[nfbmi-talk] iowa bep program in the news challenged

Thu Nov 27 12:47:42 UTC 2014

Federal law does not supercede state interpretation of its bogus laws Terry! 
Ed Rodgers has said as much before public hearings including SILC meetings, 
MCRS meetings and the BSBP Commission meetings. He has said flatly for 
example that his twisted interpretation of the FOIA supercedes federal civil 
rights guarantees to information under the ADA and Rehab Act. He is a 
states-righter in the same vein as those who ran the Jim Crow South with 
segregation and segregation is the real goal for we wouldn't want blind 
folks actually working in the public and in integrated settings would we, in 
spite of ED 2014-1?

And when it comes to the BEP program here Rodgers and his masters think that 
the program is for the employment of sighted and non-disabled people, mostly 
connected student assistants and other civil servants paid for with federal 
V.R. dollars to serve the elites in State government again on the V.R. dime. 
And the heck with the Rehab Act once again which basically says V.R. dollars 
are supposed to go to V.R. things including the vocational rehabilitation in 
this instance of Michigan citizen's who are blind..

We'll have none of that sort of nonsense  here in Michigan.

I mean why should we spend the taxpayer's monies on programs they were 
purposed for and which blind persons fought for when we can have highly paid 
hacks and cronies steal the money outright? That wouldn't be prudent use of 
these valuable federal funds. We know better.

Best,

The Snyder Gang

.
----- Original Message ----- 
From: "Terry D. Eagle via nfbmi-talk" <nfbmi-talk at nfbnet.org>
To: "'Fred Wurtzel'" <f.wurtzel at att.net>; "'NFB of Michigan Internet Mailing 
List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, November 27, 2014 12:45 AM
Subject: Re: [nfbmi-talk] iowa bep program in the news challenged

> Hello,
> Based on my extensive study and understanding and interpretation of the
> relevant law,  it appears to me the judge focused on the letter of the 
> law,
> which gives a "priority" to persons with blindness, and also a 
> "preference"
> to blind persons who are "unemployed:.
>
> Unfortunately too many state Randolph-Sheppard programs, sadly and
> conveniently choose to ignore and not comply with the "unemployed" persons
> with blindness mandate.  Respectfully, state administrators,
> Randolph-Sheppard program managers, and members of state committees of 
> blind
> vendors, not the judge, need to be instructed on the Randolph-Sheppard Act
> law.  Federah law supersedes any state law.
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Fred
> Wurtzel via nfbmi-talk
> Sent: Wednesday, November 26, 2014 11:00 PM
> To: 'joe harcz Comcast'; 'NFB of Michigan Internet Mailing List'
> Subject: Re: [nfbmi-talk] iowa bep program in the news challenged
>
> Hello,
>
> clearly, someone did not explain the program very well to the judge.  If
> there is an opening, eventually a new operator will be awarded a license.
> This guy appears to want to jump to the head of the line and not follow 
> the
> promotion system.
>
> Warmest regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
> harcz Comcast via nfbmi-talk
> Sent: Wednesday, November 26, 2014 8:24 AM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] iowa bep program in the news challenged
>
> Washington man questions practices of state vending program
>
>
>
> By
>
> Mark Carlson,
>
> KCRG-TV9
>
> List of 2 items
>
> Video
>
> Photos
>
> list end
>
>
>
> Story Created: Nov 25, 2014 at 10:26 PM CDT
>
>
>
> Story Updated: Nov 25, 2014 at 10:26 PM CDT
>
>
>
> WASHINGTON COUNTY - A Washington County man believes a state program aimed
> at giving advantages to those with disabilities is out of control and
> actually
>
> doing the opposite.
>
>
>
> James Goff is licensed through the state's Business Enterprises Program,
> which trains those with visual impairments to run vending operations at
> federal
>
> and state buildings, like courthouses and rest areas. Goff claims he can't
> win a contract under the state program, despite a federal law that says he
> should
>
> be given preference. He says the state's current setup allows a small 
> group
> of blind vendors to make hundreds of thousands of dollars in gross income
> through
>
> the program, at the exclusion of others.
>
>
>
> The
>
> Randolph-Sheppard Act,
>
> first passed by Congress in 1936, gives preference to vending facility
> operators who have sight disabilities. In Iowa, contracts for vending
> machines on
>
> state and federal properties are managed by a committee of blind vendors,
> the program director and, ultimately, the state director.
>
>
>
> "The state licensing agency shall, in issuing each such license for the
> operations of a vending facility, give preference to blind persons who are
> in need
>
> of employment," the federal law states.
>
>
>
> "I went ahead and took the training, assuming I would get placed rather
> rapidly, and I'm sitting here three years later with no employment," Goff
> said.
>
>
>
> A KCRG-TV9 open records request revealed 41% of the 130 total vending 
> sites
> in the state are under the control of the five-person committee governing
> the
>
> program. Goff says it's nearly impossible to gain employment at desirable
> locations because a scoring system during the application process favors
> those
>
> who have previous employment.
>
>
>
> "Even though [the program] is supposed to give preference to unemployed
> blind people, the current rules are being written by people who have a
> conflict
>
> of interest, an economic conflict of interest," Goff's uncle, Bob 
> McConnell
> said, and a judge agrees.
>
>
>
> "The department's rules make it nearly impossible for an unemployed,
> inactive licensee to successfully bid on a vacancy if active licensees 
> also
> submit
>
> bids. This is clearly not the intended outcome under the provisions of the
> Randolph-Shepard Act," a judge wrote in a recent ruling in which Goff sued
> the
>
> state. Goff ultimately lost the case as the judge ruled he wasn't yet
> licensed when applying for three sites several years ago. However, the 
> judge
> also
>
> wrote, "Mr. Goff has shed light on some questionable practices of the
> department."
>
>
>
> The rights to some vending locations, such as rest stops, can be quite
> lucrative. State records show the Tiffin and Wilton rest stops along
> Interstate 80
>
> grossed a total of $226,533.58 in 2013. Public records show the same
> committee member is responsible for both of those sites and has another
> dozen across
>
> Iowa. Committee members control 36% of the state's rest stops, with four 
> of
> the five committee members controlling at least one rest stop.
>
>
>
> "The routes need to be redistributed, the program really needs to be 
> looked
> at," said McConnell, who has assisted with Goff's legal battle. "It 
> honestly
>
> is appalling."
>
>
>
> Richard Sorey, director of the Iowa Department for the Blind, declined to 
> be
> interviewed about the program or recent court ruling.
>
>
>
> "We are reviewing all aspects of the program and considering changes that
> will enhance it. Some have already been implemented," Sorey said via 
> email.
> He
>
> declined to elaborate on what the changes could include.
>
>
>
> (Ceder Rapids, Iowa)
>
> Source:
>
>
>
> http://www.kcrg.com/subject/news/business/washington-man-questions-practices
> -of-state-vending-program-20141125
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