From joeharcz at comcast.net Fri Jun 1 12:57:46 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 1 Jun 2012 08:57:46 -0400 Subject: [Vendorsmi] applies to bep as well Message-ID: <902ECF10D2294BAE9E3F88FAEEC91777@YOUR7C60552B9E> June 1 2012 Rehab Act and ADA Request Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 810-516-52-62 E-mail: joeharcz at comcast.net Re: Request All Information Relative to MCB Meeting To: Patrick D. Cannon, MCB Sue Luzenski, MCB Carla Haynes, MCB (via e-mail) Dear All, I am requesting all information relative to the upcoming Michigan Commission for the Blind meeting (June 15, 2012) that is now or will be in the hands of the MCB Commissioners. In addition I am requesting all correspondences related to EO 2012-2 and 2012-6 as they pertain to MCB?s State Plan, and all information written to date relative to the State Plan. This is not a FOIA request for as you all know by now all documents related to MCB?s quarterly meetings and its State Plan are required to be fully accessible to the public in accordance with both Title I and Section 504 of the very Rehabilitation Act of 1973 that created and funds MCB to begin with. Moreover, the Americans with disabilities Act of 1990 requires effective communications with those of us who are blind and under Tyler v. Manhattan this responsibility is an affirmative one on the agency?s part. This is the Commission for the Blind after all. Please simply send all requested documents to my e-mail address listed above ASAP and also please ensure me they all will be made available in a variety of formats including Braille at the aforementioned meeting. Failure to respond in a timely manner is a violation of both the Rehabilitation Act and the ADA. Thank you. Sincerely, Paul ?Joe? Harcz, Jr. Cc: MCB Commissioners Cc: NFB MI Cc: Michigan Protection and Advocacy Services Cc: Richard Bernstein, Esq. Cc: OCR, Ed. Cc: RSA Cc: US DOJ -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Fri Jun 1 16:20:59 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 1 Jun 2012 12:20:59 -0400 Subject: [Vendorsmi] Fw: IMPORTANT DEADLINE Re: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! Message-ID: ----- Original Message ----- From: Kevan Worley To: 'Al Falligan' ; 'Art Stevenson' ; 'Charles and Betty Allen' ; 'Jim Farley' ; 'John Fritz' ; 'Lynn Reynolds' ; 'Scott Young' ; 'Virgil Stinnett' ; Harold Wilson ; Kim Williams ; nickycolorado at netscape.net ; sharonparis at comcast.net ; 'Dave Merritt' ; 'David Phillips' ; 'Don Hudson' ; 'Gene Fleeman' ; HackneyCharles at aol.com ; icbv at sbcglobal.net ; 'Jeremiah Wells' ; 'Joe Shaw' ; 'John Gerber' ; 'john Jones' ; 'Lorraine Magnessun' ; 'Manny Sifuentes' ; 'Mary Hayes' ; 'Pamela' ; 'Ray Marshall' ; suncat0 at gmail.com ; terrysmith at epbfi.com ; 'Willie Black' Sent: Friday, June 01, 2012 11:01 Subject: FW: IMPORTANT DEADLINE Re: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! From: Kevan Worley Sent: Thursday, May 31, 2012 2:41 PM To: 'Anthony Franco'; 'Dan Whalen'; 'Jessy'; 'Jody'; 'Kenny Parrish'; 'Larry Gehring'; 'Robert Buzogany'; 'Scott Cass' Subject: FW: IMPORTANT DEADLINE Re: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! We should get operators into this program. At Your Service, Office: 1-866-543-6808 Cell: (303)929-2369 Fax: (719)527-0129 www.worleyenterprises.com From: Randolph Sheppard [mailto:randolph_sheppard at yahoo.com] Sent: Thursday, May 31, 2012 1:48 PM To: randolph_sheppard at yahoo.com Subject: IMPORTANT DEADLINE Re: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! FYI - In case you have not signed up yet... the deadline is tomorrow June 1st to get signed up for 2nd quarter rebates. Note that in the 1st quarter AmeriSource paid out over $27,000 in rebates direct to Randolph Sheppard Blind Vendors... Please do not miss your opportunity. If you need assistance completing your application please call me. Kathy Ungaro 630-234-444 From: Randolph Sheppard To: "randolph_sheppard at yahoo.com" Sent: Friday, April 20, 2012 12:14 AM Subject: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! Hi my name is Kathy Ungaro, an advocate for the blind. I have been a Broker in the Vending industry prior to working with Randolph Sheppard Blind Vendors. As a Broker I represented over 50 manufacturers and learned all about rebates. For over two years I have been employed by the Illinois Committee of Blind Vendors and have worked with the national organizations for the blind. Having a Broker background I quickly noticed the tremendous buying power that ALL Blind Vendors across the United States represent. I have also found a way for ALL Blind Vendors who purchase through Vend and Food Service Distributors to receive rebates, even Sam?s purchases count for Mars products. AmeriSource is a buying group who partners with over 40 Manufacturers they offer substantial rebates to all AmeriSource members. In Illinois and across the United States hundreds of Blind Vendors have signed up for rebates through AmeriSource. The first Vendors signed up in fourth quarter 2011 and have already received their first checks. Many more signed up in the first quarter of 2012, and their checks are about to go out to them. The Vendors depending on their volume are receiving quarterly rebate checks direct to them for over $200.00, that they never have been able to appreciate in the past. Today I ask that you review this, if you yourself are not a Vendor, or if you have already signed up, please pass this along to any and all Vendors that you can. Help get the word out and let everyone know. Vendors get your application in as soon as possible so that you can qualify for 2nd quarter rebates; all applications must be in prior to April 26th to be processed for the 2nd quarter. You pay no dues or out-of pocket costs for the AmeriSource service. Its compensation is a small percentage only of the actual savings delivered to you. Buy from the Distributors that you buy from today, most are registered and receive quarterly rebate checks sent direct to you!! Support the Manufacturers that support you and get a check ? IT?S THAT EASY!! In this time of economic pressure, AmeriSource makes sense: it cuts your costs, and helps deliver more profit to your operation. Feel free to call me if you have any questions or need assistance in completing your application. Review the following list of manufacturers that you can receive rebates for (below), ask your fellow Vendors who have enrolled, you cannot go wrong with this program it is free money based on the enormous buying power that ALL Randolph Sheppard Blind Vendors across the United States along with all members of AmeriSource represent. Manufactures ADVANCE PIERRE FOODS APPLE BAKING CO BISCOMERICA CORP BOYER CANDY CO INC BRIDGFORD FOODS CORP BUDDYS KITCHEN BUMBLE BEE SEAFOODS LLC CAMPBELL SOUP CO CHATTANOOGA BAKERY CLOVERHILL BAKERY CONAGRA CONSUMER FOODS CSI FOODSERVICE CO INC DBA BURRY FOODSERVICE DAISYS BAKERY INC DOMINO FOODS INC DIV OF FLORIDA CRYSTALS CORP E A SWEEN CO FARLEYS & SATHERS CANDY CO INC FLORIDAS NATURAL GROWERS DIV CITRUS WORLD INC FLOWERS FOODS FRITO LAY DIV OF PEPSICO GENERAL MILLS INC GENISOY BAR GEORGE WESTON LTD/BIMBO BAKERIES USA GOLDEN FLAKE SNACK FOODS INC HERR FOODS INC HERSHEYS FOODSERVICE HORMEL FOODS HOSTESS BRANDS INC INVENTURE FOODS INC JUST BORN INC KANES GOURMET PRODUCTS KAR NUT PRODUCTS CO KELLOGGS FOOD AWAY FROM HOME KRAFT FOODS INC LANCE INC LANDSHIRE INC MACS SNACKS INC DIV OF EVAN FOOD PRODUCTS CO MARS INC MEDORA SNACKS LLC MONOGRAM FOOD SOLUTIONS NESTLE FOODSERVICES NESTLE PROFESSIONAL VITALITY INC NESTLE WATERS NORTH AMERICA NOVAMEX OBRIEN & CO INC DIV OF AMERICAN FOODS GROUP OLD COLONY BAKING CO INC OTIS SPUNKMEYER INC PROMOTION IN MOTION INC QUAKER DIV OF PEPSICO RAYBERN QUALITY FOODS RC BIGELOW INC SARA LEE MEATS SCHWANS FOOD SERVICE INC SHERWOOD BRANDS INC SNAK KING SNYDERS OF HANOVER INC STACYS PITA CHIP CO DIV OF FRITO LAY DIV OF PEPSICO STEFANO FOODS DIV OF SMITHFIELD FOODS INC WHITE CASTLE SYSTEM INC WINDSOR FROZEN FOODS WISE FOODS INC DIV OF BORDEN INC WRIGLEY WM JR CO DIV OF MARS INC ZAPPS POTATO CHIP CO Best Regards, Kathy Ungaro (630)234-4444 -------------- next part -------------- An HTML attachment was scrubbed... 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Name: FINALLY REBATES FOR EVERYONE memo.docx Type: application/octet-stream Size: 136129 bytes Desc: not available URL: From joeharcz at comcast.net Wed Jun 6 18:34:27 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 6 Jun 2012 14:34:27 -0400 Subject: [Vendorsmi] Fw: Robyn Kay v MCB, Docket 2011-1165 Message-ID: <6426EEF8637C45188DD1D8EB1E4D13CA@YOUR7C60552B9E> ----- Original Message ----- From: Luzenski, Sue (LARA) To: joe harcz Comcast (joeharcz at comcast.net) Cc: Haynes, Carla (LARA) Sent: Wednesday, June 06, 2012 2:27 PM Subject: FW: Robyn Kay v MCB, Docket 2011-1165 Mr. Harcz, Here is the email with attachments regarding the ALJ Recommendation of Robyn Kay which will be discussed at the Commission meeting on June 15. Sue Luzenski From: Luzenski, Sue (LARA) Sent: Tuesday, May 22, 2012 2:08 PM To: John Scott; Larry Posont (president.nfb.mi at gmail.com); Lydia Schuck; Posont, Larry (LARA); Schuck, Lydia (LARA); Scott, John (LARA) Subject: Robyn Kay v MCB, Docket 2011-1165 Hello Commissioners, Attached are all the documents for the ALJ Recommendation which will be on the agenda at the Commission meeting to be held on Friday, June 15 in Lansing at Constitution Hall. Let me know if you have any questions. Sue Luzenski Management Assistant to the Director Michigan Commission for the Blind 201 N. Washington Square P.O. Box 30652 Lansing, MI 48909 517-335-4265 desk 517-335-5140 fax luzenskis at michigan.gov www.michigan.gov/mcb -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... 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Name: MAHS Certification of Record 5-17-12 Text.txt URL: From joeharcz at comcast.net Wed Jun 6 18:34:48 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 6 Jun 2012 14:34:48 -0400 Subject: [Vendorsmi] Fw: MCB Commission Meeting Packet - June 15, 2012 Message-ID: <27BD124848BD463AB735843C63813021@YOUR7C60552B9E> ----- Original Message ----- From: Luzenski, Sue (LARA) To: joe harcz Comcast (joeharcz at comcast.net) Cc: Haynes, Carla (LARA) Sent: Wednesday, June 06, 2012 2:25 PM Subject: FW: MCB Commission Meeting Packet - June 15, 2012 Mr. Harcz, Per your request attached are the documents that were forwarded to Commissioners for the upcoming Commission meeting on June 15. In a second email I will forward the information sent to Commissioners regarding the ALJ Recommendation of Robyn Kay. Thank you. Sue Luzenski From: Luzenski, Sue (LARA) On Behalf Of Cannon, Patrick (LARA) Sent: Tuesday, June 05, 2012 11:25 AM To: John Scott; Larry Posont (president.nfb.mi at gmail.com); Lydia Schuck; Posont, Larry (LARA); Schuck, Lydia (LARA); Scott, John (LARA) Subject: MCB Commission Meeting Packet - June 15, 2012 MEMORANDUM DATE: June 5, 2012 TO: MCB Commissioners FROM: Patrick D. Cannon, Director SUBJECT: June 15, 2012 Commission Meeting Enclosed for your review are the items needed for the Friday, June 15, 2012 Commission meeting, which will be held at 8:30 a.m. at Constitution Hall in downtown Lansing. 1. Agenda for Friday, June 15, 2012 2. MCB Report 3. Draft Minutes of the March 23, 2012 Commission Meeting (Action Item) 4. ALJ Recommendation - Robyn Kay (Information previously sent) (Action Item) 5. ALJ Recommendation - Risa Patrick-Langtry (Discussion) ? Excerpt from June 17, 2011 Commission Meeting Approved Minutes ? Order Final Decision 6. Activity List I look forward to seeing you at the meeting. In the meantime, if you have any questions concerning the enclosed items, please contact Sue Luzenski at 517-335-4265. Enclosures cc: Mike Zimmer, Chief Deputy Director -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Final agenda.doc Type: application/msword Size: 51200 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: MCB Report.doc Type: application/msword Size: 111616 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: MCB draft minutes 3 23.doc Type: application/msword Size: 113152 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... 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Name: June 2012 Activity list.doc Type: application/msword Size: 79872 bytes Desc: not available URL: From joeharcz at comcast.net Wed Jun 6 20:02:30 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 6 Jun 2012 16:02:30 -0400 Subject: [Vendorsmi] mcb agenda Message-ID: <0C3AB53F485C4808B481AF67BACD02FE@YOUR7C60552B9E> MICHIGAN COMMISSION FOR THE BLIND COMMISSION MEETING FRIDAY, JUNE 15, 2012 CONSTITUTION HALL 525 W. ALLEGAN STREET LANSING, MI CON CON A & B 8:30 a.m. ? 4:00 p.m. Live audio streaming of the meeting will be available online at the MCB Web site at www.michigan.gov/mcb To listen to the Commission meeting over the telephone Dial: 1-877-873-8017 Passcode: 7502991# AGENDA I. Call to Order, Roll Call, and Determination of Quorum, II. Approval of March 23, 2012 Meeting Minutes III. Approval of Agenda IV. Introduction of Staff and Attendees V. Public Comment* VI. Board Correspondence VII. Status of Governor?s Executive Order Transferring Commission VIII. MCB State Plan Development IX. Accessible Public Transportation in Detroit ? Mr. Ron Freeland, Director, Detroit Department of Transportation X. Business Enterprise Program ? Business Enterprise Program Report ? Constance Zanger, Business Enterprise Program Manager ? Administrative Review Hearings o Robyn Kay ? ALJ Recommendation (ACTION ITEM) o Risa Patrick-Langtry ?Order Final Decision (DISCUSSION) ? Elected Operator Committee Report - James Chaney, Chair LUNCH (Note: Lunch provided to Commissioners and presenters identified on agenda) XI. Public Comment* XII. Administrative Reports XIII. Director's Report - Mr. Pat Cannon, MCB Director XIV. Consumer Organizations Reports ? National Federation of the Blind ? Mike Powell, 1st Vice President ? Michigan Council of the Blind and Visually Impaired ? Joe Sibley, President ? Other Organizations XV. Old Business ? Update on Community Rehab Organizations subminimum wages XVI. New Business XVII. Public Comment* XVIII. Adjourn *NOTE: Public comment may be submitted during the meeting from 8:30 a.m. - 12:00 p.m. via email, to be read at 1:00 p.m., to mcbpubliccomments at gmail.com. Emails received outside of this time frame are not considered part of Public Comment. Public Comment is limited to 4 minutes per individual. The meeting site is accessible. Individuals attending the meeting are requested to refrain from using heavily scented personal care products in order to enhance accessibility for everyone. People with disabilities requiring additional accommodations (such as materials in alternative format) in order to participate in the meeting should call Sue Luzenski at 517/335-4265 by June 11, 2012. -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Fri Jun 8 20:41:57 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 8 Jun 2012 16:41:57 -0400 Subject: [Vendorsmi] Fw: [Nfbnet-members-list] Fwd: National Federation of the Blind Urges Boycott of Goodwill Industries Message-ID: ----- Original Message ----- From: David Andrews To: nfbnet-members-list at nfbnet.org Sent: Friday, June 08, 2012 0:37 Subject: [Nfbnet-members-list] Fwd: National Federation of the Blind Urges Boycott of Goodwill Industries FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen Director of Public Relations National Federation of the Blind (410) 659-9314, extension 2330 (410) 262-1281(Cell) cdanielsen at nfb.org National Federation of the Blind Urges Boycott of Goodwill Industries Condemns Practice of Paying Subminimum Wages to Workers with Disabilities Baltimore, Maryland (June 7, 2012): The National Federation of the Blind (NFB), one of the oldest and largest organizations of Americans with disabilities, today called for a boycott of Goodwill Industries International, Inc., the nonprofit manufacturer and retailer, for its payment of subminimum wages to many of its workers with disabilities. Freedom of information requests filed by the NFB confirmed that Goodwill Industries employees have been paid as low as $1.44 an hour. The NFB and over forty-five other organizations support legislation, the Fair Wages for Workers with Disabilities Act (H.R. 3086), which would phase out and then repeal the nearly seventy-five-year-old provision of the Fair Labor Standards Act that permits special certificate holders to pay subminimum wages to workers with disabilities. Dr. Marc Maurer, President of the National Federation of the Blind, said: "Goodwill Industries is one of the most well-known and lucrative charitable organizations in the United States, yet it chooses to pay its workers with disabilities less than the federal minimum wage. While this practice is currently legal and many entities engage in it, many other nonprofit organizations have successfully transitioned to paying their employees the minimum wage or higher. That Goodwill Industries exploits many of its workers in this way is ironic, because its president and chief executive officer is blind. Goodwill cannot credibly argue that workers with disabilities are incapable of doing productive work while paying its blind CEO over half a million dollars a year. Goodwill should be ashamed of such blatant hypocrisy. We are calling upon all Americans to refuse to do business with Goodwill Industries, to refuse to make donations to the subminimum-wage exploiter, and to refuse to shop in its retail stores until it exercises true leadership and sound moral judgment by fairly compensating its workers with disabilities." For more information on this critically important issue, please visit www.nfb.org/fairwages. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. -------------------------------------------------------------------------------- _______________________________________________ Nfbnet-members-list mailing list Nfbnet-members-list at nfbnet.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From dandrews at visi.com Sat Jun 9 19:06:20 2012 From: dandrews at visi.com (David Andrews) Date: Sat, 09 Jun 2012 14:06:20 -0500 Subject: [Vendorsmi] Fwd: New Hadley modules Message-ID: > >New Hadley Entrepreneurship Modules Emphasize Networking and Technology >In September 2011, The Hadley School for the >Blind announced the launch of The Forsythe >Center for Entrepreneurship (FCE). The goal of >this new business, entrepreneurship and >technology program is to provide individuals who >are visually impaired with the knowledge, >resources and networking opportunities enabling >them to advance in their careers or to >successfully launch and grow their own businesses. >The program is designed to be practical, >relevant and interactive. Courses are open to >anyone who is blind or visually impaired, over >age 14 and is serious about starting or growing >a business. Coursework is offered free of charge >and is mostly online. Since the FCE opened in >September, more than 400 students have enrolled. >As of June 4, 2012, Hadley has introduced five >new ?modules? as part of the Center: > >? FCE 290-Using PowerPoint 2010 > >? FCE 280-Networking with LinkedIn > >? FCE 220-Networking Skills > >? FCE 210-Obtaining Financing > >? FCE 180-Federal Government Benefits > >?Using PowerPoint 2010? introduces the steps in >creating a presentation in PowerPoint and >discusses what is involved with making a formal >presentation to an audience. The module includes >an exercise in preparing a slide show presentation. > >?Networking with LinkedIn? describes the social >networking site and its importance as a >networking tool. It presents the basics of >getting started with LinkedIn, such as opening >an account, creating a profile, and adding >connections. It also explores some of LinkedIn?s >more popular features. The module includes an >exercise in preparing your personal profile. > > >?Networking Skills? presents three common >networking techniques: establishing or >identifying new relationships, expanding on >these relationships, and then maintaining these >established relationships. The module includes >links to a number of social networking sites, as >well as an exercise in outlining your personal networking strategy. > > >?Obtaining Financing? presents the two basic >types of financing: debt financing and equity >financing, and their advantages and >disadvantages. It also discusses primary funding >sources such as family and friends, traditional >banks, and business angels, along with secondary >funding sources such as crowd financing, >microlenders, and federal government loans. > > > >?Federal Government Benefits? explores the >federal government benefits programs available >to those who are visually impaired. Monetary >programs such as Social Security Disability >Insurance (SSDI), Supplemental Security Income >(SSI), and Social Security retirement are >discussed, along with insurance programs such as >Medicare, Medicaid, Pre-Existing Condition >Insurance Plan, and Medigap. Work incentive >programs such as the Ticket to Work program and >state vocational rehabilitation, as well as how >to retain government benefits while working, are also presented. > >In addition to the new modules, the FCE has >introduced three new tools?the FCE Discussion >Group, Minding Your Own Business (MYOB) and the >Business Directory. The Discussion Group is a >conventional mailing list, where members can >discuss any aspects of starting and running a >business by posting questions or responses. In >addition, list members are encouraged to use >these contacts for networking among each other. >FCE-related announcements will also be posted on the list. > >Minding Your Own Business (MYOB) is a series of >business-related online discussions around >specific pre-determined topics, based on >students? needs. The format of MYOB is >relatively flexible; usually it will start with >a short presentation followed by open >discussion. The next MYOB is ?Social Networking >for Your Business? and is scheduled for June 4 at 2:00 p.m. Central Time. > >The Business Directory includes contact >information for businesses owned or operated by >blind and visually impaired individuals. This >directory is designed to provide current and >future business owners with inspiration and >access to the listed businesses, with the goal >of initiating networking opportunities among >blind and visually impaired business owners. > >?I?m very excited about the launch of these new >modules and resources. They cover several >different areas of expertise needed to launch or >grow a business?from practical issues such as >financing, to essential ?soft skills? such as >networking to utilizing technology such as >LinkedIn and PowerPoint. I?m confident our >students will find them interesting and >valuable,? says Program Director Tom Babinszki. > >For more information on the FCE and to enroll, >please visit www.hadley.edu/fce. > >### > > > > >About Hadley: Founded in 1920, The Hadley >School for the Blind?s mission is to promote >independent living through lifelong, distance >education programs for people who are blind or >visually impaired, their families and blindness >service providers. The world?s largest educator >of braille, Hadley enrolls 10,000 students in >all 50 states and 100 countries each year. For >more information, visit www.hadley.edu or call 800-323-4238. > > > >Tom Babinszki >Director, Forsythe Center for Entrepreneurship >The Hadley School for the Blind >700 Elm Street >Winnetka, IL 60093-2554 >Phone: 847-784-2804 >Fax: 847-446-0855 >E-mail: babinszki at hadley.edu > >Check us out online: >www.hadley.edu >www.facebook.com/thehadleyschoolfortheblind >www.twitter.com/thehadleyschool > -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Mon Jun 11 20:12:50 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Mon, 11 Jun 2012 16:12:50 -0400 Subject: [Vendorsmi] Fw: [nfbmi-talk] official board correspondence equipment inventory Message-ID: <75374715BE414DE5A1D2A6F9E963739B@Reputercat> I ask you: is it any wonder that people in high places want the BEP destroyed? Please don't be shy about saying what you know and how you feel about the issues presented below. ----- Original Message ----- From: "joe harcz Comcast" To: "Sue Luzenski MCB Admin Ass." Cc: ; ; "lydia Schuck MCB Comm." ; "Craig McManus RSA" ; "Patrick Cannon MCB Dir." ; "John Scott MCB Comm." Sent: Monday, June 11, 2012 13:03 Subject: [nfbmi-talk] official board correspondence equipment inventory Official Board Correspondence Equipment Inventory July 11, 2012 Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 joeharcz at comcast.net To: Michigan Commission for the Blind Commissioners And MCB Director Patrick D. Cannon c/o Sue Luzenski (via e-mail) Dear Commissioners, et al, I bring your attention to the following segment related to Equipment Inventory in the MCB Report: ?Equipment Inventory B E P is currently in the process of completing a full equipment inventory. Inventory data collected variously over the past 18 months is inconsistent to the point the equipment database cannot be properly reconciled. Consequently, the Program will enter, with departmental approval, into a contractual arrangement for the inventory to be completed by an independent contractor. As of this writing, the Program is in the process of soliciting preliminary proposals to ascertain potential cost and potential contractor interest. Also as of this writing, as the Program conducts incoming product inventories, it will also confirm the equipment inventory for that facility in preparation for the on-site contractual equipment inventory.?? Simply, how can this lack of ongoing basic accounting, let alone accountability be allowed to continue? Do we know where taxpayer funded equipment is or not? Further, isn?t this an ongoing responsibility of the Business enterprise Program staff including Administrators and Promotional Agents? Moreover, we all know these deficiencies in inventory control and management will be sited in the Michigan Auditor general?s report. Shouldn?t heads roll on these issues rather than the ?glib? response that is made over and over again saying effectively, ?We?re working on it?? In this regards is the rumor true that for lack of ?due diligence? in tracking and accounting for equipment inventory that a $7,000 snack machine was recently lost during the demolition of the Holt rest area? If true just who is accountable? I suppose there will be some hand ringing on this and other excuses and then as per usual the agency will find a way to blame the operator or people like me for pointing out the obvious. But, no blame, let alone accountability will go to any agency staff. I would like to see some real numbers here and real accounting, and fewer excuses. Sincerely, Paul Joseph Harcz, Jr. Cc: RSA Cc: several _______________________________________________ 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/suncat0%40gmail.com From suncat0 at gmail.com Wed Jun 13 09:24:58 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 13 Jun 2012 05:24:58 -0400 Subject: [Vendorsmi] Fw: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! Message-ID: ----- Original Message ----- From: Larry Posont To: Joe Sontag Sent: Monday, June 11, 2012 13:14 Subject: Fw: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! ----- Original Message ----- From: Randolph Sheppard To: randolph_sheppard at yahoo.com Sent: Monday, June 11, 2012 12:23 PM Subject: Fw: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! As an advocate for ALL BLIND VENDORS: I am writing to you again today just as a reminder that the AmeriSource Rebate is available to ALL Randolph Sheppard Blind Vendors across the United States. This offer has NO national affiliation. You do not have to be a member of the NFB or RSVA. This rebate is available to ALL Randolph Sheppard Blind Vendors and goes direct to the Vendors. Please do not misunderstand this to be anything other than that. Every single Blind Vendor across the United States is a Randolph Sheppard Blind Vendor - The Randolph-Sheppard Act, 20 U.S.C. ? 107 et seq., is a federal law which mandates a priority to blind persons to operate vending facilities on Federal property. Please do not miss your opportunity to get on board with this. As I previously mentioned AmeriSource has sent out well over $30,000 in rebates direct to the Vendors for 1st quarter and many, many more have already signed up across the United States for 2nd quarter. If you, or Vendors you know have not signed up yet it is not too late you can begin receiving your personal rebates in the third quarter. Ask others around you... the checks have gone out! The more Vendors that sign up, the stronger the buying power for Randolph Sheppard Blind Vendors! Manufacturers are beginning to see the huge buying power that we have TOGETHER they want to partner with us. For the first time in the history of the Randolph Sheppard federal law Blind Vendors are working together and are joined as one!! Let's keep it up and stand together!! Sincerely, Kathy Ungaro 630-234-4444 ----- Forwarded Message ----- From: Randolph Sheppard To: "randolph_sheppard at yahoo.com" Sent: Thursday, May 31, 2012 2:58 PM Subject: Re: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! FYI - In case you have not signed up yet... the deadline is tomorrow June 1st to get signed up for 2nd quarter rebates. Note that in the 1st quarter AmeriSource paid out over $27,000 in rebates direct to Randolph Sheppard Blind Vendors... Please do not miss your opportunity. If you need assistance completing your application please call me. Kathy Ungaro 630-234-444 From: Randolph Sheppard To: "randolph_sheppard at yahoo.com" Sent: Friday, April 20, 2012 12:14 AM Subject: Rebates for ALL Blind Vendors over 40 Manufacturers on board!! Hi my name is Kathy Ungaro, an advocate for the blind. I have been a Broker in the Vending industry prior to working with Randolph Sheppard Blind Vendors. As a Broker I represented over 50 manufacturers and learned all about rebates. For over two years I have been employed by the Illinois Committee of Blind Vendors and have worked with the national organizations for the blind. Having a Broker background I quickly noticed the tremendous buying power that ALL Blind Vendors across the United States represent. I have also found a way for ALL Blind Vendors who purchase through Vend and Food Service Distributors to receive rebates, even Sam?s purchases count for Mars products. AmeriSource is a buying group who partners with over 40 Manufacturers they offer substantial rebates to all AmeriSource members. In Illinois and across the United States hundreds of Blind Vendors have signed up for rebates through AmeriSource. The first Vendors signed up in fourth quarter 2011 and have already received their first checks. Many more signed up in the first quarter of 2012, and their checks are about to go out to them. The Vendors depending on their volume are receiving quarterly rebate checks direct to them for over $200.00, that they never have been able to appreciate in the past. Today I ask that you review this, if you yourself are not a Vendor, or if you have already signed up, please pass this along to any and all Vendors that you can. Help get the word out and let everyone know. Vendors get your application in as soon as possible so that you can qualify for 2nd quarter rebates; all applications must be in prior to April 26th to be processed for the 2nd quarter. You pay no dues or out-of pocket costs for the AmeriSource service. Its compensation is a small percentage only of the actual savings delivered to you. Buy from the Distributors that you buy from today, most are registered and receive quarterly rebate checks sent direct to you!! Support the Manufacturers that support you and get a check ? IT?S THAT EASY!! In this time of economic pressure, AmeriSource makes sense: it cuts your costs, and helps deliver more profit to your operation. Feel free to call me if you have any questions or need assistance in completing your application. Review the following list of manufacturers that you can receive rebates for (below), ask your fellow Vendors who have enrolled, you cannot go wrong with this program it is free money based on the enormous buying power that ALL Randolph Sheppard Blind Vendors across the United States along with all members of AmeriSource represent. Manufactures ADVANCE PIERRE FOODS APPLE BAKING CO BISCOMERICA CORP BOYER CANDY CO INC BRIDGFORD FOODS CORP BUDDYS KITCHEN BUMBLE BEE SEAFOODS LLC CAMPBELL SOUP CO CHATTANOOGA BAKERY CLOVERHILL BAKERY CONAGRA CONSUMER FOODS CSI FOODSERVICE CO INC DBA BURRY FOODSERVICE DAISYS BAKERY INC DOMINO FOODS INC DIV OF FLORIDA CRYSTALS CORP E A SWEEN CO FARLEYS & SATHERS CANDY CO INC FLORIDAS NATURAL GROWERS DIV CITRUS WORLD INC FLOWERS FOODS FRITO LAY DIV OF PEPSICO GENERAL MILLS INC GENISOY BAR GEORGE WESTON LTD/BIMBO BAKERIES USA GOLDEN FLAKE SNACK FOODS INC HERR FOODS INC HERSHEYS FOODSERVICE HORMEL FOODS HOSTESS BRANDS INC INVENTURE FOODS INC JUST BORN INC KANES GOURMET PRODUCTS KAR NUT PRODUCTS CO KELLOGGS FOOD AWAY FROM HOME KRAFT FOODS INC LANCE INC LANDSHIRE INC MACS SNACKS INC DIV OF EVAN FOOD PRODUCTS CO MARS INC MEDORA SNACKS LLC MONOGRAM FOOD SOLUTIONS NESTLE FOODSERVICES NESTLE PROFESSIONAL VITALITY INC NESTLE WATERS NORTH AMERICA NOVAMEX OBRIEN & CO INC DIV OF AMERICAN FOODS GROUP OLD COLONY BAKING CO INC OTIS SPUNKMEYER INC PROMOTION IN MOTION INC QUAKER DIV OF PEPSICO RAYBERN QUALITY FOODS RC BIGELOW INC SARA LEE MEATS SCHWANS FOOD SERVICE INC SHERWOOD BRANDS INC SNAK KING SNYDERS OF HANOVER INC STACYS PITA CHIP CO DIV OF FRITO LAY DIV OF PEPSICO STEFANO FOODS DIV OF SMITHFIELD FOODS INC WHITE CASTLE SYSTEM INC WINDSOR FROZEN FOODS WISE FOODS INC DIV OF BORDEN INC WRIGLEY WM JR CO DIV OF MARS INC ZAPPS POTATO CHIP CO Best Regards, Kathy Ungaro (630)234-4444 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: FINALLY REBATES FOR EVERYONE memo.docx Type: application/octet-stream Size: 136129 bytes Desc: not available URL: From f.wurtzel at att.net Thu Jun 14 20:33:44 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Thu, 14 Jun 2012 16:33:44 -0400 Subject: [Vendorsmi] FW: Responding to your Message In-Reply-To: <1140D59306934558B9AFAC21E31D430C@senate.ussenate.us> References: <1140D59306934558B9AFAC21E31D430C@senate.ussenate.us> Message-ID: <00c901cd4a6c$fec59f20$fc50dd60$@att.net> From: Senator Debbie Stabenow [mailto:senator at stabenow.senate.gov] Sent: Thursday, June 14, 2012 4:28 PM To: f.wurtzel at att.net Subject: Responding to your Message Description: Image removed by sender. United States Senator Debbie Stabenow - Michigan June 14, 2012 Fred Wurtzel 1212 N Foster Ave Lansing, MI 48912 Dear Fred, Thank you for contacting me about commercial development at highway rest areas. I share your concerns. As you may know, Senator Rob Portman (R-Ohio) introduced an amendment to the Senate transportation bill (S. 1813) that would allow private development at rest areas along the highway. I voted against this amendment because commercializing rest areas could unfairly harm existing businesses that are located at highway exits. The Senate rejected this amendment and passed the transportation bill with an overwhelmingly bipartisan vote of 74 to 22. Unfortunately, the passage of a long term bill is being held up by the House of Representatives. As Congress works through these issues, I will keep your views in mind and continue fighting to pass a transportation bill that is so critically important to jobs in Michigan and across the nation. Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family. Sincerely, Debbie Stabenow United States Senator U.S. Senator Debbie Stabenow The United States Senate . Washington, DC 20510 stabenow.senate.gov Description: Image removed by sender. Sign-up for the Senator's newsletter Description: Image removed by sender. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: ~WRD000.jpg Type: image/jpeg Size: 823 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 809 bytes Desc: not available URL: From brightsmile1953 at comcast.net Sun Jun 17 22:17:04 2012 From: brightsmile1953 at comcast.net (Mary Ann Robinson) Date: Sun, 17 Jun 2012 18:17:04 -0400 Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for the Blind Business Enterprise Program! Message-ID: Dear Governor Snyder, Mr. Zimmer, Commissioners, and Fellow List Members: I believe that there is a time and a place for righteous anger and indignation; and I am experiencing these feelings for the following reasons: #1. Since Fred Wurtzel left as manager of the Michigan Commission for the Blind Business Enterprise Program (BEP), several years ago, there have been about thirty grievances/lawsuits. Several hundred thousand dollars and by now perhaps close to a million dollars have been spent in legal settlements or to seek assistance in addressing legal issues resulting from inappropriate or incompetent BEP management decisions made by Constance Zanger and/or James Hall. #2. Program staff frequently fail to appear at legal hearings when subpoenaed. In one recent case alone, six court ordered subpoenas were ignored. #3. Management has not had the fortitude to support and defend operators when illegal caterings have taken place in state buildings resulting in thousands of dollars in lost income for operators. One of the most blatant examples of this is at the State Capitol. #4. Management seriously violates promulgated rules as set forth in Public Act 260. The latest case in point is the State Plate fiasco. #5. BEP management often takes the side of the building manager when a complaint comes to their attention without even consulting with the operator. #6. BEP management often uses intimidation when dealing with operators - many of whom have lost trust and respect for management and/or are afraid to speak up out of fear of retribution and/or retaliation. .#7. Of great concern is the fact that BEP management exhibits prejudice and discriminates against National Federation of the Blind members. In October of 2011, an announcement about the National Federation of the Blind of Michigan's state convention was deliberately not placed on an information line than announces items and resources of interest to operators. Members of the Federation have also been targeted unjustifiably. Competent, knowledgeable, qualified, honest, committed, dedicated, respected, and trusted BEP employees have lost their jobs unfairly due to these behaviors It is incomprehensible to me that nothing has been done or is being done by those who have the means to do so to put an end to these abhorrent and unacceptable behaviors and practices.Further, I don't understand why those responsible have not been held accountable and disciplined. What will it take for these abominable activities to stop? How much more needless suffering must operators' endure? How many more of tax payers dollars must be squandered? How many more blind people must go without services because money is being spent on legal fees that can be avoided? When will those who have been grievously wronged receive the justice they deserve? The Michigan Business Enterprise Program was once top rated and among the most respected in the country. Today, it is viewed as one of the more problematic programs. Allowing the above mentioned behaviors and practices to continue will ultimately result in the destruction of the Business Enterprise Program in Michigan as well as in the loss of numerous jobs for blind people. Respectfully submitted, Mary Ann Robinson -------------- next part -------------- An HTML attachment was scrubbed... URL: From lkeeler at comcast.net Sun Jun 17 22:34:10 2012 From: lkeeler at comcast.net (Larry D. Keeler) Date: Sun, 17 Jun 2012 18:34:10 -0400 Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for theBlind Business Enterprise Program! References: Message-ID: <903CA5D47BE241F29420EB61AAB5286B@yourec0540d030> Mary Ann, you sure hit that nail directly on the head! When Fred was there, we could count on at least fairness and understanding. Why is a simple concept like that missing from the program now? I could guess but, I whink I'll reframe! ----- Original Message ----- From: Mary Ann Robinson To: rick.snyder at michigan.gov Cc: l schuck ; NFB of Michigan List ; vendorsmi ; zimmerm at michigan.gov ; john scot Sent: Sunday, June 17, 2012 6:17 PM Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for theBlind Business Enterprise Program! Dear Governor Snyder, Mr. Zimmer, Commissioners, and Fellow List Members: I believe that there is a time and a place for righteous anger and indignation; and I am experiencing these feelings for the following reasons: #1. Since Fred Wurtzel left as manager of the Michigan Commission for the Blind Business Enterprise Program (BEP), several years ago, there have been about thirty grievances/lawsuits. Several hundred thousand dollars and by now perhaps close to a million dollars have been spent in legal settlements or to seek assistance in addressing legal issues resulting from inappropriate or incompetent BEP management decisions made by Constance Zanger and/or James Hall. #2. Program staff frequently fail to appear at legal hearings when subpoenaed. In one recent case alone, six court ordered subpoenas were ignored. #3. Management has not had the fortitude to support and defend operators when illegal caterings have taken place in state buildings resulting in thousands of dollars in lost income for operators. One of the most blatant examples of this is at the State Capitol. #4. Management seriously violates promulgated rules as set forth in Public Act 260. The latest case in point is the State Plate fiasco. #5. BEP management often takes the side of the building manager when a complaint comes to their attention without even consulting with the operator. #6. BEP management often uses intimidation when dealing with operators - many of whom have lost trust and respect for management and/or are afraid to speak up out of fear of retribution and/or retaliation. .#7. Of great concern is the fact that BEP management exhibits prejudice and discriminates against National Federation of the Blind members. In October of 2011, an announcement about the National Federation of the Blind of Michigan's state convention was deliberately not placed on an information line than announces items and resources of interest to operators. Members of the Federation have also been targeted unjustifiably. Competent, knowledgeable, qualified, honest, committed, dedicated, respected, and trusted BEP employees have lost their jobs unfairly due to these behaviors It is incomprehensible to me that nothing has been done or is being done by those who have the means to do so to put an end to these abhorrent and unacceptable behaviors and practices.Further, I don't understand why those responsible have not been held accountable and disciplined. What will it take for these abominable activities to stop? How much more needless suffering must operators' endure? How many more of tax payers dollars must be squandered? How many more blind people must go without services because money is being spent on legal fees that can be avoided? When will those who have been grievously wronged receive the justice they deserve? The Michigan Business Enterprise Program was once top rated and among the most respected in the country. Today, it is viewed as one of the more problematic programs. Allowing the above mentioned behaviors and practices to continue will ultimately result in the destruction of the Business Enterprise Program in Michigan as well as in the loss of numerous jobs for blind people. Respectfully submitted, Mary Ann Robinson ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/lkeeler%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Mon Jun 11 15:25:15 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 11 Jun 2012 11:25:15 -0400 Subject: [Vendorsmi] official board correspondence state plate Message-ID: <2118DC8363A54FB49C978C3272730837@YOUR7C60552B9E> Official Board Correspondence State Plate July 11, 2012 Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 E-mail: joeharcz at comcast.net Re: House of Reps Illegal Vote To: Michigan Commission for the Blind Commissioners Posont, Scott, and Schuck via e-mail Also: Patrick Cannon, Susan Luzenski via e-mail Dear Commissioners, I point to the following quote from the BEP Report in the most recent MCB Report: ?During the temporary closing of the House of Representatives cafeteria, much has been accomplished to the physical facility, as noted in the March report. The operator selection process commenced as recommended by the Committee and as approved by the Board. However, based on informal guidance from the Assistant Attorney General with whom M C B works, the process has been halted. The informal guidance cautions M C B about the use of an alternate, even if temporary, bidding process and the guidance is currently under review. ? Now, I and several others including terry Eagle and David Robinson informed the Board, the agency and the EOC that the abrogation of promulgated rules exceeded the legal authority of the MCB Board, the EOC, and the agency. Now, we?ve plowed untold monies into the House of Reps facility and it is still not occupied by a blind person mandated by Public Act 260. This is clearly outrageous but can be resolved simply at the July 15, 2012 meeting by a simple motion and vote to rescind the vote of February 8, 2012. Then we simply must demand the agency follows existing rules relative to that mandated facility. Respectfully, Paul Joseph Harcz, Jr. Cc: several -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Mon Jun 11 17:04:10 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 11 Jun 2012 13:04:10 -0400 Subject: [Vendorsmi] equipment inventory question Message-ID: Official Board Correspondence Equipment Inventory July 11, 2012 Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 joeharcz at comcast.net To: Michigan Commission for the Blind Commissioners And MCB Director Patrick D. Cannon c/o Sue Luzenski (via e-mail) Dear Commissioners, et al, I bring your attention to the following segment related to Equipment Inventory in the MCB Report: ?Equipment Inventory B E P is currently in the process of completing a full equipment inventory. Inventory data collected variously over the past 18 months is inconsistent to the point the equipment database cannot be properly reconciled. Consequently, the Program will enter, with departmental approval, into a contractual arrangement for the inventory to be completed by an independent contractor. As of this writing, the Program is in the process of soliciting preliminary proposals to ascertain potential cost and potential contractor interest. Also as of this writing, as the Program conducts incoming product inventories, it will also confirm the equipment inventory for that facility in preparation for the on-site contractual equipment inventory.?? Simply, how can this lack of ongoing basic accounting, let alone accountability be allowed to continue? Do we know where taxpayer funded equipment is or not? Further, isn?t this an ongoing responsibility of the Business enterprise Program staff including Administrators and Promotional Agents? Moreover, we all know these deficiencies in inventory control and management will be sited in the Michigan Auditor general?s report. Shouldn?t heads roll on these issues rather than the ?glib? response that is made over and over again saying effectively, ?We?re working on it?? In this regards is the rumor true that for lack of ?due diligence? in tracking and accounting for equipment inventory that a $7,000 snack machine was recently lost during the demolition of the Holt rest area? If true just who is accountable? I suppose there will be some hand ringing on this and other excuses and then as per usual the agency will find a way to blame the operator or people like me for pointing out the obvious. But, no blame, let alone accountability will go to any agency staff. I would like to see some real numbers here and real accounting, and fewer excuses. Sincerely, Paul Joseph Harcz, Jr. Cc: RSA Cc: several -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Mon Jun 11 20:23:00 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 11 Jun 2012 16:23:00 -0400 Subject: [Vendorsmi] Fw: [nfbmi-talk] official board correspondenceequipment inventory References: <75374715BE414DE5A1D2A6F9E963739B@Reputercat> Message-ID: To clarify Joe S...I personally don't wish to have the BEP destroyed...The program that is... But, I sure think that from Zanger on down each and everyone of the agency staff except for Chris Elliott, and Lucy Edmonds each and all should be fired for cause! Joe Harcz ----- Original Message ----- From: "Joe Sontag" To: "VENDORSMI List" Sent: Monday, June 11, 2012 4:12 PM Subject: [Vendorsmi] Fw: [nfbmi-talk] official board correspondenceequipment inventory I ask you: is it any wonder that people in high places want the BEP destroyed? Please don't be shy about saying what you know and how you feel about the issues presented below. ----- Original Message ----- From: "joe harcz Comcast" To: "Sue Luzenski MCB Admin Ass." Cc: ; ; "lydia Schuck MCB Comm." ; "Craig McManus RSA" ; "Patrick Cannon MCB Dir." ; "John Scott MCB Comm." Sent: Monday, June 11, 2012 13:03 Subject: [nfbmi-talk] official board correspondence equipment inventory Official Board Correspondence Equipment Inventory July 11, 2012 Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 joeharcz at comcast.net To: Michigan Commission for the Blind Commissioners And MCB Director Patrick D. Cannon c/o Sue Luzenski (via e-mail) Dear Commissioners, et al, I bring your attention to the following segment related to Equipment Inventory in the MCB Report: ?Equipment Inventory B E P is currently in the process of completing a full equipment inventory. Inventory data collected variously over the past 18 months is inconsistent to the point the equipment database cannot be properly reconciled. Consequently, the Program will enter, with departmental approval, into a contractual arrangement for the inventory to be completed by an independent contractor. As of this writing, the Program is in the process of soliciting preliminary proposals to ascertain potential cost and potential contractor interest. Also as of this writing, as the Program conducts incoming product inventories, it will also confirm the equipment inventory for that facility in preparation for the on-site contractual equipment inventory.?? Simply, how can this lack of ongoing basic accounting, let alone accountability be allowed to continue? Do we know where taxpayer funded equipment is or not? Further, isn?t this an ongoing responsibility of the Business enterprise Program staff including Administrators and Promotional Agents? Moreover, we all know these deficiencies in inventory control and management will be sited in the Michigan Auditor general?s report. Shouldn?t heads roll on these issues rather than the ?glib? response that is made over and over again saying effectively, ?We?re working on it?? In this regards is the rumor true that for lack of ?due diligence? in tracking and accounting for equipment inventory that a $7,000 snack machine was recently lost during the demolition of the Holt rest area? If true just who is accountable? I suppose there will be some hand ringing on this and other excuses and then as per usual the agency will find a way to blame the operator or people like me for pointing out the obvious. But, no blame, let alone accountability will go to any agency staff. I would like to see some real numbers here and real accounting, and fewer excuses. Sincerely, Paul Joseph Harcz, Jr. Cc: RSA Cc: several _______________________________________________ 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/suncat0%40gmail.com _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net From joeharcz at comcast.net Sun Jun 17 23:23:37 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Sun, 17 Jun 2012 19:23:37 -0400 Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for theBlind Business Enterprise Program! References: Message-ID: Right on! ----- Original Message ----- From: Mary Ann Robinson To: rick.snyder at michigan.gov Cc: l schuck ; NFB of Michigan List ; vendorsmi ; zimmerm at michigan.gov ; john scot Sent: Sunday, June 17, 2012 6:17 PM Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for theBlind Business Enterprise Program! Dear Governor Snyder, Mr. Zimmer, Commissioners, and Fellow List Members: I believe that there is a time and a place for righteous anger and indignation; and I am experiencing these feelings for the following reasons: #1. Since Fred Wurtzel left as manager of the Michigan Commission for the Blind Business Enterprise Program (BEP), several years ago, there have been about thirty grievances/lawsuits. Several hundred thousand dollars and by now perhaps close to a million dollars have been spent in legal settlements or to seek assistance in addressing legal issues resulting from inappropriate or incompetent BEP management decisions made by Constance Zanger and/or James Hall. #2. Program staff frequently fail to appear at legal hearings when subpoenaed. In one recent case alone, six court ordered subpoenas were ignored. #3. Management has not had the fortitude to support and defend operators when illegal caterings have taken place in state buildings resulting in thousands of dollars in lost income for operators. One of the most blatant examples of this is at the State Capitol. #4. Management seriously violates promulgated rules as set forth in Public Act 260. The latest case in point is the State Plate fiasco. #5. BEP management often takes the side of the building manager when a complaint comes to their attention without even consulting with the operator. #6. BEP management often uses intimidation when dealing with operators - many of whom have lost trust and respect for management and/or are afraid to speak up out of fear of retribution and/or retaliation. .#7. Of great concern is the fact that BEP management exhibits prejudice and discriminates against National Federation of the Blind members. In October of 2011, an announcement about the National Federation of the Blind of Michigan's state convention was deliberately not placed on an information line than announces items and resources of interest to operators. Members of the Federation have also been targeted unjustifiably. Competent, knowledgeable, qualified, honest, committed, dedicated, respected, and trusted BEP employees have lost their jobs unfairly due to these behaviors It is incomprehensible to me that nothing has been done or is being done by those who have the means to do so to put an end to these abhorrent and unacceptable behaviors and practices.Further, I don't understand why those responsible have not been held accountable and disciplined. What will it take for these abominable activities to stop? How much more needless suffering must operators' endure? How many more of tax payers dollars must be squandered? How many more blind people must go without services because money is being spent on legal fees that can be avoided? When will those who have been grievously wronged receive the justice they deserve? The Michigan Business Enterprise Program was once top rated and among the most respected in the country. Today, it is viewed as one of the more problematic programs. Allowing the above mentioned behaviors and practices to continue will ultimately result in the destruction of the Business Enterprise Program in Michigan as well as in the loss of numerous jobs for blind people. Respectfully submitted, Mary Ann Robinson ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Mon Jun 18 18:36:09 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 18 Jun 2012 14:36:09 -0400 Subject: [Vendorsmi] this was overuled friday Message-ID: <4F8E26228C4744C89CD79B488630DCF3@YOUR7C60552B9E> 30 January, 2012 First draft: January 30, 2012 EOC Motions incorporated on February 6, 2012 The Commission for the Blind is seeking a food service provider to operate the House of Representatives cafeteria located at 124 N. Capitol Ave in Lansing, MI. Interested bidders are required to submit five (5) copies of a proposal in both print and electronic formats in a sealed envelope to the Commission?s Offices on the 2nd floor at the Victor Office Center at 201 N. Washington Sq, Lansing, MI, 48909 no later than 5 p.m. on February __. Proposals should be hand delivered or sent U.S mail; this is a sealed bid solicitation and the Commission will not accept faxed or e-mailed proposals for consideration. The Commission may use fax or e-mail communications with a successful bidder once an award has been made. The Commission is not responsible for late submissions due to irregularities in mail delivery. No late proposals will be considered for award. No bids will be opened or evaluated until the business day following the final acceptance date. Additionally, prospective bidders are required to attend a pre-award walk-through of the facility at 10 a.m. on February __. At this walk through complete equipment inventory will be provided for use in the development of proposals by interested bidders. Questions will need to be submitted in writing to the Commission within seven (7) days of this walk through so that all interested parties can be given the additional information. E-mail submission of any questions will be accepted and should be sent to hullj at michigan.gov. Failure to attend the walk through will disqualify potential bidders from award. Incomplete proposals will also disqualify a potential bidder for award. The technical proposal must include necessary information to enable evaluators to form a concrete conclusion of the bidder?s ability to perform complete project management of Food Service Operations. Any successful bidder will be required to comply with all Commission for the Blind rules and regulations regarding the Business Enterprise Program. A complete copy of the Promulgated Rules will be provided at the facility walk through. A non-licensed bidder who is awarded the facility that fails to maintain required standards at the facility will be notified in writing of the deficiency and will have thirty(30) days to correct the problem or will be removed from the facility. A licensed bidder awarded the facility will be subject to the removal procedures outlined in the BEP Promulgated Rules for non-compliance. Either party may terminate this agreement at any time with ninety (90) days written notice to the other party, excepting that the Commission cannot remove a licensee without cause as outlined in the promulgated rules. The Commission reserves the right to request additional information as needed to clarify any proposal submitted. Proposals for consideration must include all of the following: ? Resume and supporting educational transcripts of the proposed manager; ? Proof of current National Restaurant Association Serve Safe Certification for the proposed manager; ? A complete business plan to include: o Organizational structure including management flow chart; o Standard Operating Procedures and associated Operational Standards; o Financial Prospectus; o daily and weekly menus including a catering menu; o employee position descriptions; o Employee training in sanitation, service, food preparation, and marketing; o Marketing and Promotions plan; o Cleaning and maintenance schedule; ? Quality Assurance Plan to identify the steps taken to maintain a high level of service, identify deficiencies and steps to be taken to eliminate deficiencies; ? A picture and/or description of employee uniforms; ? Current and relevant references for past performance, including current or recent food service experience with detailed explanations of the scope of work, employee responsibilities, and customer satisfaction. References must include contact information that is up to date. As this is a facility within the Commission for the Blind?s Business Enterprise Program (BEP), preference will be given to proposals from qualified, or cafeteria certified, licensees or other licensees who engage a qualified teaming partnership. All proposals submitted either by licensees or outside bidders must include a mechanism to provide a blind employee presence within the facility throughout the entire operational period. Proposals not clearly identifying this presence will not be considered for placement. At the conclusion of the bid period, all qualified complete proposals will be reviewed by an interview panel consisting of Commission for the Blind staff, Elected Operator?s Committee representatives, and building management. Interviews will be offered to the responsible person(s) submitting a qualified and complete proposal and will be conducted in Lansing by the same panel who reviewed the proposals. The facility will be offered to the successful bidder based on the results of the face-to-face interviews and associated business plan. Should you have any questions regarding this request for bids, please feel free to contact the Commission. You may speak to the Assistant Program Manager, Mr. James Hull, or facility Promotional Agent, Mr. Josh Hoskins. Mr. Hull may be reached at 517/373.2064 and Mr. Hoskins at 517/335.4263. **Amendment 1 effective 2/6/12 by EOC motion: That should a non-licensed bidder be awarded the facility that they be willing to engage in negotiations to develop a teaming partnership with an interested BEP licensee; **Amendment 2 effective 2/6/12 by EOC motion: That should the award be to a non-licensee that they be willing and able to provide training to an interested licensee in cafeteria service and management in either a paid or unpaid position as determined by the two parties. The following information is provided to assist prospective bidders in developing the required business plan: ? The Commission for the Blind will provide all equipment for the facility and will maintain all equipment provided minus the associated labor deductible associated with all BEP facilities. Alterations to the equipment may not be done, including additions and removal, without the prior written consent of the Commission. All equipment provided at the start of operations as well as throughout must be returned in like condition to the Commission at the completion of the operational period. ? An initial product inventory of $7000 will be provided for the facility by the Commission in accordance with policy. The initial inventory will be determined by cooperation between the Commission and the selected vendor. The value of the initial inventory provided by the Commission must be returned at the end of the operational period. ? Reports on the profit and loss of the facility must be provided to the Commission on a monthly basis, due by the 15th day of the month following the reporting period, and a 10% Set Aside Fee as calculated against business net proceeds must be paid to the Commission postmarked by the 25th day of the month following the report period. ? Building Population: The House of Representatives cafeteria is located in the Anderson House Office Building. As this houses the state legislature and they are not always in session at the building, the population may vary as follows: o 2011 legislative session days: 103 o during session days the building population can be 800 - 1000 people o General daily population: 500 o 2012 legislative session days currently scheduled: 90 ? Facility annual sales for the past three years are as follows: o 2011-$244,025 o 2010-$300,851 o 2009-$253,712 Additional financial data, including a complete profit and loss statement for the past three years is available upon request. ? Any alterations to the menu, other than seasonal adjustments, including pricing (other than commodities), service level, operational standards, cleaning and maintenance schedule, or other operational considerations provided in the initial business plan must be relayed in writing to the Commission, Elected Operator?s Committee, and Building Management and be posted in the facility at least two weeks prior to the effective date of the change. The facility manager must meet with the Commission, Elected Operator?s Committee and Building Management once per month for the first six (6) months of operations and quarterly from that point on. -------------- next part -------------- An HTML attachment was scrubbed... URL: From terrydeagle at yahoo.com Tue Jun 19 13:23:55 2012 From: terrydeagle at yahoo.com (Terry Eagle) Date: Tue, 19 Jun 2012 09:23:55 -0400 Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission fortheBlind Business Enterprise Program! In-Reply-To: References: Message-ID: <68C7638019A2481F928038F3E7FB3060@TerryPC> Right on target Mary Ann! Might I add the lack of adequate training for a BEP career, and the corrupt passage of trainees who obviously don't and can't exhibit the basic skills of blindness and business management; the failure to promote the BEP through through the hiring of blind individuals as employees in BEP operations; the practice of licensing sighted persons to operate BEP facilities, with the misappropriation and misuse of funds intended for employment of the blind, and resulting in the loss of inventory and set-aside funds taken away by the sighted licensees, without any legal ramifications for either the sighted persons or the state employees who violated the law, ripping-off blind BEP licensees of set-aside fees and other set-aside benefits. And yet, the sighted leadership of the current administration believes it knows best what is efficient and most beneficial for the blind for their futures and business program. That's just what we need--a new and additional level of incompetent non-business bureaucrat types running our programs, businesses, and future lives. All this under the banner of the governor's attempt at more efficient government. Well Mr. Government work to welfare for the blind is not efficient by any stretch of the imagination. I understand, Mr. Governor, that you and your administrators and advisors, cannot possibly imagine the abilities and true performance balue of of blind individuals in the workplace, but the reality is your vision of blind persons iscolored by the fact that you and your associates have not been exposed and surrounded by the well-trained and competent blind individuals in their respective fields. All we need as blind persons is the "opportunity" to demonstrate our abilities, without interference of those persons, sighted and blind alike, who believe they "know" what is in our best interest. I and my fellow blind citizens want WORK not WELFARE. Give us a fair "opportunity", free of discrimination and pre-judgment based on our physicaltraits and affiliation, and I guarantee we as blind citizens will wow and amaze you as partners in achieving a new culture and efficiency in government. Respectfully, Terry Eagle -----Original Message----- From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Sunday, June 17, 2012 7:24 PM To: Mary Ann Robinson; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission fortheBlind Business Enterprise Program! Right on! ----- Original Message ----- From: Mary Ann Robinson To: rick.snyder at michigan.gov Cc: l schuck ; NFB of Michigan List ; vendorsmi ; zimmerm at michigan.gov ; john scot Sent: Sunday, June 17, 2012 6:17 PM Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission for theBlind Business Enterprise Program! Dear Governor Snyder, Mr. Zimmer, Commissioners, and Fellow List Members: I believe that there is a time and a place for righteous anger and indignation; and I am experiencing these feelings for the following reasons: #1. Since Fred Wurtzel left as manager of the Michigan Commission for the Blind Business Enterprise Program (BEP), several years ago, there have been about thirty grievances/lawsuits. Several hundred thousand dollars and by now perhaps close to a million dollars have been spent in legal settlements or to seek assistance in addressing legal issues resulting from inappropriate or incompetent BEP management decisions made by Constance Zanger and/or James Hall. #2. Program staff frequently fail to appear at legal hearings when subpoenaed. In one recent case alone, six court ordered subpoenas were ignored. #3. Management has not had the fortitude to support and defend operators when illegal caterings have taken place in state buildings resulting in thousands of dollars in lost income for operators. One of the most blatant examples of this is at the State Capitol. #4. Management seriously violates promulgated rules as set forth in Public Act 260. The latest case in point is the State Plate fiasco. #5. BEP management often takes the side of the building manager when a complaint comes to their attention without even consulting with the operator. #6. BEP management often uses intimidation when dealing with operators - many of whom have lost trust and respect for management and/or are afraid to speak up out of fear of retribution and/or retaliation. .