[nfbmi-talk] Fw: Conflict of Interest Complaint

Tue Oct 22 11:47:29 UTC 2013

Well said. And read on for I made the same points to Rodgers, et al in 
additional posts.
----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, October 22, 2013 4:28 AM
Subject: Re: [nfbmi-talk] Fw: Conflict of Interest Complaint


> 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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