[nfbmi-talk] the monitor article

[joe harcz Comcast]

I agree. I was not being negatively critical at all. It was and is an 
excellent article.

Best,

Joe
----- Original Message ----- 
From: "Larry D. Keeler" <lkeeler at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Thursday, October 06, 2011 8:15 AM
Subject: Re: [nfbmi-talk] the monitor article


> Well, Joe, I really liked it because it went straight to the point with no 
> bias.  Just the facts!  Noone can accuse MR. Wonder of being hot headed or 
> anything else!  Eben those nice players should have nothing to complain 
> about!
> ----- Original Message ----- 
> From: "joe harcz Comcast" <joeharcz at comcast.net>
> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
> Sent: Thursday, October 06, 2011 7:42 AM
> Subject: Re: [nfbmi-talk] the monitor article
>
>
>> Indeed it was a very good article and captured a lot of what has been 
>> going on. Of course no article can even come close to capturing the 
>> breadth and depth of the true disaster on every front that MCB has become 
>> under Cannon, and his cronies.
>>
>> In fact there isn't a day that goes by where the very laws that create 
>> and fund MCB are not broken as a course of events, let alone other 
>> binding laws like the ADA, the Freedom of Information Act and the Open 
>> Meetings Act.
>>
>> In fact I contend and have contended all along that this reckless 
>> lawlessness discredits the institution over all and makes it very 
>> vulnerable.
>>
>> But, again the essence is in this wonderful (pun intended ...smile) 
>> story. For the real bottom line in which we all agree is that MCB is 
>> supposed to be all about the Vocational Rehabilitation and Independent 
>> Living of Michiganders who are blind. Instead it has sadly become a 
>> chronically corrupted, malfeasant, patronage system for a willfully elite 
>> few. Certainly the excellent fundamental drum beat of this story is that 
>> MCB has lost "mission focus" to say the least. And as Truman said, "The 
>> buck stops at the top."
>>
>> Now, while there is a concerted effort against those within and aligned 
>> with the Federation, a point I agree with, it goes even further. For I 
>> contend that there is a concerted effort against 99.9 percent of all 
>> blind people here in Michigan, again to keep the elite sell outs to our 
>> collective interests in power. That is pure and simple corruption on a 
>> grand scale.
>>
>> Now, we have highlighted here the horrendous wrongs done to Chris, Dave, 
>> and Hazell. But, as awful as all those things were the hidden story is 
>> for the literal thousands of blind folks who routinely get turned away at 
>> the first instance. There isn't a meeting that goes by were consumers 
>> don't report never receiving a return phone call from this agency even at 
>> the point of application for example.
>>
>> The sad thing is that we are now seeing, not unlike what is going on 
>> nationally in the economy a lost generation of blind folks.
>>
>> I know this is why the likes of Fred Wertzel, Larry Posont and so many 
>> others are so passionate. Our productive and leadership days are in their 
>> twilight years.
>>
>> But, to see the future assaulted in such a malicious way for the younger 
>> generation is simply intolerable.
>>
>> What ever happened to public virtue and the American notion of progress 
>> where the next generation is supposed to be better off than the one 
>> preceding this?
>>
>> No, my passion and the passion of others arises from the fact that Cannon 
>> and his minions has been robbing our youth and indeed even the newly 
>> blinded folks of employment age. Oh, well being the equal opportunity 
>> offender he is they now are and have been messing with the elderly blind 
>> too.
>>
>> Sorry for the ramble, but Gary did do a wonderful job in portraying the 
>> history and the fact that the promises inherent with a separate 
>> commission have been violated by the current agency leadership over and 
>> over again. And implicit is that it is all done for immoral, illicit, and 
>> very selfish personal reasons that are un vicious, and frankly, 
>> unforgivable.
>>
>> Now, while the simple removal of Cannon will not solve all the issues 
>> facing we the blind in Michigan by a long shot it is certainly a 
>> prerequisite. Nothing will change under the current leadership except, 
>> perhaps that things will get much worse. and they will now as the 
>> stimulus funds are now all gone.
>>
>> But, that is another story for another day.
