[nfbmi-talk] Fw: [Vendorsmi] Letter from NFB Merchants to EOC

[joe harcz Comcast]

----- Original Message ----- 
From: Joe Sontag 
To: VENDORSMI List 
Sent: Monday, April 30, 2012 12:55 PM
Subject: [Vendorsmi] Letter from NFB Merchants to EOC


I am pleased to share with you the following letter from Terry Eagle, President of the National Association of Blind Merchants of Michigan to the Elected Operators' Committee.  EOC leadership has been going to some trouble lately to imply that our organization does not represent the best interests of the Business Enterprise Program and its operators.  What's wrong with the ideas below?  Your comments are welcome.

Dear Elected Operators' Committee Members
I am writing on behalf of our association membership.  This communication is in response
to a planned meeting with Mr. Zimmer with select members of the EOC, with absolutely
no discussion on the matter by the entire body, which appears strange at best to
have a meeting that claims to be representative of the elected body.  Additionally,
we are responding because of reference by Mr. Essenberg, that the views of the organized
blind of the NFB, and NFBMM somehow do not reflect the views of blind licensees.
We do not reasonably understand how such a conclusion could be reached, absent any
discussion or consensus on the topic of the executive order by the entire EOC representative
body.
Below you will be introduced to what we refer to as the baker's dozen of core values,
principles, and best business and program practices, which summarize our views for
the administration of the Michigan Business Enterprise Program.
As a collective organization of blind business persons, we envision a Business Enterprise
Pro gram that provides meaningful and financially rewarding business opportunities
for the blind, including the following:
1.  Program management that are qualified, and competent in business planning and
management, financial and other resource management that is responsible, transparent,
and accountable, knowledge and appreciation of the skills and abilities associated
with blindness, the ability to inspire and build teamwork and personal achievement,
and the ability to administer in a fair, transparent, and accountable manner, with
uniform application and compliance with state and federal program laws, rules and
regulations, policies and procedures;
2.  Routinely and timely provide training materials, policy and procedure manuals,
memorandum and letters, documents and records, plans and proposals, announcements,
meeting agendas and minutes, and other printed and electronic materials in a useable
format for the blind, including Braille and large print, according to identified
individual preference, in compliance with applicable laws, rules and regulations,
policies and procedures;
3.  Business locations that offer a blind licensee a profitable business return and
independent living income, and contributing to society with many talents and skills,
and financially contributing to federal, state, and municipal treasuries, through
payments of self-employment, income, sales and employer taxes, rather than being
tax takers on public social welfare programs;
4.  Innovative up-to-date facilities that reflect current trends in the industry
and are appealing and inviting to guests and potential guests;
5.  Ongoing evaluation and development of new and existing business locations, for
the expansion of the program, and profitable business opportunities and independent
living income generation for the blind;
6.  Equipment for business efficiency and profitability, that reflect excellence
in selection of appropriateness, functionality, and adequate for the business type
and plan, with routine and ongoing maintenance, repair, and replacement, to achieve
maximum profitability through emerging business innovation, industry trends, and
use of technology in the business, that is accessible by blind licensees, employees,
and guests;
7.  Adequate level of inventory and profitable product mix and selection;
8.  appropriate, adequate, and meaningful initial and ongoing in-service training,
including a program position dedicated for the sole purpose of training of blind
persons as potential licensees, and the ongoing in-service training of licensees;
9.  The utilization of the Business Enterprise Support Team (BEST), for newly placed
licensees, and existing licensees experiencing identifiable business or personal
challenges and training needs;
10.  Supportive promotional staff that are qualified in business, and are appropriately,
and adequately trained, including knowledge of skills and abilities associated with
blindness, to support and timely respond to licensee and business location needs;
11.  Establishment and operation of a transparent, easily accessible and verifiable,
fair, and uniformly applied system for performance evaluation, promotion and seniority
point award and record-keeping system, and program facility placement promotion and
transfer policies and procedures;
12.  A fair, unbiased, ethical, timely and responsive due process administrative
review and hearing system to address, attempt to resolve, and adjudicate complaints
and grievances of licensees and potential blind licensees, in the administration
of the Business enterprise Program, including providing records, documents, exhibits,
transcripts, notices and administrative law judge recommended and final agency decisions,
and other printed and electronic materials in a useable format for the blind, including
Braille and large print, according to identified individual preference, in compliance
