation entities, including the Michigan Commission for the Blind, (MCB) have long ago been required to provide “program access” to all the facilities it uses on a daily basis and to hold hearings, meetings and events in fully accessible facilities, even to the point of signing assurances with the Rehabilitation Services Administration annually that it does fully comply with these long-standing obligations; and

            WHEREAS, one of those long-standing requirements was, and is to have raised character Braille signage mounted on every permanent room, nearest the latch side of each door in accordance with American with Disabilities Act Guidelines (3.40.1, 4, 5, and 6); and

            WHEREAS, all such barriers were to have been removed under the required ADA transition plan by no later than July 26, 1995, yet exist to this very day in most, if not all, facilities used by the MCB; and

            WHEREAS, Patrick D. Cannon was the former Chair of the United States Access Board which establishes the standards of the ADAAG, the State of Michigan ADA Coordinator responsible for implementation and the Director of MCB responsible for full compliance and knowingly so; and

            WHEREAS, the ADA and Section 504 of the Rehabilitation Act are civil rights laws requiring affirmative action; and therefore these inactions by Cannon constitute not only gross dereliction of known duties and deliberate indifference to these civil rights laws, but also must be considered malicious and intentional acts of mass discrimination; and

            WHEREAS, members of, and indeed the entire state affiliate of the National Federation of the Blind of Michigan, have promoted the full application of these requirements repeatedly over the years along with documenting violations; and

            WHEREAS, the NFB-MI has long promoted Braille, including its use in the built environment, for reasons obvious to all:

            NOW THEREFORE, be it resolved by the National Federation of the Blind of Michigan in convention assembled this 6th day of November, 2011 in the City of Kalamazoo, Michigan that forthwith the NFB-MI lodges a formal Complaint with the Office of Civil Rights (OCR) in the United States Department of Education, along with supporting documentation, on behalf of all its members, and indeed all people who are blind in the State of Michigan, against Patrick D. Cannon, individually, and against the Michigan Commission for the Blind as an entity; and

            BE IT FURTHER RESOLVED that as a part of this Complaint, the NFB-MI urges OCR to promptly enforce our individual and collective civil rights and to make the class whole as its charge.

RESOLUTION 2011-02
RIGHT TO DUE PROCESS ADMINISTRATIVE HEARINGS

            WHEREAS, all entities of State and local government are required to follow the effective communications requirements of the Americans with Disabilities Act of 1990, including the obligation to affirmatively, let alone upon request, remit information sin alternate formats to people who are blind; and

            WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires that all recipients of federal funds provide auxiliary aids and services to those who are blind; and

            WHEREAS, the United States Supreme Court found in Tennessee v Lane that state and local courts are not immune from these obligations and, indeed, have high responsibilities in these regards, for lack of access fundamentally denies “due process and equal protection under the law”; and

            WHEREAS, the Michigan Administrative Hearing Systems (MAHS) is both a Title II entity, federal fund recipient and an administrative law program where blind Business Enterprise Program participants and advocates, as well as others, routinely appear to seek justice and receive due process and equal protection under laws, including Public Act 260 of 1978 as well as major aspects of the Rehabilitation Act; and

            WHEREAS, MAHS, in documented fashion and principals therein, have denied advocates and respondents who are blind repeatedly information in accessible formats and in a timely manner; and

            WHEREAS, these are systemic, chronic, pervasive and fundamental violations of the civil rights of all Michigan citizens who are blind, as a class, by failure to act affirmatively in these regards; and

            WHEREAS, the Michigan Commission for the Blind has also been complicit in not only ensuring that MAHS follows these laws, but rather, has repeatedly violated these very same provisions of the law in these administrative proceedings which are in and of themselves conscious and malicious acts of discrimination perpetuated repeatedly against numerous blind individuals;

            NOW THEREFORE, be it resolved by the National Federation of the Blind of Michigan in convention assembled on November 6, 2011 in the City of Kalamazoo, Michigan that forthwith, the National Federation of the Blind of Michigan will lodge a Complaint against the Michigan Department of Licensing and Regulatory Affairs (MAHS’s parent), MAHS, and The Michigan Commission for the Blind within the United States Department of Justice, Civil Rights Division, Disability Rights Section, and the civil rights office of the United States Attorney in the Eastern District of Michigan.