>>
>> Sincerely,
>>
>> Joe
>>
>>
>>
>>
>> ----- Original Message ----- 
>> From: "Amy Sabo" <amylsabo at comcast.net>
>> To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
>> Sent: Wednesday, October 05, 2011 11:06 PM
>> Subject: Re: [nfbmi-talk] the monitor article
>>
>>
>>> Hello all,
>>>
>>> First of joe thanks for posting this article to the nfb of mi
>>> list. I knew of this article because I talked with a friend of
>>> mine who also is a federationist and, is also a Michigan baby
>>> but, nows lives in Minnesota. But, after reading this article I
>>> would like to express my views and thoughts on this article.
>>>
>>> It sounds like things with the commission have gone way to far in
>>> my opinion. And, that pat cannon has no consideration or
>>> involvement with the views of blind people in the state of
>>> Michigan and, that what has happened with good people like
>>> Kristine and dave are totally wrong. The commission needs to be a
>>> vehicle/organization to assist people in rehabilitation obtaining
>>> good training with using activities or resources to make this
>>> happen.
>>>
>>> Well, that's my views on this article again, thanks for posting
>>> it here and, I will talk to you all soon.
>>>
>>>
>>>
>>>
>>> Sincerely,
>>> Amy sabo
>>>
>>> -----Original Message-----
>>> From: nfbmi-talk-bounces at nfbnet.org
>>> [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe harcz
>>> Comcast
>>> Sent: Wednesday, October 05, 2011 7:01 PM
>>> To: nfbmi-talk at nfbnet.org
>>> Subject: [nfbmi-talk] the monitor article
>>>
>>> [PHOTO CAPTION: Shown here is the front of the training center
>>> and its sign
>>>
>>> which shows the American flag and the words Michigan Commission
>>> for the
>>>
>>> Blind Training Center]
>>>
>>>   Continuing Conflict and Strife at the Michigan Commission for
>>> the Blind
>>>
>>>                               by Gary Wunder
>>>
>>>      In the roll call of states in 1978, Allen Harris, reporting
>>> as the
>>>
>>> president of the National Federation of the Blind of Michigan,
>>> proudly
>>>
>>> announced the passage of legislation establishing the Michigan
>>> Commission
>>>
>>> for the Blind (MCB). The convention was excited; people from
>>> Michigan were
>>>
>>> elated. We had long known that the best services for blind people
>>> are most
>>>
>>> likely to be provided by agencies run by a supervising board
>>> appointed by
>>>
>>> the governor with the input of the blind, who can go directly to
>>> the
>>>
>>> legislature and the governor to make their case for the programs
>>> they need.
>>>
>>>      In Michigan the legislation that passed wasn't everything
>>> the
>>>
>>> affiliate had hoped it would be. The commission was not a
>>> free-standing
>>>
>>> agency but a bureau. Employees, including the agency's director,
>>> would
>>>
>>> still be a part of Michigan's merit system. Unarguably positive,
>>> however,
>>>
>>> there would be a five-member commission board that would
>>> supervise and
>>>
>>> evaluate the director and make policy for the agency. In a time
>>> when many
>>>
>>> agencies for the blind were being consolidated into larger
>>> governmental
>>>
>>> bodies and losing their ability to present their budgets to the
>>> general
>>>
>>> assemblies of their states and finding they could no longer speak
>>> directly
>>>
>>> with the governor and legislature, Michigan's progress was
>>> important for
>>>
>>> the blind of Michigan and a reason for the blind of America to
>>> cheer.
>>>
>>>      One fear of the Michigan general assembly and governor was
>>> that
>>>
>>> passing the new commission bill would turn the agency upside
>>> down. Promises
>>>
>>> by the act's proponents for a smooth transition, jobs for workers
>>> in the
>>>
>>> agency who still wanted them, and as little disruption to service
>>> as
>>>
>>> possible meant that the commission came into being and functioned
>>> much like
>>>
>>> its predecessor. The commission board perhaps for too long
>>> continued to
>>>
>>> function as an advisory body. The agenda was still set by the
>>> agency;
>>>
>>> things it wanted placed before the new commission board came to
>>> its
>>>
>>> attention while those the agency chose to handle itself did not.
>>>
>>>      Much has changed in the thirty-plus years since Michigan
>>> got a
>>>
>>> commission. The Rehabilitation Act of 1973 was amended in 1998.
