[nfbmi-talk] Fwd: Request for an Ethics Board Advisory Opinion
joe harcz Comcast
joeharcz at comcast.net
Wed Feb 1 20:05:15 UTC 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
>
--------------------------------------------------------------------------------
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net
>
More information about the NFBMI-Talk
mailing list