            AND BE IT FURTHER RESOLVED that the NFB-MI will seek any legal support in these matters from other resources, including our National office.

RESOLUTION 2011-03
COMMISSION BOARD ADMINISTRATIVE SUPPORT

            WHEREAS, over the years, the Michigan Commission for the Blind Board has received quality secretarial and administrative support; and

            WHEREAS, notwithstanding this support, it is inappropriate for the Commission Board to co-mingle administrative support with that of the Commission Director; and

            WHEREAS, the Rehabilitation Act clearly calls for separate and independent administrative support staff directed and controlled by the Board; and

            WHEREAS, the Michigan Commission for the Blind Board in its September 2011 meeting passed a unanimous motion to establish separate clerical support for the Board;

            NOW THEREFORE, BE IT RESOLVED that the National Federation of the Blind of Michigan in convention assembled this 6th day of November, 2011 in the City of Kalamazoo, Michigan

 that this organization calls upon the Michigan Commission for the Blind to take all appropriate, affirmative and expeditious steps to secure adequate and appropriate secretarial and administrative support as called for in the Rehabilitation Act, and adequate enough to assist the Michigan Commission for the Blind board in carrying out its duties and responsibilities; and

BE IT FURTHER RESOLVED that this organization commends the Michigan Commission for the Blind Board for taking action to establish separate secretarial and support services.

RESOLUTION 2011-04
MICHIGAN COMMISSION FOR THE BLIND MINUTES

            WHEREAS, the Michigan Commission for the Blind has been in operation since 1978; and

            WHEREAS, until the repressive present regime, the commission met approximately eleven (11) times per year and is responsible to develop policy which affects blind Michigan citizens; and

            WHEREAS, it is very difficult to ascertain all relevant Commission policy pertaining to any specific topic or related topics; and

            WHEREAS, open and transparent government and the efficient operation of the Commission Board call for ready access to all policies and related discussions;

            NOW THEREFORE, be it resolved by the National Federation of the Blind of Michigan in convention assembled this 6th day of November, 2011 in the City of Kalamazoo, Michigan that this organization call upon the Commission Board to enact policies to organize a searchable public database of Commission motions and minutes that is available to Commissioners, staff and the public via the internet.

RESOLUTION 2011-05
EFFECTIVE COMMUNICATIONS AND THE MICHIGAN COMMISSION FOR THE BLIND

            WHEREAS, Title I of the Rehabilitation Act of 1973 requires that all Vocational Rehabilitation agencies, including the Michigan Commission for the Blind (MCB) communicates effectively through “appropriate modes of communication: with all customers; and

            WHEREAS, Title II of the Americans with Disabilities Act of 1990 (Subpart e, Communications) requires that all entities of State and local government provide information to all people who are blind in their most effective format and in a timely manner, including, of course, all those engaged with the Michigan Commission for the Blind; and

            WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires the same; and

            WHEREAS, it has been documented over the years that MCB does not, in all cases, remit timely materials in Braille, audio, electronic, or large print even after continued requests from customers, Business Enterprise Program licensees and members of the public who are blind; and

            WHEREAS, these documented and ongoing breaches of civil rights laws delay, deny and otherwise inhibit delivery of required services and “due process and equal protection” under these laws and thus constitute systemic, chronic and pervasive acts of discrimination against people who are blind in the State of Michigan; and

            WHEREAS, the National Federation of the Blind of Michigan is the leading advocate for the rights of all the blind of Michigan, and believes such violations of the law by the MCB denies blind persons of their right to equal access and such violations could be readily corrected by the MCB;

            NOW, THEREFORE, BE IT RESOLVED by the National Federation of the Blind of Michigan in convention assembled this 6th day of November, 2011 in the City of Kalamazoo, Michigan that the National Federation of the Blind of Michigan files a Complaint forthwith to the United States Department of Education’s Office of Civil Rights against the Michigan Commission for the Blind detailing the chronic acts of discrimination and demanding prompt compliance with all applicable laws in these regards.