>>> Consumer
>>>
>>> choice and empowerment and consumer-directed programs have become
>>> a part of
>>>
>>> our everyday language and expectation. The federal Rehabilitation
>>> Act
>>>
>>> mandates a rehabilitation council in every state. For Michigan
>>> this council
>>>
>>> is the Michigan Commission for the Blind. The role of the
>>> rehabilitation
>>>
>>> council as defined in the Rehabilitation Act goes beyond
>>> communicating the
>>>
>>> programs of the agency to its patrons and acting in an advisory
>>> capacity as
>>>
>>> former state councils and advisory committees once did. State
>>> councils are
>>>
>>> to be partners in determining what programs their agencies
>>> conduct,
>>>
>>> evaluating the success of those programs, and actively
>>> soliciting,
>>>
>>> reporting on, and trying to implement consumer feedback.
>>>
>>>      The extent to which these councils function as true
>>> partners varies.
>>>
>>> Some appointed members are so flattered at sitting at the head
>>> table and
>>>
>>> rubbing elbows with higher-ups in the agency that they are
>>> content to
>>>
>>> assent and pass on everything the agency proposes. They take no
>>> assignments
>>>
>>> and gratefully agree to pass on any work between meetings to
>>> agency staff.
>>>
>>> Some who are more active soon have to decide how much of their
>>> time outside
>>>
>>> agency meetings they are willing to devote to finding out what
>>> consumers
>>>
>>> want and learning enough about the law to determine which changes
>>> are
>>>
>>> possible and which are not. Those who come with an agenda and the
>>> intention
>>>
>>> of bringing about real change soon learn that their zeal must be
>>> tempered
>>>
>>> by an appreciation for the people who have made their careers the
>>> helping
>>>
>>> of blind people and by how long it takes to develop a consensus.
>>> The terms
>>>
>>> of effective advocates are often characterized more by
>>> constructive change
>>>
>>> than by drama. The challenge is to ensure that one doesn't win a
>>> public
>>>
>>> battle while in so doing making so many enemies among those who
>>> will
>>>
>>> implement the change that the war is lost.
>>>
>>>      The personality of the agency director, the strength of the
>>> agency's
>>>
>>> traditions, the vitality of the consumer organizations, and the
>>> way the
>>>
>>> state rehabilitation council is composed and views its role all
>>> contribute
>>>
>>> to how involved consumers are in shaping agency policy. A
>>> director who sees
>>>
>>> his governing board as an asset and a board that believes its
>>> members are
>>>
>>> partners in carrying out the agency's mission find their
>>> relationship
>>>
>>> rewarding and productive. When the director regards his council
>>> or
>>>
>>> governing board as removed from the real work with the agency and
>>> considers
>>>
>>> board meetings a burdensome reality he or she must tolerate in
>>> working for
>>>
>>> a social service agency, the relationship is poor. Meetings are
>>> not events
>>>
>>> in which constructive dialogue and sound public policy are
>>> demonstrated.
>>>
>>> When the council or commission is constantly at odds with the
>>> agency
>>>
>>> administration, the agenda is a battleground where the
>>> administration
>>>
>>> fights for time to be used in reporting and the governing body or
>>> council
>>>
>>> fights for policy evaluation and change. Meetings are endured
>>> rather than
>>>
>>> enjoyed, and the positive consumer-driven process intended by the
>>> drafters
>>>
>>> of the Rehabilitation Act and its amendments is thwarted.
>>>
>>>      In June and July of 2010 the Braille Monitor published
>>> articles about
>>>
>>> the Michigan Commission for the Blind and serious conflicts
>>> between
>>>
>>> consumers of the state, the commissioners of the Michigan
>>> Commission for
>>>
>>> the Blind, and the director of the commission, Patrick Cannon.
>>> Because that
>>>
>>> coverage was so detailed, this article will summarize only those
>>> items
>>>
>>> relevant to understanding the activities which have occurred
>>> since.
