[nfbmi-talk] Fw: Response to FOIA Request of 1-15-12 - EOC Special Mtg. of 1-14-12 Recording & Draft Minutes

Tue Jan 24 18:14:41 UTC 2012

----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast (joeharcz at comcast.net) 
Cc: Cannon, Patrick (LARA) ; Farmer, Mel (LARA) ; Turney, Susan (LARA) ; Luzenski, Sue (LARA) ; Zanger, Connie (LARA) ; Hull, James (LARA) 
Sent: Tuesday, January 24, 2012 10:37 AM
Subject: Response to FOIA Request of 1-15-12 - EOC Special Mtg. of 1-14-12 Recording & Draft Minutes

January 24, 2012 (Recording sent via US Mail, Prepaid on this date)

Mr. Paul Joseph Harcz, Jr.

Email:  joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

Re:  Draft Minutes and Recording the January 14, 2012, Elected Operators Committee Special Meeting

Dear Mr. Harcz, Jr.:

This letter is in response to your January 15, 2012, email request for copies of public records, received January 16, 2012, by this office.  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 which you described in your email as:  "I am writing today (1-15-12) to request the recording of yesterday's EOC meeting and subsequent draft minutes as soon as the latter are processed and the recording forthwith" and "As per the recording I request it as an mp3 file put on a "thumb drive" and mailed to my physical address listed above."

Your request is granted as to existing, nonexempt records in the possession of this department responsive to your request.  Please find below and attached to this email, the draft minutes of the 1-14-12 EOC Special Meeting.

On this date (1-24-12), a copy of the recording was placed in the US Mail, prepaid to the address above.

As the cost of this FOIA is under $25.00, we will not charge for this request although we may charge for other requests from you or other requestors.

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Michigan Commission for the Blind

cc:     Patrick Cannon

          Mel Farmer

          Susan Turney

          Elsie Duell

          Constance Zanger

          James Hull

Attachment - Draft Minutes

Elected Operators Committee Meeting Minutes, Saturday, January 14, 2012, by teleconference. The meeting was called to order at 9:05 AM, and was chaired by James Chaney.

Roll Call:

Present: Greg Keathley, Garnet Prentice, Dale Layer, Andrea Nelson, Kevin Tomczak, Matilda Steele, Rob Essenberg, Shane Jackson, James Chaney, and Risa Patrick-Langtry.

BEP Staff Present: James Hull, Constance Zanger, and Jennifer Doroh.

Guests Present: Lulunda McDonald, Dave Robinson, Larry Posont, Hazell Brooks, Joe Harcz, Joe Sontag, and Dan Furton.

Reasons for the Meeting by James Chaney:

1. Discuss the House of Representatives Cafeteria.

2. Hiring another promotional agent for the program versus a trainer.

House of Representatives Cafeteria by the committee: Constance Zanger reported that the House of Representatives have been unhappy with BEP services for quite some time. Rather than continue the service, they would rather have no service at all. It became clear that not only are they seeking a change in operator, but a change in management and focus. The facility is temporarily closed due to remodeling changes until the facility can be opened under new management. Bob Lozier is providing the vending service at the location. Constance Zanger explained the specific remodeling changes to the facility. The manager would like to have input in the selection of the operator and it is not a training opportunity. A fully qualified operator is needed to operate the cafeteria. The BEP is asking for the following: Change the policy that prevents the operator without cafeteria certification to operate a cafeteria for one time, and change the process to allow the administrative staff to interview fully qualified cafeteria certified operators to manage the location. Members shared concerns with building management and catering. Discussion took place on how many operators were cafeteria certified. There was also discussion on the most recent training class having a chance to bid on the facility. Emphasis was placed on blind presence at the location. After discussion, Rob Essenberg made the following motion which was seconded by Garnet Prentice

We allow an one time interview process for the House of Reps being that the manager of the building is non-mandated, that we allow an interview process and the state agency work with representatives from the EOC to develop an interview process being inside or outside the program and the candidate or partnership incorporate a blind individual in running of that facility.

The motion passed via voice vote. An ad-Hoc committee consisting of Andrea Nelson, Rob Essenberg, James Hull, and Constance Zanger was formed to begin work on the process. This committee will report progress directly to James Chaney and once the facility is back on the bid line, operators from within and outside the BEP will be considered. Operators who have suggestions for candidates or how the interview process is to be developed were invited to call or E-mail the small committee. Lucy Edmonds was asked to put an announcement on the bid line explaining the committee's decision. The committee also discussed Terry Eagle as an outside candidate.