RESOLUTION 2011-06
NATIONAL FEDERATION OF THE BLIND OF MICHIGAN

            WHEREAS, the National Federation of the Blind of Michigan is an affiliate of the National Federation of the Blind, the oldest and largest organization of all the blind in the country; and

            WHEREAS, the National Federation of the Blind of Michigan is actively involved in many activities that improve the lives of blind people in Michigan, including civil rights, advocacy, the education of blind children and adults, good training and job placement for the blind, information and technology access; and

            WHEREAS, the Michigan Commission for the Blind Business Enterprise Program (BEP) operates a phone information line called the Operator Information Exchange Line which is supported with state and federal funds and is designed for the purpose of providing useful information to BEP operators; and

            WHEREAS, the National Federation of the Blind of Michigan attempted to place an announcement about its up-and-coming annual State Convention on the Operator Information Exchange Line for the BEP operators in Michigan; and

            WHEREAS, management of the BEP, without permission from the Federation’s representative, edited out the portion of the announcement which contained information about the state convention and only included information about the NFBM Merchants division training seminar; and

            WHEREAS, a second submittal about the convention was rejected outright by BEP management; and

            WHEREAS, BEP management subsequently admitted denial of our announcement on this Information Exchange Line which is supported by federal and state funds because such information was available elsewhere; and

            WHEREAS, to our knowledge there are no known laws, rules, policies or guidelines restricting the placement of information on the operator information exchange line; and

            WHEREAS, such censorship is a violation of our first amendment rights to free speech; and

            WHEREAS, such blatant discrimination of the NFBM by a state employee is a violation of our right to public access;

            NOW THEREFORE, BE IT RESOLVED by the National Federation of the Blind of Michigan in convention assembled this 6th day of November, 2011 in the city of Kalamazoo, Michigan that this organization condemns and deplores such discriminatory action on the part of Michigan Commission for the  Blind BEP management; and

BE IT FURTHER RESOLVED that sanctions be placed on the employees responsible for such behavior; and

            BE IT FURTHER RESOLVED, that this organization takes all necessary steps to stop this discriminatory behavior of BEP management, including the Michigan Commission for the Blind establishing a written policy instructing all staff that such discriminatory actions against the NFBM in the future will not be tolerated.

RESOLUTION 2011-07
CHALLENGE EXPERIENCES

            WHEREAS, successful, quality rehabilitation for the blind includes such mandatory skills as Braille, Cane Travel, Daily Living Skills, Technology, and Manual Arts; and

            WHEREAS, these skills represent a minimum, or can be considered, core competencies for a person to become prepared to live successfully in the world as a blind person; and

            WHEREAS, in order to fully benefit from these skills each person must have a philosophic view of blindness which encompasses these skills plus an intrinsic belief in oneself which informs an approach to life based on confidence and empowerment; and

            WHEREAS, successful rehabilitation programs include “challenge experiences” that require the student to aggregate and consolidate the individual skills to accomplish a goal that challenges and stretches the students’ self-image as a blind person.  Examples of such experiences include rock climbing, water skiing, sky diving, participation in large social events such as state fairs, Marde Gras, etc.; and

            WHEREAS, the Michigan Commission for the Blind Training Center (MCBTC), in response to student demand, created a marksmanship challenge activity which served the ambient cultural needs of Michigan’s outdoor hunting and sports environment; and

            WHEREAS, this marksmanship program was aborted in a drastic and destructive manner brutally repressing the spontaneous self-empowerment of blind people who were exercising their self-empowerment, thus undermining and stunting the full possibilities of a quality rehabilitation program; and

            WHEREAS, now that the misguided, mean and regressive actions to repress the positive goals of the National Federation of the Blind as expressed in positive and progressive rehabilitation administration have been repudiated and shown for what they are, anti-consumer and anti-NFB; and

            WHEREAS, it is now time to resume progress toward progressive, positive and creative rehabilitation that empowers blind people and creates an environment of encouragement and high expectation leading to personal freedom and confidence which will therefore lead to success in vocational and community pursuits; and

            WHEREAS, the MCBTC must assume its rightful role as the planning, organizing and motivating engine within the Michigan Commission for the Blind rehabilitation programs;

            NOW THEREFORE, BE IT RESOLVED by the National Federation of the Blind of Michigan   in convention assembled this 6th day of November 2011 in the City of Kalamazoo, Michigan

 that this organization demands in the strongest terms possible that the Michigan Commission for the Blind Board take immediate and affirmative steps to enable the MCBTC to develop signature challenge programs reflective of the unique environment and needs in Michigan and that they reflect the diverse interests of Michigan citizens; and

            BE IT FURTHER RESOLVED that the Board act in its December meeting to initiate a planning process that will produce a plan for creative and effective challenge activities to be presented to the Commission for consideration in the March 2012 board meeting that incorporates the philosophical and skill building requirements as cited above; and

            BE IT FURTHER RESOLVED that the Board incorporate this planning and implementation of an acceptable challenge program into the MCB Director’s Performance Plan for 2012, and that the Board monitor progress towards this goal and take appropriate action if the goal is not achieved; and

            BE IT FURTHER RESOLVED that this organization demands the reinstatement of the marksmanship class at the MCBTC.

