[nfbmi-talk] (no subject)

Mon Sep 16 00:14:56 UTC 2013

The whole purpose of the civil service in its inception was both to protect 
workers and the citizenry from patronizinism, cronism and other forms of 
abuse and to promote a meritrracy in public employment.

This goes to civics 101 let alone those that are associated with the 
rightsof the blind under 504, or 503 or 501 for that matter which happen to 
attend to associated affirmative action obligations which some nmight 
dispute.

Regardless we in public employmebnt are not supposed to be a spoils system 
but rather a system of equality of opportunity generally speaking which isnt 
even close to its goals for those ofus who are blind.

TheRandolph Shepard program and associated PA 260 gives a specific 
preference which has never been removed in law and equity. Some in the media 
or others might not think it "Fair".. I won't even argue the fact for the 
fact is the law of this land and must befollowed regardless as to idiology 
if law is to mean anything.

In short if one wishes for a law to exist then he or she should advocate for 
it and visa versa. That is our process. The BSBBP and its minions have 
circumvented the law in so many ways I can't count them.

They just make it up as they go along. That sort of thing is called a 
dicatorship.

We either act by rule of law or we are in the worst sense of the term 
anarchial, lawless and act in arbitrary and capricious nature against the 
very people of which a governement was meant to engage, protect and serve in 
its very concept, to begin with.

In looking at the institution and development and implementation of the PA 
260 for example one thing is simple here it was developed not to promote the 
bureaucratic functionsoof individuals like Rodgers and others but, rather to 
advance the personal and collective rights, goals and fulfillments of 
individuals who happen to be blind and citizens of the state of Michigan.

How far has this freak Rodgers and his coherts come from this cimple matter?
----- Original Message ----- 
From: "Marcus Simmons" <president at map-n.org>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Sunday, September 15, 2013 7:18 PM
Subject: Re: [nfbmi-talk] (no subject)

Very good point!
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Cc: "Rodgers, Edward (LARA)" <rodgerse at michigan.gov>
Sent: Sunday, September 15, 2013 6:21 PM
Subject: [nfbmi-talk] (no subject)

what is you retirement sir
September 15, 2013

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Road

Mt. Morris, MI 48458

joeharcz at comcast.net

To: Ed Rodgers, BSBP

Via E-mail

Dear, Mr. Ed. Rodgers,

I noted with interest your inane comments to the MCBVI convention relative
to the alleged one million of expenses two  retirement benefits of retired
BEP operators over years. First, you make an assertion, but like always you
do not support contentions with documented facts. Secondly, I point you to
this:

Opinion #6882

The following opinion is presented on-line for informational use only and
does not replace the official version. (Mich Dept of Attorney General Web
Site

- www.ag.state.mi.us)

STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6882

November 29, 1995

COMMISSION FOR THE BLIND:

Operators of vending stands in government owned buildings

Blind vending stand operators under the Michigan Commission for the Blind
Business Enterprise Program are not state employees.

Lowell W. Perry

Director

Michigan Department of Labor

P.O. Box 30015

Lansing, MI 48909

You have asked if blind vending stand operators under the Michigan
Commission for the Blind Business Enterprise Program are state employees.
You indicate

your question is prompted by the claims of some operators that they are
employees of the State of Michigan and, thus, do not have to comply with
state

laws applicable to employers concerning paying unemployment compensation
taxes and providing workers' compensation insurance.

Under 1978 PA 260, MCL 393.351 et seq; MSA 17.581(1) et seq (Act), the
Michigan Commission for the Blind operates a program designed to aid blind
and visually

handicapped individuals. Section 9 of the Act requires that "[a] concession
in a building or on property owned or occupied by this state shall be
operated

by a blind person." I have previously concluded under this Act that blind
persons have the exclusive authority to operate concessions in state owned
buildings,

OAG, 1989-1990, No 6651, p 356, 357 (July 24, 1990), and that the Department
of Management and Budget may not charge rent for the operation of a
concession

by a blind person. OAG, 1981-1982, No 5940, p 279 (August 4, 1981).

In order to carry out the mandates of the Act, the Commission for the Blind
has established a Business Enterprise Program (BEP). In section 13 of the
Act,

the Legislature has also designated the Commission to implement the Randolph
Sheppard vending stand act, 20 USC Sec. 107 et seq. This is a federally
funded

state program that seeks to provide opportunities to blind individuals by
placing them in vending facilities in various government buildings. Under
section

5(g) of the Act, the Commission for the Blind has promulgated administrative
rules to implement the BEP. 1983 AACS, R 393.101 et seq.

