[nfbmi-talk] still not responsive for the record

Sun Jul 8 20:27:53 UTC 2012

Dear Fellow Federationists:

    Today, I received the answers to the questions we asked Pat Cannon at our State Convention. His answers are below. I have not

read them yet, but I thought all of you would like to see them.

sincerely

Larry J. Posont, President

National Federation of the Blind of Michigan

517-482-1800

Email:

president.nfb.mi at gmail.com

Web page

www.nfbmi.org

Question 0

We think this would be a good beginning statement before true questions even begin.

You are on this stage as a guest of the national Federation of the Blind of Michigan.  You must recognize that in our view you have

maliciously attacked this organization and our members by firing them, besmirching their reputations and reducing their future

earnings as retirees in the Business Enterprise program in an attempt to thwart and reduce our ability to advocate on behalf of

blind people.  You have used your political influence and inside knowledge to load the Commission Board with your picks.  You have

failed to inform us of reductions in Newsline funding thus putting the NFBMI in a supplicant role to vainly attempt to neuter us and

prevent us from our rightful role as advocate and watchdog. Do you promise to fully and honestly answer our questions for the

record?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 1

During the March Commission board meeting, it was said that the Michigan Commission for the Blind would hire a nonbiased moderator

to help facilitate the ongoing discussion regarding the college policy. However, it seems clear that the person who was hired to

facilitate the June college policy meeting was bias towards the agency, against consumers, and did not possess a positive belief

about blindness in general. Can you explain why your agency decided to hire a facilitator who had personal connections with a member

of the Commission Board rather than hire someone who was completely neutral to these issues?

Pat's Response

The facilitator we utilized was referred to the Commission by John Victory, the individual with whom we have worked for many years

on our Vision 2020 initiative.  While I recall that the facilitator had a conversation with one of our commissioners prior to

beginning her work with us I do not believe that they knew each other prior to the college policy review team.  If there was a

previous relationship I am unaware of it.

Question 2

This week there were 13 facilities on the BEP bid line.  To our knowledge at least 2 blind people, one with a bachelor's degree in

foodservice requested work.  They were refused.  Meanwhile, the MCB is presumably hiring sighted people who regularly do not pay

their fees to work.  Another operator with significantly below the minimum income for a highway vending operation has repeatedly

been denied merging of her facility with other surplus facilities.

·        Can you explain how you can justify denying jobs to blind people in a program designed to employ them?

·        Can you provide any reasonable justification for withholding income from other blind persons when there are not enough

blind people trained to fill positions available.

·        How can you explain the lack of planning that has led to this crisis.

·        Can you plausibly deny that you may have had an inkling that there would be an early retirement incentive program?

Pat's Response

I first became aware of the possibility of the early retirement initiative in January 2010 when the Governor announced her

intentions at a news conference in Lansing.  Her proposal, of course, could not be implemented until the legislator took action on

it and several months had passed and the legislation went through several iterations until it was finally enacted several weeks ago.

Some of our more experienced operators will be availing themselves of the early retirement available to state employees and this

will leave vacancies within the BEP.  Staff has been working for some time to develop plans to address these vacancies.  Some of

these steps are as follows:

-all applicants wishing to be considered as temporary operators must complete a full application and pass a state police background

check;

-BEP staff has been contacting VR staff to pursue interested clients and requesting that they complete this application;

-BEP staff has been communicating via the bid line requesting that operators seek out potential temporary operators, including

family members and retirees;

-BEP Staff and the EOC have been working to develop alternative training programs that would assist in placing blind individuals in

facilities while gaining training to enter into the program.

The BEP endeavors to place only those individuals that have food service experience into facilities in an effort to maximize service

and is especially interested in placing those individuals who have a vested interest in our program, individuals who are blind,

retired operators, or thus who are related to licensees.  With this said, though, the BEP cannot place individuals who have

unresolved issues that we have been made aware of prior to their placement and we work to replace those persons who have prior or

current issues at their facilities as soon as possible.  Unfortunately, past pools of temporary operators have prevented that in an

expedited fashion.