Promotional Agent versus a Trainer for the BEP by the Committee: Committee members expressed strong interest in having a blind trainer for the BEP. A survey that the EOC Ad-Hoc committee asked the agency to put together from the 2009 through 2011 training classes was forwarded to Andrea Nelson on behalf of Constance Zanger. Constance Zanger provided historical background on the trainer position. There is no civil service position for a trainer. It was referred to as a "Maintenance Mechanic." The position of the new PA that the agency is looking at was provided as well as some of the duties that promotional agents have. Committee members expressed that they would like to see the training get moved back to the training center in Kalamazoo or other locations like apartments. Rob Essenberg provided information on training structure that the EOC ad-Hoc committee was looking into implementing. He discussed facilities being a three tiered system and the training class be structured in a modular structure. The role that current promotional agents should be providing to operators was discussed by James Hull based on Ad-Hoc discussions. The position for the PA is not posted at present. Concerns were shared by members regarding the new position. It was learned that Constance Zanger, Pat Cannon, Elsie Duell, and James Hull will have another chance to try to make the case that BEP has sufficient money to fill another position. No matter who is hired, they will have to go through training such as Serv Safe and vending machine training and should be continuous. Discussion took place on using an outside contractor to provide training/maintenance services along with a PA. No consensus was reached on this issue. James Chaney would like to have another discussion on the topic once more information is provided on LARA's stance. He does not want to be in a position where a person would lose a job and if a qualified trainer/maintenance is not found, then a possible PA/maintenance could be investigated. No motion was made in the tabling of the topic. James Chaney moved into public comment and it was seconded.

Public Comment by the Public:

1. Lulunda McDonald commented that a trainer is needed for the program as well as education.

2. Joe Sontag commented that the action taken by the committee regarding the House of Representatives cafeteria is a board action item and should not be preceded. He also commented on the facility's potential.

3. Larry Posont commented on the promotional system concerns with the State Plate. He also felt that the class before the hotel where the training is being held currently, did not get necessary training and a lot of money was saved when John McEntee was the trainer.

4. Hazell Brooks made comments on the trainer versus PA position. She also shared concerns with her building management.

5. Dale Layer commented if given the choice, he would do the training at the training center.

6. Comments were made about building managers and whether a discussion would be held to find out what expectations are.

7. Joe Harcz commented on the concerns with the nature of the program and violating Public Act 260. He also made comments on Terry Eagle's case.

8. Hazell Brooks wants to provide the best service possible for her customers despite her situation.

9. Lulunda McDonald inquired about the relationship between building managers and the health department.

10. Greg Keathley commented on cleaning of Panini grills.

Adjournment: James Chaney asked for a motion to adjourn the meeting. Dale Layer made the motion and Risa Patrick-Langtry seconded it. The meeting was adjourned at 12:35 PM.

Preparation and Distribution of Minutes by Jennifer Doroh:

Minutes were prepared and completed by Jennifer Doroh on Thursday, January 19, 2012.

Minutes were approved (by the chair on date.)

From:         joe harcz Comcast <joeharcz at comcast.net>

Sent: Sunday, January 15, 2012 8:20 AM

To:    James Cheney EOC

Cc:    Cannon, Patrick (LARA); Zanger, Connie (LARA); Hull, James (LARA); Larry Posont MCB Comm.; lydia Schuck MCB Comm.; John Scott MCB Comm.; Haynes, Carla (LARA); nfbmi-talk at nfbnet.org; Joe Sontag; terry Eagle; Mark Eagle; Hazell Brooks; rutherford_beard at yahoo.com

Subject:     request eoc recordings etc

January 15 2012 Request EOC Recording and Subsequent Minutes

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

joeharcz at comcast.net

Re:  Information Related to EOC Special Meeting January 14, 2012

To: Patrick D. Cannon

Constance Zanger

James Hull

(All Michigan Commission for the Blind via -email)

James Chaney, Chair Elected Operator's Committee

(via e-mail)

Dear All,

I am writing today to request the recording of yesterday's EOC meeting and subsequent  draft minutes as soon as the latter are processed and the recording forthwith. As a blind person I request the minutes in accessible format pursuant to the ADA and Section 504. That should be as either a Word attachment or plain text enclosure sent to my e-mail address listed above and within eight (8) working days of the meeting pursuant to the Michigan Open Meetings Act.

As per the recording I request it as an mp3 file put on a "thumb drive" and mailed to my physical address listed above.

As an aside the original proposal relative to the "state plate" and involving DTMB managers in anything, let alone assignment of mandated locations is expressly violative  of Public Act 260 at 

its fundamental core. DTMB, nor any other agency of State of Michigan government are not the State Licensing Agency. That is the sole province by law of the Michigan Commission for the Blind. That is precisely what our legislature voted to approve back in 1978 when MCB was in fact created. There is know argument that persuades me otherwise.

For Ms. Zanger in her position to even propose what she proposed falls clearly out of her authority and frankly violates her very job description in very obvious fashion.

She is by pay and designation the MCB Administration and not DTMB, or their surrogate.

She cannot unilaterally abdicate authorities prescribed clearly in the RS program or PA 260. Nor can DTMB personnel such as building managers for that matter.

Only acts of congress in the case of the RS program and the State Legislature in the case of PA 260 can do that.

Regardless, I request the information requested.

By the way, James I think you do a fine job given all the garbage that has gone on in this program. I, sincerely hope you do not think that is "damning you with feint praise". It is not.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB MI

Cc: several operators past and present

Cc: Carla Haynes, MCB

Carla Miller Haynes

DLARA Michigan Commission for the Blind

201 N. Washington Sq., 2nd Floor

P.O. Box 30652

Lansing, MI  48909

Phone:  517/373-2063

FAX: 517/335-5140

www.michigan.gov/mcb
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