[nfbmi-talk] Fwd: Request for an Ethics Board Advisory Opinion

joe harcz Comcast joeharcz at comcast.net
Wed Feb 1 14:05:15 CST 2012


Send this out to the so-called state ethics board...

January 27, 2012

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  New Horizons Financial Data FY12

Dear Mr. Harcz, Jr.:

This letter is in response to your January 6, 2012, email request for copies 
of public records, received on January 9, 2012.  Please be informed that the
Department's Michigan Commission for the Blind (MCB) is processing this 
request under the state's Freedom of Information Act (FOIA), MCL 15.231 et 
seq.

You have requested information as described in your email, a copy of which 
is below.

Your request is granted as to existing, nonexempt records in the possession 
of this department responsive to your request.

As of this date, January 27, 2012, MCB has processed one payment to New 
Horizons Rehabilitation Services for FY2012 (covering October 1, 2011 to 
present).

Attached is an authorization, invoice and a vendor transaction inquiry for 
the State of Michigan's accounting system, the Michigan Administrative 
Information
Network (MAIN).  These documents contain redactions and are indicated on the 
documents as to where and for what purpose.

We will not charge for the cost of this FOIA but this does not prohibit us 
from charging you or any other requestor for other requests.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

Attachments:

1.            Email of 1/6/12

2.            Authorization

3.            Invoice (2 pages)

4.            MAIN Screen Print

cc:           Patrick Cannon

                Mel Farmer

                Susan Turney

                Elsie Duell

                Leamon Jones

                Gwen McNeal

                Shawnese Laury-Johnson

                Cathy Cove

From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Friday, January 06, 2012 7:54 AM
To: Cannon, Patrick (LARA)
Cc: Larry Posont MCB Comm.; John Scott MCB Comm.; lydia Schuck MCB Comm.; 
Arwood, Steve (LARA); Craig McManus RSA

Subject: request new horizons financial data fy 12

January 6, 2012 Request Cannon Information Related New Horizons

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

e-mail:
joeharcz at comcast.net

Patrick D. Cannon

Director, Michigan Commission for the Blind

Commissioners, Michigan Commission for the Blind

(Via e-mail)

Dear Mr. Cannon and Commissioners,

I am writing today to ask some questions and to get some detailed financial 
breakdowns relative to the following LARA expenditures

Found on DTMB transparency web site at:

http://apps.michigan.gov/MiTransparency/Vendor/Agencies?y=2012&v=NEW%20HORIZONS%20REHABILITATION%20SERVICES&Column=AgencyName&Direction=Ascending

"Payments to NEW HORIZONS REHABILITATION SERVICES for fiscal year 2012

Click on a agency name to view payments to this vendor by this agency.

Table with 2 columns and 2 rows

Agency Name

Payment Totals

LICENSING AND REGULATORY AFFAIRS

$194,725.38"

Note these are expenditures denoted in this current State of Michigan Fiscal 
Year alone and I'll send a separate request for detailed accounting of MCB
expenditures made in FY 2011 and FY 2010 which anyone in the public has the 
absolute right to and which should be sent to commissioners routinely as 
well.

Regardless I wish for you to break out the numbers for MCB payments made to 
New Horizons for I realize some of these expenditures are related to the 
Michigan
Rehabilitation Services. And I wish to know what they are for.

In other words send me the data related to job development, job shadowing, 
transition services, vocational assessments and the like made with this 
Community
Rehabilitation Program and send me the authorizations of same.

Do not tell me that you or MCB cannot do this and don't throw a FOIA [petard 
at me either. Your comments made to Commissioners relative to not being able
to produce such data as this and even intakes, closures, etc. displays your 
arrogant disregard for your fiduciary obligations and your stark and utter
violations of the Rehabilitation Act of 1973 as amended, PA 260 and basic 
principles of transparency let alone basic notions of competence of a GS-19 
making
$125,000 per year and directing this critical State agency.

I, also wish for this information in fully accessible format pursuant to 
obligations under Title II of the Americans with Disabilities Act (Title II, 
subpart
e, communications) as I am indeed blind. To wit send the requested 
information is either Word attachments or plain text enclosures to my e-mail 
address
listed above. And again I suggest that you ensure such information is made 
routinely available on MCB's own web site in html form.

Cordially,

Paul Joseph Harcz, Jr.

Cc: Elmer Cerano, NISH, MPAS

Cc: S. Arwood, LARA

Cc: Craig McManus, RSA.