#7. Of great concern is the fact that BEP management exhibits prejudice and discriminates against National Federation of the Blind members. In October of 2011, an announcement about the National Federation of the Blind of Michigan's state convention was deliberately not placed on an information line than announces items and resources of interest to operators. Members of the Federation have also been targeted unjustifiably. Competent, knowledgeable, qualified, honest, committed, dedicated, respected, and trusted BEP employees have lost their jobs unfairly due to these behaviors It is incomprehensible to me that nothing has been done or is being done by those who have the means to do so to put an end to these abhorrent and unacceptable behaviors and practices.Further, I don't understand why those responsible have not been held accountable and disciplined. What will it take for these abominable activities to stop? How much more needless suffering must operators' endure? How many more of tax payers dollars must be squandered? How many more blind people must go without services because money is being spent on legal fees that can be avoided? When will those who have been grievously wronged receive the justice they deserve? The Michigan Business Enterprise Program was once top rated and among the most respected in the country. Today, it is viewed as one of the more problematic programs. Allowing the above mentioned behaviors and practices to continue will ultimately result in the destruction of the Business Enterprise Program in Michigan as well as in the loss of numerous jobs for blind people. Respectfully submitted, Mary Ann Robinson ________________________________ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.ne t From joeharcz at comcast.net Tue Jun 19 13:55:03 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Tue, 19 Jun 2012 09:55:03 -0400 Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan CommissionfortheBlind Business Enterprise Program! References: <68C7638019A2481F928038F3E7FB3060@TerryPC> Message-ID: <98C32D84FF8943F5BFB60F46E2AE11E5@YOUR7C60552B9E> Any fans of Star Trek out there? Remember the Borg? This Administration is feeding on the incom[petencies of the past as an excuse to relentlessly destroy our programs and services. It makes it so difficult for advocates like myself to fight for systems and structures so poorly managed in the first place, to say the least. Regardless technocrats, including this administration are like the Borg and they want to absorb anything in their path replacing on ineffecient and corrupt system with another one. That isn't the answer to this mess. I say, "Fire the goofball's who've violated law and equity for cause!" I'm an old union guy and have fought for the rights of workers all my life. But I never have fought for incompetents, frauds and outright abusers of the public trust. That, ladies and gentlemen is corruption at its core. It is a social evil that makes attempts for social justice look like a joke. The worst thing in a democracy with a small d here is that there isn't the transparency and ultimate accountability promised by this administration. It is just patronage by another Borg entity. It is relentless. It is insidious. Recently, Terry the Commissioners called your case: "The elephant in the room." True enough to a certain extent. But, the real "elephant in the room" is the utter incompetence, corruption, waste, fraud and abuse and lack of transparency of the "borg" system. It makes me sick to my stomache. To hear and see outright clowns like Cannon and Jones who can't even follow Rehab Act basics while getting paychecks from the taxpayer fit for kings makes me sick. To see the likes of Zanger, et al who run these programs but cannot account for anything makes me sick And the corporate/statists masters at DTMB and other relentless scofflaw entities are even worse. They are the Borg! Resistence is futile in their minds. I'm of the mind that we need to blow the whole bloody system up and start over again, except that I've seen that sort of thing in other states and that which is destroyed is never regained in my experience. Thus I'm anguished as to where to turn and what to do. And the BEP program is only the tip of the iceberg in the overall corruption and incompetence of our VR and IL services here. ----- Original Message ----- From: "Terry Eagle" To: "'NFB of Michigan Vendors List'" Sent: Tuesday, June 19, 2012 9:23 AM Subject: Re: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan CommissionfortheBlind Business Enterprise Program! > Right on target Mary Ann! > > Might I add the lack of adequate training for a BEP career, and the > corrupt > passage of trainees who obviously don't and can't exhibit the basic skills > of blindness and business management; the failure to promote the BEP > through > through the hiring of blind individuals as employees in BEP operations; > the > practice of licensing sighted persons to operate BEP facilities, with the > misappropriation and misuse of funds intended for employment of the blind, > and resulting in the loss of inventory and set-aside funds taken away by > the > sighted licensees, without any legal ramifications for either the sighted > persons or the state employees who violated the law, ripping-off blind BEP > licensees of set-aside fees and other set-aside benefits. > > And yet, the sighted leadership of the current administration believes it > knows best what is efficient and most beneficial for the blind for their > futures and business program. That's just what we need--a new and > additional level of incompetent non-business bureaucrat types running our > programs, businesses, and future lives. All this under the banner of the > governor's attempt at more efficient government. Well Mr. Government work > to welfare for the blind is not efficient by any stretch of the > imagination. > I understand, Mr. Governor, that you and your administrators and advisors, > cannot possibly imagine the abilities and true performance balue of of > blind > individuals in the workplace, but the reality is your vision of blind > persons iscolored by the fact that you and your associates have not been > exposed and surrounded by the well-trained and competent blind individuals > in their respective fields. All we need as blind persons is the > "opportunity" to demonstrate our abilities, without interference of those > persons, sighted and blind alike, who believe they "know" what is in our > best interest. I and my fellow blind citizens want WORK not WELFARE. > Give > us a fair "opportunity", free of discrimination and pre-judgment based on > our physicaltraits and affiliation, and I guarantee we as blind citizens > will wow and amaze you as partners in achieving a new culture and > efficiency > in government. > > Respectfully, > > Terry Eagle > > > > > -----Original Message----- > From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] > On > Behalf Of joe harcz Comcast > Sent: Sunday, June 17, 2012 7:24 PM > To: Mary Ann Robinson; NFB of Michigan Vendors List > Subject: Re: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission > fortheBlind Business Enterprise Program! > > Right on! > > ----- Original Message ----- > From: Mary Ann Robinson > To: rick.snyder at michigan.gov > Cc: l schuck ; NFB of Michigan List > ; vendorsmi > ; > zimmerm at michigan.gov ; john scot > Sent: Sunday, June 17, 2012 6:17 PM > Subject: [Vendorsmi] FLAGRANT INJUSTICE IN THE Michigan Commission > for theBlind Business Enterprise Program! > > Dear Governor Snyder, Mr. Zimmer, Commissioners, and > Fellow List Members: > > I believe that there is a time and a place for righteous anger and > indignation; and I am experiencing these feelings for the following > reasons: > > #1. Since Fred Wurtzel left as manager of the Michigan Commission > for the Blind Business Enterprise Program (BEP), several years ago, there > have been about thirty grievances/lawsuits. Several hundred thousand > dollars and by now perhaps close to a million dollars have been spent in > legal settlements or to seek assistance in addressing legal issues > resulting > from inappropriate or incompetent BEP management decisions made by > Constance > Zanger and/or James Hall. > #2. Program staff frequently fail to appear at legal hearings when > subpoenaed. In one recent case alone, six court ordered subpoenas were > ignored. > #3. Management has not had the fortitude to support and defend > operators when illegal caterings have taken place in state buildings > resulting in thousands of dollars in lost income for operators. One of > the > most blatant examples of this is at the State Capitol. > > #4. Management seriously violates promulgated rules as set forth in > Public Act 260. The latest case in point is the State Plate fiasco. > #5. BEP management often takes the side of the building manager when > a complaint comes to their attention without even consulting with the > operator. > #6. BEP management often uses intimidation when dealing with > operators - many of whom have lost trust and respect for management and/or > are afraid to speak up out of fear of retribution and/or retaliation. > .#7. Of great concern is the fact that BEP management exhibits > prejudice and discriminates against National Federation of the Blind > members. In October of 2011, an announcement about the National > Federation > of the Blind of Michigan's state convention was deliberately not placed on > an information line than announces items and resources of interest to > operators. Members of the Federation have also been targeted > unjustifiably. > Competent, knowledgeable, qualified, honest, committed, dedicated, > respected, and trusted BEP employees have lost their jobs unfairly due to > these behaviors > > It is incomprehensible to me that nothing has been done or is being > done by those who have the means to do so to put an end to these abhorrent > and unacceptable behaviors and practices.Further, I don't understand why > those responsible have not been held accountable and disciplined. What > will > it take for these abominable activities to stop? How much more needless > suffering must operators' endure? How many more of tax payers dollars > must > be squandered? How many more blind people must go without services > because > money is being spent on legal fees that can be avoided? When will those > who > have been grievously wronged receive the justice they deserve? > > The Michigan Business Enterprise Program was once top rated and > among the most respected in the country. Today, it is viewed as one of > the > more problematic programs. Allowing the above mentioned behaviors and > practices to continue will ultimately result in the destruction of the > Business Enterprise Program in Michigan as well as in the loss of numerous > jobs for blind people. > > Respectfully submitted, > > Mary Ann Robinson > > > ________________________________ > > > > > _______________________________________________ > Vendorsmi mailing list > Vendorsmi at nfbnet.org > http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org > To unsubscribe, change your list options or get your account info > for Vendorsmi: > > http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.ne > t > > > > _______________________________________________ > Vendorsmi mailing list > Vendorsmi at nfbnet.org > http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org > To unsubscribe, change your list options or get your account info for > Vendorsmi: > http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net From terrydeagle at yahoo.com Tue Jun 19 14:53:45 2012 From: terrydeagle at yahoo.com (Terry Eagle) Date: Tue, 19 Jun 2012 10:53:45 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"? Something to ponder Message-ID: The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle _____ From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. _____ From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle _____ From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier -------------- next part -------------- An HTML attachment was scrubbed... URL: From f.wurtzel at att.net Tue Jun 19 15:20:11 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Tue, 19 Jun 2012 11:20:11 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"? Something to ponder In-Reply-To: References: Message-ID: <001a01cd4e2f$056f92c0$104eb840$@att.net> Hi Terry, Good analysis. Warmest Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Terry Eagle Sent: Tuesday, June 19, 2012 10:54 AM To: 'NFB of Michigan Vendors List' Subject: [Vendorsmi] Where Do You see Yourself in "active participation"? Something to ponder The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle _____ From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. _____ From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle _____ From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Tue Jun 19 16:20:59 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Tue, 19 Jun 2012 12:20:59 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder References: Message-ID: <229CE5EBE1BB457FB3F502761C8D2CBA@YOUR7C60552B9E> This is all like a bunch of concentration camp victims fighting each other for the last scrap of food by Kapos! What a load of crappola! The agency and indeed the State of Michigan is the issue here, not this or that facility, site or whatever. Moreover the entire MCB program has VR and IL components that greedy and self serving son of a bitches overlook only looking at their own livelihoood. A pox upon these selfish sell outs. A pox on them all! ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Tuesday, June 19, 2012 10:53 AM Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle ------------------------------------------------------------------------------ From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. ------------------------------------------------------------------------------ From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle ------------------------------------------------------------------------------ From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Tue Jun 19 19:05:16 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 19 Jun 2012 15:05:16 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder References: Message-ID: <1E8FFFA477AC4FE88CA51B68018F1B16@Reputercat> First class, first in class! The Commission Board made it clear that it has had enough of the failed management style that defines the BEP and is demanding positive change, even if that means dealing with painful realities such as Howell/Okemos. I'm waiting for the day when BEP management is forced to explain why it created a super route for the operator who obtained evidence of criminal action on the part of the assistant program manager, while failing to make a logical and necessary change for the sake of keeping another facility healthy and economically viable. I feel for both operators in this mess; I feel nothing but contempt for BEP royalty, managers, current love interests and sellout operators. ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Tuesday, June 19, 2012 10:53 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle ------------------------------------------------------------------------------ From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. ------------------------------------------------------------------------------ From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle ------------------------------------------------------------------------------ From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Tue Jun 19 19:18:11 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Tue, 19 Jun 2012 15:18:11 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "activeparticipation"?Something to ponder References: <1E8FFFA477AC4FE88CA51B68018F1B16@Reputercat> Message-ID: Yes, and btw, why in the sam hill do we have accountability on operators, perportedly, and on the MCB Board but not any whatsoeer about the agency? Say whatever did happen to documented wage theft of and by the likes of James Hull? And what in the world ever happened to the outright nepotism of constance Zanger in her constant screwing of subordinates? Both are cause for removal from the taxpayer positions they hold. ----- Original Message ----- From: Joe Sontag To: Terry Eagle ; NFB of Michigan Vendors List Sent: Tuesday, June 19, 2012 3:05 PM Subject: Re: [Vendorsmi] Where Do You see Yourself in "activeparticipation"?Something to ponder First class, first in class! The Commission Board made it clear that it has had enough of the failed management style that defines the BEP and is demanding positive change, even if that means dealing with painful realities such as Howell/Okemos. I'm waiting for the day when BEP management is forced to explain why it created a super route for the operator who obtained evidence of criminal action on the part of the assistant program manager, while failing to make a logical and necessary change for the sake of keeping another facility healthy and economically viable. I feel for both operators in this mess; I feel nothing but contempt for BEP royalty, managers, current love interests and sellout operators. ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Tuesday, June 19, 2012 10:53 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle ---------------------------------------------------------------------------- From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. ---------------------------------------------------------------------------- From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle ---------------------------------------------------------------------------- From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 13:27:19 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 09:27:19 -0400 Subject: [Vendorsmi] Where Do You see Yourself in "activeparticipation"?Something to ponder References: <1E8FFFA477AC4FE88CA51B68018F1B16@Reputercat> Message-ID: As you and others constantly point out there aren't real problems with the law or the rules, except that they are not followed by the agency! ----- Original Message ----- From: Joe Sontag To: Terry Eagle ; NFB of Michigan Vendors List Sent: Tuesday, June 19, 2012 3:05 PM Subject: Re: [Vendorsmi] Where Do You see Yourself in "activeparticipation"?Something to ponder First class, first in class! The Commission Board made it clear that it has had enough of the failed management style that defines the BEP and is demanding positive change, even if that means dealing with painful realities such as Howell/Okemos. I'm waiting for the day when BEP management is forced to explain why it created a super route for the operator who obtained evidence of criminal action on the part of the assistant program manager, while failing to make a logical and necessary change for the sake of keeping another facility healthy and economically viable. I feel for both operators in this mess; I feel nothing but contempt for BEP royalty, managers, current love interests and sellout operators. ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Tuesday, June 19, 2012 10:53 Subject: [Vendorsmi] Where Do You see Yourself in "active participation"?Something to ponder The following is being offered for the sole purpose of discussion of the philosophical and dynamics of organizational function or dysfunction that I set forth below. I encourage opposing or similar viewpoints. This is intended for self-evaluation and self-reflection for the betterment of the whole community. It does not carry with this writing any evaluation or opinion of other information contained herein, as such information is presented solely to give context to why I offer my essay for discussion of the organizational dynamics that ultimately affect all persons within the organization. This exercise and discussion is typical of the question and discussion in a university-level principles of ethics course or corporate training seminar. Hey Bill, I do not know the facts surrounding Risa getting the Howell facility in the first place, so I cannot comment on that situation, except to say that assuming what you say is true, it exactly makes my earlier point about rules not being followed, and the simple fact that someone is ultimately going to get trampled and injured, for failure to follow the rule of law. It is, in my opinion, the failure of blind licensees to not prosecute valid claims of rule violations that has created a culture and environment within the BEP which has fostered an attitude by BEP management and a few select licensee, for personal reasons alone, simply sit back on their hands and allow the illegal and unethical actions to occur, and gibing the violators an attitude that they can repeat such biolations over and over because the know that are likely not to be challenged by the blind, as was apparently true in your case of not being awarded Howell. Bill, truly the answer to addressing corruption is not to turn one's head as if to not see the corruption, but rather to face head-on and stare down the evil one witnesses. To sit back and pretend to believe that failure to confront and address the corruption and evil, believing it is noble to not defend one's rights for the good or sake of anotheris simplyfurther promotes future evil acts by the original wrong-doer, ultimately injuring a much longer list of individuals in the future. That is the ultimate result when a seemingly noble act of not appropriately acting does to advance corruption and evil. Bill, over the years, I have seen many intelligent, morally upright, well-intentioned blind person come and go from the BEP operator "active participation" scene. In my opinion and observation, the vast majority exit the scene believing that they as an individual cannot have or make a positive impact on that which is corrupt or evil. A fewer number decide to "go-along-to get-along", because they relize the "price" or "cost" to them and their future materialism is much too expensive for doing that which is right and just. The individuals have witnessed not only the corruption and evil, they also have either seen and/or experienced the further corruption and evil associated with retaliation and retribution for the courageto stand up for what is right and just, and stand firm against corruption and evil. Then there are a much smaller group of individuals I call the "sell-outs", or as they are likely to define themselves as the "opportunity seekers". These are the ones that believe that "survival of the fittest" or "eat-others-before-you get-eaten", is the only method of survival in the daily jungle of life, for after all, it truly is a jungle out there in business, and one certainly must fend for one's self, if one is to get-ahead and survive, they truly believe. This minority in any organization tends to cozy up to the leader of the pack, knowing that there is strength in numbers, and that sticking together one can truly survive. It is the attitude of rugged individualism, "what's in it for me", and "I've got your back, and you've got my back, and the "rules are there for others to follow, but not me" system of operation. In their jungle-environment mind, it is not in their best interest to act in the best interest of the entire jungle inhabitants. Each and every one in the pack prowl the intense jungle to capture that which will fulfill their personal needs, of course at the cost of the less connected and astute members of the community. Then, as I once heard it described by one blind individual, the individual pack members drag their captured bounty back to their cave, disappearing and not being seen, as they savor the pleasure of their rugged individualism andhedonism, while doing the most minimal to preserve and protect that which they have gained, at a huge cost to the entire organization. There is no longer any reason to stick around for the good, right and just benefit of the majority of the members of the organization. Finally, there are an even more tiny minority that get involved, stay involved, and confront and stare down corruption and evil at any personal cost, simply and authentically because it is the only noble, moral, right and just approach and action to take. I can think of a few blind persons, formerly employed within the BEP that fit within this tiny minority of blind persons willing to act on behalf of all blind individuals, despite the cost personally. . Where do you see yourself within this organizational structure in BEP? Best regards, Terry Eagle ---------------------------------------------------------------------------- From: Bill Lozier Sent: Monday, June 18, 2012 4:19 PM To:Terry D. Eagle Subject: RE: Howell Rest area One more thing Terry, Risa was illegally given howell in the first damm place. I was number one on that bid, and your buddy fred and connie screwed me out of it, you know why, becouse they liked risa more then me!!! AND THAT IS A FACT TERRY But did i cry like a baby and try to take down another operator. No i pulled up my pants and moved on. Time for risa to do the same. ---------------------------------------------------------------------------- From:Terry D. Eagle To:Bill Lozier Subject: RE: Howell Rest area Date: Mon, 18 Jun 2012 14:57:06 -0400 Dear Bill, Obviously you are misinformed and ill-equipped with regard to the facts of the case acted upon by the MCB Board on Friday. The action taken by the MCB Board was acted upon on behalf of the "PETITIONER" in the case No.: 2009-1705, and as the representative in that case, and I don't recall Marlene Rothenhauser being neither the "PETITIONER", nor the licensee with whom I have a valid representative agreement in that case. You clearly must have confused the case of which you reference and the case in which I represented Ms. Rothenhauser's brother, Mr. Mark Rothenhauser. I simply point out your confusion so that you are aware that Ms. Rothenhauser was not a "PARTY" to Case No. 2009-1705, therefore, Ms. Rothenhauser has no legal "STANDING", with relation to the MCB Board's final agency decision and resulting benefit to Mrs. Patrick-Langtry. It is amirable that you desire to represent Ms. Rothenhauser on her claim of grievance against the BEP, as they clearly acted contrary to past practice of not assigning a permanent licensee to a vending facility during the pendency of a grievance involving a vending facility, wish was itself a discriminatory act toward Ms. Patrick-Langtry, and detrimental to Ms. Rotherhauser as well. It is also notable that the SLA failed to follow the BEP Adminisrative Rules, with regard to the assignment of Ms. Rothenhauser to the Howell Vending Facility, as Ms. Rothenhauser was not eligible for a promotion or transfer to another vending facility, at the time of the bid, award of the bid, or the transfer date, thus Ms. Rotthenhauser simply does not hold a valid vending facility license to the Howell vending facility. Given these facts, I can see and certainly empathsize with Ms. Rothenhauser and you being upset, frustrated, and even angry at the illegal actions of the BEP management, as I too have witnessed too many such actions, and successfully represented the vast majority of licensees affected by such senseless and illegal acts by the BEP management, as well as Mr. Cannon. I too agree that there is, as you say, "cheating" going on, but it certainly is not on the part of Ms. Patrick-Langtry. Rather, the"cheating" that is ongoing is on the part of the BEP management, mostly with their practice of favoritism for certain individuals, and discriminationagainst other individuals. In reality, there is another more suddle form of "cheating" going on by the illegal, favoritism, and, discriminatory acts of the BEP management, and that "cheating" is in the form of ALL licensees and blind individuals being "cheated" of a high quality business income-producing program. Therfore, your placement of "cheating" is misplaced, Sir. For the past five years, my clear and consistent chant has been for all, SLA and Blind licenseea alike, to "simply follow the rule of law", and no one would get hurt in the day-to-day process of operation of the program. Until such is done, someone is bound to be trampled and injurwd. Unfortunately, in this instance, the BEP hastrampled and injured both Mrs. Patrick-Langtry and Ms. Rothenhauser, simply by running without following the rules, established to prevent just such injury, I believe you will agree, once you know and examine the facts involved. I wish you the best in your representation of Ms. Rothenhauser, in what is certainly a no-win situation. Best regards, Terry Eagle ---------------------------------------------------------------------------- From: Bill Lozier Sent: Monday, June 18, 2012 8:24 AM Subject: Howell Rest area Good Morning Everyone, I know everyone is very interested in the ruling involving the howell rest area at the recent Commission board meeting. First off I would like to inform everyone that Marlene Rotherhauser has asked me to be her representative in this matter so please forward any relevant information on this case to me. Secondly I would personally like to thank Risa for her interest in and dedication to our program. And third but not least since the ruling by an administrative law judge was upheld by the Commission Board clearly states that the Okomas vending route should be added to the howell/Novi vending route. And since Marlene Rothenhousre is the current operator that is licensed by the state of Michigan to operate the howell rest areas, we would like to know when the Okomas route will be added to her howell rest area? As I said earlier i would like thank Risa for her dedication to this site and for her continuing to fight for it even after she voluntarily gave up the license to operate it. Risa should be commended for her relentless fight to help marlene make the site a economic success. To give up her own location to help another operator is totally commendable. But all thanks aside when can we expect this to be signed over to Marlene? We hope it can be done as quickly as possible so Marlene can take advantage of the short summer season. When Risa voluntarily gave up her license to operate howell/novi rest she ,gave up all rights to that location including any that are being added now. The grievance that was filed was filed on behalf of the location not the individual operator, Risa personally did not win anything, the operator that is currently being licensed by the state of michigan to operate that howell faculty won!!!!! Ask Fred he knows!! What happens to Risa? we really do not care, as it is very clear she was willing to hurt and destroy anyone as long as she got hers. If she believed in her case that much she should have never left howell and waited for Okamos to be delivered to her. But of course she choose to be greedy and try to get the biggest piece of the pie before it was officially served. Shame on her and anyone else involved in this. It is greed and thoughtless actions like this that are bringing unwanted negative attention to our program. I hope this serves as a lesson to all who what to try and cheat their way in life, be careful what you wish for, you might get it. Marlene Rothenhouser is legally licensed by the state of Michigan to operate the BEP faculty located at the Howell/Novi rest areas. She is in compliance and in good standing with the SLA. There is absolutely no reason or no way for her license to be revoked. No where in the propagated rules dose it say that an operator can be removed from a facility in order to give that facility to another operator. Again Marlene is in good standing with the SLA and has done nothing wrong, she has fallowed all the rules and promoted into this location legally a year and a half ago. There is no reason to penalize her or revoke her license, she has done absolutely nothing wrong and will fight to the bitter end to save job her job and her home. This decision is a complete violation of our propagated rules and will not hold water when all sides are heard and given a chance to speak. I might add that marlene has never given testimony and never been given a chance to speak on this. This has all been done behind closed doors and in secret!!! If risa now wants the howell rest area added to okamos then she need to start all over, file a grievance saying she wants it that way. For now Okamos goes with howell, Marlene is the legal licensed operator for Howell. Please forward this to Risa i do not have her e-mail. Sincerely Bill Lozier ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 17:27:36 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 13:27:36 -0400 Subject: [Vendorsmi] send me the inventory now! Message-ID: <9AA7B1E3192D4170ACF44A77EF97534C@YOUR7C60552B9E> Request Cannon June 20, 2012 Accountability Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 E-mail: joeharcz at comcast.net Re: Equipment inventory To: Patrick D. Cannon Director, Michigan commission for the Blind (Via e-mail) Dear Mr. Cannon I?m writing to you as the Director of the Michigan commission for the Blind to remit all spreadsheets, and other data related to the MCB?s Equipment Inventory that is a required and ongoing obligation of your and the BEP staff. Certainly it is your and others obligations to account to for who, what, when where and why and how or federally taxpayer funded stuff is! This isn?t rocket sconce sir. It is a matter of accounting and accountability for where and how our taxpayer?s monies are accounted for. You are paid in excess of $125,000 per year to in part know just where this stuff is. Your job description also requires that you ensure subordinates like Zanger and Hull and Promotional Agents know where our stuff is. Yet, no one knows where anything is apparently. Also this goes to the ggross dereliction of ongoing duties by PA, Josh Hoskins and his superiors including yourself in the loss of a $7,000 snack machine at he ?Holt Rest Area? demolished or otherwise lost do to dereliction of known duties and that has not been responded to and there is no accountability for this or other actions/inactions by you, the boss. What gives here? Send me this inventory stuff in accessable format which is to send it to me as Word attachments/and/or plain text enclosures to my e-mail adress listed above pursuent to obligations under the Rehabilitation Act of which you are well aware and title II of the ADA. Do it now. Sincerely, Paul Joseph Harcz, Jr. Cc: MCB Commissioners Cc: EOC Cc: RSA Cc: Mike Zimmer, LARA Cc: MCBVI Cc: NFB MI CC: several -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 17:40:51 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 13:40:51 -0400 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group Message-ID: <4E9FA0B3056847FDB491CD3331C25316@YOUR7C60552B9E> ----- Original Message ----- From: joe harcz Comcast To: NDYCOLEMAN at aol.com Sent: Wednesday, June 20, 2012 1:32 PM Subject: Re: Not Dead Yet Chicago Action Group Hi Diane, I am real busy but the thing is really simple. I never mind the term choice. And all Pwd along with all have the choice to end their own life at their own had for whatever reason. I have that right. Now, where I agree with NDY and all other groups on the general issue is when third parties become infvolved and actually begin to dictate or otherwise in contradictions to stated purposes (so-called choice) end of life decisions for another ad hoc. This is what is insidious and why I generally back most positions of NDY because, rionically the other positions are contrary to "choice" like Toye's position. Bottom line is I can blow my brains out if I wish. and that is sancrosanct in my mind. But, again when any third party wishes to blow my brains out then that is contrary to choice too. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 1:06 PM Subject: Re: Not Dead Yet Chicago Action Group Please feel free to fill me in on the civil libertarian objections as your time allows. I can't promise to respond in the next two weeks, but later. Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org In a message dated 6/20/2012 12:51:27 P.M. Eastern Daylight Time, joeharcz at comcast.net writes: Hi Diane, You can't send me enough accessable e-mails about anything you or NDY are doing. I can always delete anything I can't use or tdon't find relevent. Please always keep me on any distributions you send out. The more accessable information I have on anything the better. Peace with Justice, By the way you know I have some civil libertarian objections to some things with NDY but I appreciate the over all goalls and actions and the right to critique this or that. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 12:08 PM Subject: Re: Not Dead Yet Chicago Action Group Thanks for this update, Joe. Would you prefer to keep getting these emails for the next two weeks, or is your mailbox full enough? Diane Coleman, J.D. President/CEO Not Dead Yet In a message dated 6/20/2012 9:25:58 A.M. Eastern Daylight Time, joeharcz at comcast.net writes: Thanks so much Diane. I'll try to attend but it is looking very unlikely because I am caretaking elderly parents and certain medical issues are fluid. Regardless I support this and will try to get more involved. BTW thank you to Not Dead Yet for supporting HR 3086 which would phase out sub-minimum wages in shelterred shops... Peace with Justice, Joe Harcz ADAPT and National Federation of the Blind ----- Original Message ----- From: NDYCOLEMAN at aol.com To: lbiondi at progresscil.org ; hesparza at progresscil.org ; ambity at aol.com ; sharon.lamp at yahoo.com ; curtisharris81855 at yahoo.com ; adam.ballard1 at gmail.com ; jwichman at accessliving.org ; mgarcia at accessliving.org ; lawclerk3 at accessliving.org ; ssnance at hotmail.com ; bwilliams-boyce at accessliving.org ; kevinirvineefe at yahoo.com ; jazzbirder at ren.com ; nlcmom at comcast.net ; joeharcz at comcast.net ; LHallConsulting at gmail.com ; nlcdad at yahoo.com ; pamwgcil at sbcglobal.net ; missywgcil at sbcglobal.net ; marywgcil at sbcglobal.net ; travelroxy at aol.com ; crippower at aol.com Sent: Tuesday, June 19, 2012 4:34 PM Subject: Not Dead Yet Chicago Action Group Greetings to the Not Dead Yet Chicago Action Group! If you're getting this email, it's because you gave me your email address as someone interested in Not Dead Yet's Chicago Action scheduled for June 28 - 30, 2012. I know I don't have everyone's email address yet, so if you know of others who are interested, please let me know and I can add them to this list. We'll be communicating over the next week and a half about the action. We'll be meeting at the Hyatt Regency Ohare at 9300 Bryn Mawr Avenue. I'll get there on June 27 and let everyone know the specific spot to meet at noon, Thursday, June 28 for the first event (Greeting Dear Abby). I'm attaching an updated flyer with the address. Over the next few days, I'll send you more useful information, so please stay tuned. I believe that I know who needs a hotel room, but it would be helpful if you confirm your planned arrival and departure dates and other details. Feel free to email me at this address, or call or text me at 708-420-0539. I'm looking forward to seeing everyone! Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Wed Jun 20 18:15:42 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 20 Jun 2012 14:15:42 -0400 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group References: <4E9FA0B3056847FDB491CD3331C25316@YOUR7C60552B9E> Message-ID: <7DCD3B7DE83F4D9795088BBD2C46B148@Reputercat> This was sent to the list in error, right? ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Wednesday, June 20, 2012 13:40 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group ----- Original Message ----- From: joe harcz Comcast To: NDYCOLEMAN at aol.com Sent: Wednesday, June 20, 2012 1:32 PM Subject: Re: Not Dead Yet Chicago Action Group Hi Diane, I am real busy but the thing is really simple. I never mind the term choice. And all Pwd along with all have the choice to end their own life at their own had for whatever reason. I have that right. Now, where I agree with NDY and all other groups on the general issue is when third parties become infvolved and actually begin to dictate or otherwise in contradictions to stated purposes (so-called choice) end of life decisions for another ad hoc. This is what is insidious and why I generally back most positions of NDY because, rionically the other positions are contrary to "choice" like Toye's position. Bottom line is I can blow my brains out if I wish. and that is sancrosanct in my mind. But, again when any third party wishes to blow my brains out then that is contrary to choice too. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 1:06 PM Subject: Re: Not Dead Yet Chicago Action Group Please feel free to fill me in on the civil libertarian objections as your time allows. I can't promise to respond in the next two weeks, but later. Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org In a message dated 6/20/2012 12:51:27 P.M. Eastern Daylight Time, joeharcz at comcast.net writes: Hi Diane, You can't send me enough accessable e-mails about anything you or NDY are doing. I can always delete anything I can't use or tdon't find relevent. Please always keep me on any distributions you send out. The more accessable information I have on anything the better. Peace with Justice, By the way you know I have some civil libertarian objections to some things with NDY but I appreciate the over all goalls and actions and the right to critique this or that. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 12:08 PM Subject: Re: Not Dead Yet Chicago Action Group Thanks for this update, Joe. Would you prefer to keep getting these emails for the next two weeks, or is your mailbox full enough? Diane Coleman, J.D. President/CEO Not Dead Yet In a message dated 6/20/2012 9:25:58 A.M. Eastern Daylight Time, joeharcz at comcast.net writes: Thanks so much Diane. I'll try to attend but it is looking very unlikely because I am caretaking elderly parents and certain medical issues are fluid. Regardless I support this and will try to get more involved. BTW thank you to Not Dead Yet for supporting HR 3086 which would phase out sub-minimum wages in shelterred shops... Peace with Justice, Joe Harcz ADAPT and National Federation of the Blind ----- Original Message ----- From: NDYCOLEMAN at aol.com To: lbiondi at progresscil.org ; hesparza at progresscil.org ; ambity at aol.com ; sharon.lamp at yahoo.com ; curtisharris81855 at yahoo.com ; adam.ballard1 at gmail.com ; jwichman at accessliving.org ; mgarcia at accessliving.org ; lawclerk3 at accessliving.org ; ssnance at hotmail.com ; bwilliams-boyce at accessliving.org ; kevinirvineefe at yahoo.com ; jazzbirder at ren.com ; nlcmom at comcast.net ; joeharcz at comcast.net ; LHallConsulting at gmail.com ; nlcdad at yahoo.com ; pamwgcil at sbcglobal.net ; missywgcil at sbcglobal.net ; marywgcil at sbcglobal.net ; travelroxy at aol.com ; crippower at aol.com Sent: Tuesday, June 19, 2012 4:34 PM Subject: Not Dead Yet Chicago Action Group Greetings to the Not Dead Yet Chicago Action Group! If you're getting this email, it's because you gave me your email address as someone interested in Not Dead Yet's Chicago Action scheduled for June 28 - 30, 2012. I know I don't have everyone's email address yet, so if you know of others who are interested, please let me know and I can add them to this list. We'll be communicating over the next week and a half about the action. We'll be meeting at the Hyatt Regency Ohare at 9300 Bryn Mawr Avenue. I'll get there on June 27 and let everyone know the specific spot to meet at noon, Thursday, June 28 for the first event (Greeting Dear Abby). I'm attaching an updated flyer with the address. Over the next few days, I'll send you more useful information, so please stay tuned. I believe that I know who needs a hotel room, but it would be helpful if you confirm your planned arrival and departure dates and other details. Feel free to email me at this address, or call or text me at 708-420-0539. I'm looking forward to seeing everyone! Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Wed Jun 20 18:36:42 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 20 Jun 2012 14:36:42 -0400 Subject: [Vendorsmi] Fw: Heads Up! Please forward Message-ID: ----- Original Message ----- From: Kevan Worley To: Harold Wilson ; Kim Williams ; nickycolorado at netscape.net ; sharonparis at comcast.net ; 'Al Falligan' ; 'Art Stevenson' ; 'Charles and Betty Allen' ; 'Jim Farley' ; 'John Fritz' ; 'Lynn Reynolds' ; 'Scott Young' ; 'Virgil Stinnett' ; 'Dave Merritt' ; 'David Phillips' ; 'Don Hudson' ; 'Gene Fleeman' ; HackneyCharles at aol.com ; icbv at sbcglobal.net ; 'Jeremiah Wells' ; 'Joe Shaw' ; 'John Gerber' ; 'john Jones' ; 'Lorraine Magnessun' ; 'Manny Sifuentes' ; 'Mary Hayes' ; 'Pamela' ; 'Ray Marshall' ; suncat0 at gmail.com ; terrysmith at epbfi.com ; 'Willie Black' Sent: Wednesday, June 20, 2012 13:59 Subject: FW: Heads Up! Please forward From: Kevan Worley [mailto:kevanworley at blindmerchants.org] Sent: Wednesday, June 20, 2012 11:58 AM To: 'Al Travers'; 'Alan Moss'; 'Brad Basta'; 'Don Hudson'; 'Doug Haas'; 'Gary Nelson'; 'Gilbert Odell'; 'Jack Riley'; 'James Triplett'; 'Joy Lynne Nelson'; 'Mary Correa'; 'Nancy Hoover'; 'Paul Pichardo'; 'Pete Park'; 'Scott Land'; 'Scott Marcotte'; 'Steve Masters'; 'Steven Hickey' Subject: Heads Up! Please forward Greetings colleagues, Nicky Gacos, President, National Association of Blind Merchants, asked me to forward this message to you. Will you please, in turn, forward this email to some of our buddies who are Randolph Sheppard vendors who may not have seen this information. Also, each of you might want to call a couple of your buddies and encourage them to participate. This has been one of the most successful years in the history of the National Association of Blind Merchants. Nicky, working with so many of you, has launched the blind entrepreneur initiative and other programs. Let's top off the year in style. The snack pack program at the national convention is a tradition going back more than two decades. Our friends in Illinois, New Jersey, and Colorado have secured some contributions of goodies from some of our suppliers, but not as many as in past years. We must count on each other. Please contact Jessica Moorefield at VISTAR Dallas. She is excited to help. She is waiting for your call. You can use a credit card if, or if you are a VISTAR customer you can use your VISTAR account number. Call her at 1-800-234-5211, ext. 76414. You can also order by email. Her e-mail address is jmoorefield at pfgc.com . We cannot count on others. This is an important fundraiser. We need 24,000 individual snacks if we are going to sell 1,200 snack packs containing 20 snacks in each bag. Again this year, Envision America is providing nice bags. Please help us fill each bag. Please contact VISTAR and order your share for the good of the cause. Thank you. Even if you are not attending convention, please help with this project. Remember that hundreds of blind people come to our convention for information and inspiration. Many come on very, very limited budgets. These $5 snack bags really do matter to so many who try to make ends meet at the convention. Each of us can afford to order at least a couple of cases. Sweet, salty, healthy, or hot! Chips, peanut butter crackers, Kars peanuts, etc. You pick it - you pay it - together we will pack it, we will sell it at the exhibit hall. Please do it today! Please reach out and urge all of our colleagues to participate. Cut off deadline is next Tuesday at 5 p.m.! Don't wait. Thank you! Kevan Worley Executive Director National Association of Blind Merchants -------------- next part -------------- An HTML attachment was scrubbed... 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Name: image002.jpg Type: image/jpeg Size: 2349 bytes Desc: not available URL: From joeharcz at comcast.net Wed Jun 20 18:52:42 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 14:52:42 -0400 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group References: <4E9FA0B3056847FDB491CD3331C25316@YOUR7C60552B9E> <7DCD3B7DE83F4D9795088BBD2C46B148@Reputercat> Message-ID: Sorry it was in error... ----- Original Message ----- From: Joe Sontag To: NFB of Michigan Vendors List Sent: Wednesday, June 20, 2012 2:15 PM Subject: Re: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group This was sent to the list in error, right? ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Wednesday, June 20, 2012 13:40 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group ----- Original Message ----- From: joe harcz Comcast To: NDYCOLEMAN at aol.com Sent: Wednesday, June 20, 2012 1:32 PM Subject: Re: Not Dead Yet Chicago Action Group Hi Diane, I am real busy but the thing is really simple. I never mind the term choice. And all Pwd along with all have the choice to end their own life at their own had for whatever reason. I have that right. Now, where I agree with NDY and all other groups on the general issue is when third parties become infvolved and actually begin to dictate or otherwise in contradictions to stated purposes (so-called choice) end of life decisions for another ad hoc. This is what is insidious and why I generally back most positions of NDY because, rionically the other positions are contrary to "choice" like Toye's position. Bottom line is I can blow my brains out if I wish. and that is sancrosanct in my mind. But, again when any third party wishes to blow my brains out then that is contrary to choice too. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 1:06 PM Subject: Re: Not Dead Yet Chicago Action Group Please feel free to fill me in on the civil libertarian objections as your time allows. I can't promise to respond in the next two weeks, but later. Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org In a message dated 6/20/2012 12:51:27 P.M. Eastern Daylight Time, joeharcz at comcast.net writes: Hi Diane, You can't send me enough accessable e-mails about anything you or NDY are doing. I can always delete anything I can't use or tdon't find relevent. Please always keep me on any distributions you send out. The more accessable information I have on anything the better. Peace with Justice, By the way you know I have some civil libertarian objections to some things with NDY but I appreciate the over all goalls and actions and the right to critique this or that. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 12:08 PM Subject: Re: Not Dead Yet Chicago Action Group Thanks for this update, Joe. Would you prefer to keep getting these emails for the next two weeks, or is your mailbox full enough? Diane Coleman, J.D. President/CEO Not Dead Yet In a message dated 6/20/2012 9:25:58 A.M. Eastern Daylight Time, joeharcz at comcast.net writes: Thanks so much Diane. I'll try to attend but it is looking very unlikely because I am caretaking elderly parents and certain medical issues are fluid. Regardless I support this and will try to get more involved. BTW thank you to Not Dead Yet for supporting HR 3086 which would phase out sub-minimum wages in shelterred shops... Peace with Justice, Joe Harcz ADAPT and National Federation of the Blind ----- Original Message ----- From: NDYCOLEMAN at aol.com To: lbiondi at progresscil.org ; hesparza at progresscil.org ; ambity at aol.com ; sharon.lamp at yahoo.com ; curtisharris81855 at yahoo.com ; adam.ballard1 at gmail.com ; jwichman at accessliving.org ; mgarcia at accessliving.org ; lawclerk3 at accessliving.org ; ssnance at hotmail.com ; bwilliams-boyce at accessliving.org ; kevinirvineefe at yahoo.com ; jazzbirder at ren.com ; nlcmom at comcast.net ; joeharcz at comcast.net ; LHallConsulting at gmail.com ; nlcdad at yahoo.com ; pamwgcil at sbcglobal.net ; missywgcil at sbcglobal.net ; marywgcil at sbcglobal.net ; travelroxy at aol.com ; crippower at aol.com Sent: Tuesday, June 19, 2012 4:34 PM Subject: Not Dead Yet Chicago Action Group Greetings to the Not Dead Yet Chicago Action Group! If you're getting this email, it's because you gave me your email address as someone interested in Not Dead Yet's Chicago Action scheduled for June 28 - 30, 2012. I know I don't have everyone's email address yet, so if you know of others who are interested, please let me know and I can add them to this list. We'll be communicating over the next week and a half about the action. We'll be meeting at the Hyatt Regency Ohare at 9300 Bryn Mawr Avenue. I'll get there on June 27 and let everyone know the specific spot to meet at noon, Thursday, June 28 for the first event (Greeting Dear Abby). I'm attaching an updated flyer with the address. Over the next few days, I'll send you more useful information, so please stay tuned. I believe that I know who needs a hotel room, but it would be helpful if you confirm your planned arrival and departure dates and other details. Feel free to email me at this address, or call or text me at 708-420-0539. I'm looking forward to seeing everyone! Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 18:55:38 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 14:55:38 -0400 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group References: <4E9FA0B3056847FDB491CD3331C25316@YOUR7C60552B9E> <7DCD3B7DE83F4D9795088BBD2C46B148@Reputercat> Message-ID: <18C7488159164DC5875A733E0B049A08@YOUR7C60552B9E> Again sorry. I don't know how this appened. Have a lot of traffic and guessed I goofed. My fault really...Again sorry. ----- Original Message ----- From: Joe Sontag To: NFB of Michigan Vendors List Sent: Wednesday, June 20, 2012 2:15 PM Subject: Re: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group This was sent to the list in error, right? ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Wednesday, June 20, 2012 13:40 Subject: [Vendorsmi] Fw: Not Dead Yet Chicago Action Group ----- Original Message ----- From: joe harcz Comcast To: NDYCOLEMAN at aol.com Sent: Wednesday, June 20, 2012 1:32 PM Subject: Re: Not Dead Yet Chicago Action Group Hi Diane, I am real busy but the thing is really simple. I never mind the term choice. And all Pwd along with all have the choice to end their own life at their own had for whatever reason. I have that right. Now, where I agree with NDY and all other groups on the general issue is when third parties become infvolved and actually begin to dictate or otherwise in contradictions to stated purposes (so-called choice) end of life decisions for another ad hoc. This is what is insidious and why I generally back most positions of NDY because, rionically the other positions are contrary to "choice" like Toye's position. Bottom line is I can blow my brains out if I wish. and that is sancrosanct in my mind. But, again when any third party wishes to blow my brains out then that is contrary to choice too. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 1:06 PM Subject: Re: Not Dead Yet Chicago Action Group Please feel free to fill me in on the civil libertarian objections as your time allows. I can't promise to respond in the next two weeks, but later. Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org In a message dated 6/20/2012 12:51:27 P.M. Eastern Daylight Time, joeharcz at comcast.net writes: Hi Diane, You can't send me enough accessable e-mails about anything you or NDY are doing. I can always delete anything I can't use or tdon't find relevent. Please always keep me on any distributions you send out. The more accessable information I have on anything the better. Peace with Justice, By the way you know I have some civil libertarian objections to some things with NDY but I appreciate the over all goalls and actions and the right to critique this or that. ----- Original Message ----- From: NDYCOLEMAN at aol.com To: joeharcz at comcast.net Sent: Wednesday, June 20, 2012 12:08 PM Subject: Re: Not Dead Yet Chicago Action Group Thanks for this update, Joe. Would you prefer to keep getting these emails for the next two weeks, or is your mailbox full enough? Diane Coleman, J.D. President/CEO Not Dead Yet In a message dated 6/20/2012 9:25:58 A.M. Eastern Daylight Time, joeharcz at comcast.net writes: Thanks so much Diane. I'll try to attend but it is looking very unlikely because I am caretaking elderly parents and certain medical issues are fluid. Regardless I support this and will try to get more involved. BTW thank you to Not Dead Yet for supporting HR 3086 which would phase out sub-minimum wages in shelterred shops... Peace with Justice, Joe Harcz ADAPT and National Federation of the Blind ----- Original Message ----- From: NDYCOLEMAN at aol.com To: lbiondi at progresscil.org ; hesparza at progresscil.org ; ambity at aol.com ; sharon.lamp at yahoo.com ; curtisharris81855 at yahoo.com ; adam.ballard1 at gmail.com ; jwichman at accessliving.org ; mgarcia at accessliving.org ; lawclerk3 at accessliving.org ; ssnance at hotmail.com ; bwilliams-boyce at accessliving.org ; kevinirvineefe at yahoo.com ; jazzbirder at ren.com ; nlcmom at comcast.net ; joeharcz at comcast.net ; LHallConsulting at gmail.com ; nlcdad at yahoo.com ; pamwgcil at sbcglobal.net ; missywgcil at sbcglobal.net ; marywgcil at sbcglobal.net ; travelroxy at aol.com ; crippower at aol.com Sent: Tuesday, June 19, 2012 4:34 PM Subject: Not Dead Yet Chicago Action Group Greetings to the Not Dead Yet Chicago Action Group! If you're getting this email, it's because you gave me your email address as someone interested in Not Dead Yet's Chicago Action scheduled for June 28 - 30, 2012. I know I don't have everyone's email address yet, so if you know of others who are interested, please let me know and I can add them to this list. We'll be communicating over the next week and a half about the action. We'll be meeting at the Hyatt Regency Ohare at 9300 Bryn Mawr Avenue. I'll get there on June 27 and let everyone know the specific spot to meet at noon, Thursday, June 28 for the first event (Greeting Dear Abby). I'm attaching an updated flyer with the address. Over the next few days, I'll send you more useful information, so please stay tuned. I believe that I know who needs a hotel room, but it would be helpful if you confirm your planned arrival and departure dates and other details. Feel free to email me at this address, or call or text me at 708-420-0539. I'm looking forward to seeing everyone! Diane Coleman, J.D. President/CEO Not Dead Yet 497 State Street Rochester, NY 14608 (O) 585-697-1640 (C) 708-420-0539 ndycoleman at aol.com www.notdeadyet.org ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Wed Jun 20 23:39:59 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 20 Jun 2012 19:39:59 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? Message-ID: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 23:54:16 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 19:54:16 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> Message-ID: Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 20 23:57:58 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 19:57:58 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> Message-ID: BTW I don't have anythingagainst MCVeetty and Associates. shoot they aren't waving contracts at MCB. It is the other way around. Man if Zanger et all waved money at any of us we'd be fools not to take it. Keepin my eyes on the prize. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From f.wurtzel at att.net Thu Jun 21 00:11:52 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Wed, 20 Jun 2012 20:11:52 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? In-Reply-To: References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> Message-ID: <014b01cd4f42$76cc2aa0$64647fe0$@att.net> hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. _____ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.ne t -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 00:28:30 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 20:28:30 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: How so Fred! It is documented that Zanger has had sex with subordinates which is illegal nepotism. It is also a documented fact that many in BEP staff overlooked sexual indescretions by one Thomas Kent which resulted in a #$2,000,000 ultimate settlement against MCB which is in the public record by the way. MCB's portion was attributed to the fact that that convicted pedofile was reported for sexual harrassment over and over again and then he, Thomas Kent fired those reporting him in retaliation. MCB's issues were they did nothing when these abuses were reported. Meanwhile back at the ranch this stuff has been hidden from public scrutiny illegally? And you call me out for stating the obvious? People want to sanction me for a swear word here and there while we had documented, convicted pedophiles and so forth sanctioned by the system? What a ludicrous thing this is Fred. People should be at very least ashamed at the utter hypocrasy of this stuff. Please, please, and more please don't get all outraged at the likes of me! I'm old and I'm tired and I'm not caving to nicey nicy stuff. Zanger is evil. Hull is evil. Cannon is evil. In fact sir they are documented evil! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 00:32:18 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 20:32:18 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: <29AFC615B3364027A817E1B56CF60B27@YOUR7C60552B9E> Say who is the ultimate culprit? Is it the person who violates peoples rights including sexual rights or is it the person who points out the emporer is indeed naked? What kind of pretzel logic are you using here Fred? ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 00:33:35 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 20:33:35 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: <561653E6306C4166A5146859ACF880F8@YOUR7C60552B9E> Again Fred who is over the line here? Is it me and others who document abuse or is it the abusers? Come on. What gives here? ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 00:41:02 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 20:41:02 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: <2BB30E71C02A477F964A2A4248F47145@YOUR7C60552B9E> It is more than a little over the line for people in positions of power to engage in both documented wage theft and documented neppotism and sexual pipower while on duty as Zanger has done over years in documented fashion. Talk about nepotism. She has had sex on state time with subordinates. What the heck is that? Is the guy who reports the facts the bad buy as you suggest here or is tghe peperpretrator the bad girl? Think about it. ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From f.wurtzel at att.net Thu Jun 21 00:43:18 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Wed, 20 Jun 2012 20:43:18 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? In-Reply-To: References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: <018301cd4f46$dac60d10$90522730$@att.net> hello, Ordinarily I would deal with this off list. I want others on the list to understand that at least 1 person does not agree that such allegations be part of our list. Joe, this is out of line for the NFBMI list. If it is so, then it ought to be dealt with appropriately. Turning our list int a National Enquirer is not what I feel is proper decorum for our organizational list. I recognize that we all have different standards of propriety. I have told you mine. This is the last public statement I will make on this topic. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 8:29 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? How so Fred! It is documented that Zanger has had sex with subordinates which is illegal nepotism. It is also a documented fact that many in BEP staff overlooked sexual indescretions by one Thomas Kent which resulted in a #$2,000,000 ultimate settlement against MCB which is in the public record by the way. MCB's portion was attributed to the fact that that convicted pedofile was reported for sexual harrassment over and over again and then he, Thomas Kent fired those reporting him in retaliation. MCB's issues were they did nothing when these abuses were reported. Meanwhile back at the ranch this stuff has been hidden from public scrutiny illegally? And you call me out for stating the obvious? People want to sanction me for a swear word here and there while we had documented, convicted pedophiles and so forth sanctioned by the system? What a ludicrous thing this is Fred. People should be at very least ashamed at the utter hypocrasy of this stuff. Please, please, and more please don't get all outraged at the likes of me! I'm old and I'm tired and I'm not caving to nicey nicy stuff. Zanger is evil. Hull is evil. Cannon is evil. In fact sir they are documented evil! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. _____ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.ne t _____ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.ne t -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 01:07:03 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 21:07:03 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> <018301cd4f46$dac60d10$90522730$@att.net> Message-ID: <617031C728BA48C69C00FBCC1014267F@YOUR7C60552B9E> This outragious Fred. I am one of the mos purely Libertarian typse on these lists. And I was and am a reportor with some bloody knoledge of what fact based reporting is all about! \ My God the Robin Hill case is a case in the public record! The fact is that Thomas Kent is still in prison and that too is a part of the public record. this isn't, as you suggest some sort of "National Enquirer" stuff. thuis is public officials violating rights and priveledges in law and equity over and over again and then bening maintained in positiions of ppower. By the way you sir, Fred Wertzel has some cullpibality on these issues while acting in your official capacity. I won't ignore that fact sir any longer. I just won't do so. You want to play "moral" police on me? This is literally like the age old thing of blaming the victim for a rape. Time to end it sir! Time for raping to stop! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:43 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hello, Ordinarily I would deal with this off list. I want others on the list to understand that at least 1 person does not agree that such allegations be part of our list. Joe, this is out of line for the NFBMI list. If it is so, then it ought to be dealt with appropriately. Turning our list int a National Enquirer is not what I feel is proper decorum for our organizational list. I recognize that we all have different standards of propriety. I have told you mine. This is the last public statement I will make on this topic. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 8:29 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? How so Fred! It is documented that Zanger has had sex with subordinates which is illegal nepotism. It is also a documented fact that many in BEP staff overlooked sexual indescretions by one Thomas Kent which resulted in a #$2,000,000 ultimate settlement against MCB which is in the public record by the way. MCB's portion was attributed to the fact that that convicted pedofile was reported for sexual harrassment over and over again and then he, Thomas Kent fired those reporting him in retaliation. MCB's issues were they did nothing when these abuses were reported. Meanwhile back at the ranch this stuff has been hidden from public scrutiny illegally? And you call me out for stating the obvious? People want to sanction me for a swear word here and there while we had documented, convicted pedophiles and so forth sanctioned by the system? What a ludicrous thing this is Fred. People should be at very least ashamed at the utter hypocrasy of this stuff. Please, please, and more please don't get all outraged at the likes of me! I'm old and I'm tired and I'm not caving to nicey nicy stuff. Zanger is evil. Hull is evil. Cannon is evil. In fact sir they are documented evil! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. -------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 01:14:03 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 21:14:03 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> Message-ID: <1F7C0BE0297C4EBCB458C9D3CB838CEA@YOUR7C60552B9E> Ok where am I "kover the line" here. Document yiour contention Fred! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 01:24:17 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 20 Jun 2012 21:24:17 -0400 Subject: [Vendorsmi] Training, Training, Who's Got The Training? References: <7832C011F2B0471CAD9685BF3821AA5A@Reputercat> <014b01cd4f42$76cc2aa0$64647fe0$@att.net> <018301cd4f46$dac60d10$90522730$@att.net> Message-ID: Your sense of "so-called propriety" isn't alinged with the United States Constitution or any law sir! It is your opinion and has no value beyoned that. But the ultimate hypocrasy of it all is akin to the Catholic Church sexual scandel. It is in the coverup of it all. Outragious this stuff is. Simply outragious. ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:43 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hello, Ordinarily I would deal with this off list. I want others on the list to understand that at least 1 person does not agree that such allegations be part of our list. Joe, this is out of line for the NFBMI list. If it is so, then it ought to be dealt with appropriately. Turning our list int a National Enquirer is not what I feel is proper decorum for our organizational list. I recognize that we all have different standards of propriety. I have told you mine. This is the last public statement I will make on this topic. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 8:29 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? How so Fred! It is documented that Zanger has had sex with subordinates which is illegal nepotism. It is also a documented fact that many in BEP staff overlooked sexual indescretions by one Thomas Kent which resulted in a #$2,000,000 ultimate settlement against MCB which is in the public record by the way. MCB's portion was attributed to the fact that that convicted pedofile was reported for sexual harrassment over and over again and then he, Thomas Kent fired those reporting him in retaliation. MCB's issues were they did nothing when these abuses were reported. Meanwhile back at the ranch this stuff has been hidden from public scrutiny illegally? And you call me out for stating the obvious? People want to sanction me for a swear word here and there while we had documented, convicted pedophiles and so forth sanctioned by the system? What a ludicrous thing this is Fred. People should be at very least ashamed at the utter hypocrasy of this stuff. Please, please, and more please don't get all outraged at the likes of me! I'm old and I'm tired and I'm not caving to nicey nicy stuff. Zanger is evil. Hull is evil. Cannon is evil. In fact sir they are documented evil! ----- Original Message ----- From: Fred Wurtzel To: 'NFB of Michigan Vendors List' Sent: Wednesday, June 20, 2012 8:11 PM Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? hey joe, you're a little over the line, here, in my opinion, for the NFBMI list. Best Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 7:54 PM To: Joe Sontag; NFB of Michigan Vendors List Subject: Re: [Vendorsmi] Training, Training, Who's Got The Training? Who is training the trainers? Oh Zanger can do math on her back. Hull has other positions. It's all geometry don't you know, and all we want is some simple arithmetic. I hate to get all bent out of shape here, but it is a classic case of "Pretzel Logic". Great song by the way. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Wednesday, June 20, 2012 7:39 PM Subject: [Vendorsmi] Training, Training, Who's Got The Training? I just learned from a credible source that the new operator at the Secretary of State snack bar facility has made such a strong showing that McVetti and Associates (or however it's spelled) has bee brought in at their $150.00 per hour rate to make things even better out there. Now wait, isn't this the same firm that provided the core components of the training provided to the class that this operator allegedly passed? Bingo! It should be noted that Assistant Manager Hull complained publically and privately that former trainer John McEntee was doing a poor job with the classes that he conducted and supervised. It is known that the operator in question here had failed the business math class twice prior to completing the most recent training class and it has been claimed that he was very late for a class session due to excessive partying with his friends the night before, making it necessary for Program Manager Zanger to get him out of the rack and take him out for breakfast. Under Mr. McEntee and most of the others who served before him, this would have led to expulsion from the class. All eyes are open on this one. -------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From terrydeagle at yahoo.com Thu Jun 21 16:52:29 2012 From: terrydeagle at yahoo.com (Terry Eagle) Date: Thu, 21 Jun 2012 12:52:29 -0400 Subject: [Vendorsmi] send me the inventory now! In-Reply-To: <9AA7B1E3192D4170ACF44A77EF97534C@YOUR7C60552B9E> References: <9AA7B1E3192D4170ACF44A77EF97534C@YOUR7C60552B9E> Message-ID: With regard to the equipment inventory, I find it both amusing and totally disgusting that a taxpayer-funded organization such as BEP requires a second inventory by a new and different person or entity, simply because the data from the physical inventory does not match up with the database. Does anyone really believe that repeat performance of the physical inventory is going to bring about a different result-the desired result by BEP management of match up with the database inventory? If anyone really believes that expensive concept, I, like the governor, have a taxpayer-free-funded built bridge to Canada to sell to anyone holding such belief. What actually is needed is an "independent" investigation of why and how the physical inventory of BEP equipment does not match up with not only the database inventory, but actual equipment purchases. Then, perhaps we the taxpayers can get full disclosure about not only how tax monies have been spent,but how and where the purchases were assigned or magically disappeared, so as to not match up between the physical inventory and database Inventory. Does anyone really believe such an "independent investigation" is likely to take place on the initiative of the Commission for the Blind? We are more likely to get a bridge to Canada than an "independent investigation from the Commission, LARA, or the Snyder administration. Speaking of an "independent" perspective, perhaps the state Auditor's General audit draft report released May 18th will shed some daylight sunshine on the propriety of the BEP inventory issue. You think? Oh yeah, that's right, pardon me, I guess the released draft report was to remain an unrevealed secret, since MCB Director Patrick Cannon informed the MCB Board and public last Friday, June 15th, that no Auditor General report yet exists on the BEP audit. Hmmmmmmmm, perhaps very soon, right, Mr. Cannon? I guess that secret was to remain unrevealed until accidently exposed, like the email from Assistant Attorney General Tom Warren on the legality of the Anderson bid and interview process. It appears any title that contains the word "General" translates to "classified" or "confidential". Correct, Mr. Cannon? So much for the rule of law concerning governmental transparency. Allegedly the purpose of the proposed Executive Order 2012-2 was to bring about efficiency and better services within programs serving the blind and disabled citizens of Michigan. How is work to welfare for the blind and disabled make foe more efficient program management? In my opinion, the core problem of unqualified, incompentent, corrupt management still exists. It appears to me it is simply a moving around the chairs on the deck of the sinking unsinkable ship. The only question to be answered is who will survive? The likely answer is the civil service personnel with system-issued survival "floatation" protection support. Of course, as we often learn from the post-sinking report, it will be determined that the disaster could have been avoided were it not for "human error" caused by "failure to ffollow established and prescribed practices and procedures", yet, there is no criminal or civil culpability and accountability for the negligent breach of duty by the personnel involved. Those responsible for the disaster are simply reassigned or sent off into the sunset with their abundant taxpayer-paid severance package and life-long retirement and health-care benefits. Go figure! Standard efficiency operating procedure. Terry Eagle _____ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 1:28 PM To: Patrick Cannon MCB Dir. Cc: lydia Schuck MCB Comm.; MARK CODY; Sue Luzenski MCB Admin Ass.; Joe Sibley MCBVI Pres.; James Chaney EOC; Craig McManus RSA; Hazell Brooks; nfbmi-talk at nfbnet.org; Elmer Cerano MPAS; zimmerm at michigan.gov; Vendorsmi at nfbnet.org; John Scott MCB Comm. Subject: [Vendorsmi] send me the inventory now! Request Cannon June 20, 2012 Accountability Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 E-mail: joeharcz at comcast.net Re: Equipment inventory To: Patrick D. Cannon Director, Michigan commission for the Blind (Via e-mail) Dear Mr. Cannon I'm writing to you as the Director of the Michigan commission for the Blind to remit all spreadsheets, and other data related to the MCB's Equipment Inventory that is a required and ongoing obligation of your and the BEP staff. Certainly it is your and others obligations to account to for who, what, when where and why and how or federally taxpayer funded stuff is! This isn't rocket sconce sir. It is a matter of accounting and accountability for where and how our taxpayer's monies are accounted for. You are paid in excess of $125,000 per year to in part know just where this stuff is. Your job description also requires that you ensure subordinates like Zanger and Hull and Promotional Agents know where our stuff is. Yet, no one knows where anything is apparently. Also this goes to the ggross dereliction of ongoing duties by PA, Josh Hoskins and his superiors including yourself in the loss of a $7,000 snack machine at he "Holt Rest Area" demolished or otherwise lost do to dereliction of known duties and that has not been responded to and there is no accountability for this or other actions/inactions by you, the boss. What gives here? Send me this inventory stuff in accessable format which is to send it to me as Word attachments/and/or plain text enclosures to my e-mail adress listed above pursuent to obligations under the Rehabilitation Act of which you are well aware and title II of the ADA. Do it now. Sincerely, Paul Joseph Harcz, Jr. Cc: MCB Commissioners Cc: EOC Cc: RSA Cc: Mike Zimmer, LARA Cc: MCBVI Cc: NFB MI CC: several -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 21 17:07:07 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 21 Jun 2012 13:07:07 -0400 Subject: [Vendorsmi] send me the inventory now! References: <9AA7B1E3192D4170ACF44A77EF97534C@YOUR7C60552B9E> Message-ID: <6115164F475D45E793E377BF3AD8C9B6@YOUR7C60552B9E> Amen. Amen. and More Amen. You've sited herin here Terry and documented plentiful violations of established laws over and over again. So have I. so have many. When will Michigan fire the lawbreakers? I plain don't get it here. I mean I'm left leaning to be sure. I'm for government programs. But I want them to follow established rules of law and to have basics of transparency. The higher u[p ojn the food chain things go as far as I can figure the more "FUUBR they are. Why is that? Cannon, Zanger et al should have been fred for cause long ago. ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Thursday, June 21, 2012 12:52 PM Subject: Re: [Vendorsmi] send me the inventory now! With regard to the equipment inventory, I find it both amusing and totally disgusting that a taxpayer-funded organization such as BEP requires a second inventory by a new and different person or entity, simply because the data from the physical inventory does not match up with the database. Does anyone really believe that repeat performance of the physical inventory is going to bring about a different result-the desired result by BEP management of match up with the database inventory? If anyone really believes that expensive concept, I, like the governor, have a taxpayer-free-funded built bridge to Canada to sell to anyone holding such belief. What actually is needed is an "independent" investigation of why and how the physical inventory of BEP equipment does not match up with not only the database inventory, but actual equipment purchases. Then, perhaps we the taxpayers can get full disclosure about not only how tax monies have been spent,but how and where the purchases were assigned or magically disappeared, so as to not match up between the physical inventory and database Inventory. Does anyone really believe such an "independent investigation" is likely to take place on the initiative of the Commission for the Blind? We are more likely to get a bridge to Canada than an "independent investigation from the Commission, LARA, or the Snyder administration. Speaking of an "independent" perspective, perhaps the state Auditor's General audit draft report released May 18th will shed some daylight sunshine on the propriety of the BEP inventory issue. You think? Oh yeah, that's right, pardon me, I guess the released draft report was to remain an unrevealed secret, since MCB Director Patrick Cannon informed the MCB Board and public last Friday, June 15th, that no Auditor General report yet exists on the BEP audit. Hmmmmmmmm, perhaps very soon, right, Mr. Cannon? I guess that secret was to remain unrevealed until accidently exposed, like the email from Assistant Attorney General Tom Warren on the legality of the Anderson bid and interview process. It appears any title that contains the word "General" translates to "classified" or "confidential". Correct, Mr. Cannon? So much for the rule of law concerning governmental transparency. Allegedly the purpose of the proposed Executive Order 2012-2 was to bring about efficiency and better services within programs serving the blind and disabled citizens of Michigan. How is work to welfare for the blind and disabled make foe more efficient program management? In my opinion, the core problem of unqualified, incompentent, corrupt management still exists. It appears to me it is simply a moving around the chairs on the deck of the sinking unsinkable ship. The only question to be answered is who will survive? The likely answer is the civil service personnel with system-issued survival "floatation" protection support. Of course, as we often learn from the post-sinking report, it will be determined that the disaster could have been avoided were it not for "human error" caused by "failure to ffollow established and prescribed practices and procedures", yet, there is no criminal or civil culpability and accountability for the negligent breach of duty by the personnel involved. Those responsible for the disaster are simply reassigned or sent off into the sunset with their abundant taxpayer-paid severance package and life-long retirement and health-care benefits. Go figure! Standard efficiency operating procedure. Terry Eagle ------------------------------------------------------------------------------ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 1:28 PM To: Patrick Cannon MCB Dir. Cc: lydia Schuck MCB Comm.; MARK CODY; Sue Luzenski MCB Admin Ass.; Joe Sibley MCBVI Pres.; James Chaney EOC; Craig McManus RSA; Hazell Brooks; nfbmi-talk at nfbnet.org; Elmer Cerano MPAS; zimmerm at michigan.gov; Vendorsmi at nfbnet.org; John Scott MCB Comm. Subject: [Vendorsmi] send me the inventory now! Request Cannon June 20, 2012 Accountability Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 E-mail: joeharcz at comcast.net Re: Equipment inventory To: Patrick D. Cannon Director, Michigan commission for the Blind (Via e-mail) Dear Mr. Cannon I'm writing to you as the Director of the Michigan commission for the Blind to remit all spreadsheets, and other data related to the MCB's Equipment Inventory that is a required and ongoing obligation of your and the BEP staff. Certainly it is your and others obligations to account to for who, what, when where and why and how or federally taxpayer funded stuff is! This isn't rocket sconce sir. It is a matter of accounting and accountability for where and how our taxpayer's monies are accounted for. You are paid in excess of $125,000 per year to in part know just where this stuff is. Your job description also requires that you ensure subordinates like Zanger and Hull and Promotional Agents know where our stuff is. Yet, no one knows where anything is apparently. Also this goes to the ggross dereliction of ongoing duties by PA, Josh Hoskins and his superiors including yourself in the loss of a $7,000 snack machine at he "Holt Rest Area" demolished or otherwise lost do to dereliction of known duties and that has not been responded to and there is no accountability for this or other actions/inactions by you, the boss. What gives here? Send me this inventory stuff in accessable format which is to send it to me as Word attachments/and/or plain text enclosures to my e-mail adress listed above pursuent to obligations under the Rehabilitation Act of which you are well aware and title II of the ADA. Do it now. Sincerely, Paul Joseph Harcz, Jr. Cc: MCB Commissioners Cc: EOC Cc: RSA Cc: Mike Zimmer, LARA Cc: MCBVI Cc: NFB MI CC: several ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Thu Jun 21 22:48:17 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 21 Jun 2012 18:48:17 -0400 Subject: [Vendorsmi] Fw: Update Howelll Vending Location Message-ID: <27099BEA7AC94BD1911C4214715D13F5@Reputercat> Presented as I received it. Can't help but wonder at the bypassing of the first steps in the grievance process. Whatever anybody thinks, Ms. Rothenhauser certainly has the right to due process. None of this would be happening if only there had been sound management of our program in the past five years or so. Joe Sontag ----- Original Message ----- From: Terry Eagle To: 'Joe Sontag' Sent: Thursday, June 21, 2012 13:07 Subject: FW: Update Howelll Vending Location -------------------------------------------------------------------------------- From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Thursday, June 21, 2012 9:07 AM To: cannonp at michigan.gov; zangerc at michigan.gov; hullj at michigan.gov; casey354 at comcast.net; catervend at charter.net; cherieagle at sbcglobal.net; dlayer8954 at yahoo.com; drea7139 at yahoo.com; duthiep at michigan.gov; elliottc23 at michigan.gov; elliottc2 at michigan.gov; edmondsl2 at michigan.gov; f.wurtzel at att.net; garsvend at aol.com; haynesc at michigan.gov; hoskinsj2 at michigan.gov; jendoroh at gmail.com; jiggyzee at att.net; joe.sibley at comcast.net; keathleygreg at yahoo.com; lcv61cook at gmail.com; markrothenhauser at hotmail.com; pellej at michigan.gov; president.nfb.mi at gmail.com; silvano.uy at pagcor.ph; terrydeagle at yahoo.com; wallacej1 at michigan.gov; wndmcdnld at yahoo.com; jcscot at sbcglobal.net; resolutioncomm at sbcglobal.net; rob.essennberg at yahoo.com; rob.essenberg at yahoo.com; sjx3 at sbcglobal.net; marz r; Bob L; risasteve92 at yahoo.com; risap92 at gmail.com Subject: Update Howelll Vending Location Good Morning Everyone. This is the request that was filed by the legally licensed blind operator for the Howell Vending route. Who has been operating this faculty for the last year and a half and paid set aside fees, federal, state and local taxes on $50,000 worth of income from this facility in 2012.. Have a great day, Bill > Subject: Requesting A Hearing > To: haynesc at michigan.gov > Cc: duelle at michigan.gov > Date: Monday, June 18, 2012, 11:41 AM > Dear Ms. Haynes; > > I would like to request an evidentiary hearing concerning > the michigan commission for the blind's decision on june > 15th 2012 to combine the Okemos rest area with the Howell > rest area. I am contesting the Commission broad's > decision on the fact they did not have enough information or > evidence to make a legal binding decision. I am also > contesting the authority the Commission board has to make > this type of decision. > > My resolution to this matter would be that if the two > locations are to be combine they should be combined when > either of the operators leave their existing location, > Also that both location stay the same until that time. > I am also requesting that all actions on this matter be > stopped until this hearing is fully completed > > Sincerely; > > Marlene Rothenhauser > > Operator of the Howell/Novi Vending Facility -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Fri Jun 22 10:58:33 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 22 Jun 2012 06:58:33 -0400 Subject: [Vendorsmi] Fw: Okemos rest area Message-ID: ----- Original Message ----- From: Terry Eagle To: suncat0 at gmail.com Sent: Friday, June 22, 2012 6:11 Subject: FW: Okemos rest area Hi Fred, I am pleased you brought up Risa's more-than-generous suggestion of Marlene being granted a priority bid. The truth-in-fact be known to others, that remedy would in itself reward both non-compliance on the part of Marlene, and corruption on the part of BEP management, first, for awarding Marlene the Howell facility, with full written documented knowledge of Marlene being out-of-compliance and ineliibility to be promoted and reassigned under the rules, and secondly, for selectively violating the practice of not bidding out a facility and assigning a permanent licensee to a facility, during the pendency of a grievance. This suggestion would likely not be acceptable to BEP management, since they have consistently and repeatedly opposed to the award of a priority bid, making the arguments at administrative hearings and arbitration hearings that there is no precedence for awarding priority bid, and that a priority would be inherently unfair to other licensed operators. I assure you I am not making up this fact. I have the transcripts to validate it. Do you remember the Richard Thelen disaster case? While you may recall the basic facts of Constance summarily suspending Richard's license on the basis of mere allegation of Richard smearing feces on a rest room wall and urinating on the floor, then instead of Constance commencing an administrative hearing on the matter as required by BEP rules and APA law, she forced Richard to file for and have an administrative review, at which Constance illegally participated since Constance had taken the action of suspending Richard's license, and which Constance reinstated Richard's license; saying he could not return to his licensed facility, and would be placed on the potential list, without a priority bid, to bid on available facilities. Constance stated this reinstatement was done because the mere allegations could not be verified or substantiated. Constance had also bid out and assigned another operator to Richard's facility, under the guise of protecting the future of the BEP site. Even the EOC did not support Richard, and defended Constance's action, as Rob Essenberg stated the action to protect the future of the site was more important. The mere allegations against Richard even received negative press by the likes of MIRS. Fast forwarding to the ultimate outcome after an administrative hearing, final agency decision, and arbitration hearing. The MCB Board decided, and the arbitration panel concurred that despite the horrible injustice done to Richard because of Constance's action, Richard should be compensated only for the weeks his license was suspended, and the cost of location-specific printed materials Richard had purchased. The final agency decision even had a requirement attached to the payment, that Richard first reenter the BEP by accepting a facility, before the payment would mmade. So much for the prohibition against involuntary servitude under the U.S. Constitution. I simply point the Richard Thelen facts and outcome of compensation as a way of gauging an appropriate possible remedy resolution for Marlene. Remember, Richard had absolutely no culpability in the injustice forced upon him by corruption and failure by Constance to follow the rules and law. Richard was also in compliance and good standing throughout the dispictable ordeal. That remedy outcome rewarded corruption and total injustice on the part of Constance, with absolutely no negative consequence or impact to Constance, while destroying Richard's reputation and livelihood and retirement benefits. In fact, Constance was further rewarded by a promotion, if even temporary. I guess the U.S. Army saying among the ranks, "F up to move up", extends and is applied to certain parts and persons in state civil service. I say this as Constances's and James' action of failure to follow the rules and laws are ongoing, repeated over and over, with similar outcomes-the BEP operator getting screwed, and absolutely no negative consequence to the law-breaker. When is someone in state government with integrity going to have the courage to stand up and put a stop to such injustice? That point may have come when Lydia spoke up and said such has to stop somewhere or sometime, and it might as well be now, and John and Larry whole-heartedly agreed. With respect to a remedy for Marlene, she too is not without culpability, as she certainly was fully aware that she was out-of-compliance and ineligible to bid and promote at the time she bid on Howell, when it was offered to her and she accepted, and at the point of transfer, there was and remained a status of non-compliance. Given those facts, Marlene holds a legally voidable license for cause because of her knowledge at the time of the grant of the license. That concept and conclusion is derived from contract law, along with a doctrine called unjust enrichment also attaches, which, if her stated income of $50,000 from Howell in 2011 is correct and verified, then because of Marlene's culpability, she was not entitled to neither the difference between her income at the Romney Building, from where she illegally was promoted, and what her income is at Howell, nor is she entitled to the 401k benefit derived, for the difference between Romney and Howell. This translates to an unjust enrichment and reward for her participation and culpability in an illegal act. The concept was false pretense could also be in play. Since Bill made a reference to a lawsuit for compensation, I also consider an action in negligence. Under this legal theory, there is a doctrine of contributory negligence, which basically means that the defendant seeks to assign proportional percentage negligent responsibility liability among the parties. The plaintiff must accept responsibility for their role, and their compensation recovery, if any, is reduced by their assigned percentage of fault There is also a defense that can be asserted called assumption of the risk. This is where a plaintiff takes an action fully aware of the risk attached to that action taken, and must take legal responsibility for undertaking the known risky action. With regard to Marlene's action, the facts show that she undertook a promotion transfer with full knowledge that it was illegal, and she assumed the risk of such action being discovered and acted upon to be corrected. A finding of assumption of the risk would kill any recovery. Therefore, based on the facts and equities involved, Marlene should be placed on the potential list, just as was done in the Thelen case, to bid on available facilities, without a priority bid, and with or without adjustment recovery for her unjust enrichment. I know this would not set well with many, however, since the failure to follow the rules and law, by BEP management and licensees alike,must stop, it may seem harsh, however it is time to stop the illegal games and actions that are harming the BEP all-around in time, energy, resources, and cohesiveness. It will also send a resounding and clear message to all that the time of favoritism games and illegal actions has stopped, and will no lonher be tolerated. And the time has arrived to stop rewarding such illegal games and actions in any manner. That includes taking disciplinary action against state employees engaged in such acts. -------------------------------------------------------------------------------- Respectfully, Terry -------------------------------------------------------------------------------- From: Fred Wurtzel [mailto:f.wurtzel at att.net] Sent: Thursday, June 21, 2012 2:52 PM To: terrydeagle at yahoo.com; 'Bill Lozier' Cc: risasteve92 at yahoo.com; 'andrea nelson'; suncat0 at gmail.com Subject: RE: Okemos rest area Hi Terry, You have stated the issue perfectly. I must again point out that Risa, months ago, included a remedy in her hearing request to gain a priority bid for Marlene. Admittedly, this is not a perfect compensation, but, Risa is not in a position to do anything else. Operators are put into a position that if they get justice, someone els is treated unjustly. Your point about following the rules and the law would have avoided this awful problem. Warmest Regards, Fred From: Terry Eagle [mailto:terrydeagle at yahoo.com] Sent: Thursday, June 21, 2012 2:15 PM To: 'Fred Wurtzel'; 'Bill Lozier' Cc: risasteve92 at yahoo.com; 'andrea nelson'; suncat0 at gmail.com Subject: RE: Okemos rest area Hi All, I would like to say that this NOT about one operator agains another operator.It is solely about a corrupt system and individuals that flat out refuse to "follow the BEP administrative rules and law, both management and licensees alike. If the rule of law was consistently and uniformly applied and followed, it would remove all favoritism and retaliation toward any license or applicant for license, totally avoiding the appearance of operator against operator conflict, which is totally absent here. If everyone knew or were willing to own up to the facts of his case, it would quickly resolved in accordance with the rules as they were to have been applied. Much responsibility can be assessed at the feet of srveral persons, for why this has ben alloed to spin-out-of-control to this point. However what is needed is to step back in time, and based on the facts of the case, simply resolve it based on the rules that should have been applied. It is NEVER too late to do what is right and just under the rule of law. As was emphasized by the MCB Voard is that failure to follow the rules and law has to STOP at some point. Given the facts of this case, it is the perfect time to begin follow the rules and law, without harm or unjust enrichment being applied. Respectfully, Terry Eagle -------------------------------------------------------------------------------- From: Fred Wurtzel [mailto:f.wurtzel at att.net] Sent: Wednesday, June 20, 2012 11:18 PM To: 'Bill Lozier' Cc: risasteve92 at yahoo.com; andrea nelson; Terry Eagle; suncat0 at gmail.com Subject: RE: Okemos rest area Hey Bill, Perfect! Exactly the point. how can we work together on these things? I'm on board. I just know fighting with each other will only keep the money away. Cooperating will bring it in. Warmest Regards, Fred From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 11:04 PM To: f.wurtzel at att.net Subject: RE: Okemos rest area Hi Fred, We need to be in control of our own money. We need to quit blaming others for our problems. We need to focus on the future. we need money, money money. You know the restraints they put on BEP staff. We need our own lobbyist, we need our own PR firm to lobby state employee to use our locations. You know the SLA can not do that. We need to form our own SLA and get rid of the state SLA. We need money money and more money. We need a plan forward and to stop fighting all these battles of the past. Just a few quick thoughts. We need some positive forward thinking brain storming Thanks, Bill p.s. have a good night please give my highest regards to Mary -------------------------------------------------------------------------------- From: f.wurtzel at att.net To: flingem at hotmail.com CC: risasteve92 at yahoo.com; drea7139 at yahoo.com; suncat0 at gmail.com Subject: RE: Okemos rest area Date: Wed, 20 Jun 2012 22:36:07 -0400 Hi Bill, Again, I say that Marlene was not even involved when this started. It has nothing to do with her, except she is the victim. When will operators begin to see the benefit of working together to create a well-run system and quit attacking one another, the very people who can be the best of help? Anyway, I wanted to show a different perspective. I don't see much advantage for operators to attack one another, but I guess if that is what is wanted, so it will be. In the meantime, operators continue to get less than they deserve. MCB is not even spending anywhere near the budget available. The training