>>>
>>> [PHOTO CAPTION: Christine Boone]
>>>
>>>      In February of 2010 Cannon fired Christine Boone, the
>>> director of the
>>>
>>> residential rehabilitation training center, alleging she had
>>> started a
>>>
>>> marksmanship class without his knowledge or consent and that she
>>> had
>>>
>>> violated state law by allowing firearms to be purchased and
>>> brought onto
>>>
>>> state property. Cannon initially said he had learned of the class
>>> at the
>>>
>>> 2009 convention of the National Federation of the Blind of
>>> Michigan. Later
>>>
>>> he testified that he remembered having discussions about the
>>> class with
>>>
>>> Boone, that those discussions involved looking into instruction
>>> offsite,
>>>
>>> and that never had he given his approval for the class. Allowing
>>> blind
>>>
>>> people to do things normally considered impossible for the blind
>>> is a well-
>>>
>>> established practice of rehabilitation centers in trying to
>>> reshape the way
>>>
>>> blind students think and feel about being blind. Rock climbing,
>>> skiing, and
>>>
>>> other challenge activities are well-accepted strategies that are
>>> key to
>>>
>>> changing a student's perception of what it means to be blind and
>>> are found
>>>
>>> in some of the best training centers in the country. Sky diving
>>> was even
>>>
>>> conducted at the Michigan training center in recognition of the
>>> importance
>>>
>>> of such challenge activities.
>>>
>>>      With the help of the National Federation of the Blind,
>>> Christine
>>>
>>> Boone appealed her dismissal. A four-day hearing was held before
>>> an
>>>
>>> arbitrator in January of 2011. In arguments supporting Boone's
>>> dismissal
>>>
>>> for violation of civil service regulations, the state alleged
>>> that she
>>>
>>> might have discussed the possibility of training with her
>>> supervisor, but
>>>
>>> never had she gotten his approval to proceed with it. To the
>>> extent that he
>>>
>>> understood such training was being discussed, it was Cannon's
>>> understanding
>>>
>>> that the class would be taught offsite at a local firing range.
>>> The state
>>>
>>> also alleged that the guns used in the marksmanship class were
>>> firearms as
>>>
>>> determined by state civil service regulations and, as such, were
>>> not
>>>
>>> allowed on state property.
>>>
>>>      In presenting her side, Boone argued that she had told
>>> Cannon about
>>>
>>> the students' desire to do target practice as part of the
>>> center's
>>>
>>> adventure activities, that he was supportive and told her to
>>> research how
>>>
>>> the class might be conducted, and that he emphasized the need for
>>> safety.
>>>
>>> Boone assigned one of her assistant directors, Karen Cornell, who
>>> was very
>>>
>>> involved in marksmanship as a recreational activity, to research
>>> how and
>>>
>>> where the class could be conducted. While a target practice
>>> facility was
>>>
>>> located in the area, it seemed safer and less disruptive to hold
>>>
>>> marksmanship training on the center's property. Given that the
>>> center has
>>>
>>> more than twenty acres and is making an effort to use that land
>>> fully,
>>>
>>> Cornell suggested this solution as an alternative. She next went
>>> to the
>>>
>>> state police and then to the Kalamazoo Public Safety Department
>>> in the
>>>
>>> Kalamazoo Police Department to determine whether the
>>> spring-loaded guns she
>>>
>>> was considering were firearms. The police concluded that they
>>> were not; the
>>>
>>> guns were purchased with a state purchasing card and without a
>>> background
>>>
>>> check. The purchase rang up as general merchandise. State
>>> purchasing paid
>>>
>>> the bill, questioned the purchase several months later, and was
>>> answered by
>>>
>>> Assistant Director Bruce Schulz, who explained the role of
>>> adventure
>>>
>>> activities at the training center as the reason for the purchase.