Cc: NFB MI

Michigan Commission for the Blind Purchase Authorization

Table with 3 columns and 8 rows

Date of Authorization: 10/19/2011

MCB Authorization Number: 011130531A1




Requesting staff:

Phone Number:

Fax Number:

TINA WEST

(313)456-1646

(313)456-1645

Address:

Detroit
3038 W. Grand Blvd., Ste.4-450

Detroit, MI 48202

Purchase for MCB Client - Name: Xxxxxxx Xxxxxxx (Consumer Name redacted)  ID 
Number: 24211


table end

Table with 2 columns and 6 rows

Vendor Name:

Vendor's EIN or SSN:

NEW HORIZONS OF OAKLAND COUNTY INC

2381748781

Vendor's Contact Person:

Phone Number:

,

(248)340-0559

Vendor Address:

1814 POND RUN

AUBURN HILLS MI 48326



table end

Service Description:

Job Development

Table with 2 columns and 2 rows

Service Begin Date:

10/19/2011

Service End Date:

09/30/2012

table end

Table with 2 columns and 2 rows

Account #:

11-01-2012-01

Account Name:

2012 Detroit VR Funds

table end

Table with 2 columns and 2 rows

Index:




PCA:

11369

table end

Table with 5 columns and 5 rows

Quantity:

Unit:

Unit Price:

Total Cost:

1

ea.

$2,039.00

$2,039.00

Agency Object: 0710

Void After: 09/30/2012




table end

Total: $2,039.00

Comments:

This purchase is authorized pursuant to   by .

Table with 5 columns and 4 rows




 Signed by Gwendolyn McNeal

Approved?

Y

10/19/2011




 Authorized By:   TINA WEST

Please Submit invoices to the authorizer and Address above.

Authorization is hereby granted to provide the services described above. 
Payment can only be made for the services authorized and at the rates 
authorized.
 If there is any change required in this authorization the Vendor must 
contact the authorizer first. Payment will be made promptly upon receipt of 
properly
prepared invoices.

table end

Table with 2 columns and 3 rows

Authority: P. A. 260 of 1978, as amended




Completion: Mandatory




Penalty: Services may not be provided


table end

Page 1 of 2- Invoice

New Horizons Rehabilitation Services, Inc.

1814 Pond Run

Auburn Hills MI 48326

Sales/Invoices:  073400

Date:  10/31/2011

Customer:

MI COMMISSION FOR THE BLIND

CLIENT SERVICES DIVISION

3038 WEST GRAND BLVD.

DETROIT MI 48202

Purchase Order:  Description: XXXXXXX (Consumer name redacted)

Customer ID:  MI COMMISSION

SALESPERSON:

SHIPPING METHOD:

Payment Terms ID:  NET30, Amount $2,039.00

Subtotal $2,039.00

Misc. $0.00

Tax $0.00

Freight  $0.00

Trade Discount $0.00

Payment $0.00

Total Due:  $2,039.00

Signature of Gwendolyn McNeal and stamped "PAID NOV 22 2011"

Page 2 of 2 - Invoice

DEPARTMENT OF LABOR & ECONOMIC GROWTH

MI COMMISSION fOR THE BLIND

CLIENT SERVICES DIVISION

3032 W GRAND RIVER STE 4-450

DETROIT MI 48202

ATTN: CATHY COLE

TINA WOODS

RSA AUTHORIZATION: 0111305319A1

XXXXXXX XXXXXXX (Consumer name redacted)

ID: 24211

JOB DEVELOPMENT

VENDOR PAY T0: 38-1748781

2,039.00

PLEASE SEE ATTACHED AUTHORIZATION

INVOICE TOTAL: 2,039.00

ACCOUNT #72-4125-500-100

NET 30 DAYS

Signature of Gwendolyn McNeal and stamped "PAID NOV 22 2011"

MAIN SCREEN

S085 VER 2.0    STATE OF MICHIGAN PRODUCTION REGION (PMAIN)  01/26/12 12:52 
PM

 LINK TO:                   VENDOR TRANSACTION INQUIRY 
PROD

  VEND NO/MC: 2381748781      AGY: 641   DOC TYPE: W2  INV#:

  VEND NAME: NEW HORIZONS REHABILITATION SERVICES

 REC TYPE: I  APPR FUND:        FUND:        EFF DATE RANGE: 100111 TO 
012612

  CUR DOC/SFX  REF DOC/SFX    INVOICE #   TC  PDT  PMT- #    DATE   APPR DT

             AP FUND  FUND  INDEX   PCA   AY  COBJ  AOBJ       TRANS AMT  R

 W2203839 001              073400         222 DA  061061263 120211   112811

              0110    0715  36500  11369  12  6125  0710         1604.69

 W2203839 001              073400         222 DA  061061263 120211   112811

              0110    7001  36500  11369  12  6125  0710          434.31

 F1-HELP   F8-NEXT PAGE     F9-INTERRUPT      ENTER-INQUIRE       CLEAR-EXIT


----- Original Message ----- 
From: "Larry Posont" <president.nfb.mi at gmail.com>
To: <nfbmi-talk at nfbnet.org>
Sent: Wednesday, February 01, 2012 12:09 PM
Subject: [nfbmi-talk] Fwd: Request for an Ethics Board Advisory Opinion