is not up to par. And still operators fight among themselves with no net gain for anyone. Why? Best Regards, Fred From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 9:52 PM To: f.wurtzel at att.net Subject: RE: Okemos rest area Hi Fred, The SLA transitioned risa in to okemos, they gave her vending in Jackson state office building , to cover any loses because of holt. The SLA did their JOB, no judge will deny that. I want this case closed and it just about is. What judge their right mind will ever rule in favor of this. It is my opinion the judge ruled against risa. and said move on to you new location and be happy. I heard absolutely no evidence saying other wise. Until you can prove this your case dose not hold water. You and I have been through these battles before about combining locations. Everything I said way back when was true and his been proven out over time. you expect marlene to give up $50,000 a year to someone who is making more then that? What was the original wording of the grievance Risa filled? Was she trying to take okemos from Mike Constintinne when she started all of this? i know what she wanted, but why should she get it. and how did Holt come into it? these are simple questions the Board should ask? or was the fix in? a can of worms Fred, that what we have here. Thanks Bill -------------------------------------------------------------------------------- From: f.wurtzel at att.net To: flingem at hotmail.com Subject: RE: Okemos rest area Date: Wed, 20 Jun 2012 20:35:00 -0400 Hello Bill, I understand your feelings on this. Unfortunately, you you are attacking the victim. Risa had requested the 2 sites to be combined before the bid was awarded. The agency purposely awardedthe facility while it was being contested which put everyone in a bind. The same thing happened with the Grayling facility. If the case would have been allowed to be processed through the system the problem would have been avoided. I think it needs to be said that Risa has asked, as a remedy for Marlene to get a priority bid. She did this almost a year ago, not in response to this situation. I think you are doing the right thing to try to assist marlene. You are pointing at the wrong target. Risa did not cause this problem. How can we all look at this for what it is, one operator being pitted against another. That is not the way to process this issue. Operators need to come together to try to remedy this, as painful as it will be in the short term. For the long term the EOC needs to work to see that if there is a grievance that the bidding is suspended until the conflict is resolved. Marlene is not a bad person, Risa is not a bad person, you are not a bad person for defending Marlene, Terry is not a bad person for defending Risa. The system has a due process process to deal with disagreements. It is good to use it to do so. From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 5:15 PM To: president.nfb.mi at gmail.com; cannonp at michigan.gov; zangerc at michigan.gov; hullj at michigan.gov; casey354 at comcast.net; catervend at charter.net; cherieagle at sbcglobal.net; dlayer8954 at yahoo.com; drea7139 at yahoo.com; duthiep at michigan.gov; elliottc23 at michigan.gov; elliottc2 at michigan.gov; edmondsl2 at michigan.gov; f.wurtzel at att.net; garsvend at aol.com; haynesc at michigan.gov; hoskinsj2 at michigan.gov; jendoroh at gmail.com; jiggyzee at att.net; joe.sibley at comcast.net; keathleygreg at yahoo.com; lcv61cook at gmail.com; markrothenhauser at hotmail.com; pellej at michigan.gov; silvano.uy at pagcor.ph; terrydeagle at yahoo.com; wallacej1 at michigan.gov; wndmcdnld at yahoo.com; jcscot at sbcglobal.net; resolutioncomm at sbcglobal.net; rob.essennberg at yahoo.com; rob.essenberg at yahoo.com; sjx3 at sbcglobal.net; marz r; Bob L; risasteve92 at yahoo.com; risap92 at gmail.com Subject: Okemos rest area Good afternoon Larry, With all due respect Larry these are not 2 small locations. If Okemos is a small satellite location why did Risa patrick langtree promote into it? and try to get her old location added on to it? Please read my emails. In this case Okemos did $150.000 in sales for 2012. The howell rest area did $120,000.00 These are facts. take the time to check it out My i remind you will be the ones that have to take Marlene's license for absolutely no reason or fault of her own. She will be filling for hearings and and will be the one to bring the law suit you are worried about. Risa new all the facts when she took the Okemos rest area being remolded. She was originally was petitioning for the howell site to be improved, not personal reciprocity. Not to be awarded anything personally only to improve her site at that time. Shame on you Fed Wertzel!!!! if she had promoted into our location in the UP would she still be get Okemos? She has Okemos, how can she be rewarded Okemos? that is why the agency never acted. Sincerely Bill Lozier please please pass this along to all commissioners we are defensibly appealing any board action that revokes Marlene Rothenhousers license for any reason!!!!! -------------- next part -------------- An HTML attachment was scrubbed... URL: From terrydeagle at yahoo.com Fri Jun 22 11:45:02 2012 From: terrydeagle at yahoo.com (Terry Eagle) Date: Fri, 22 Jun 2012 07:45:02 -0400 Subject: [Vendorsmi] Fw: Update Howelll Vending Location In-Reply-To: <27099BEA7AC94BD1911C4214715D13F5@Reputercat> References: <27099BEA7AC94BD1911C4214715D13F5@Reputercat> Message-ID: <09785791EF494E6F92D346E3CF84A12E@TerryPC> Actually, were there to have been any action taken against Marlene's license, according to the BEP rules, Marlene would have a direct route to a full evidentiary hearing, by the SLA BEP "commencing proceedings" with a notice of hearing. However, to the best of my knowledge, information, and belief, there has been no action taken against Marlene, that would allow for a direct hearing. >From what I have seen, Marlene appears to be challenging the MCB Board's legal authority and power to render a final agency decision, from an ALJ recommended dicision. But such a challenge does not qualify for a direct hearing, without first holding an administrative review, after presenting her grievance first to her promotional agent. Since Marlene was advise by BEP management on Monday, I can only speculate that perhaps they are attempting to subvert the administrative review. For once it appears that they have come around to my long-held position that an administrative review is permissive or optional by a licensee with a grievance. I have had several discussions with BEP management, as well as Rob Essenberg at an Ad Hoc meeting, where they all insist and agree that an administrative review is mandatory in the grievance process. It appears to me they are attempting to execute the reverse option play they used in the Richard Thelen case, whereby they took action to suspend Thelen's license, and instead of commencing proceedings with a hearing, they forced Richard to file for and have an administrative review. Go figure! Terry Eagle -----Original Message----- From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Thursday, June 21, 2012 6:48 PM To: VENDORSMI List Subject: [Vendorsmi] Fw: Update Howelll Vending Location Presented as I received it. Can't help but wonder at the bypassing of the first steps in the grievance process. Whatever anybody thinks, Ms. Rothenhauser certainly has the right to due process. None of this would be happening if only there had been sound management of our program in the past five years or so. Joe Sontag ----- Original Message ----- From: Terry Eagle To: 'Joe Sontag' Sent: Thursday, June 21, 2012 13:07 Subject: FW: Update Howelll Vending Location ________________________________ From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Thursday, June 21, 2012 9:07 AM To: cannonp at michigan.gov; zangerc at michigan.gov; hullj at michigan.gov; casey354 at comcast.net; catervend at charter.net; cherieagle at sbcglobal.net; dlayer8954 at yahoo.com; drea7139 at yahoo.com; duthiep at michigan.gov; elliottc23 at michigan.gov; elliottc2 at michigan.gov; edmondsl2 at michigan.gov; f.wurtzel at att.net; garsvend at aol.com; haynesc at michigan.gov; hoskinsj2 at michigan.gov; jendoroh at gmail.com; jiggyzee at att.net; joe.sibley at comcast.net; keathleygreg at yahoo.com; lcv61cook at gmail.com; markrothenhauser at hotmail.com; pellej at michigan.gov; president.nfb.mi at gmail.com; silvano.uy at pagcor.ph; terrydeagle at yahoo.com; wallacej1 at michigan.gov; wndmcdnld at yahoo.com; jcscot at sbcglobal.net; resolutioncomm at sbcglobal.net; rob.essennberg at yahoo.com; rob.essenberg at yahoo.com; sjx3 at sbcglobal.net; marz r; Bob L; risasteve92 at yahoo.com; risap92 at gmail.com Subject: Update Howelll Vending Location Good Morning Everyone. This is the request that was filed by the legally licensed blind operator for the Howell Vending route. Who has been operating this faculty for the last year and a half and paid set aside fees, federal, state and local taxes on $50,000 worth of income from this facility in 2012.. Have a great day, Bill > Subject: Requesting A Hearing > To: haynesc at michigan.gov > Cc: duelle at michigan.gov > Date: Monday, June 18, 2012, 11:41 AM > Dear Ms. Haynes; > > I would like to request an evidentiary hearing concerning > the michigan commission for the blind's decision on june > 15th 2012 to combine the Okemos rest area with the Howell > rest area. I am contesting the Commission broad's > decision on the fact they did not have enough information or > evidence to make a legal binding decision. I am also > contesting the authority the Commission board has to make > this type of decision. > > My resolution to this matter would be that if the two > locations are to be combine they should be combined when > either of the operators leave their existing location, > Also that both location stay the same until that time. > I am also requesting that all actions on this matter be > stopped until this hearing is fully completed > > Sincerely; > > Marlene Rothenhauser > > Operator of the Howell/Novi Vending Facility From f.wurtzel at att.net Fri Jun 22 14:42:23 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Fri, 22 Jun 2012 10:42:23 -0400 Subject: [Vendorsmi] Fw: Okemos rest area In-Reply-To: References: Message-ID: <03f001cd5085$3d789ec0$b869dc40$@att.net> Hi Terry, For my part, and Risa's I hope, I hope to not make this an Operator on operator thing. We, in my opinion, will do better when operators recognize their mutual benefit for working together. The agency made these mistakes and the agency needs to take responsibility for making all parties whole. The wholeness determination is between the agency and the individual operators to resolve. My goal is to support a move toward operator unity, to whatever extent that can be achieved, though the history is not real promising. At least, we ought to not make it worse, if possible. Until the MCB is appropriately administered, these issues will continue. The law and rules are our best help in mending this broken system. Warmest Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Friday, June 22, 2012 6:59 AM To: VENDORSMI List Subject: [Vendorsmi] Fw: Okemos rest area ----- Original Message ----- From: Terry Eagle To: suncat0 at gmail.com Sent: Friday, June 22, 2012 6:11 Subject: FW: Okemos rest area Hi Fred, I am pleased you brought up Risa's more-than-generous suggestion of Marlene being granted a priority bid. The truth-in-fact be known to others, that remedy would in itself reward both non-compliance on the part of Marlene, and corruption on the part of BEP management, first, for awarding Marlene the Howell facility, with full written documented knowledge of Marlene being out-of-compliance and ineliibility to be promoted and reassigned under the rules, and secondly, for selectively violating the practice of not bidding out a facility and assigning a permanent licensee to a facility, during the pendency of a grievance. This suggestion would likely not be acceptable to BEP management, since they have consistently and repeatedly opposed to the award of a priority bid, making the arguments at administrative hearings and arbitration hearings that there is no precedence for awarding priority bid, and that a priority would be inherently unfair to other licensed operators. I assure you I am not making up this fact. I have the transcripts to validate it. Do you remember the Richard Thelen disaster case? While you may recall the basic facts of Constance summarily suspending Richard's license on the basis of mere allegation of Richard smearing feces on a rest room wall and urinating on the floor, then instead of Constance commencing an administrative hearing on the matter as required by BEP rules and APA law, she forced Richard to file for and have an administrative review, at which Constance illegally participated since Constance had taken the action of suspending Richard's license, and which Constance reinstated Richard's license; saying he could not return to his licensed facility, and would be placed on the potential list, without a priority bid, to bid on available facilities. Constance stated this reinstatement was done because the mere allegations could not be verified or substantiated. Constance had also bid out and assigned another operator to Richard's facility, under the guise of protecting the future of the BEP site. Even the EOC did not support Richard, and defended Constance's action, as Rob Essenberg stated the action to protect the future of the site was more important. The mere allegations against Richard even received negative press by the likes of MIRS. Fast forwarding to the ultimate outcome after an administrative hearing, final agency decision, and arbitration hearing. The MCB Board decided, and the arbitration panel concurred that despite the horrible injustice done to Richard because of Constance's action, Richard should be compensated only for the weeks his license was suspended, and the cost of location-specific printed materials Richard had purchased. The final agency decision even had a requirement attached to the payment, that Richard first reenter the BEP by accepting a facility, before the payment would mmade. So much for the prohibition against involuntary servitude under the U.S. Constitution. I simply point the Richard Thelen facts and outcome of compensation as a way of gauging an appropriate possible remedy resolution for Marlene. Remember, Richard had absolutely no culpability in the injustice forced upon him by corruption and failure by Constance to follow the rules and law. Richard was also in compliance and good standing throughout the dispictable ordeal. That remedy outcome rewarded corruption and total injustice on the part of Constance, with absolutely no negative consequence or impact to Constance, while destroying Richard's reputation and livelihood and retirement benefits. In fact, Constance was further rewarded by a promotion, if even temporary. I guess the U.S. Army saying among the ranks, "F up to move up", extends and is applied to certain parts and persons in state civil service. I say this as Constances's and James' action of failure to follow the rules and laws are ongoing, repeated over and over, with similar outcomes-the BEP operator getting screwed, and absolutely no negative consequence to the law-breaker. When is someone in state government with integrity going to have the courage to stand up and put a stop to such injustice? That point may have come when Lydia spoke up and said such has to stop somewhere or sometime, and it might as well be now, and John and Larry whole-heartedly agreed. With respect to a remedy for Marlene, she too is not without culpability, as she certainly was fully aware that she was out-of-compliance and ineligible to bid and promote at the time she bid on Howell, when it was offered to her and she accepted, and at the point of transfer, there was and remained a status of non-compliance. Given those facts, Marlene holds a legally voidable license for cause because of her knowledge at the time of the grant of the license. That concept and conclusion is derived from contract law, along with a doctrine called unjust enrichment also attaches, which, if her stated income of $50,000 from Howell in 2011 is correct and verified, then because of Marlene's culpability, she was not entitled to neither the difference between her income at the Romney Building, from where she illegally was promoted, and what her income is at Howell, nor is she entitled to the 401k benefit derived, for the difference between Romney and Howell. This translates to an unjust enrichment and reward for her participation and culpability in an illegal act. The concept was false pretense could also be in play. Since Bill made a reference to a lawsuit for compensation, I also consider an action in negligence. Under this legal theory, there is a doctrine of contributory negligence, which basically means that the defendant seeks to assign proportional percentage negligent responsibility liability among the parties. The plaintiff must accept responsibility for their role, and their compensation recovery, if any, is reduced by their assigned percentage of fault There is also a defense that can be asserted called assumption of the risk. This is where a plaintiff takes an action fully aware of the risk attached to that action taken, and must take legal responsibility for undertaking the known risky action. With regard to Marlene's action, the facts show that she undertook a promotion transfer with full knowledge that it was illegal, and she assumed the risk of such action being discovered and acted upon to be corrected. A finding of assumption of the risk would kill any recovery. Therefore, based on the facts and equities involved, Marlene should be placed on the potential list, just as was done in the Thelen case, to bid on available facilities, without a priority bid, and with or without adjustment recovery for her unjust enrichment. I know this would not set well with many, however, since the failure to follow the rules and law, by BEP management and licensees alike,must stop, it may seem harsh, however it is time to stop the illegal games and actions that are harming the BEP all-around in time, energy, resources, and cohesiveness. It will also send a resounding and clear message to all that the time of favoritism games and illegal actions has stopped, and will no lonher be tolerated. And the time has arrived to stop rewarding such illegal games and actions in any manner. That includes taking disciplinary action against state employees engaged in such acts. _____ Respectfully, Terry _____ From: Fred Wurtzel [mailto:f.wurtzel at att.net] Sent: Thursday, June 21, 2012 2:52 PM To: terrydeagle at yahoo.com; 'Bill Lozier' Cc: risasteve92 at yahoo.com; 'andrea nelson'; suncat0 at gmail.com Subject: RE: Okemos rest area Hi Terry, You have stated the issue perfectly. I must again point out that Risa, months ago, included a remedy in her hearing request to gain a priority bid for Marlene. Admittedly, this is not a perfect compensation, but, Risa is not in a position to do anything else. Operators are put into a position that if they get justice, someone els is treated unjustly. Your point about following the rules and the law would have avoided this awful problem. Warmest Regards, Fred From: Terry Eagle [mailto:terrydeagle at yahoo.com] Sent: Thursday, June 21, 2012 2:15 PM To: 'Fred Wurtzel'; 'Bill Lozier' Cc: risasteve92 at yahoo.com; 'andrea nelson'; suncat0 at gmail.com Subject: RE: Okemos rest area Hi All, I would like to say that this NOT about one operator agains another operator.It is solely about a corrupt system and individuals that flat out refuse to "follow the BEP administrative rules and law, both management and licensees alike. If the rule of law was consistently and uniformly applied and followed, it would remove all favoritism and retaliation toward any license or applicant for license, totally avoiding the appearance of operator against operator conflict, which is totally absent here. If everyone knew or were willing to own up to the facts of his case, it would quickly resolved in accordance with the rules as they were to have been applied. Much responsibility can be assessed at the feet of srveral persons, for why this has ben alloed to spin-out-of-control to this point. However what is needed is to step back in time, and based on the facts of the case, simply resolve it based on the rules that should have been applied. It is NEVER too late to do what is right and just under the rule of law. As was emphasized by the MCB Voard is that failure to follow the rules and law has to STOP at some point. Given the facts of this case, it is the perfect time to begin follow the rules and law, without harm or unjust enrichment being applied. Respectfully, Terry Eagle _____ From: Fred Wurtzel [mailto:f.wurtzel at att.net] Sent: Wednesday, June 20, 2012 11:18 PM To: 'Bill Lozier' Cc: risasteve92 at yahoo.com; andrea nelson; Terry Eagle; suncat0 at gmail.com Subject: RE: Okemos rest area Hey Bill, Perfect! Exactly the point. how can we work together on these things? I'm on board. I just know fighting with each other will only keep the money away. Cooperating will bring it in. Warmest Regards, Fred From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 11:04 PM To: f.wurtzel at att.net Subject: RE: Okemos rest area Hi Fred, We need to be in control of our own money. We need to quit blaming others for our problems. We need to focus on the future. we need money, money money. You know the restraints they put on BEP staff. We need our own lobbyist, we need our own PR firm to lobby state employee to use our locations. You know the SLA can not do that. We need to form our own SLA and get rid of the state SLA. We need money money and more money. We need a plan forward and to stop fighting all these battles of the past. Just a few quick thoughts. We need some positive forward thinking brain storming Thanks, Bill p.s. have a good night please give my highest regards to Mary _____ From: f.wurtzel at att.net To: flingem at hotmail.com CC: risasteve92 at yahoo.com; drea7139 at yahoo.com; suncat0 at gmail.com Subject: RE: Okemos rest area Date: Wed, 20 Jun 2012 22:36:07 -0400 Hi Bill, Again, I say that Marlene was not even involved when this started. It has nothing to do with her, except she is the victim. When will operators begin to see the benefit of working together to create a well-run system and quit attacking one another, the very people who can be the best of help? Anyway, I wanted to show a different perspective. I don't see much advantage for operators to attack one another, but I guess if that is what is wanted, so it will be. In the meantime, operators continue to get less than they deserve. MCB is not even spending anywhere near the budget available. The training is not up to par. And still operators fight among themselves with no net gain for anyone. Why? Best Regards, Fred From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 9:52 PM To: f.wurtzel at att.net Subject: RE: Okemos rest area Hi Fred, The SLA transitioned risa in to okemos, they gave her vending in Jackson state office building , to cover any loses because of holt. The SLA did their JOB, no judge will deny that. I want this case closed and it just about is. What judge their right mind will ever rule in favor of this. It is my opinion the judge ruled against risa. and said move on to you new location and be happy. I heard absolutely no evidence saying other wise. Until you can prove this your case dose not hold water. You and I have been through these battles before about combining locations. Everything I said way back when was true and his been proven out over time. you expect marlene to give up $50,000 a year to someone who is making more then that? What was the original wording of the grievance Risa filled? Was she trying to take okemos from Mike Constintinne when she started all of this? i know what she wanted, but why should she get it. and how did Holt come into it? these are simple questions the Board should ask? or was the fix in? a can of worms Fred, that what we have here. Thanks Bill _____ From: f.wurtzel at att.net To: flingem at hotmail.com Subject: RE: Okemos rest area Date: Wed, 20 Jun 2012 20:35:00 -0400 Hello Bill, I understand your feelings on this. Unfortunately, you you are attacking the victim. Risa had requested the 2 sites to be combined before the bid was awarded. The agency purposely awardedthe facility while it was being contested which put everyone in a bind. The same thing happened with the Grayling facility. If the case would have been allowed to be processed through the system the problem would have been avoided. I think it needs to be said that Risa has asked, as a remedy for Marlene to get a priority bid. She did this almost a year ago, not in response to this situation. I think you are doing the right thing to try to assist marlene. You are pointing at the wrong target. Risa did not cause this problem. How can we all look at this for what it is, one operator being pitted against another. That is not the way to process this issue. Operators need to come together to try to remedy this, as painful as it will be in the short term. For the long term the EOC needs to work to see that if there is a grievance that the bidding is suspended until the conflict is resolved. Marlene is not a bad person, Risa is not a bad person, you are not a bad person for defending Marlene, Terry is not a bad person for defending Risa. The system has a due process process to deal with disagreements. It is good to use it to do so. From: Bill Lozier [mailto:flingem at hotmail.com] Sent: Wednesday, June 20, 2012 5:15 PM To: president.nfb.mi at gmail.com; cannonp at michigan.gov; zangerc at michigan.gov; hullj at michigan.gov; casey354 at comcast.net; catervend at charter.net; cherieagle at sbcglobal.net; dlayer8954 at yahoo.com; drea7139 at yahoo.com; duthiep at michigan.gov; elliottc23 at michigan.gov; elliottc2 at michigan.gov; edmondsl2 at michigan.gov; f.wurtzel at att.net; garsvend at aol.com; haynesc at michigan.gov; hoskinsj2 at michigan.gov; jendoroh at gmail.com; jiggyzee at att.net; joe.sibley at comcast.net; keathleygreg at yahoo.com; lcv61cook at gmail.com; markrothenhauser at hotmail.com; pellej at michigan.gov; silvano.uy at pagcor.ph; terrydeagle at yahoo.com; wallacej1 at michigan.gov; wndmcdnld at yahoo.com; jcscot at sbcglobal.net; resolutioncomm at sbcglobal.net; rob.essennberg at yahoo.com; rob.essenberg at yahoo.com; sjx3 at sbcglobal.net; marz r; Bob L; risasteve92 at yahoo.com; risap92 at gmail.com Subject: Okemos rest area Good afternoon Larry, With all due respect Larry these are not 2 small locations. If Okemos is a small satellite location why did Risa patrick langtree promote into it? and try to get her old location added on to it? Please read my emails. In this case Okemos did $150.000 in sales for 2012. The howell rest area did $120,000.00 These are facts. take the time to check it out My i remind you will be the ones that have to take Marlene's license for absolutely no reason or fault of her own. She will be filling for hearings and and will be the one to bring the law suit you are worried about. Risa new all the facts when she took the Okemos rest area being remolded. She was originally was petitioning for the howell site to be improved, not personal reciprocity. Not to be awarded anything personally only to improve her site at that time. Shame on you Fed Wertzel!!!! if she had promoted into our location in the UP would she still be get Okemos? She has Okemos, how can she be rewarded Okemos? that is why the agency never acted. Sincerely Bill Lozier please please pass this along to all commissioners we are defensibly appealing any board action that revokes Marlene Rothenhousers license for any reason!!!!! -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Fri Jun 22 15:05:28 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 22 Jun 2012 11:05:28 -0400 Subject: [Vendorsmi] send me the inventory now! References: <9AA7B1E3192D4170ACF44A77EF97534C@YOUR7C60552B9E> Message-ID: <48DA43CFDD414E67A9306D8200E0F79C@YOUR7C60552B9E> We have millions of VR funds plowed in to facilities and sites. II just can't get my mind around the fact tthat there is no true accointing going on let alone accountability. How many machines, etc. have been lost or destroyed do to derelictions of duties by BEP staff? Joe ----- Original Message ----- From: Terry Eagle To: 'NFB of Michigan Vendors List' Sent: Thursday, June 21, 2012 12:52 PM Subject: Re: [Vendorsmi] send me the inventory now! With regard to the equipment inventory, I find it both amusing and totally disgusting that a taxpayer-funded organization such as BEP requires a second inventory by a new and different person or entity, simply because the data from the physical inventory does not match up with the database. Does anyone really believe that repeat performance of the physical inventory is going to bring about a different result-the desired result by BEP management of match up with the database inventory? If anyone really believes that expensive concept, I, like the governor, have a taxpayer-free-funded built bridge to Canada to sell to anyone holding such belief. What actually is needed is an "independent" investigation of why and how the physical inventory of BEP equipment does not match up with not only the database inventory, but actual equipment purchases. Then, perhaps we the taxpayers can get full disclosure about not only how tax monies have been spent,but how and where the purchases were assigned or magically disappeared, so as to not match up between the physical inventory and database Inventory. Does anyone really believe such an "independent investigation" is likely to take place on the initiative of the Commission for the Blind? We are more likely to get a bridge to Canada than an "independent investigation from the Commission, LARA, or the Snyder administration. Speaking of an "independent" perspective, perhaps the state Auditor's General audit draft report released May 18th will shed some daylight sunshine on the propriety of the BEP inventory issue. You think? Oh yeah, that's right, pardon me, I guess the released draft report was to remain an unrevealed secret, since MCB Director Patrick Cannon informed the MCB Board and public last Friday, June 15th, that no Auditor General report yet exists on the BEP audit. Hmmmmmmmm, perhaps very soon, right, Mr. Cannon? I guess that secret was to remain unrevealed until accidently exposed, like the email from Assistant Attorney General Tom Warren on the legality of the Anderson bid and interview process. It appears any title that contains the word "General" translates to "classified" or "confidential". Correct, Mr. Cannon? So much for the rule of law concerning governmental transparency. Allegedly the purpose of the proposed Executive Order 2012-2 was to bring about efficiency and better services within programs serving the blind and disabled citizens of Michigan. How is work to welfare for the blind and disabled make foe more efficient program management? In my opinion, the core problem of unqualified, incompentent, corrupt management still exists. It appears to me it is simply a moving around the chairs on the deck of the sinking unsinkable ship. The only question to be answered is who will survive? The likely answer is the civil service personnel with system-issued survival "floatation" protection support. Of course, as we often learn from the post-sinking report, it will be determined that the disaster could have been avoided were it not for "human error" caused by "failure to ffollow established and prescribed practices and procedures", yet, there is no criminal or civil culpability and accountability for the negligent breach of duty by the personnel involved. Those responsible for the disaster are simply reassigned or sent off into the sunset with their abundant taxpayer-paid severance package and life-long retirement and health-care benefits. Go figure! Standard efficiency operating procedure. Terry Eagle ------------------------------------------------------------------------------ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of joe harcz Comcast Sent: Wednesday, June 20, 2012 1:28 PM To: Patrick Cannon MCB Dir. Cc: lydia Schuck MCB Comm.; MARK CODY; Sue Luzenski MCB Admin Ass.; Joe Sibley MCBVI Pres.; James Chaney EOC; Craig McManus RSA; Hazell Brooks; nfbmi-talk at nfbnet.org; Elmer Cerano MPAS; zimmerm at michigan.gov; Vendorsmi at nfbnet.org; John Scott MCB Comm. Subject: [Vendorsmi] send me the inventory now! Request Cannon June 20, 2012 Accountability Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 E-mail: joeharcz at comcast.net Re: Equipment inventory To: Patrick D. Cannon Director, Michigan commission for the Blind (Via e-mail) Dear Mr. Cannon I'm writing to you as the Director of the Michigan commission for the Blind to remit all spreadsheets, and other data related to the MCB's Equipment Inventory that is a required and ongoing obligation of your and the BEP staff. Certainly it is your and others obligations to account to for who, what, when where and why and how or federally taxpayer funded stuff is! This isn't rocket sconce sir. It is a matter of accounting and accountability for where and how our taxpayer's monies are accounted for. You are paid in excess of $125,000 per year to in part know just where this stuff is. Your job description also requires that you ensure subordinates like Zanger and Hull and Promotional Agents know where our stuff is. Yet, no one knows where anything is apparently. Also this goes to the ggross dereliction of ongoing duties by PA, Josh Hoskins and his superiors including yourself in the loss of a $7,000 snack machine at he "Holt Rest Area" demolished or otherwise lost do to dereliction of known duties and that has not been responded to and there is no accountability for this or other actions/inactions by you, the boss. What gives here? Send me this inventory stuff in accessable format which is to send it to me as Word attachments/and/or plain text enclosures to my e-mail adress listed above pursuent to obligations under the Rehabilitation Act of which you are well aware and title II of the ADA. Do it now. Sincerely, Paul Joseph Harcz, Jr. Cc: MCB Commissioners Cc: EOC Cc: RSA Cc: Mike Zimmer, LARA Cc: MCBVI Cc: NFB MI CC: several ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Mon Jun 25 17:34:31 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 25 Jun 2012 13:34:31 -0400 Subject: [Vendorsmi] {Disarmed} Emailing: Categories.htm Message-ID: <71BB30B9773A4231BEC41E0CDC5A8B94@YOUR7C60552B9E> Mi Transparency - Vendor Payments to a Vendor by Category Michigan.gov Transparency & Accountability Home | Contact Us | FAQs State Expenditures and Accountability Information Welcome to the State of Michigan's accountability Web site, where the citizens of Michigan can find information on state expenditures. Government transparency and fiscal accountability are defining principles of Michigan state government. We continue to explore new opportunities for expanding information through the award-winning Michigan.gov Web site. The data and information presented within this site will be updated on a monthly basis and new features will be added as they become available. If you have comments or suggestions regarding this Web site, please contact us at DMB-Contact-OFM at michigan.gov. a.. State Expenditures by Category a.. State Expenditures by Appropriation Unit a.. Vendor Payments a.. By Vendor a.. By Category a.. By Agency a.. Tax Expenditure Reports Vendor Payments to a Vendor by Category Vendor payments to WOLVERINE AMERICA, LLC made by LICENSING AND REGULATORY AFFAIRS for fiscal year 2012 Click on a category description to view vendor payments made to this vendor for this category. Agency Name Category Description Vendor Payment Totals LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials $13,660.85 LICENSING AND REGULATORY AFFAIRS Capital Acquisitions and Rentals $90,215.69 Showing 1 - 2 of 2 Related Links a.. Michigan Recovery and Reinvestment Plan (ARRA) b.. Active Employees by Department c.. Definitions of Expenditure Categories d.. DTMB Purchasing Operations Contract List e.. Executive Budget f.. State Budget Office Financial Reports g.. State Budget Office Frequently Asked Questions h.. Annual Workforce Reports i.. Civil Service Job Specifications and Wage Rates j.. Economic Development Projects Michigan.gov Home | Help & Contacts | State Web Sites | Awards Privacy Policy | Link Policy | Accessibility Policy | Security Policy | Michigan News | Michigan.gov Survey Copyright ? 