[nfbmi-talk] sorry new horizons letter to nfb

[joe harcz Comcast]

  JOHN C. CASHEN

            JCASHEN at BODMANLAW.COM

            248-743-6077

             

             

             

             

            BODMAN PLC

            SUITE 500

            201 W. BIG BEAVER ROAD

            TROY, MICHIGAN  48084

            248-743-6002 FAX

            248-743-6000

             
           
        

 

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
-------------- next part --------------
A non-text attachment was scrubbed...
Name: clip_image002.jpg
Type: image/jpeg
Size: 2299 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nfbmi-talk_nfbnet.org/attachments/20120107/964f67fd/attachment.jpg>