[nfbmi-talk] New Horizons

Larry Posont president.nfb.mi at gmail.com
Sat Jan 7 20:49:14 UTC 2012


National Federation of the Blind of Michigan
20812 Ann Arbor Trail
Dearborn Heights, MI 48127

January 7, 2011

Dear Michigan Federationists:

	Here is A letter I wrote, In response to a letter that was sent to me
by the lawyer of New Horizons. This is in regards to Resolution
2011-08. Please distribute this as widely as possible. Thank you for
your cooperation in this important matter.

Sincerely yours,

Larry Posont, President
National Federation of the Blind of Michigan
(313) 271-3058
Email: president.nfb.mi at gmail.com
Web page
www.nfbmi.org

National Federation of the Blind of Michigan
20812 Ann Arbor Trail
Dearborn Heights, MI 48127

January 6, 2011

John C. Cashen
BODMAN PLC
Suite 500
201 W. Big Beaver Road
Troy, Michigan 48084

Dear Mr. Cashen,

I am in receipt of your letter dated December 21, 2011.  I am posting
this letter and yours on our Web site, so that those who have
an interest to know may have such facts as are available.  Your letter
asserts factual errors in the resolution about New Horizons
adopted by the convention of the National Federation of the Blind of
Michigan.  Your letter also asserts that the resolution
"deceives" the reader.

At the outset, I note that your letter refers to the resolution as
2011-18.  I believe that the resolution bore the number 2011-08.
I offer you this information because I want to be sure that we are
discussing the same resolution.  I also hope that the assertions
contained in your letter have been more carefully drafted than this one.

The review I have made of the assertions in your letter has not
demonstrated to me that there is substantial factual error in the
resolution.  I note as a curious element of your letter that you tell
me that the Commission for the Blind asserts (and you
apparently believe) that the arrangement described by the
Rehabilitation Services Administration about which the resolution was
complaining has "ceased."  I do not know whether you meant to admit
that there was a practice which should have ceased, but your
letter makes me wonder about such an admission.

As I have said, I am posting your letter along with mine on the
Internet so that your assertions may receive appropriate evaluation
along with statements contained in the resolution adopted in November
of 2011.  I assure you that it is our wish to state accurately
the practices that we find at the Commission for the Blind. I assure
you that it is our wish to characterize accurately the
relationship between the Commission and New Horizons.  I assure you
that it is our wish to support thoroughly and promote
effectively honorable behavior that brings opportunity to the blind.
If you can demonstrate that the statements in our written
documents are inaccurate, I assure you that we will retract them.
However, we believe what we have said states the truth with
reasonable accuracy.

Sincerely yours,

Larry Posont, President
National Federation of the Blind of Michigan
(313) 271-3058
Email: president.nfb.mi at gmail.com
Web page
www.nfbmi.org

December 21, 2011
VIA EMAIL – President.nfb.mi at gmail.com
and FIRST CLASS MAIL

Mr. Larry Posont
President
National Federation of the Blind of Michigan
20812 Ann Arbor Trail
Dearborn Heights, MI  48127-2677


Re:     New Horizons Rehabilitation Services, Inc.
Dear Mr. Posont:

We are the attorneys for New Horizons Rehabilitation Services, Inc.
(“New Horizons”).  NFB – MI’s Resolution 2011-18 has come to our
attention.  The Resolution is factually inaccurate and misleading.  We
request that NFB – MI consider the true facts and issue a retraction
of the Resolution.  These facts are:
1.      New Horizons is a nonprofit organization providing vocational
training and job placement in Michigan for people with disabilities.
New Horizons is devoted to promoting and expanding opportunities for
individuals with disabilities including those with vision impairments.
 New Horizons has been engaged in its mission for over 45 years.
2.      Gwendolyn McNeal is a trustee on New Horizons’ Board of Trustees.
Ms. McNeal has over 30 years’ experience in state agency vocational
rehabilitation.  She was invited to join the Board to add her
expertise and perspective to New Horizons’ programs for its consumers.
 Neither Ms. McNeal nor any other trustee receives compensation for
service as a member of the Board.
3.      Contrary to Resolution 2011-18, New Horizons does not engage in
cash match agreements with the Michigan Commission for the Blind
(“MCB”).  New Horizons provides fee for services arrangements with MCB
and others with, in general, consumer choice dictating whether the
service is furnished by New Horizons or another provider.
4.      Contrary to Resolution 2011-18, the Rehabilitation Services
Administration (“RSA”) did not find that New Horizons engaged in “an
illegal ‘cash match’ agreement” with MCB and the Macomb Intermediate
School District.  Rather, the RSA found, for the 2009 fiscal year,
that “MCB has failed to comply with the requirements of 34 CFR
361.60(b)(3) for the use of contributions from private entities for
matching purposes.”  RSA Fiscal Year 2009 Monitoring Report.
5.      Contrary to Resolution 2011-18, there was never a quid pro quo with
regard to any transaction involving New Horizons referenced by the
RSA.
6.      Resolution 2011-18 deceives the reader by inferring that the
arrangement described by the RSA is current or continuing.  In fact,
the MCB response, as indicated on the RSA Fiscal Year 2009 Monitoring
Report, states that the practice has ceased.
7.      The MCB issued an award to New Horizons for its exemplary service
in the community to those with vision impairments.  New Horizons
received a plaque, not a monetary amount.  This award was given before
Ms. McNeal became a member of New Horizons’ Board.
8.      There is no conflict of interest in Ms. McNeal’s position on New
Horizons’ Board and her position at MCB.  Ms. McNeal has not violated
any “state ethics guidelines.”  We have reviewed the Michigan ethics
law, MCL 15.341 et. seq., and it has not been violated.  There is no
basis for your speculation that state and federal laws may be
violated.  Ms. McNeal has not voted on any MCB business in her role as
a trustee for New Horizons.  She has complied with New Horizons’
conflict of interest policy.  She is not directly involved at MCB with
any fee for services arrangement with New Horizons.  She obtained
approval from MCB before assuming a trustee position at New Horizons.
Resolution 2011-18 places New Horizons in a false and derogatory
light.  We request that NFB-MI issue a retraction of Resolution
2011-18 to all recipients of the original publication, and post the
retraction on its website,  within thirty (30) days of the date of
this letter.  Please be advised that a failure to issue a retraction
of a defamatory statement, when given a reasonable time to do so, may
subject the person to exemplary and punitive damages.  MCL 600.2911.
If NFB-MI fails to issue a retraction, New Horizons may pursue its
remedies under the law.
Very truly yours,
John C. Cashen

JCC/dsb
cc:     Stan Gramke


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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