2001-2012 State of Michigan -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: bannerRight.jpg Type: image/jpeg Size: 3953 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Excel.gif Type: image/gif Size: 85 bytes Desc: not available URL: From suncat0 at gmail.com Mon Jun 25 21:01:19 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Mon, 25 Jun 2012 17:01:19 -0400 Subject: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm Message-ID: Mi Transparency - Payments to a Vendor by Agency and CategoryDoes anybody know what these payments are for? I think there's a story here. ----- Original Message ----- From: joe harcz Comcast To: Joe Sontag Cc: terry Eagle Sent: Monday, June 25, 2012 11:55 Subject: Emailing: Warrants.htm Michigan.gov Transparency & Accountability Home | Contact Us | FAQs State Expenditures and Accountability Information Welcome to the State of Michigan's accountability Web site, where the citizens of Michigan can find information on state expenditures. Government transparency and fiscal accountability are defining principles of Michigan state government. We continue to explore new opportunities for expanding information through the award-winning Michigan.gov Web site. The data and information presented within this site will be updated on a monthly basis and new features will be added as they become available. If you have comments or suggestions regarding this Web site, please contact us at DMB-Contact-OFM at michigan.gov. a.. State Expenditures by Category a.. State Expenditures by Appropriation Unit a.. Vendor Payments a.. By Vendor a.. By Category a.. By Agency a.. Tax Expenditure Reports Payments to a Vendor by Agency and Category Payments to ROBERT L ESSENBERG by LICENSING AND REGULATORY AFFAIRS for fiscal year 2012 Agency Name Category Description Warrant Date Payments Total LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 2/7/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 1/13/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 10/20/2011 $300.00 Showing 1 - 3 of 3 Related Links a.. Michigan Recovery and Reinvestment Plan (ARRA) b.. Active Employees by Department c.. Definitions of Expenditure Categories d.. DTMB Purchasing Operations Contract List e.. Executive Budget f.. State Budget Office Financial Reports g.. State Budget Office Frequently Asked Questions h.. Annual Workforce Reports i.. Civil Service Job Specifications and Wage Rates j.. Economic Development Projects Michigan.gov Home | Help & Contacts | State Web Sites | Awards Privacy Policy | Link Policy | Accessibility Policy | Security Policy | Michigan News | Michigan.gov Survey Copyright ? 2001-2012 State of Michigan -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: bannerRight.jpg Type: image/jpeg Size: 3953 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Excel.gif Type: image/gif Size: 85 bytes Desc: not available URL: From joeharcz at comcast.net Mon Jun 25 21:59:55 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Mon, 25 Jun 2012 17:59:55 -0400 Subject: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm References: Message-ID: Mi Transparency - Payments to a Vendor by Agency and CategoryIsn't it interesting that he got $600 on Feb. 7, 2012 on the very night he pioneered the illegal vote promoted by the agency on the State Plate exception? And the day before it was put through by the MCB board? BTW I was greatful to the board for reversing that violation of PA 260 at the June 15 meeting. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Monday, June 25, 2012 5:01 PM Subject: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm // initialise plugins jQuery(function() { jQuery('ul.sf-menu').superfish(); }); Does anybody know what these payments are for? I think there's a story here. ----- Original Message ----- From: joe harcz Comcast To: Joe Sontag Cc: terry Eagle Sent: Monday, June 25, 2012 11:55 Subject: Emailing: Warrants.htm Michigan.gov Transparency & Accountability Home | Contact Us | FAQs State Expenditures and Accountability Information Welcome to the State of Michigan's accountability Web site, where the citizens of Michigan can find information on state expenditures. Government transparency and fiscal accountability are defining principles of Michigan state government. We continue to explore new opportunities for expanding information through the award-winning Michigan.gov Web site. The data and information presented within this site will be updated on a monthly basis and new features will be added as they become available. If you have comments or suggestions regarding this Web site, please contact us at DMB-Contact-OFM at michigan.gov. a.. State Expenditures by Category a.. State Expenditures by Appropriation Unit a.. Vendor Payments a.. By Vendor a.. By Category a.. By Agency a.. Tax Expenditure Reports Payments to a Vendor by Agency and Category Payments to ROBERT L ESSENBERG by LICENSING AND REGULATORY AFFAIRS for fiscal year 2012 Agency Name Category Description Warrant Date Payments Total LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 2/7/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 1/13/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 10/20/2011 $300.00 Showing 1 - 3 of 3 Related Links a.. Michigan Recovery and Reinvestment Plan (ARRA) b.. Active Employees by Department c.. Definitions of Expenditure Categories d.. DTMB Purchasing Operations Contract List e.. Executive Budget f.. State Budget Office Financial Reports g.. State Budget Office Frequently Asked Questions h.. Annual Workforce Reports i.. Civil Service Job Specifications and Wage Rates j.. Economic Development Projects Michigan.gov Home | Help & Contacts | State Web Sites | Awards Privacy Policy | Link Policy | Accessibility Policy | Security Policy | Michigan News | Michigan.gov Survey Copyright ? 2001-2012 State of Michigan ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: bannerRight.jpg Type: image/jpeg Size: 3953 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Excel.gif Type: image/gif Size: 85 bytes Desc: not available URL: From suncat0 at gmail.com Tue Jun 26 04:09:08 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 26 Jun 2012 00:09:08 -0400 Subject: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm References: Message-ID: Mi Transparency - Payments to a Vendor by Agency and CategoryIt appears that I may have answered my own question and thought of other questions to ponder. The payments to Essenberg are probably for providing various on-the-job training experiences (OJe) for training class graduates. Funny, wonder if Lisa Webber was one of his trainees? Ms. Webber is one of the temps who was massively behind on reports and payments while serving as a temporary operator. It was revealed that as a licensed operator, she operated her facility with several 0 payment months during her probation period, with no problems whatever, almost bragging about the months in which she paid nothing to the BEP. She's now on the EOC because of the resignation of Andrea Nelson and, according to the Program Manager, Webber is in full compliance with BEP rules. That's what the EOC bylaws require for membership on the Committee. What? How can she be in compliance with the profit performance requirements for her facility with zero-profit months occurring regularly? And what about the requirement that all operators carry general liability coverage, purchased independently or through the BEP? Only the largest facilities can obtain lower premiums than the group rate that the BEP gets, so it's not likely that she's carrying her own coverage. So how could she honestly have a zero-payment month when the premium is to be remitted monthly, based on a certain portion of monthly sales? Answer: the EOC said it's ok and everybody knows that the EOC and not C. Zanger is ultimately responsible for the operation of the program, right? ----- Original Message ----- From: joe harcz Comcast To: Joe Sontag ; NFB of Michigan Vendors List Sent: Monday, June 25, 2012 17:59 Subject: Re: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm Isn't it interesting that he got $600 on Feb. 7, 2012 on the very night he pioneered the illegal vote promoted by the agency on the State Plate exception? And the day before it was put through by the MCB board? BTW I was greatful to the board for reversing that violation of PA 260 at the June 15 meeting. ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Monday, June 25, 2012 5:01 PM Subject: [Vendorsmi] {Disarmed} Fw: Emailing: Warrants.htm // initialise plugins jQuery(function() { jQuery('ul.sf-menu').superfish(); }); Does anybody know what these payments are for? I think there's a story here. ----- Original Message ----- From: joe harcz Comcast To: Joe Sontag Cc: terry Eagle Sent: Monday, June 25, 2012 11:55 Subject: Emailing: Warrants.htm Michigan.gov Transparency & Accountability Home | Contact Us | FAQs State Expenditures and Accountability Information Welcome to the State of Michigan's accountability Web site, where the citizens of Michigan can find information on state expenditures. Government transparency and fiscal accountability are defining principles of Michigan state government. We continue to explore new opportunities for expanding information through the award-winning Michigan.gov Web site. The data and information presented within this site will be updated on a monthly basis and new features will be added as they become available. If you have comments or suggestions regarding this Web site, please contact us at DMB-Contact-OFM at michigan.gov. a.. State Expenditures by Category a.. State Expenditures by Appropriation Unit a.. Vendor Payments a.. By Vendor a.. By Category a.. By Agency a.. Tax Expenditure Reports Payments to a Vendor by Agency and Category Payments to ROBERT L ESSENBERG by LICENSING AND REGULATORY AFFAIRS for fiscal year 2012 Agency Name Category Description Warrant Date Payments Total LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 2/7/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 1/13/2012 $600.00 LICENSING AND REGULATORY AFFAIRS Contractual Services Supplies and Materials 10/20/2011 $300.00 Showing 1 - 3 of 3 Related Links a.. Michigan Recovery and Reinvestment Plan (ARRA) b.. Active Employees by Department c.. Definitions of Expenditure Categories d.. DTMB Purchasing Operations Contract List e.. Executive Budget f.. State Budget Office Financial Reports g.. State Budget Office Frequently Asked Questions h.. Annual Workforce Reports i.. Civil Service Job Specifications and Wage Rates j.. Economic Development Projects Michigan.gov Home | Help & Contacts | State Web Sites | Awards Privacy Policy | Link Policy | Accessibility Policy | Security Policy | Michigan News | Michigan.gov Survey Copyright ? 2001-2012 State of Michigan ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: bannerRight.jpg Type: image/jpeg Size: 3953 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Excel.gif Type: image/gif Size: 85 bytes Desc: not available URL: From joeharcz at comcast.net Tue Jun 26 22:14:12 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Tue, 26 Jun 2012 18:14:12 -0400 Subject: [Vendorsmi] worth a re-reading here me thinks? Message-ID: STATE OF MIICHIGAN STATE OFFICE Of ADMINISTRATIVE HEARINGS AND RULES In the matter of Docket No. 2009-1705 Risa Patrick-Langtry, Agency No. n/a Petitioner v Agency: Michigan Commission Michigan Commissionfor the For The Blind Blind, Respondent Case Type: Appeal Issued and entered This 3rd day of December, 2010 by Robert J. Meade Administrative Law Judge RECOMMENDED DECISION OF THE ADMINISTRATIVE LAW JUDGE PROCEDURAL FINDINGS This is a proceeding conducted pursuant to 1978 PA260, as amended, MCL 393.351 et seq. (Act 260) and Chapter IV of 1969 PA 306, as amended, MCL 24.271 et seq. (Act 306). Petitioner, Risa Patrick-Langtry (Petitioner) filed a request for an administrative hearing on ,or about November 12, 2009. On December 4, 2009, the Respondent, Michigan Commission for the Blind (Respondent or Docket No. 2009-1705 Page 2 Commission) forwarded a Request for Hearing to the State Office of Administrative Hearings and Rules and a hearing was scheduled for January 28, 2010. On January 26, 2010, Petitioner submitted a Request for Hearing Continuance due to complications arising out of Petitioner's treatment for breast cancer. The request was granted and an Order Granting Adjournment was issued on February 2, 2010, rescheduling the hearing for April 8, 2010. On April 7, 2010, Petitioner submitted a second Request for Hearing Continuance because Petitioner had not yet recovered sufficiently from her medical condition to participate in the hearing. The request was granted and an Order Granting Adjournment was issued on April 16, 2010, rescheduling the hearing for June 24, 2010. On June 21, 2010, Petitioner submitted a third Request for Hearing Continuance because she had to be in Ann Arbor for a medical appointment following recent eye surgery. The request was granted and an Order Granting Adjournment was issued on June 25, 2010. , rescheduling the hearing for July 20, 2010. On June 30, 2010, the Respondent submitted a Request for Adjournment because material witnesses were unavailable on the scheduled hearing date. The Respondent also requested that a Telephone Pre-Hearing Conference be scheduled because it believed that the matter could be settled Docket No. 2009-1705 Page 3 short of holding a full evidentiary proceeding. The request was granted and on July 15, 2010 an Order Granting Adjournment and Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for August 2, 2010. A Telephone Prehearing Conference was held on August 2, 2010, at which time the parties discussed whether the issue of the hearing had become moot. The parties agreed to exchange information and advise the court by August 24, 2010 whether there was still a need for a hearing. On August 30, 2010, the Petitioner advised that she still wished to proceed to a hearing. On September 1, 2010, the Respondent objected to Petitioner requesting a hearing past the August 24, 2010 deadline. Respondent also requested another Telephone Prehearing Conference be scheduled so the parties could identify the issue for the hearing. On September 3, 2010, ail Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for October 5, 2010. On October 8, 2010, an Order Scheduling Telephone Prehearing Conference was issued, scheduling the conference for October 14, 2010. Following the Telephone Prehearing Conference, an Order for Continuance was issued on October 20, 2010, scheduling the hearing for Docket No. 2009-1705 Page 4 November 29, 2010 at 9:00 a.m. The November29,2010 hearing proceeded as scheduled. Terry Eagle appeared on behalf of the Petitioner. James Hull appeared on behalf of the Respondent. The record was closed November29, Petitioner's Witnesses: Fred Wurtzel Risa Patrick-Langtry David Robinson Respondent's Witnesses: Constance Zanger Petitioner's Exhibits: Exhibit 1 -Article from Livingston Daily Exhibit 2 - Email Exchange with Mark Geib Exhibit 3 - Route Comparison Respondent's Exhibits: Exhibit A - EOC Meeting Minutes , Exhibit B - EOC Motions ISSUE Was the Commission's reorganization of various vending routes discriminatory to Petitioner under Act 260? FINDINGS OF FACT 1. Petitioner entered the Business Enterprise Program (BEP) in 2000 and became a roadside vendor in 2004 when she took over the Howell, Michigan vending route. The route consisted of two rest areas: one eastbound and one westbound on Interstate 96 (1-96) near Howell, Docket No. 2009-1705 Page 5 Michigan. The Howell vending route had previously included a very lucrative rest area near Novi, Michigan, but that rest area had already been permanently closed by the Michigan Department of Transportation (MDOT) by the time Petitioner took over the route. 2. In 2009, MDOT announced plans to close the westbound Howell rest area in the spring of 2010 in order to construct a new entrance ramp to I- 96. Petitioner estimated that the closure would result in a decrease in sales and income of approximately 60%. 3 . Also in 2009, the operator of the Okemos vending route, which included the Okemos rest area, the Woodbury rest area, and the Dewitt rest area, decided to retire. Since part of Petitioner's route was going to be shut down, she proposed that the Okemos rest area and the Holt rest area be added to her route. 4. Initially Commission staff recommended to the Elected Operators committee (EOC) that Petitioner's Howell eastbound rest area be added to the Okemos vending route, however, the program manager decided to honor an earlier EOC motion and assigned the Dewitt rest area to the Mt. Pleasant vending route and assigned the Holt Road rest area to the Okemos vending route and bid the Okemos route out in this Docket No. 2009-1705 Page 6 configuration (Okemos rest area, Holt Road rest 'area and Woodbury Road rest area). The Okemos vending route went to someone with more seniority than Petitioner. 5. The BEP has a policy which states that vending route sales should be a minimum of $150,000 annually with a goal of $200,000 annually. Once the Novi rest area was closed on the Howell vending route, the route's sales have been below $150,000 annually. Petitioner indicated that sales for Howell vending route are approximately $100,000 annually. Petitioner and Commission staff have been looking for sites to add to the Howell vending route in order to bring annual sales up to the $150,000 minimum but, to date, no sites have been added to the route. 6. The westbound Howell rest area has yet to close, due to difficulty raising money for the new 1-96 entrance ramp project. Fred Wurtzel, former BEP Program Administrator, indicated that he recently spoke to MDOT and was told that the State does not have the money for the project, but that the County (Livingston) is trying to raise the money. A recent article in the Livingston Daily indicates that Livingston County recently committed $1.3 million dollars to the project, "clearing a major hurdle for the project to proceed." [Exhibit I ]. Docket No. 2009-1705 Page 7 7. Mark S. Geib, Brighton TSC Manager, recently indicated in an email that he believes the I-96 interchange project is going forward with a 2012- 2013 construction schedule. [Exhibit 21. 8. Constance Zanger was the was the BEP Manager when the decision was made to keep the Okemos vending route intact and assign the Dewitt rest area to the Mt. Pleasant vending route. Ms. Zanger testified that she ultimately decided to follow a previous EOC motion from 2003 because the Mt. Pleasant vending route was losing a site sooner than Petitioner's route and because the decision ensured that the four area vending routes would all then meet the income threshold of 120% of the federal minimum wage, as promulgated in Rule 393.18. Ms. Zanger indicated that promulgated rules take precedence over Commission policy. 9 Petitioner has recently accepted the Okemos vending route and her change to that route should be completed in approximately 30 days. Petitioner's representative indicated that this was what Pe1:il:ioner was seeking by requesting the instant hearing, however, Petitioner indicated that she has since learned that the Holt Road rest area will be torn down and rebuilt in the fall of 201 1. Petitioner requested that her husband be Docket No. 2009-1705 Page 8 allowed to run the Howell vending route when she takes over the Okemos vending route. CONCLUSIONS OF LAW Act 260, MCL 393.355 directs the Commission among other things to: (f) Regulate concessions reserved for operation by blind persons pursuant to this act. Vending facility is defined MCL 393.351 (f) in the following manner: (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commmission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. MCL 393.355 (g) permits Respondent to promulgate rules to implement the above provisions. Pursuant to this authority, Administrative Rules R 393.1 through 393.56 took effect October 1, 2004. Rule 393.18 outlines the Commission's responsibilities with regard to vending facility sites: R 393.18 Commission responsibilities; vending facility site; equipment. Rule 18. The commission shall do all of the following: (a) Determine if a potential site is suitable for a vending facility. In a building where more than I vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after Docket No. 2009-4765 Page 9 being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40 hour workweek. Rule 52 outlines the creation, powers and duties of committees: R 393.52 Committee; creation; powers and duties. Rule 52. ( I ) The committee shall consist of 11 members elected by the licensees. The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees. (2) The committee shall do all of the following: (a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267. (b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program. Docket NO.2009-1705 Page 10 (c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances. (d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees. (e) Actively participate with the commission in the development of training and retraining programs for licensees. (f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state. (g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it. (h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency. (i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program. (j)Record and transcribe committee minutes. (3) The subcommittee chairperson shall ensure that subcornmittee members are notified of subcommittee meetings. (4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year. (5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify .the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected. Docket No. 2089-7 765 Page 11 There is no provision in Act 260 that guarantees a certain amount of income to those placed in cafeterias or vending facilities. Both the Act and rules are an attempt to provide income to blind persons. There is no guarantee that this goal will be achieved, nor is there any guarantee that any facility will achieve a specific sales goal. Obviously, unforeseen events may cause a location to close or a facility to suffer decreased sales. The rules promulgated by the Commission provide that routes should return an income to operators of 120% of the federal minimum wage. It is not alleged here by Petitioner that the Howell vending route has failed to live up to the requirements of this Rule. While the Commission also has a policy which states that sales on vending routes should equal $150,000 per year as a minimum, with a goal of $200,000, that policy is trumped by the properly promulgated administrative rule. With that said, it certainly would have been beneficial to Petitioner had the Okemos vending route been split up and parts of it added to her Howell vending route. At one EOC meeting, this is exactly what was proposed and had the Commission decided to adopt that proposal, the three remaining routes would have all met the $150,000 annual sales goal, at least until the Mt. Pleasant route lost the MPRPC site. However, the westbound Howell rest area has still not been closed and the MPRPC site has long since closed, so it is Docket No.2089-1765 Page 12 difficult to find that the Commission made the wrong decision. In addition, Petitioner has recently been awarded the Okemos vending route, which is what her representative indicated at the hearing was her goal. As such, it is recommended that the Commission follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 201 1. RECOMMENDED DECISION I recommend that the Commission for the Blind follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 2011. ROBERT J. MEADE ADMINIS'TRATIVE LAW JUDGE Docket No. 2009-1705 Page 13 PROOF OF SERVlCE I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to then via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 3rd day of December, 2010. Lenore Baker State Office of Administrative Hearings and Rules Risa Patrick-Langtry 229 S Clemens Ave Lansing, MI 48912 Carla Haynes Michigan Commission for the Blind 201 N Washington, 2nd Floor Lansing, WII 48909 Constance Zanger Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 James Hull Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 Joseph Pelle Michigan Commission for the Blind 3038 W Grand Blvd, Suite 4-450 Detroit, MI 48202 Terry Eagle 2000 Boston Blvd, Apt C19 Lansing, MI 48910 -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Wed Jun 27 00:37:20 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 26 Jun 2012 20:37:20 -0400 Subject: [Vendorsmi] worth a re-reading here me thinks? References: Message-ID: <4395BE95E1AD4BCA9F20DB5E7E4189C0@Reputercat> All I"m getting from this is that the operator was to be transfered to Okemos (which has happened), and that the BEP take steps to expand the route in the event of Holdt being torn down. What should be added to Okemos specifically is not indicated in the text of this decission. ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Tuesday, June 26, 2012 18:14 Subject: [Vendorsmi] worth a re-reading here me thinks? STATE OF MIICHIGAN STATE OFFICE Of ADMINISTRATIVE HEARINGS AND RULES In the matter of Docket No. 2009-1705 Risa Patrick-Langtry, Agency No. n/a Petitioner v Agency: Michigan Commission Michigan Commissionfor the For The Blind Blind, Respondent Case Type: Appeal Issued and entered This 3rd day of December, 2010 by Robert J. Meade Administrative Law Judge RECOMMENDED DECISION OF THE ADMINISTRATIVE LAW JUDGE PROCEDURAL FINDINGS This is a proceeding conducted pursuant to 1978 PA260, as amended, MCL 393.351 et seq. (Act 260) and Chapter IV of 1969 PA 306, as amended, MCL 24.271 et seq. (Act 306). Petitioner, Risa Patrick-Langtry (Petitioner) filed a request for an administrative hearing on ,or about November 12, 2009. On December 4, 2009, the Respondent, Michigan Commission for the Blind (Respondent or Docket No. 2009-1705 Page 2 Commission) forwarded a Request for Hearing to the State Office of Administrative Hearings and Rules and a hearing was scheduled for January 28, 2010. On January 26, 2010, Petitioner submitted a Request for Hearing Continuance due to complications arising out of Petitioner's treatment for breast cancer. The request was granted and an Order Granting Adjournment was issued on February 2, 2010, rescheduling the hearing for April 8, 2010. On April 7, 2010, Petitioner submitted a second Request for Hearing Continuance because Petitioner had not yet recovered sufficiently from her medical condition to participate in the hearing. The request was granted and an Order Granting Adjournment was issued on April 16, 2010, rescheduling the hearing for June 24, 2010. On June 21, 2010, Petitioner submitted a third Request for Hearing Continuance because she had to be in Ann Arbor for a medical appointment following recent eye surgery. The request was granted and an Order Granting Adjournment was issued on June 25, 2010. , rescheduling the hearing for July 20, 2010. On June 30, 2010, the Respondent submitted a Request for Adjournment because material witnesses were unavailable on the scheduled hearing date. The Respondent also requested that a Telephone Pre-Hearing Conference be scheduled because it believed that the matter could be settled Docket No. 2009-1705 Page 3 short of holding a full evidentiary proceeding. The request was granted and on July 15, 2010 an Order Granting Adjournment and Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for August 2, 2010. A Telephone Prehearing Conference was held on August 2, 2010, at which time the parties discussed whether the issue of the hearing had become moot. The parties agreed to exchange information and advise the court by August 24, 2010 whether there was still a need for a hearing. On August 30, 2010, the Petitioner advised that she still wished to proceed to a hearing. On September 1, 2010, the Respondent objected to Petitioner requesting a hearing past the August 24, 2010 deadline. Respondent also requested another Telephone Prehearing Conference be scheduled so the parties could identify the issue for the hearing. On September 3, 2010, ail Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for October 5, 2010. On October 8, 2010, an Order Scheduling Telephone Prehearing Conference was issued, scheduling the conference for October 14, 2010. Following the Telephone Prehearing Conference, an Order for Continuance was issued on October 20, 2010, scheduling the hearing for Docket No. 2009-1705 Page 4 November 29, 2010 at 9:00 a.m. The November29,2010 hearing proceeded as scheduled. Terry Eagle appeared on behalf of the Petitioner. James Hull appeared on behalf of the Respondent. The record was closed November29, Petitioner's Witnesses: Fred Wurtzel Risa Patrick-Langtry David Robinson Respondent's Witnesses: Constance Zanger Petitioner's Exhibits: Exhibit 1 -Article from Livingston Daily Exhibit 2 - Email Exchange with Mark Geib Exhibit 3 - Route Comparison Respondent's Exhibits: Exhibit A - EOC Meeting Minutes , Exhibit B - EOC Motions ISSUE Was the Commission's reorganization of various vending routes discriminatory to Petitioner under Act 260? FINDINGS OF FACT 1. Petitioner entered the Business Enterprise Program (BEP) in 2000 and became a roadside vendor in 2004 when she took over the Howell, Michigan vending route. The route consisted of two rest areas: one eastbound and one westbound on Interstate 96 (1-96) near Howell, Docket No. 2009-1705 Page 5 Michigan. The Howell vending route had previously included a very lucrative rest area near Novi, Michigan, but that rest area had already been permanently closed by the Michigan Department of Transportation (MDOT) by the time Petitioner took over the route. 2. In 2009, MDOT announced plans to close the westbound Howell rest area in the spring of 2010 in order to construct a new entrance ramp to I- 96. Petitioner estimated that the closure would result in a decrease in sales and income of approximately 60%. 3 . Also in 2009, the operator of the Okemos vending route, which included the Okemos rest area, the Woodbury rest area, and the Dewitt rest area, decided to retire. Since part of Petitioner's route was going to be shut down, she proposed that the Okemos rest area and the Holt rest area be added to her route. 4. Initially Commission staff recommended to the Elected Operators committee (EOC) that Petitioner's Howell eastbound rest area be added to the Okemos vending route, however, the program manager decided to honor an earlier EOC motion and assigned the Dewitt rest area to the Mt. Pleasant vending route and assigned the Holt Road rest area to the Okemos vending route and bid the Okemos route out in this Docket No. 2009-1705 Page 6 configuration (Okemos rest area, Holt Road rest 'area and Woodbury Road rest area). The Okemos vending route went to someone with more seniority than Petitioner. 5. The BEP has a policy which states that vending route sales should be a minimum of $150,000 annually with a goal of $200,000 annually. Once the Novi rest area was closed on the Howell vending route, the route's sales have been below $150,000 annually. Petitioner indicated that sales for Howell vending route are approximately $100,000 annually. Petitioner and Commission staff have been looking for sites to add to the Howell vending route in order to bring annual sales up to the $150,000 minimum but, to date, no sites have been added to the route. 