> Dear Michigan Federationists:
>     Please read this very carefully.
>
>
>
> Subject: Fwd: Request for an Ethics Board Advisory Opinion
> To: president.nfb.mi at gmail.com, jcscot at sbcglobal.net, laschuck at juno.com
>
> ---------- Forwarded message ----------
> From: "Cannon, Patrick (LARA)" <cannonp at michigan.gov>
> Date: Wed, 1 Feb 2012 11:18:05 -0500
> Subject: Request for an Ethics Board Advisory Opinion
> February 1, 2012
>
> Janet McClelland, Executive Secretary
>
> State Board of Ethics
>
> Michigan Department of Civil Service
>
> P.O. Box 30002
>
> Lansing, MI 48909
>
> Dear Ms. McCIelland:
>
> I am requesting an Advisory Opinion as to whether ethical concerns
> exist because a manager working for the Michigan Commission for the
> Blind (MCB) also serves as a member of the New Horizons board, a
> non-profit service organization.
>
> The Commission is a public rehabilitation agency, located within the
> Michigan Department of Licensing and Regulatory Affairs (LARA)
> providing an array of services to individuals who are blind or
> visually impaired, including vocational rehabilitation services,
> independent living services for the older blind, youth low vision
> services for visually impaired students in the K-12 system, as well as
> our Business Enterprise Program (BEP), serving as the State Licensing
> Agency (SLA) for blind entrepreneurs running food service facilities
> on State and Federal properties.  MCB also operates a residential
> Training Center in Kalamazoo, where students learn skills of blindness
> to aid them on their path toward independence.
>
> The Commission was created by Public Act 260 of 1978, and under the
> statute the Commission board is comprised of five members appointed by
> the Governor.  Each Commissioner serves for a 3 year term with at
> least 3 of the 5 appointees being legally blind and each serves as a
> voting member of the Board.
>
> New Horizons is a nationally recognized, private, not-for-profit
> rehabilitation agency providing vocational training and job placement
> in Michigan since 1964 with a primary goal focused on preparing people
> with disabilities for competitive employment and providing the
> necessary skills for consumers to assume responsibility for their own
> long-term success.  New Horizons works with referral and funding
> sources to help make employment services more readily available and
> accessible to persons with disabilities.
>
> The ethics question which has prompted this request for an Advisory
> Opinion centers on Ms. Gwen McNeal, the Manager of the Commission's
> Detroit Office, who also serves as a New Horizons board member.  A
> conflict of interest question has been raised by a commissioner, as
> well as by one of two blind consumer organizations in the state, the
> National Federation of the Blind (NFB) of Michigan in a resolution
> adopted at the organization's state convention last November.  All
> three commissioners are also NFB members, and the Commission's
> vice-chair is also the President of NFB of Michigan.
>
> Ms. McNeal was first appointed to the New Horizons Board in 2010 for a
> one year term and reappointed in 2011 to a two year term, with the
> verbal support and approval of her supervisor, Leamon Jones, MCB's
> Director of Consumer Services.  Ms. McNeal contends that her service
> on the board is not in conflict with her duties as MCB Southeast
> Region Manager, asserting that at no time did she, as a board member,
> vote on anything coming before the board related to financial
> interactions, contractual arrangements or programmatic services with
> the Commission.  She is strictly a volunteer, receiving no
> compensation, meets on her own time and does not directly supervise
> the 2 counselors who may choose with their consumers, to receive
> services from New Horizons.  She also rejects, as false, the
> contentions of the NFB resolution challenging her board service as a
> conflict of interest.
>
> In addition to the points raised in this letter you will also find
> several attachments that may be helpful in formulating an opinion.
> These attachments include the NFB Resolution 2011-08, excerpt from the
> draft minutes of the December 9 MCB Commission meeting where the issue
> was addressed, excerpt from the 2009 RSA Monitoring Report related to
> New Horizons, New Horizons policy on conflict, New Horizons position
> description for board members, several confidential sets of minutes
> from New Horizons board meetings which Ms. McNeal has participated in
> and finally, several threads of email correspondence regarding
> conflict charges raised by Paul Joseph Harcz, Jr., a concerned citizen
> and NFB member.
>
> Is it a conflict of interest under the State Ethics Act, MCL 15.342,
> for Gwen McNeal, a state employee and Manager of MCB's Southeast
> Region, to continue to serve on the Board of New Horizons?  Thank you
> for considering our request for an Advisory Opinion on these issues.
> If you would like any additional information please contact me
> directly at 335-4265.
>
> Sincerely,
>
> [cid:image002.jpg at 01CCE0D3.2ACC38D0]
>
> Patrick D. Cannon
>
> State Director
>


--------------------------------------------------------------------------------


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