[nfbmi-talk] Fw: (no subject)

[joe harcz Comcast]

----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Marcus Simmons" <president at map-n.org>; "NFB of Michigan Internet 
Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Sunday, September 15, 2013 8:14 PM
Subject: Re: [nfbmi-talk] (no subject)


> 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?
>
>
>
>
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/president%40map-n.org
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net