>>>
>>>      Classes were held, and the success of the training was
>>> indeed a topic
>>>
>>> covered in Boone's report at the National Federation of the Blind
>>> of
>>>
>>> Michigan convention. Boone testified that Cannon's preference for
>>> oral
>>>
>>> rather than written communication explained the lack of written
>>> approval
>>>
>>> and that, indeed, no written approval for the sky-diving program
>>> conducted
>>>
>>> by the center had been granted, though clearly the program had
>>> been
>>>
>>> authorized, supported, and even publicized by the agency. She
>>> argued that
>>>
>>> the need for Cannon's approval was questionable given her job
>>> description
>>>
>>> and the discretion given to her as a high-level manager. Boone
>>> admitted
>>>
>>> that she had not initially been aware of a civil service
>>> regulation when
>>>
>>> she authorized the commencement of the marksmanship class but
>>> quoted the
>>>
>>> rule which clearly defines a firearm as "A weapon from which a
>>> dangerous
>>>
>>> projectile may be expelled by explosive, gas, or air." She
>>> presented
>>>
>>> evidence that the guns purchased by the Center (and approved by
>>> Department
>>>
>>> of Energy, Labor, and Economic Growth purchasing officials) did
>>> not use any
>>>
>>> of these three methods to expel the pellets. The guns use a
>>> spring
>>>
>>> cylinder, and the owner's manual warns that the markings on these
>>> units
>>>
>>> say, "Warning: Do not brandish or display this product in
>>> public--it may
>>>
>>> confuse people and may be a crime. Police and others may think it
>>> is a
>>>
>>> firearm. Do not change the coloration and markings to make it
>>> look like a
>>>
>>> firearm." The civil service rule used as the basis for Boone's
>>> firing also
>>>
>>> spells out numerous exceptions, including specific approval by an
>>>
>>> appointing authority, which can be the CEO of an autonomous
>>> entity that is
>>>
>>> headed by a board or commission. She further argued that Cannon
>>> had no
>>>
>>> concern about the legality of the pellet guns on state property
>>> because she
>>>
>>> was ordered to bring them to his office for his personal
>>> inspection when he
>>>
>>> raised the issue of not knowing about the training. Finally she
>>> argued that
>>>
>>> Cannon's understanding of where the training would take place was
>>> of no
>>>
>>> consequence since the regulations do not distinguish between
>>> firearms on
>>>
>>> state property or in the possession of employees while on state
>>> time.
>>>
>>>      Prior to the Commission meeting on June 17, 2011, an
>>> arbitrator from
>>>
>>> the Michigan Department of Energy, Labor, and Economic Growth,
>>> who is also
>>>
>>> a member of the American Arbitration Association, ordered Boone's
>>>
>>> reinstatement. In the thirty-six page decision, the arbitrator
>>> found that
>>>
>>> there was agreement that the marksmanship class was well received
>>> by the
>>>
>>> students and staff of the training center; that no one believed
>>> they were
>>>
>>> violating either the spirit or the letter of the law or the
>>> regulations of
>>>
>>> the state of Michigan; that personnel of the state of Michigan
>>> charged with
>>>
>>> interpreting the regulation had difficulty in determining whether
>>> the BB
>>>
>>> guns were firearms; and that the regulations were too ambiguous
>>> to justify
>>>
>>> Boone's termination. In its summation the finding reads:
>>>
>>>      The Appellant makes a cogent argument that Ms. Boone's
>>> termination
>>>
>>> for her alleged violation of the work rule and regulation at
>>> issue violates
>>>
>>> her due process rights because the policies, as they are applied
>>> to the
>>>
>>> specific facts and circumstances in this case, were impermissibly
>>> vague.
>>>
>>> The regulation and work rule relied upon for the termination of
>>> Ms. Boone's
>>>
>>> employment are so complicated that it took both Jason Nairn and
>>> Patty Gamin
>>>
>>> hours of research to determine whether the rule was violated. Mr.
>>> Cannon
>>>
>>> wasn't sure and relied on their opinions. Automatically
>>> terminating the
>>>
>>> employment of an employee for violation of a rule where the
>>> application of
>>>
>>> such rule is not clear and readily understandable violates the
>>> concept of
>>>
>>> just cause. Due process requires that noncompliance with a rule
>>> can only be
>>>
>>> relied upon in administering discipline if the rule is clear and
>>> accessible
>>>
>>> enough to be readily relied upon by the subject of the
>>> discipline.
>>>
>>>      After careful review of all the facts and circumstances, it
>>> is clear
>>>
>>> that Ms. Boone performed her work in good faith and with
>>> reasonable
>>>
>>> diligence. It has not been shown that the Appellant purposely
>>> violated any
>>>
>>> of the rules or regulations with which she is charged. There is
>>> not just
>>>
>>> cause for discipline or discharge in this matter.
>>>
>>>                                     DECISION
>>>
>>>      For all the above stated reasons, the grievance is granted.
>>> Ms. Boone
>>>
>>> shall be reinstated to her former employment and made whole as to
>>> lost
>>>
>>> wages and benefits.
