[nfbmi-talk] Fw: Conflict of Interest Complaint

Tue Oct 22 08:28:17 UTC 2013

This is Classic BS from the chief of the BS agency.

So since MR. Rodgers, Chief of BS, obviously relies on the fact that Ms.
McNeal serves on a voluntary and non-compensated basis on the new Horizons
board, and therefore, there is no conflict-of-interest by virtue of Ms.
McNeal's BS4Bp position and New Horizons board service, despite her approval
of contracts to New Horizon from BS4Bp. 

Question:  So how is Ms. McNeal's VOLUNTARY UMCOMPENSATED New Horizons board
service NOT a CONFLICT-OF-INTEREST, but Mark Eagle's VOLUNTARY UNCOMPENSATED
MCB board service WAS FOUND to be a CONFLICT-OF-INTEREST?

Just because McNeal's supervisor, who also has a perceived  stake in the New
Horizon's outcomes, says it is not a conflict-of-interest does not make for
a conflict-of-interest.

It seems to me that there is a usual double standard at play here. 

More questions than answers:
1.  Where is the principle of an "appearance of a perceived
conflict-of-interest" not applied here, as in the case of Mark Eagle?
2.  Why was this :advisory opinion" of the State Ethics Board NOT presented
to and determined by the State Ethics Board, rather than a single state
employee?
3.  Why is it acceptable for Ms. McNeal to "recuse" herself on matters that
appear to indicate a conflict-of-interest, but it WAS NOT ACCEPTABLE for
Mark Eagle to "RECUSE" himself in matters whereby there may be a perceived
conflict-of-interest? 
Mr. Rodgers where is your code of conduct in such a matter?  This issue not
only raises a question of ethics and integrity on the part of Ms. McNeal, it
also places a shadow over both you, Mr. Rodgers, and Mr. Zimmer, with regard
to the ethics and integrity of the two of you, as an attorney and sworn
officer of Michigan courts, and operating under a code of conduct, that
demands that any situation that even presents an appearance of a
conflict-of-interest should be handled in a manner as if an actual
conflict+-of-interests exists. 

Mr. Rodgers response leads me to conclude the 1) there is once again a
double standard active within the agency serving blind persons, with respect
to ethical standards and expected conduct, 2) that the difference is that
Ms. McNeal is not affiliated with NFB and Mark Eagle was identified as
affiliated with NFB, therefore, discrimination based on affiliation with the
NFB is once again being exhibited by individuals at the top of the agencies,
and 3)  it demonstrates and reinforces that a culture of corruption is
present and alive within the agency charged with serving the blind citizens
of Michigan. 

I know the TRUTH hurts, however it also shall set the captives free.

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast
Sent: Friday, October 18, 2013 2:46 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] Fw: Conflict of Interest Complaint

----- Original Message ----- 
From: joe harcz Comcast 
To: Rodgers, Edward (LARA) 
Sent: Friday, October 18, 2013 2:45 PM
Subject: Re: Conflict of Interest Complaint

Mr. Rodgers,

As area supervisor Ms. McNeal has signed off on more than $100,000 of PSBP
funds to New Horizons this fiscal year alone while on their board.

Moreover, note the "reversion to vendor" issues cited in the RSA monitoring
report relative to New Horizons, the McComb ISD, and MCB on "transition
programs". That was also during the time McNeal was area supervisor.

As pointed out before it is not an issue whether or not McNeal gets money
for her board service. What matters is that she is steering federal funds in
to this Community Rehabilitation Program. Moroever, this CRP also carries a
Section 14 C certificate and employes many people with disabilities at
sub-minimum wages.

Regardless this is more than an appearance of conflicted interests by a
State official and steward  of state and federal funds.

And the contention by New Horizons attorneys (Bodman, LLP) that it wasn't a
conflict is self serving at best. (Those are the Cannon issues you brought
up.) It is the purely interested party saying that they have no interest. I
mean after all they examined themselves. This is apparent upon its face.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 
  From: Rodgers, Edward (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Luzenski, Sue (LARA) 
  Sent: Friday, October 18, 2013 2:31 PM
  Subject: Conflict of Interest Complaint

  Good afternoon Mr. Harcz,

  Mr. Michael Zimmer, Chief Deputy Director of the Michigan Department of
Licensing and Regulatory Affairs (LARA) has asked me as the Director of the
Bureau of Services for Blind Persons (BSBP) to respond to your recent
conflict of interest complaint concerning BSBP employee Ms. Gwen McNeal. 

  I have investigated your allegations concerning Ms. Gwen McNeal.  During
my investigation I discovered that these are not new allegations.  

  Our investigation of the conflict of interest allegation reveals that Gwen
McNeal explained her voluntary service on the New Horizon Board in January,
2012.  On February 1, 2012 Pat Cannon, Director of the Michigan Commission
for the Blind (MCB) requested that Janet McClelland, Executive Secretary of
the State Board of Ethics present his letter as a request for an Advisory
Opinion of the Board.  

  Briefly the background is Ms.  McNeal was first appointed to the New
Horizons Board in 2010 for a 1 year term.  She was reappointed in 2011 for a
2 year term with approval of her Supervisor.  Ms. McNeal is strictly a
volunteer, receiving no compensation, and meets with the Board on her own
time and does not directly supervise the 2 counselors who may interact with
New Horizons.  

  Ms. Marie Lisle, Personnel Director of LARA became involved in this matter
and eventually on July 9, 2012 Ms. McNeal signed a statement which was given
to Marie Lisle.  The statement stated in pertinent part and was drafted by
the Department.

  "You must recuse yourself from all votes on anything coming before the
board related to financial interactions, contractual arrangements or
programmatic services with the Michigan Commission for the Blind (MCB) or
the Bureau of Services for Blind Persons, which will be created October 1,
2012."

  It is my understanding that the Board of Ethics found no conflict of
interest in this situation. After reviewing this situation I don't believe
this is a conflict of interest.  We have always encouraged our employees to
be involved in any activity which is not in conflict with our official
duties which does serve the blind community.  We've always had employees who
were involved with NFB, the American Council and other worthwhile community
groups.  

  Edward F. Rodgers II

  Director

  Bureau of Services for Blind Persons

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