[nfbmi-talk] nfb mi business resolutions
J.J. Meddaugh
jj at bestmidi.com
Tue Aug 7 13:55:58 UTC 2012
Yes, that being said, we can't work on all resolutions concurrently. There's
a fair amount of resolutions on the national level that are passed but
aren't worked on as well.
From: "David Robinson" <drob1946 at gmail.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, August 07, 2012 7:56 AM
Subject: Re: [nfbmi-talk] nfb mi business resolutions
> 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.
>
>
>
>
>
>
>
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>
>
> 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.
>
>
>
>
>
>
>
>
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>
>
> 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.
>
>
>
>
>
>
>
>
>
>
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>
>
>
> 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.
>
>
>
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> 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.
>
>
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> 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.
>
>
>
>
>
>
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>
>
> 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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