This office has been informed that following evaluation, training, and other
services, a blind person is placed as an operator in the BEP running a
concession

in a government building. The operator and the Commission for the Blind
enter into a contract that provides, among other things, that the operator
will

pay a certain percentage of the concession profits to the Commission in what
is called a set-aside fee. The Commission, in turn, will provide supervision

and advice, needed equipment, and an initial stock of goods. The operator
sets his own prices and purchases his own stock after the initial stock is
provided.

The operator must obtain a comprehensive liability insurance policy. The
operator may hire other individuals as employees and is required to provide
workers'

disability compensation coverage for any employees hired. Rule 393.107(c).

Under the contract between the operator and the Commission for the Blind,
the operator is not paid by the State of Michigan for performing work for
the

state. Rather, operators receive the proceeds from the operations of their
vending facilities after paying their operating costs and set-aside fees.
Rule

393.106(2).

If the blind vendors were state employees, it would be necessary for the
Civil Service Commission to classify them in the classified state civil
service

in accordance with Const 1963, art 11, Sec. 5, which provides, in part:

The classified state civil service shall consist of all positions in the
state service except those filled by popular election, heads of principal
departments,

members of boards and commissions, the principal executive officer of boards
and commissions heading principal departments, employees of courts of
record,

employees of the legislature, employees of the state institutions of higher
education, all persons in the armed forces of the state, eight exempt
positions

in the office of the governor, and within each principal department, when
requested by the department head, two other exempt positions, one of which
shall

be policy-making. The civil service commission may exempt three additional
positions of a policy-making nature within each principal department.

It has been held that except to the extent that a position may be exempt
under this section, all employees of the state are required to be classified
into

the state civil service. Commissioner of Insurance v Michigan State Accident
Fund, 173 Mich App 566, 582; 434 NW2d 433 (1988), lv den 433 Mich 872
(1989).

The position of vending stand operator has never been exempted from the
classified state civil service or classified in the state civil service by
the

Civil Service Commission.

Blind concession operators are included within the state employees'
retirement system. Section 13a of 1943 PA 240, MCL 38.13a; MSA 3.981(13a)
provides in

part:

Effective January 1, 1973, blind or partially sighted persons licensed as
vending stand operators within the controlled programs of the bureau of
blind

services are deemed to be employees within the meaning of this act for state
retirement purposes only, and except as hereinafter provided are entitled

to all the rights and benefits of state employees covered by the provisions
of this act. [ Emphasis added.]

The language "for state retirement purposes only" evidences an intent that
blind vending stand operators are not considered state employees for general

purposes.

It is clear that blind vending operators in the BEP are clients rather than
employees of the Michigan Commission for the Blind. With the exception of
those

services provided by the Commission in accordance with the Act and
implementing administrative rules, the operators are independent
concessionaires with

the authority, in their capacities as employers, to employ other persons.

It is my opinion, therefore, that blind vending stand operators under the
Michigan Commission for the Blind Business Enterprise Program are not state
employees.

Frank J. Kelley

Attorney General

http://opinion/datafiles/1990s/op06882.htm

Finally aren’t you an outright hypocrited being a highly paid political
operative and administrator who is vested very deeply in the Michigan
retirement system for virtue of same along, with of course, your cronies and
fellow travelers like say Mik Pemple and the new layers of administratition
created under your domain like BADBP under BSBP?

Gee, wouldn’t it be ironic if some challenged your retirement benefits upon
your retirement?

Of course I’m only a citizen with no stake in this game of screwing state
employees under you or those clearly established in the BEP program by state
law under the BEP program for retiree benefits as the AG opinion suggests as
I am not a “Hack” like yourself or a former BEP employee.

Some might say as Bill Clinton once said, “I don’t have a dog in this hunt.”

But, I do sir. I am a citizen and yyou and the state of Michigan work for me
and not the other way around. And I want justice and I want you, a nominal
lawyer working for the State to foollow the law and not to act with willful
indifference and arrogence to it.

Now, how much are you, Mr. Rodgers vested in the Michigan State Retirement
system? In other words once you retire what is the liability of the
citizens, including me to your retirment sir?

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