The BEP is aware of the struggles that temporary operators have had in its facilities in the past and is working on new methods to

resolve or prevent issues in this current climate.  One of the steps that are being taken is that Promotional Agents will be

directed to make no less than one phone contact each week with temporary operators and no less then one in person visit every two

weeks to facilities that are being run by temporary operators.  It is in this way that we hope to provide ongoing support and

supervision to those locations.  Additionally, the EOC has begun discussions about licensees in other facilities working as mentors

for temporary operators in order to provide continuous support.  While this plan is in the early stages, BEP staff always encourages

active participation from its licensees.

In regards to training the BEP has at least 4 current potential operators and 9 students who will be completing their training in

early February.  As not all of the retirements within BEP will be taking place until the end of December, this only requires

temporary operators to operate many facilities for less than two months.  Additionally, the BEP is planning to conduct another

training class in the spring and will continue to work with the EOC on alternative training methods as previously mentioned.

Further, Larry, you should be aware that the BEP is ensuring that each retiree not be required to stay even one day past their

intended retirement date.  Licensees who have been awarded facilities being vacated by  Retirees are being transitioned directly

into these locations as it is not fair to require people to work past the date that they intend to and, as such, the placement of

temporary operators is even more difficult because we are not sure what facilities will be vacant at what time.  Regardless, the BEP

staff and EOC are committed to the continuous operation of its facilities and will work to ensure that these locations be preserved.

Question 3 and 3.5

It has been reported widely that you told Andy Levin that you did not fire Christine Boone because of the marksmanship class. So if

you did not fire her for the marksmanship class than what did you fire her for?

Question 3.5

Well Pat, if you can't discuss Christine or her case at this time, how is it that you have been able to talk about her, the

marksmanship class and related issues, with people like Andy Levin and Sherri Heibeck?

Pat's Response

As stated at the NFB Convention in October I am unable to address personnel matters which are in various stages of appeal.

Question 4

What is your classification under civil service? If it is an LTA, which is limited term appointment, when was it completed and who

approved it?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 5

Blind students across the state encounter a wide variety of problems getting a quality education.  Some districts do a good job

while others fail their blind pupils.  We are aware of testing issues in 2 districts, currently.  Through our encounters with blind

students from across the state we are aware that few of them are reasonably fluent in Braille and are not reading at grade level.

Public Act 260 states in part:

393.356 Employment and duties of educational consultants; informing commission of schools with visually handicapped students;

liaison and program coordination.

Sec. 6.(1) The commission may employ qualified educational consultants to assist public or private school teachers responsible for

teaching visually handicapped students.

Educational consultants shall assist public and private school teachers by providing methods and materials for teaching visually

handicapped students. The superintendent of public instruction shall inform the commission of the schools in which visually

handicapped students are enrolled.

(2) The director or a person designated by the director shall be the liaison between the commission, the schools for the blind, and

the superintendent of public instruction, and shall coordinate all programs affecting blind students.

I draw your attention to part 2 of this section.  It says that you or your designee SHALL coordinate all programs for blind students

in Michigan.  To our knowledge you play no such role, why not.  Are you violating the law by not complying?  Do you plan to begin to

follow the law?  What is your plan to do so?  Are you receiving a list of all schools where blind students attend?  Does someone

from MCB meet these students and parents to help prepare them for the future?  If the list is not provided, how do you intend to

gain access to it?  What steps have you taken to get such a list?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 6

The state accounting system, once known as MAIN (Michigan Administrative Information Network) has never been fully accessible to

blind state employees, some of whom need to use it in their job duties.  There have been successful ADA lawsuits in other states on

this very topic, thus putting Michigan at risk for a similar suit.  You have been the state ADA Coordinator for most of the Granholm

Administration.  Many blind employees in MCB and throughout state government are prevented by this lack of accessibility from

competing on a level playing field with their sighted colleagues.  What have you done to correct this violation of sections 504 and

508 of the Rehabilitation Act which you are directly responsible for, and the ADA, not to mention Michigan Public Act 220?   Why

haven't you done more to resolve this issue?  Is there any plan in motion to fix MAIN?  What have you, personally done to fix this

problem?  Is this a failure of your leadership as ADA coordinator?  Why haven't you made this a top priority as ADA coordinator?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 7

The Randolph-Sheppard Act requires "active participation" of blind operators in the "major administrative decisions" of the agency.