>>>
>>>      There you have the concluding remarks of the arbitrator and
>>> the order
>>>
>>> to reinstate Boone. Director Cannon announced this decision to
>>> the staff in
>>>
>>> a memorandum entitled "Wishing Sherri Well," Sherri Heibeck being
>>> the
>>>
>>> person appointed by director Cannon to run the training center
>>> following
>>>
>>> Christine Boone's firing. In the same way Director Cannon
>>> announced Boone's
>>>
>>> return to the board of the Michigan Commission for the Blind
>>> under the
>>>
>>> agenda item entitled "Training Center Report," which he began by
>>>
>>> introducing Sherri Heibeck and complimenting her on her many
>>> years of
>>>
>>> service to the agency and her more recent work with the training
>>> center. He
>>>
>>> told the commission board and those in the audience that Sherri
>>> had to
>>>
>>> leave work with the blind because the agency had been ordered to
>>> reinstate
>>>
>>> Christine Boone. The clear implication was that a loyal and
>>> dedicated
>>>
>>> employee was being forced out by Boone, but at no time that day
>>> did anyone
>>>
>>> mention the facts on which the arbitrator ruled, the injustice to
>>> Christine
>>>
>>> Boone, or the anxiety of training center staff that resulted from
>>> the
>>>
>>> firing, absence, and return after eighteen months of their former
>>> boss.
>>>
>>>      Much to Heibeck's credit is her own handling of Boone's
>>> return as the
>>>
>>> director of the training center. In remarks to the training
>>> center's staff
>>>
>>> on learning she would be leaving the director's position, Heibeck
>>> assured
>>>
>>> them that their good work would not go unnoticed, that they
>>> should not be
>>>
>>> anxious about Christine Boone's return since most of them already
>>> knew and
>>>
>>> had worked for her, and that quality programs would continue and
>>> expand at
>>>
>>> the training center. The same cordiality was shown when she met
>>> with Boone
>>>
>>> prior to her return.
>>>
>>>      The Christine Boone case is not the only one in which the
>>> Michigan
>>>
>>> Commission has been involved in the last year. Dave Robinson,
>>> also a member
>>>
>>> of the National Federation of the Blind, was dismissed after ten
>>> years with
>>>
>>> the agency. Although highly rated by the Michigan vendors he
>>> served as a
>>>
>>> promotional agent (in other states this position is known as a
>>> vending
>>>
>>> supervisor), his dismissal was based on being behind on
>>> paperwork, a
>>>
>>> problem shared by many promotional agents in Michigan. Robinson
>>> notes that
>>>
>>> he was the agent for more vendors than any other, being
>>> responsible for
>>>
>>> serving thirty-one facilities. The promotional agent with the
>>> second-
>>>
>>> highest workload has twenty-four.
>>>
>>>      Robinson appealed his dismissal, and an arbitrator ruled in
>>> his
>>>
>>> favor. The arbitrator found his termination was based on his
>>> membership in
>>>
>>> the National Federation of the Blind. Robinson was on paid leave
>>> from
>>>
>>> February to August of 2011. The state appealed the decision of
>>> the
>>>
>>> administrative law judge and won, so Robinson says he now plans
>>> to take the
>>>
>>> matter to court.
>>>
>>>      Robinson says his firing had less to do with paperwork than
>>> with a
>>>
>>> conflict with Director Cannon. Michigan law spells out that blind
>>> vendors
>>>
>>> have preference on state property, including catering for special
>>> events.
>>>
>>> When state workers began routinely to bring in food from the
>>> outside
>>>
>>> without giving the onsite vendor an opportunity to compete for
>>> the
>>>
>>> business, Robinson says he insisted the vendors had the right to
>>> complain
>>>
>>> and defended them. He says that, when Director Cannon was
>>> contacted by the
>>>
>>> heads of offices that had hired others to do the catering, he did
>>> not like
>>>
>>> the conflict, and he suggested Robinson stop raising the catering
>>> issue.
>>>
>>>      The Monitor has learned that one other issue involving
>>> blind vendor
>>>
>>> complaints about outside catering cost Hazell Brooks her facility
>>> and
>>>
>>> income. In her career Brooks had filed and won four grievances
>>> against the
>>>
>>> agency prior to the catering dispute. We are told that, after
>>> complaining
>>>
>>> about a catering event for which she was not allowed to bid to
>>> officials in
>>>
>>> the building in which she worked, she was visited by Cannon and a
>>> staff
>>>
>>> member of the vending program. Contrary to state and federal
>>> rules, Hazell
>>>
>>> was removed immediately. She fought the removal and since has
>>> been awarded
>>>
>>> a better facility--the claim is that the location she has now is
>>> the second
>>>
>>> best in the state. The commission board has also ordered the
>>> agency to
>>>
>>> negotiate with her to provide compensation for the lost income
>>> she
>>>
>>> sustained. By our count this makes her five for five, a great day
>>> for a
>>>
>>> hitter in baseball and a quarterback's dream in football.
