[nfbmi-talk] nfb mi business resolutions

Tue Aug 7 11:56:26 UTC 2012

Dear J.J., 

   The NFBMi  never places a priority on the resolutions passed at
convention by the members assembled. In fact, I believe that it is the
members instructing the leadership that the resolutions passed are a
priority and the board should implement the action required as outlined in
the resolution. It is not the board's prerogative to decide on which
resolutions they will work on and when they will work on them.  After all,
the board represents the membership and not the other way around.  

Dave Robinson

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of J.J. Meddaugh
Sent: Monday, August 06, 2012 11:53 PM
To: NFB of Michigan Internet Mailing List
Subject: Re: [nfbmi-talk] nfb mi business resolutions

Mr. Harcz:

Implementation of a resolution doesn't just happen, it requires the board, 
membership, and others to work together for a common goal. Even still, it is

the responsibility of leadership to set priorities on which resolutions are 
most important to act upon first.

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Saturday, August 04, 2012 10:56 AM
Subject: [nfbmi-talk] nfb mi business resolutions

Which one of these resolutions have been implementede by the Board of the 
National Federation of the Blind of Michigan?

These were unanimously passsed at our last State Convention by the 
membership of this organization at convention assembled.

Our constitution requires that these are the voice of the membership and 
that in fact these are legislative acts of the membership directing the 
Board to act!

Sincerely,

Paul Joseph Harcz, Jr.

Member NFB MI
Secretary, NFB MI Members at Large
Alternate for NFB MI to the CIC
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.
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