with applicable laws, rules and regulations, policies and procedures, to achieve
meaningful accessibility and substantive and procedural due process;
13.      Fairly and uniformly applied program laws, rules and regulations, policies
and procedures, to all program licensees, trainees, potential licensees, and program
staff, without regard to affiliation, viewpoint, advocacy, disability, religion,
creed, national origin, age, race, gender, marital status, or sexual orientation.
Over the past five years, Failure to fairly and uniformly operate the Business Enterprise
Program under these core values, principles, and best business and public service
standards and practices, without of favoritism and contempt for a person's affiliation
or a person expressing his or her views, and speaking out against wrongdoing, has
lead to and created an environment resulting in distrust of the Commission administration,
program management, and Elected Operators' Committee to act in the best interest
of the Business enterprise Program, potential and existing blind licensees, and blind
persons in general, including those blind individuals on a list of available, qualified,
and eager to work as temporary licensees, and disregarded in favor of sighted persons
being employed, using and loss of resources intended for blind persons to be gainfully
employed.  A distrust by and between licensees, staff, management , and members of
the Elected Operators; Committee, resulting in poor or non-existent communication,
breakdown in cooperation and lack of teamwork, and obvious apathy, non-involvement,
and a management created sense of fear of intimidation, retaliation, and threat of
and actual unfair removal of licenses from the blind only. This environment is compounded
by the use of untrained, unmonitored, unaccountable sighted persons running program
facilities, whom ran down the business and inventory, and making away with inventory
funds , set-aside funds, and other financial , legal, and treasury obligation funds,
while blind licensees were ripped from their facilities, businesses, and livelihood,
while absolutely no compliance, removal, or financial accountability and recovery
action has been taken against sighted licensees as of this date.
The Commission administration and Business Enterprise Program management do not stand
alone with regard to the creation and advancement of the current environment that
surrounds the low morale, apathy, and distrust within the program.  The Elected Operators'
Committee bears equal responsibility for the environment that exists.  Here are a
few examples of Elected Operators' Committee actions that have contributed to the
current environment.  The most recent and ongoing is the inclusion of some EOC members
in discussions, meeting, and decisions, while other members are excluded on important
issues and decisions facing the program and operators future livelihood.  This situation
includes the involvement of program management in the drafting and "approval" of
official EOC communications, and not informing all EOC members of the intended action,
and not permitting an opportunity for input by all EOC members.  Next, Mr. ESSenberg
stated that, "Our body [the EOC] has stayed relatively silent on the subject of the
Governor's order, because we were told when the initial order came out not to contact
the Governor's office regarding that topic."  First, it is abundantly true the EOC
has remained silent, had no discussions, or formulated and adopted a position on
the governor's executive order, and any statement on the impact it will bring upon
the program and the livelihood of blind licensees, or any recommendations for most
positive steps, if any, in the implementation of the intended action.  Further, Mr.
Essenberg wrote, "I am writing to you on behalf of the Chair of the Elected Operators
Committee James Chaney, and the other ten members of the committee, including myself."
Since Mr. Essenberg's statement above is true, then how is it possible for a few
to write on behalf of the other ten members?  Moreover, how is it possible to meet
with Mr. Zimmer on a topic, claiming to represent the consensus of the entire EOC,
and present a viewpoint and possible solutions, when, in reality, the entire body
has remained silent on the topic of the executive order?  Additionally, how can the
best interest of blind licensees be openly discussed and represented with the program
manager and assistant manager in attendance?  Given these facts and questions, at
best, only the personal views and opinions of a select few EOC members and program
management can be represented.  And are these not the same individuals scheduled
to meet with Mr. Zimmer that met with MR. Arwood over a year ago, and were supposed
to have additional meetings that never took place?   and during that one meeting
being informed by Mr. Arwood, in clear unambiguous language, what actions were required
and expected for improvement of the Business Enterprise Program.  Was not the ball
fumbled and lost by these individuals regarding this serious matter?  And now, these
same select program management and EOC leaders of blind licensees claim to represent
the best interests of the entire EOC and blind licensees, and expect the blind to
entrust their future careers and livelihood to the views, judgment, and actions of
these select individuals?
Where have these representative individuals been during the past sixty plus days?
Are they elected advocates for and of the best interests of blind licensees?  That
is what the program enabling legislation and implementing regulations and administrative