>>>
>>>      All told, it appears the state of Michigan has had to pay
>>> more than
>>>
>>> three quarters of a million dollars in grievances and lawsuits
>>> from
>>>
>>> customers of the business enterprise program, grievances by
>>> consumers and
>>>
>>> employees, and lost wages and benefits over the last eighteen
>>> months. One
>>>
>>> must ask why? A partial answer is the failure of agency director
>>> Cannon to
>>>
>>> resolve internal conflicts within the MCB, leaving it to hearing
>>> officers,
>>>
>>> administrative law judges, and arbitrators to settle matters that
>>> have
>>>
>>> arisen from agency disputes. The experience of one former blind
>>> vendor
>>>
>>> illustrates this problem.
>>>
>>>      Terry Eagle worked as a vendor in the Michigan program for
>>> ten years.
>>>
>>> Then successful surgery gave him substantial vision. So
>>> significant was
>>>
>>> the increase that he withdrew from the Business Enterprise
>>> Program and made
>>>
>>> his living for fifteen years in other pursuits. Eventually his
>>> vision
>>>
>>> deteriorated to such a degree that, when he again became legally
>>> blind, he
>>>
>>> applied to reenter the program. Vending staff at the commission
>>> said he
>>>
>>> could not compete for facilities until he took vendor training,
>>> with no
>>>
>>> allowance for his previous training and experience. He holds a BA
>>> in
>>>
>>> hospitality management, which includes certification in hotel and
>>>
>>> restaurant management. Training in the Michigan program costs
>>> $2,900 a
>>>
>>> week, lasts for eight weeks, and is then followed by nine weeks
>>> of on-the-
>>>
>>> job (OJT) training. The rehabilitation counseling unit of the MCB
>>> said it
>>>
>>> had no intention of paying for someone with Eagle's training and
>>> experience
>>>
>>> to go back for such instruction. Eagle said he would retake the
>>> vending
>>>
>>> classes, if required, but agrees that he does not need such
>>> training.
>>>
>>> According to Eagle, so too did John McEntee, at the time the
>>> trainer for
>>>
>>> the Business Enterprise Program, who said he could give Eagle any
>>> refresher
>>>
>>> training he might need in two weeks. Management declined the
>>> offer and
>>>
>>> recommendation. Clearly Eagle was caught in an internal agency
>>> dispute that
>>>
>>> should have been resolved by Director Cannon or his designee, but
>>> the case
>>>
>>> has been taken to federal court. The court has decided it does
>>> not have
>>>
>>> jurisdiction, and Eagle promises to take it up in state court.
>>> The result
>>>
>>> has already cost the state money to defend, and the likelihood is
>>> that, if
>>>
>>> properly filed as Eagle promises, will result in another
>>> settlement against
>>>
>>> the commission. It is one thing when an agency for the blind and
>>> a consumer
>>>
>>> disagree and the assistance of a third party is required to
>>> resolve the
>>>
>>> impasse; it is quite another when disagreements within the agency
>>> require
>>>
>>> the consumer to take action outside the agency to receive
>>> service. Eagle
>>>
>>> says that, to be fair, he was given one other option for entering
>>> the
>>>
>>> program: paying for the training and OJT out of pocket.
>>> Conservatively this
>>>
>>> would have cost at least $30,000.
>>>
>>>      As Fred Wurtzel, the former president of the National
>>> Federation of
>>>
>>> the Blind of Michigan and the former head of the commission's
>>> Business
>>>
>>> Enterprise Program, says: "Most of the time when we are involved
>>> in an
>>>
>>> appeal, we win, but statistics don't explain how it feels to be
>>> the victim
>>>
>>> of these tactics. It is hard enough to face discrimination and
>>>
>>> misunderstanding based on blindness, but to face the mistreatment
>>> by our
>>>
>>> state agency when all that is wanted is a livable income and the
>>> respect of
>>>
>>> the community is almost impossibly difficult and stressful. BEP
>>> operators
>>>
>>> have been seriously harassed after the board or an ALJ have
>>> ordered their
>>>
>>> return. The object lesson is that, even though you may eventually
>>> get your
>>>
>>> job back, Pat Cannon can disrupt your life, take away your
>>> income, tarnish
>>>
>>> your reputation, and reduce your influence with others. One need
>>> only
>>>
>>> remember the removal of Mark Eagle, a twenty-two-year-old who was
>>> removed
>>>
>>> from the commission board based on charges of ethical conflict
>>> because his
>>>
>>> father was involved in helping other vendors with their
>>> grievances. This is
>>>
>>> a totally inappropriate way to manage a public agency. Only
>>> people like us,
>>>
>>> Federationists whom Pat cannot affect, are in a position to fight
>>> back
>>>
>>> effectively for blind people."
