[nfbmi-talk] trying again

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Don't know why this isn't posting as an enclosure...But here is the Bodman PLC letter to President Posont...
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

D
ecember 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