The Michigan legislature has passed a law that requires that Blind operators in the Business Enterprise Program be considered state

employees for retirement purposes.  You allowed blind operators retirement to be reduced by 10%.  There were no hearings; there was

no request to the Elected Operator's Committee to consider this major change.  The Commission Board did not consider this change.

Under what authority did you take future income from blind retired operators?  Why did you not properly enforce the

Randolph-Sheppard Act by requiring a full discussion of this change which reduces the incomes of blind people for years, by the

Elected Operators Committee and the Commission Board?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 8

You personally travelled to the General Office Building at the state Secondary Complex and removed a blind person from her job with

no due process.  Your illegal actions were rightfully overturned by the Commission Board.  Why did you, personally, violate the

Randolph-Sheppard Act?  When this was pointed out to you, why didn't you reverse your mistake?  Was it because the operator was the

President of the Merchant's Division of the NFB?  Were you retaliating against her for her advocacy on behalf of blind vendors to

enforce the catering policies and exclusive rights to sell food and related products on state property?  Is the fact that the

violator was in the bureau of retirement and you were actively seeking to illegally reduce blind vendor's retirements?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 9

You used your influence in the Democratic Party and in the Governor's office to remove Mark Eagle from the Commission Board through

the inexcusable use of an ethics investigation.  Why did you choose a means of removing a Commissioner, a very young person who is

actively working to pursue public office, which besmirches his reputation and which will follow him for the rest of his life?  Was

it because he was advocating on behalf of students who wished to fully participate in the development of a quality college policy?

Was it retaliation against his father who was advocating for blind vendors, some of whom were members of the NFB?  Why did you

testify to the Ethics Board that the major duty of the Commission Board is to review BEP complaints?  Is this your view of the role

of the Commission Board?

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

Question 10

In October of 2009 the Governor ordered that Newsline funding be cut.  The legislature acted on her order in January, yet you never

notified the NFB or Newsline officials of this critical matter.  It was not until Newsline submitted a bill for services that the

Commission notified Newsline of the funding cut.  You sit on the Governor's council.  You are the primary state executive for

administrating the payment of Newsline costs.  Did you do this to try to control the NFB by now offering a portion of the funding

and trying to make us beholden to you?  Is this why you have told consumers that this is your personal decision and that Commission

Board members all toe the line and defer the decision to you?  Are you playing politics with your authority and position to thwart

the advocacy of this organization?  Do you really think we can be bought off with money for Newsline?

Pat's Response

The substantive questions regarding Newsline were fully addressed at the 2010 NFB Convention, October 30, 2010.

Question 11

You have directly or indirectly caused all NFB members of your staff and leaders of the Business Enterprise Program to lose their

jobs.  Why are you conducting an attack on this organization?  Do you think our advocacy will be reduced by your bullying and

intimidation of our members?  How can you justify your abuse of power by taking jobs and incomes away from good people who are

actively involved in working to improve conditions for blind people?  What about your claims that MCB ought to be a consumer driven

agency when you are terrorizing blind people who speak up, whether on the Commission Board, The Business Enterprise Program or on

your staff?

Pat's Response

My relationship with NFB over the past many years was thoroughly addressed at the 2010 NFB Convention.  And, as stated then, I

cannot respond to questions related to personnel matters in various stages of appeal.

Question 12

As you know, the Rehabilitation Services Administration has conducted a review of the MCB.  To date, the results of this review are

not available to the public.  You have refused to release the preliminary results of this review to the public, under the FOIA or

ADA.  Why are you hiding this information?  Will you release the preliminary report?  When?  Is there embarrassing or damaging

information in the report which you don't want out before the election?

Pat's Response

Actually, I received the Final RSA Monitoring report on November 8 and it was immediately posted and broadly distributed.  It

remains on our website for inspection by anyone at any time.  Prior to RSA's release of the final report it was their guidance that

the previous draft report remains confidential and not available for distribution.

Question 13

Why does the MCB not fully comply with the Rehabilitation Act by holding hearings on the required Plan updates?

Pat's Response

We do hold hearings on the State Plan as called for under RSA guidelines.