>>>
>>>      To the commission's credit, a real attempt to make the
>>> proceedings of
>>>
>>> the board available to the public was evidenced by the work that
>>> went into
>>>
>>> broadcasting the June 17 meeting on the Internet, making it
>>> available by
>>>
>>> telephone, and accepting comments from people not in the room,
>>> whether they
>>>
>>> wished to respond orally or using email. Commission staff went
>>> into great
>>>
>>> detail about how to listen and participate in the meeting, and it
>>> was clear
>>>
>>> that the effort represented a good deal of time to research and
>>> implement.
>>>
>>> Participation from around the state was evident as offices of the
>>>
>>> commission and consumers in their homes heard and spoke to the
>>> board.
>>>
>>>      Within days of the meeting, members of the commission board
>>> and staff
>>>
>>> were surprised to learn that, in addition to the audio, the
>>> session had
>>>
>>> been videotaped. The failure to mention this when the recording
>>> and live
>>>
>>> audio coverage had played such a prominent part in the meeting
>>> was not well
>>>
>>> received. Just as participants had the right to know that what
>>> they said
>>>
>>> was being recorded and broadcast, those in the room had the right
>>> to know
>>>
>>> that they were being photographed. Many who were disconcerted by
>>> the
>>>
>>> videotaping said it reminded them of the pictures taken at
>>> demonstrations
>>>
>>> in the sixties and used as a reason to create FBI files on
>>> patriotic
>>>
>>> citizens who chose to express their concern through peaceful
>>> protests. An
>>>
>>> apology has been issued by Steve Arwood, who heads the larger
>>> agency which
>>>
>>> houses the MCB.
>>>
>>>      The tension between Director Cannon and the commission was
>>> obvious
>>>
>>> both before and during the meeting. According to the commission's
>>> current
>>>
>>> bylaws, the board agenda is determined by the chairman and the
>>> director,
>>>
>>> and thirteen items recommended for consideration from the board
>>> were not
>>>
>>> included. An agenda item involving a forty-five minute
>>> presentation from
>>>
>>> members of the National Federation of the Blind of Michigan that
>>> had not
>>>
>>> been covered in the previous meeting of the board was reduced to
>>> twelve
>>>
>>> minutes without apology or explanation.
>>>
>>>      Since the meeting the chairman of the commission, Jo Ann
>>> Pilarski,
>>>
>>> has resigned. This means that the five-member commission board is
>>> now
>>>
>>> functioning without a chairman, and two of its five positions are
>>> vacant.
>>>
>>> By the time this issue goes to press, the next quarterly meeting
>>> of the
>>>
>>> commission board will have occurred. From time to time there is
>>> talk of
>>>
>>> combining the MCB with the state's other rehabilitation agency.
>>> Whether
>>>
>>> this is an attempt to bring the blind to heel or represents the
>>> recognition
>>>
>>> of the commission's many blunders and their cost to the state is
>>> debatable.
>>>
>>> What is beyond debate is that Michigan Federationists believe
>>> that Pat
>>>
>>> Cannon is a bully who has very little professional knowledge and
>>> lacks a
>>>
>>> real understanding of the rehabilitation process, the
>>> rehabilitation law,
>>>
>>> and the art of personnel management. He continues to usurp the
>>> authority
>>>
>>> and role of the commission board and muffles and blunts all
>>> serious
>>>
>>> consumer involvement. While most feel compelled by their most
>>> personal
>>>
>>> values to refrain from judgment, to respect the humanity of their
>>>
>>> adversary, and to separate the sinner and the sin, they truly
>>> believe that
>>>
>>> only after Director Cannon is replaced can the process of
>>> building trust
>>>
>>> and a positive process for serving blind people begin.
>>>
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