[nfbmi-talk] nfb mi business resolutions

[J.J. Meddaugh]

Mr. Harcz:
The point was, in short, was to make your self a part of the solution. 
Instead of asking when someone else is going to do your work, make it 
happen, or work with the affiliate to make it happen.

From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, August 07, 2012 7:50 AM
Subject: Re: [nfbmi-talk] nfb mi business resolutions


It is the obligation of the membership of NFB to ensure accountability for
these directives of the board.

It has been nine months. The business of the NFB does not start and end at
conventions.

The needs of the blind and our rights do not end at conventions. Nor do our
struggles.

In case you haven't noticed things are looking pretty bad for the home team
here in Michigan.

If we aare not fighting for what is right then the future will be made up of
sub-minimum wage jobs for the bulk of us, if we can get that.

By the way many other resolutions are still not resolved from other years as
well.

For example David Robinson still was illegally fired and has had to fight
his battle pretty much alone.

And our constant and consistent position for a trully separate commission
for the blind and PA 260 has been ripped to shreds.

Now, sir I deal with facts and not dodges or conjecture.



----- Original Message ----- 
From: "J.J. Meddaugh" <jj at bestmidi.com>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Monday, August 06, 2012 11:52 PM
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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