Question 14

Why did you send Commission reappointments in to the Governor so far in advance?  Were you trying to get ahead of consumers who may

be interested in applying?

Pat's Response

As the MCB Director, it is not my role to initiate appointments or reappointments of Commissioners since these actions are taken by

the Governor's Appointment office.  Since the Michigan Senate has rejected the reappointments by the Governor the Commission now has

only three Commissioners serving with two remaining vacancies.  I have had no indication from the Governor's Appointment office as

to when these vacancies may be addressed.

Question 15

In sworn testimony a Commission counselor testified that she has had a total of 4 weeks of specific blindness training.  The NFBM

approached the Commission Board to work to review and improve staff training.  The Commission asked 2 consumers, 1 Commissioner and

1 MCB staff member to form a task force to work on this.  You defiantly set up your own committee heavily loaded with MCB staff in

an attempt to dampen and thwart consumer input.  Why did you set up a parallel committee when you were aware the Commission Board

was already working on this issue?  Was this another attempt to interfere with the Commissioner's rightful role in policy

development?  Do you think that 4 weeks of blindness training is adequate for a Commission counselor?  Are you willing to cooperate

and participate in the Commission Board's plan to work on staff training?

Pat's Response

An internal committee to address succession planning, staff training and other staffing issues affected by early retirements was

established in early 2010.  This planning effort was expanded to specifically address training on issues related to blindness and

will be continued at least through 2011 as called for in an objective adopted by Commissioners last December which states:

"Objective 5:  Continue the work of the agency's committee to review and improve staff training, particularly training of new agency

staff.  The committee also includes representation from the MCB Consumer Involvement Council (CIC), the Michigan Council of the

Blind and Visually Impaired (MCBVI) and the National Federation of the Blind (NFB) of Michigan.  The committee's works includes a

focus on enhancing the understanding of blindness and issues facing blind persons, which is intended to assist staff in serving

clients most effectively.  The progress on the committee's recommendations will be reported to Commissioners quarterly, with its

final report to Commissioners in December, 2011. "

Several recommendations from this Committee have already begun to be implemented and the Committee will be meeting next in late

March.

Question 16

Many times when controversies erupt, you or someone in leadership raises the specter that if we can't get along the Commission may

be merged with MRS.  Is this a way to impede advocacy.  Are you actively working on a plan to merge the 2 agencies?  Is the Governor

of the DELEG director working on such a merger?  Would you see this as a punishment to the NFB for our questioning of management

practices at MCB?

Pat's Response

As most people know, I have steadfastly advocated for the continuation of specialized services for the blind through a separate

blind rehab agency.  While MCB has an excellent working relationship with the general agency, Michigan Rehabilitation Services

(MRS), you will be pleased to know that both Jaye Porter, the MRS Director, and myself continue to oppose a merger or consolidation.

Having said that, though, we should all be aware that thoughts and conversations of possibly merging the blind agency with the

general agency occur frequently in states where a separate blind agency exists.

Question 17

Why is staff continually telling clients that there is insufficient money to provide all the services they request while at the same

time you maintain huge surpluses of money?  Why haven't you spent available money to help blind people get training equipment and

jobs as the legislature and congress have provided?  Why have MCB staff called the NFBMI for donations of equipment for seniors when

there is more than a million dollar surplus in the account to fund senior blind programs?  Is this a way to intimidate and control

blind clients?

Pat's Response

While no agency is big enough or wealthy enough to provide all of the things for people that they may want or need, the Commission

does receive a considerable amount of Federal and State funds to provide rehabilitation services to our clients.  Although these

resources are not unlimited, we do have a responsibility to utilize them prudently in the best interest of all of the clients we

strive to serve well.  Each of our clients is to be served on an individualized case by case basis in an effort to provide the

unique services they need to address their specific goals and their Individualized Plan for Employment (IPE).  While I hope that

none of our staff would ever say that "we are broke" it is possible that our attempt at prudence may at times be misunderstood or

misinterpreted.

We are not aware of a Commission staff person asking NFB to donate computers for our clients, although a member of MCBVI has been

working on a project to make refurbished computers available to blind individuals.  We continue to make computers and other

technology available to our clients and in this past year have increasingly made technology available to older blind clients.