rules envisioned and mandated by creation of the committee of blind licensees, and
guaranteeing "active participation" in decision-making that affect blind licensees,
in the administration of the program.   Nowhere is remaining silent mentioned, encouraged,
suggested or demanded in the creation and role of the committee of blind licensees.
This especially is true with regard to a topic with a life-altering and potentially
devastating impact upon the program and future careers and livelihoods of blind licensees.
Mr. Essenberg wrote, ". . . we were told when the initial order came out not to contact
the Governor's office regarding that topic.".  DO you as the EOC leadership, care
to disclose who the "we" are in "we were told . . ." statement, and by whom were
"we told . . ."?  This type of incomprehensible and nonsensical explanation and advocacy
inaction on this unprecedented serious topic further erodes the confidence of blind
licensees to trust the judgment and motives of their elected representative body,
and only reinforces the common belief among blind licensees that their elected representatives
act at the beckon call of unidentified individuals, and doing whatever those unidentified
individuals say to do, in return for personal favoritism of a select few, while ignoring
the duty to advocate for the best interests of all blind licensees.  We believe such
blind licensee distrust and apathy is best and most recently demonstrated by the
poor licensee attendance at the annual workshop, and moreover, the poor participation
in voting in the election of EOC members.  The truth is that blind licensees believe
they do not have a voice or representation in the active participation in their futures
and the administration of their program. Blind licensees believe their program and
futures have been hijacked, and the program is on a course of crash and burn to incineration
where nothing remains of the Business enterprise Program.
The National Association of Blind Merchants of Michigan, and the National Federation
of the Blind collectively do not share that belief and assessment of the future of
the Business Enterprise Program.  That is why over the past sixty plus days we have
undertaken a passionate campaign to meet and have an ongoing conversation with elected
and administration officials, to share with them our stories, desires and dreams,
ideas and suggestions, on the importance and continued future of the Commission and
Business Enterprise Program.  We will continue this campaign until the best interests
of blind citizens and blind licensees are served.  We believe, at this point our
collective, visible, in-person contacts have had a substantial impact on the decision
to rescind the executive order to date.  We are under no illusion that this matter
has disappeared, and we continue to be diligent in our efforts to bring about the
best result for the blind of
Michigan
.  As the nation's oldest and largest organization of blind citizens and blind merchants,
we are highly recognized for our expertise in matters of blindness and the administration
of the Randolph-Sheppard vending facility program, and vocational rehabilitation
programs for the blind.
Mr. Essenberg wrote that, "Their [the NFB's] viewpoints may not be representative
of all of our 79 vendors."  .  Admittedly, while we the organized blind do not pretend
to represent each and every blind licensee as members of the National Association
of Blind Merchants of Michigan, our views and expertise on matters of concern to
blind licensees do in fact represent the views and positions of a vast majority of
blind licensees, and include our views in the above baker's dozen of core values,
principles, and best business and program practices, With regard to the administration
of the Michigan Business Enterprise Program for the blind.
Several members and supporters remember at time in the past when the BEP in Michigan
was guided and governed by core values, principles, and best business and program
practices very similar to, and a reflection of the baker's dozen above, and as a
result Michigan ranked in the top five Business Enterprise Programs in the nation,
demonstrating excellence in virtually all measurable program indicators.  This was
achieved by always asking the following question in all matters of the BEP and EOC:
"How will this be beneficial for blind vendors and the program?".  Today, sadly and
unfortunately,
Michigan
 ranks near the bottom, and is the butt of many jokes throughout the country.  Is
there any wonder or doubt about why the Business Enterprise Program in
Michigan
 is under a microscope, and the survival of the program hangs in the balance?
In Closing, we the organized blind of the National Association of Blind merchants
of
Michigan
, strongly urge you to not repeat the previous performance that resulted from the
2011 meeting with Mr. Arwood.  We urge you , before meeting with Mr. Zimmer, to reevaluate
a meeting with any number fewer than the entire EOC being present, and only EOC members
attend any meetings with MR. Zimmer.  Also, since the EOC has remained silent and
inactive on the matter of Executive Order 2012-2, we strongly suggest a full, open,
and transparent discussion of the issues involved, and the formulation of a consensus
position, about the desired future program.  Finally, we offer our baker's dozen
outlined above, as an effective framework for the desired future Business Enterprise
Program in
Michigan.
Respectfully,
Terry D. Eagle, President
National Association of Blind Merchants of Michigan



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