RESOLUTION 2011-08
NEW HORIZONS

            WHEREAS, Gwen McNeal has been on the Board of Trustees of New Horizons since 2010; and

            WHEREAS, the Michigan Commission for the Blind (MCB) through McNeal, continues to do business with New Horizons to this date including contracting for evaluations and engages New Horizons personnel on other cash match agreements, including one with Oakland County Schools; and

            WHEREAS, in the Rehabilitation Services Administration’s (RSA) 5-year Monitoring Report, RSA found that the Michigan Commission for the Blind, the Macomb Intermediate School District, and New Horizons Rehabilitation Services engaged in an illegal “cash match” agreement whereby New Horizons kicked in funds for federal match, and then received a no-bid contract (see Finding 6); and

            WHEREAS, MCB Regional Manager Gwen McNeal was the responsible agent for this and even gave an award to New Horizons in 2008; and

            WHEREAS, this, by any reasonable definition, constitutes a conflict of interest between this MCB Regional Administrator and a Community Rehabilitation Program; and

            WHEREAS, this clearly violates state ethics guidelines and may well be a violation of state and federal laws;

            NOW THEREFORE, BE IT RESOLVED   by the National Federation of the Blind of Michigan in convention assembled this 6th day of November 2011 in the City of Kalamazoo, Michigan

 that the National Federation of the Blind of Michigan abhors this sort of apparent conflict of interests; and

            BE IT FURTHER RESOLVED that forthwith NFB-MI informs, in writing, Rehabilitation Services Administration, the Office of the Inspector General in the United States Department of Education, and the Michigan Attorney General’s Public Integrity Office about this situation and requesting a thorough investigation into these and other practices.

RESOLUTION 2011-09
COLLEGE POLICY/MEANS TEST

            WHEREAS, the Michigan Commission for the Blind has a history of requiring college students who receive Social Security benefits to financially participate in the cost of their vocational rehabilitation services as documented in the 2009 Monitoring Report issued by the Rehabilitation Services Administration; and

            WHEREAS, this is illegal under the Rehabilitation Act of 1998 regulations to ask college students who receive Social Security benefits to financially participate in the cost of their rehabilitation services; and

            WHEREAS, the Michigan Commission for the Blind was asked to revise this specific policy by the Rehabilitation Services Administration to comply with federal laws and procedures; and

            WHEREAS, the Michigan Commission for the Blind spent a considerable amount of time changing and updating the entire college student policy without specifically addressing the issue of asking college students who receive Social Security benefits to financially participate in the costs of their vocational rehabilitation services; and

            WHEREAS, the Michigan Commission for the Blind insisted on creating a Means test as a part of this new college policy; and

            WHEREAS, the Michigan Commission for the Blind refuses to revise agency policies and procedures regarding the vocational rehabilitation services it provides to college students to comply with federal laws and procedures; and

            WHEREAS, the lack of revising and implementing policies and procedures for providing vocational rehabilitation services to college students that comply with federal laws and procedures is a direct reflection of the lack of leadership provided to the Michigan Commission for the Blind through the agency director;

            NOW, THEREFORE, BE IT RESOLVED by the National Federation of the Blind of Michigan in convention assembled this 6th day of November 2011 in the City of Kalamazoo, Michigan,

 That this organization calls upon the Michigan Commission for the Blind to immediately cease and desist the use of any Financial Needs Form that requires the financial participation of any college student and creates a Means test for college students who receives Social Security benefits; and

            BE IT FURTHER RESOLVED that this organization calls upon the Michigan Commission for the Blind Board of Directors to seek appropriate disciplinary action, up to and including, the termination of the agency director based upon his inability to adopt and implement policies and procedures for administering vocational rehabilitation services to college students that adequately reflect federal laws and procedures.