Question 18

When do you plan to retire from MCB?

Pat's Response

I have no plans to retire in then near future.

Question 19

I commend the agency for finally seeking the input of consumers when working on updating the college policy. However, it seems as

though there was never an open honest dialog about the use of the new DELEG Financial Needs form. Can you explain why you and your

agency were not willing to have an open honest conversation with consumers about the use of this new form?

Pat's Response

The form itself was discussed along with the College Policy and was agreed upon at that same time.

Question 20

During the college review process, I heard you as well as members of your staff say that there are several state agencies that use a

form similar to the new DELEG Financial Needs form. Can you name any specific state vocational rehabilitation agencies that use a

form similar to the new DELEG Financial Needs form?

Pat's Response

In addition to Michigan Rehabilitation Services and the Michigan Commission for the Blind, other state agencies which utilize forms

related to financial needs, include Pennsylvania and Virginia.

Further, in speaking with Dr. Fred Schroeder on the subject he noted that New Mexico used such a form when he was there and said

that there are many other states which do so.

Question 21

Will you work with us to get an intern that would help at the library with Newsline, calling folks, teaching the system, etc. This

would give a blind person experience with a job and being supervised.

Pat's Response

You will be pleased to know that we have and are utilizing client interns at the Braille and Talking Book Library (BTBL) to assist

library patrons in better understanding BTBL services.  As a long time supporter of Newsline, I will explore further with Sue

Chinault, our BTBL Manager, on ways in which we may further assist in promoting Newsline.

Question 22

Will you put NFB Newsline on the Web site and activity List?

 Pat's Response

We have had links on the MCB website for the National Federation of the Blind as well as the National Federation of the Blind of

Michigan for many years and are pleased to continue doing so.  As a result of this question, we have now added a special link to our

website for NFB Newsline and the link can be found under Resources/Other Resources/NFB Newsline.

Since the NFB Newsline is not an activity, per se, but rather a service or program, it would not seem appropriate to be listed on

our "Activity List" although we have information on Newsline available to Commission clients in many other ways and are pleased to

do so.

Question 23

Will you work with us to get a toll free number for Newsline.

Pat's Response

It is my understanding that a Toll Free number to access Newsline already exists:   1-888-882-1629.

Question 24

Will you encourage the board to be supportive of NFB Newsline and thus promote permanent funding.

Pat's Response

I believe that Commissioner's are already supportive of Newsline and, as I stated at the NFB Convention last fall, I will continue

to work with NFB leaders to identify potential sources for ongoing Newsline funding.

Question 25

Pat, how can you sleep at night, knowing that during the first 3 quarters of fiscal year 2010, MCB spent 130% of the budgeted amount

for administrative salaries and wages; and during the same time period, you spent just 2% of the available funds for services to the

older blind?

Pat's Response

The data presented in this question is not accurate and a more comprehensive picture of Commission services and expenditures can be

found in our 2010 Annual Report which can be accessed on the MCB website.

Question 26

The Commission for the Blind is supposed to be consumer driven. This important requirement is in some very important documents. How

do you see this being exemplified by the Commission today? How do you see the Commission being consumer driven in the future?

Pat's Response

As called for in PA 260 at least three of our Commissioners must be legally blind and we have consistently met or exceeded that

standard.  Beyond this legal requirement, MCB invites and encourages consumer participation in several ways, including the Consumer

Involvement Council, Service Delivery Design Team, Technology Committee, Diversity Committee, Image and Identity Team and the

Planning and Quality Team.  Further, one of the products from the MCB Ad Hoc Committee working on blindness training for Commission

staff, calls for the leaders of both NFB and MCBVI make presentations to new staff about their respective organizations.  And these

meetings will begin within the next few weeks.

Question 27

Why have you so incredibly failed at your duty to manage the Business Enterprise Program.

Can you blame your employees when you have personally participated in the purging of the program of NFB members?  By the way, all of

the examples above happen to be NFB members.  Can you plausibly disagree that you have attacked and continue to blatantly

discriminate against people for being members of the NFB?  Any denials of these points will be lies on their face.

Pat's Response

This was among the many issues I addressed in my comments at the NFB Convention, October 30, 2010.

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