[nfbmi-talk] open inquire

joe harcz Comcast joeharcz at comcast.net
Thu Sep 22 01:42:59 UTC 2011


Dear Ms. Zanger and Mr. cannon,

It has come to my attention that we in MCB have not collected all set asides from sighted, non-disabled tempory operators for some time. I'm a bit confused by this documented fact in that MCB is required by PA 260 and the Randolph Shepard Program to offer a priority to blind folks in these concessions as the State Licensing Agency. I'm also confused in that this set aside is considered income for federal matching purposes.

So, correct me if I'm wrong here but don't we violate the mandates of the RS, VR and other programs when we don't require when using federal funds the same requirements of so-called temporary operators who are not blind in the same manner as we've done for blind operators?  And aren't these inequities primae facae evidence of mass, systemic, and willful violations of the ADA, and Section 504 in their clearcut discriminatory impact in that they clearly set and implement in fact and documented deed discriminatory standards of practice?


And, moreover a practical matter here...In short aside from the clear cut misappropriations of federal funds here aren't we as an agency losing appropriate federal match as again set asides are "income" and thus robbing the entire MCB program because of these derelictions of duties and misappropriations of federal funds in the first instance?

I mean think about it you clearly don't ask for the same inventory requirements as documented in fact and deed of these temporary operators let alone the same set aside requirements .

Shoot ALJ decisions in the public domain are rife during recent years where you all yanked licenses from operators, often appropriately for not paying or accounting for federally funded inventories. Oh I guess these were problems because the operators were blind?

But you don't set the same standard, and the same accountability for sighted, non-qualified temporaries?

Are the violations in law and equity here only obvious to an outsider likeme or even the casual observor on the seen?

What gives here?

I'd like some accounting let alone accountability here.

Please remit to me the set asides of all sighted, non-disabled operators during the last fiscal year alone. I want line item accounting and not voodoo accounting too.

sincerely,

Paul Joseph Harcz, Jr.

cc: MCB Commissioners
cc: Craig McManus, RSA
cc: Steve Arwood
cc: OIG, United States Department of education



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