6. The westbound Howell rest area has yet to close, due to difficulty raising money for the new 1-96 entrance ramp project. Fred Wurtzel, former BEP Program Administrator, indicated that he recently spoke to MDOT and was told that the State does not have the money for the project, but that the County (Livingston) is trying to raise the money. A recent article in the Livingston Daily indicates that Livingston County recently committed $1.3 million dollars to the project, "clearing a major hurdle for the project to proceed." [Exhibit I ]. Docket No. 2009-1705 Page 7 7. Mark S. Geib, Brighton TSC Manager, recently indicated in an email that he believes the I-96 interchange project is going forward with a 2012- 2013 construction schedule. [Exhibit 21. 8. Constance Zanger was the was the BEP Manager when the decision was made to keep the Okemos vending route intact and assign the Dewitt rest area to the Mt. Pleasant vending route. Ms. Zanger testified that she ultimately decided to follow a previous EOC motion from 2003 because the Mt. Pleasant vending route was losing a site sooner than Petitioner's route and because the decision ensured that the four area vending routes would all then meet the income threshold of 120% of the federal minimum wage, as promulgated in Rule 393.18. Ms. Zanger indicated that promulgated rules take precedence over Commission policy. 9 Petitioner has recently accepted the Okemos vending route and her change to that route should be completed in approximately 30 days. Petitioner's representative indicated that this was what Pe1:il:ioner was seeking by requesting the instant hearing, however, Petitioner indicated that she has since learned that the Holt Road rest area will be torn down and rebuilt in the fall of 201 1. Petitioner requested that her husband be Docket No. 2009-1705 Page 8 allowed to run the Howell vending route when she takes over the Okemos vending route. CONCLUSIONS OF LAW Act 260, MCL 393.355 directs the Commission among other things to: (f) Regulate concessions reserved for operation by blind persons pursuant to this act. Vending facility is defined MCL 393.351 (f) in the following manner: (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commmission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. MCL 393.355 (g) permits Respondent to promulgate rules to implement the above provisions. Pursuant to this authority, Administrative Rules R 393.1 through 393.56 took effect October 1, 2004. Rule 393.18 outlines the Commission's responsibilities with regard to vending facility sites: R 393.18 Commission responsibilities; vending facility site; equipment. Rule 18. The commission shall do all of the following: (a) Determine if a potential site is suitable for a vending facility. In a building where more than I vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after Docket No. 2009-4765 Page 9 being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40 hour workweek. Rule 52 outlines the creation, powers and duties of committees: R 393.52 Committee; creation; powers and duties. Rule 52. ( I ) The committee shall consist of 11 members elected by the licensees. The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees. (2) The committee shall do all of the following: (a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267. (b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program. Docket NO.2009-1705 Page 10 (c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances. (d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees. (e) Actively participate with the commission in the development of training and retraining programs for licensees. (f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state. (g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it. (h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency. (i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program. (j)Record and transcribe committee minutes. (3) The subcommittee chairperson shall ensure that subcornmittee members are notified of subcommittee meetings. (4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year. (5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify .the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected. Docket No. 2089-7 765 Page 11 There is no provision in Act 260 that guarantees a certain amount of income to those placed in cafeterias or vending facilities. Both the Act and rules are an attempt to provide income to blind persons. There is no guarantee that this goal will be achieved, nor is there any guarantee that any facility will achieve a specific sales goal. Obviously, unforeseen events may cause a location to close or a facility to suffer decreased sales. The rules promulgated by the Commission provide that routes should return an income to operators of 120% of the federal minimum wage. It is not alleged here by Petitioner that the Howell vending route has failed to live up to the requirements of this Rule. While the Commission also has a policy which states that sales on vending routes should equal $150,000 per year as a minimum, with a goal of $200,000, that policy is trumped by the properly promulgated administrative rule. With that said, it certainly would have been beneficial to Petitioner had the Okemos vending route been split up and parts of it added to her Howell vending route. At one EOC meeting, this is exactly what was proposed and had the Commission decided to adopt that proposal, the three remaining routes would have all met the $150,000 annual sales goal, at least until the Mt. Pleasant route lost the MPRPC site. However, the westbound Howell rest area has still not been closed and the MPRPC site has long since closed, so it is Docket No.2089-1765 Page 12 difficult to find that the Commission made the wrong decision. In addition, Petitioner has recently been awarded the Okemos vending route, which is what her representative indicated at the hearing was her goal. As such, it is recommended that the Commission follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 201 1. RECOMMENDED DECISION I recommend that the Commission for the Blind follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 2011. ROBERT J. MEADE ADMINIS'TRATIVE LAW JUDGE Docket No. 2009-1705 Page 13 PROOF OF SERVlCE I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to then via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 3rd day of December, 2010. Lenore Baker State Office of Administrative Hearings and Rules Risa Patrick-Langtry 229 S Clemens Ave Lansing, MI 48912 Carla Haynes Michigan Commission for the Blind 201 N Washington, 2nd Floor Lansing, WII 48909 Constance Zanger Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 James Hull Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 Joseph Pelle Michigan Commission for the Blind 3038 W Grand Blvd, Suite 4-450 Detroit, MI 48202 Terry Eagle 2000 Boston Blvd, Apt C19 Lansing, MI 48910 ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 27 01:46:24 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Tue, 26 Jun 2012 21:46:24 -0400 Subject: [Vendorsmi] the messed up transcript Message-ID: STATE OF MICHIGAN STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES DEPARTMENT OF labor, energy & economic growth RISA PATRICK-LANGTRY, PETITIONER V Case No.:2009-1705 MICHIGAN COMMISSION FOR THE BLIND, RESPONDENT / AUDIOTAPED HEARING BEFORE Administrative Law Judge ROBERT J. MEADE LANSING, Michigan - monday, November 29, 2010 APPEARANCES: For the PETITIONER TERRY EAGLE For the RESPONDENT MICHIGAN COMMISSION FOR THE BLIND james hull 201 n. washington square, 2nd floor lansing, mi 48909 (517) 373-2063 TRANSCRIBED BY: REGENCY COURT REPORTING 3133 Union Lake Road Commerce Township, MI 48382 (248) 360-2145 TABLE OF CONTENTS PAGE WITNESS: PETITIONER FRED WURTZEL Direct Examination by Mr. Eagle 07 Cross-Examination by Mr. Hull 17 RISA PATRICK-LANGTRY Direct Examination by Mr. Eagle 18 Cross-Examination by Mr. Hull 31 Redirect Examination by Mr. Eagle 34 WITNESSES: RESPONDENT NONE EXHIBITS: IDENTIFIED RECEIVED PX1 NEWSPAPER ARTICLE 26 26 PX2 E-MAILS 30 31 Lansing, Michigan Monday, November 29, 2010 - 9:00 a.m. * * * * * P R O C E E D I N G S ALJ MEADE: And we?ll go on the record in the matter of Risa Patrick-Langtry, Petitioner, versus Michigan Commission for the Blind, Respondent. It?s Docket Number 2009-1705. It?s November 29th, 2010, at 9:00 a.m. This hearing is being held at the State Office of Administrative Hearings and Rules. We?re on the Second Floor of the Ottawa Building in Lansing, Michigan. And I?m Robert Meade, the administrative law judge assigned to hear this matter. And Mr. Eagle is here on behalf of the Petitioner. Mr. Hull is here on behalf of the Respondent. The hearing is being recorded, so please try to keep your voice up. And it looks like this matter concerns Petitioner?s complaint with regard to a reorganization of a vending route in a manner that the Petitioner deemed discriminatory under Act 260 and the corresponding administrative rules. The Petitioner filed a formal request for an administrative hearing back on November 12th, 2009. On December 4th, 2009, this office received a request for hearing from the Michigan Commission for the Blind, and on December 10th, 2009, a notice of hearing was issued, setting a hearing for January 28th, 2010. We had a number of adjournments, and also a few telephone pre-hearing conferences since that time, and then ultimately, that matter was rescheduled for today?s date and time. And are there any preliminary matters we need to address, Mr. Eagle? MR. EAGLE: No. ALJ MEADE: And Mr. Hull? MR. HULL: No. ALJ MEADE: All right. The guidelines for the hearing will be as follows. The hearing will be conducted in accordance with Public Act 260, the administrative rules, and the Michigan Administrative Procedures Act. Evidence of a type commonly relied upon by reasonably prudent persons may be admitted for consideration. Evidence may be oral or written. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Objections to offers of evidence may be made and will be noted for the record. As will any determination to exclude evidence. Each side will be given an equal opportunity to present their respective positions, and at the close of the record what I?ll do is issue a recommended decision that will go to the full commission for a final decision at the administrative level. Now, in this case, the Petitioner will have the burden of proof, so Mr. Eagle, I?ll let you present your evidence first. Did you wish to make an opening statement? MR. EAGLE: I think the -- your -- your summary of the claim is exactly what I would use as an opening statement; that the action by the state licensing agency was done in a manner that was discriminatory to Ms. Patrick-Langtry, and we would seek some kind of redress. But I -- we?ve already spoken on a teleconference of a -- of proposed remedy, but that hasn?t -- has gone nowhere. ALJ MEADE: Thank you. And Mr. Hull, anything you wanted to say in opening at this time? MR. HULL: The Commission for the Blind in its execution of Public Act 260 and the promulgated rules and working with the elected committee, followed the wishes prescribed by the committee in our previous motion that all parties had agreed to. That motion was known to all parties at the time, and that we stand by our decision to comply with that motion, the original motion that was made, and not change our position and eliminate a possible job opportunity for a blind person. ALJ MEADE: All right, thank you. And I see we have a number of people in the courtroom. Would anyone like the witnesses sequestered this morning? Is it necessary or -- or not? MR. EAGLE: I don't see any reason. Their testimony stands separate and alone from each other -- ALJ MEADE: Okay. MR. EAGLE: -- as far as I?m concerned. ALJ MEADE: Okay. Mr. Hull, any objection to everyone remaining? MR. HULL: No objection, Your Honor. ALJ MEADE: Okay. And who will your first witness be, Mr. Eagle? MR. EAGLE: Mr. Fred Wurtzel. ALJ MEADE: All right. Mr. Wurtzel, if you could come up to the witness stand here? If you go to your left actually; there?s a bench here and then a chair right there. MR. WURTZEL: Okay. ALJ MEADE: And have a seat right in there. And once you?re seated, if you could state and spell your full name for the record, please? MR. WURTZEL: It?s Fred Wurtzel; W-u-r-t-z-e-l. ALJ MEADE: And Mr. Wurtzel, please raise your right hand. Do you swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? MR. WURTZEL: Yes, sir. ALJ MEADE: Thank you. Go ahead, Mr. Eagle. FRED WURTZEL DULY SWORN BY THE JUDGE, TESTIFIED AS FOLLOWS: DIRECT EXAMINATION by MR. EAGLE: Q Good morning, Fred. A Good morning. Q What -- in the past, have you had a position with the Commission for the Blind? A Yes, sir. Q And what was that position? A I was the program administrator. Q And how long were you administrator of the program? A Roughly ten years. I don't remember the exact -- Q Do you -- do you recall the dates from the time you started until the time you retired? A Well, I started working for the business enterprise program as assistant to the program administrator in 1985, and I retired in 2006. Around ?96, I think, is when I actually became the program administrator. Q And do you recall the date in 2006 that you retired? A I?m old, you know. I think it was -- it was around June 6th, or something like that. I can?t remember exactly. Q Okay. So it was mid -- mid-2006? A Yeah. Q Okay. A It was definitely June of 2006. Q To -- to the best of your knowledge, does the business enterprise program have a vending -- roadside vending program? A Yes. Q And what?s -- what?s the purpose of that roadside vending program? A Well Senator Barbara Kinelly (ph) introduced legislation at the federal level to allow blind people to operate vending facilities on interstate highway and U.S. highway right -- rights of way, and beginning in 1986, with the opening of the Mackie rest area in Clare, Michigan came into -- into the highway vending program, and the ultimate goal of it is, of course, to provide employment to blind people, and to provide snacks and refreshments to the traveling public. Q Is -- is the -- is one of the purposes to provide a -- a living income to blind persons? A Yes. Q And to the best of your recollection, by the time you had retired, had -- had the commission established locations in virtually all viable locations on the highways in Michigan? A Yeah. I -- I think -- I think given the give and take with MDOT and all that, I think it was -- like you say virtually, I guess, all -- all viable places. There may be some places that still could support something, but I think we had it pretty well covered. Q What -- what would be considered a viable location? A Well, we have a -- we had a policy when I left -- I don't know what?s still there -- but when I left there was a satellite policy that said that a vending facility -- highway vending facility would be $150,000.00 minimum sales, with a goal of $200,000.00. Q And -- A Sales. Q Were -- during your tenure were -- were -- was that goal met in any or all of the locations? A I -- I couldn?t say for certain that it was met in every last one of them, but it was certainly our -- our goal to try to meet that goal. Q And were -- were -- during your tenure as the program manager, were -- were there times when you would change or make modifications to vending facilities and their satellite sites to try to achieve that goal? A Yeah, absolutely. When -- and in accordance again with the satellite policy, those things are to be reviewed each time a -- a vending site comes up for bid. Q Okay. Now, turning -- turning to the location that?s in question here, and our proposal to deal with inequities in or -- or try to meet the area income or sales to the locations, do you -- do you have any recollection of discussions having to do with the Howell/Novi rest area? A Well, yeah. I mean I -- a few years back there. But the Novi -- Novi rest area was a pretty good facility. Unfortunately, they closed that and tore it down with the -- with the revamping of the interchange of I-275 and 96 and 696 there, which just left Howell and -- and Brighton. One?s eastbound, one?s westbound. I think Brighton is eastbound and -- and Howell is westbound. And those were the two that were left together there. Q And was there any plans during your tenure for the -- to make modifications to either of the other -- the remaining locations, either Howell or the Brighton? A Well, as I recall, the -- the Howell rest area or the -- no, the Brighton one -- the eastbound one was remodeled -- a new building was -- was built and brought that indoors. My understanding is that the Howell rest area, the westbound one, is to be demolished and a new interchange was going to be put there -- MR. HULL: Objection -- THE WITNESS: -- which would eliminate that -- eliminate that rest area. ALJ MEADE: Go ahead, Mr. Hull. MR. HULL: Your Honor, the witness is speculating. ALJ MEADE: All right. I?ll note your objection, but I?ll allow the testimony. Go ahead, Mr. Eagle. by MR. EAGLE: Q So -- so you -- you had knowledge that there were plans to -- to demolish the Howell location and put an interchange in there? A That?s my understanding, yes. Q Okay. Did -- more recently, have you had any conversations with anybody at the Department of Transportation? A Yeah, I talked with Scott Wheeler about six, eight weeks ago. Q And what -- what is Scott Wheeler?s position? A You know, I can?t tell you his -- his exact job title. But he?s the person that oversees the rest areas for the Michigan Department of Transportation. Q And what was the purpose of that conversation? A Risa and I were in a conversation, and she said that she had heard that they were going to do that, and -- but was uncertain about what the plans were, and I said, ?Well, I know Scott; I?ll just give him a call.? So I called him up and asked him, and he -- he called me back and we had a conversation. Probably a five, ten minute conversation about that. Q What -- what was your understanding from that conversation of the -- the plans for that location? A What he told me was that the state did not have -- didn?t presently have the funding to do -- do the job -- complete the project. But the county -- Livingston county is working on getting the funding. But he said it could happen tomorrow or it could happen three years from now. He -- he wasn?t certain. But it -- it was pretty much up to Livingston county what happened next. Q Okay. During your -- well, while you were there were -- as the administrator, were there any plans to -- based on your knowledge of the pending road project, were -- did -- were there any plans to deal with that location in any way? A There was -- there was always a lot of conversation. I -- I don't recall, you know, any specific things at the moment. I do remember generally that there was always conversation about -- because it -- we never were able to get the -- after -- especially after Novi closed, it was, you know, below the $150,000.00 level, and so we was always trying -- looking -- we were always looking at ways of improving the sales there. Q Were -- were there any attempts to add locations or satellites to that facility? A Yeah. We -- we were looking at post office facilities -- it is my recollection is the post offices are pretty small. But we were looking at those as -- as adjuncts to that -- to build that route up a little bit. Q And to the best of your knowledge, did any of that come to fruition? A Not while I was there. I don't know what?s happened since. Q Do you -- the commission contends that they acted on a policy recommendation by the elected operators committee about four years ago. Do you -- are you familiar with that? A I don't know what policy you?re -- you?re referring to. Q With regard to configuration of -- of vending facilities on the roadside that would deal with helping locations meet the $150,000.00 benchmark? A I?m not sure I recall any -- the specific action you?re referring to. Q Okay. Are -- do you recall any discussion having to do with a vending facility in the Flint area, having to do with combining locations? MR. HULL: Objection, relevance. ALJ MEADE: All right. I?ll note your objection. I?m -- I?m not sure what the relevance is yet, so I?ll allow the witness to answer. Go ahead, sir. THE WITNESS: I remember that there was -- in staff meetings there was -- there was significant conversation about what to do with the -- I?m trying to remember -- for lack -- lack of a better term, I would say Frankenmuth and Davis -- Davison -- whatever the one on the south side of Flint is that?s northbound, and combine those two north and south of Flint. At -- at one point, we had added Capac and Lapeer to the one on the south side of Flint, Davisburg, whatever that?s called, and John Macinty (ph), I think was advocating that we put the Capac and Lapeer ones with the Port Huron, and combine the Davisburg and Frankenmuth, or whatever that?s called, together. That?s the best I recall of that conversation. by MR. EAGLE: Q Do you -- do you recall if that ever went before the elected operators committee? A I don't -- I don't recall that going to the EOC. Q Do you ever remember anything going to the commission board with respect to a policy on that location? A No, I don't recall the -- that that ever happened. I -- MR. HULL: Your Honor, renew my objection based on relevance. ALJ MEADE: All right. MR. HULL: We?re here to talk about the Howell vending route, and now we?re talking about Frankenmuth. ALJ MEADE: All right. I?ll -- I?ll note your objection, but I don't know enough about the route, so I?ll allow him to answer the question. MR. EAGLE: Okay. I -- I believe that?s all I have at this time. ALJ MEADE: All right. And Mr. Hull, questions for the witness? Cross-Examination by MR. HULL: Q Mr. Wurtzel, you had mentioned a policy of $150,000.00 for sales for highway vending routes. Do you know if that?s promulgated? A To the best of my recollection, it?s not a promulgated rule. That?s a -- a policy that the elected operators committee and the commission board adopted though. Q Thank you. ALJ MEADE: Okay. Mr. Eagle, anything else? MR. EAGLE: No. ALJ MEADE: For the witness? All right. Thank you, sir. You?re excused. And your next witness, Mr. Eagle? Do you need to check if someone?s here, or -- MR. EAGLE: Well, I guess he hasn?t arrived. But we?ll move ahead with Ms. Langtry. ALJ MEADE: All right. And Ms. Langtry, can you make it up to the witness stand, or do you want to -- does someone want to help her up to the witness stand, or you can -- you can stay there if Mr. Hull has no objection. MR. HULL: I have no objection, Your Honor. ALJ MEADE: No? Okay. Why don?t you stay right there then. MS. PATRICK-LANGTRY: Okay. ALJ MEADE: Go -- oh, let me swear in her; sorry. And ma?am, could you state and spell your full name for the record? MS. PATRICK-LANGTRY: Yes. It?s Risa Patrick-Langtry; that?s R-i-s-a P-a-t-r-i-c-k hyphen L-a-n-g-t-r-y. ALJ MEADE: And raise your right hand, please. Do you swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? MS. PATRICK-LANGTRY: I do. ALJ MEADE: Thank you. Go ahead, Mr. Eagle. RISA PATRICK-LANGTRY DULY SWORN BY THE JUDGE, TESTIFIED AS FOLLOWS: DIRECT EXAMINATION by MR. EAGLE: Q Risa, when did you enter the BEP program? A It was 2000. Q Keep your voice up please. A 2000 -- I'm sorry; it?s 2001. Q And was -- was your first location a roadside vending facility? A No, it was a snack bar. Q And did you have any other locations prior to becoming a roadside vendor? A I had -- I had two other -- I had three snack -- three snack bars in that period of time, and also with a temporary at the (inaudible) snack bar for about six months. Q And when did you become a roadside vendor? A Six years ago. It?s been about -- this coming -- this coming February, it?ll be -- about -- about -- well, six year, seven years. Q And what was the location that you had at that time -- you took at that time? A It was the east and west side location on I-96 in Howell -- Howell and Brighton. Q Okay. So the -- the Novi location had already been closed? A That was -- that had already been demolished -- Q And -- and there was no plans to re -- rebuild that -- A No. Q -- correct? A No. Q And then what -- at that time, what -- do you recall what the annual sales were for those two locations? A At the time it was like about 55/45. Fifty-five east side and 45 west side. Q That?s in dollars? A Yes. That was -- that was gross sales. Q Okay. So about $100,000.00? A About that, yes. Q And -- A When I took -- when I took over the location, it was bid out at 86 gross sales. Q Okay. And did -- at that time that -- the time that you took those -- that location, did -- were -- were there any plans to your knowledge to try to build that up? A No. Q And -- A The -- Q Go ahead. A They were going to -- I looked -- I looked at the post offices there and -- because there was rumors that the -- they were going to start assigning satellites if the -- if your location was near a post office, that they would add that on as a satellite. But that did not -- that did not come about. And I checked into the post offices, and it wasn?t even worth bothering with. Because one -- one location -- the Howell post office only had about 20 or 30 people in -- in there -- in that location, and Brighton, there were probably like 40 -- 40 people -- 45 people, 50 people, something like that. And it wasn?t even worth bothering with. They had some private machine in there; like one or two machines. And it wasn?t -- wasn?t even worth messing with. Q Okay. And was there a -- was there a point in time when the elected operators committee entertained a motion to reconfigure the locations having to do with highway vending, not only with respect to yours, but others nearby? A We -- what do you mean, my location that -- I know -- I know as of last -- last year when the word had it that MDOT was going to demolish the west side location, that I had a administrative review and James Hull and Joe Pelle promised that they would be looking for sites for my location to compensate the west side. But nothing, nothing, nothing had been done about it. And -- Q So -- A -- they didn?t bother to -- to proceed with that. Q So are you aware of whether in the last 13 months, any -- any attempts with respect to contacting potential locations -- A No. Last -- when -- when they were talking about -- when they were talking about tearing down -- as of last year, tearing down the location, the -- the professional -- professional assistant -- the PA recommended that -- that they would re -- re-do the route and give me east side, Okemos, and Holt Road location. But that did not -- that did not happen, and it was taken to the EOC, and they -- they voted on -- on the -- leaving a location and -- and it happened that Ms. Zanger -- Connie Zanger took the locations as -- as when the location was (inaudible) Okemos, Perry, and Dewitt. So she took -- she took Dewitt and gave it to another operator to -- and added that to Ithaca site, and then they took Holt or Okemos, Perry, and Hold Road, and -- and put it on a bid line and didn?t even consider my -- what my situation was. They -- they didn?t even bother with that. They didn?t even consider -- didn?t consider me on my location, though they were gonna tear down west side. Q So would it be a fair statement to say that in -- in doing that with the Okemos location, that they -- that Ms. Zanger helped another operator with low sales, but did not help you? A Absolutely -- MR. HULL: Objection; leading. THE WITNESS: Absolutely. ALJ MEADE: All right. I?ll -- I?ll note your objection. I?ll allow the question. by MR. EAGLE: Q What was your answer? A Pardon me? Q What was your answer? A I said absolutely. She did not consider -- did not consider my situation. Q Okay. Did -- do you know -- do you have knowledge whether the staff was -- was in favor of making any change that would assist you? A Not -- not to my knowledge. They did not -- they did not attempt any -- to do anything to assist me in any way. Q Okay. Now, that -- more recently it?s been -- it?s been alleged by the commission that the westbound Howell location is not going to be demolished and replaced with an on-ramp to westbound I-96 at Howell. Is -- have you learned something different lately? A Yes. My husband went online and -- and read -- read the article and then the (inaudible) newspaper that Livingston county does have the money and they are going to proceed into tearing down the west side location. What they?re doing now -- they got federal money and also state money and what they?re doing right now is getting bids -- working on getting bids and getting a situation where (inaudible) the -- the -- the schools, the -- all the big business people are -- they -- they were in on the -- on the decision to -- to tear down that location and -- and now they got -- they got the mon -- they got the pressure from the business to go ahead and they voted to tear it down, and -- and it can -- right now it could be done -- they?re saying -- they?re saying in beginning of ?12, but they?re also saying it could -- it could happen before that time, because now they?re -- they?re putting in a bridge before they put the ramp there at the -- on that intersection. MR. HULL: Objection, Your Honor. That entire answer was hearsay. ALJ MEADE: All right. THE WITNESS: No -- ALJ MEADE: I?ll -- I?ll note your objection. I?ll -- MR. HULL: Thank you. ALJ MEADE: -- I?ll accept it for what it?s worth. MR. EAGLE: I?d like to introduce -- THE WITNESS: No. That?s not hearsay. MR. EAGLE: I?d like to introduce a document. What are we, numbers or letters? ALJ MEADE: Why don?t you use numbers? MR. EAGLE: Okay. THE WITNESS: Can I say something else, please? ALJ MEADE: Hang on just a second, Ms. Langtry. MR. EAGLE: This is -- this is a article that is -- it was published -- and speaks to the same testimony that Ms. Langtry just gave, having to do with securing the funding from the county road commission to move ahead with the project. ALJ MEADE: All right. And Mr. Hull, any objection to proposed Exhibit Number One? MR. HULL: One moment, Your Honor. by MR. EAGLE: Q Now -- ALJ MEADE: Hang on just a second, Mr. Eagle. He?s still reviewing it. MR. EAGLE: Oh, okay. MR. HULL: Your Honor, the only objection that I would have to this is it?s from this past year, November 11th, and this matter was actually requested for hearing back in 2009. So I don't believe that this document is germane or relevant to the cause of this hearing today. ALJ MEADE: All right. I?ll note your objection. I?m going to accept that as Exhibit One. MR. HULL: Thank you, Your Honor. (WHEREUPON, PX1 was admitted at this time) ALJ MEADE: Go ahead, Mr. Eagle. MR. EAGLE: Okay. by MR. EAGLE: Q Ms. -- Ms. Langtry -- A Yes. Q -- did you have an occasion to run into a Department of Transportation employee at one of your locations recently? A Yes, I did. Q And do you know what his position is? A He is Scott Wheeler?s right hand man. He is a maintenance -- he goes around to all the locations to make sure everything?s running correctly. Q And did he -- did he indicate in a conversation with you any problems at the Howell westbound that might -- might increase or -- or bring about the closing of that location sooner? A Yes. He indicated that they?re not going to put any more money -- monies into that location, anything major, because of the tearing down of the location, and right now the -- the water situation there is -- is that my coffee machine is down half the time the water is -- is off and if they?re not going to put anymore -- anymore money into that location, and he also stated -- I know that this is very relative to -- or important to this situation, because I will be taking the Okemos -- Okemos route. He also told me as of year -- ?11, that they?re tearing down -- also tearing down Holt Road?s location and the building. Q Okay. Now -- A And I just found that out just -- just a few days ago. Q Did -- with respect to the Howell east -- westbound, you -- does that -- the condition with your coffee machine, does that have a potential of creating a safety or health hazard to the publish? A I would -- MR. HULL: Objection to relevance. THE WITNESS: I would think so, sure. ALJ MEADE: All right. I?ll note your objection. You can answer, ma?am. by MR. EAGLE: Q What did you say? What -- what did you say? A I would -- yes, I would say so. I?ve been getting -- I?ve been getting complaints about the taste of the coffee and -- and also -- and it really runs into my income of the machine being down three-fourths of the time. Q Okay. Now, after -- after you learned from Mr. Hull that the -- the -- the Department of Transportation supposedly was going to keep the eastbound or westbound Howell open because of lack of funding, did you ask me to do some research and -- A Yes, I did. Q -- either verify or -- or -- or make sure that that information was correct? MR. HULL: Objection; leading. THE WITNESS: Yes, I did. ALJ MEADE: All right. I?ll note your objection. I?ll allow the question. by MR. EAGLE: Q So your answer was yes? A Yes. Q And do you recall what -- what my research came up with? A The -- you?re talking about the -- the newspaper article? Q No. It would have to do with the Department of Transportation and Brighton. A The -- the -- oh, you?re talking about the -- my mind?s a blank here. Repeat that question. Q Did -- did I get information from the Department of Transportation in Brighton? A Yes, you did. Q And what was the essence -- do you know what the -- A They -- yeah, they -- they -- yes, they told -- they told -- they said that they -- they do have -- they do have the monies to proceed with the project, and -- and it would -- it would be -- it would be either -- either beginning of ?12 or the end, but they -- and possibly before that. MR. HULL: Objection, Your Honor; hearsay. He?s asking the witness to testify as to information that he gathered from another source. ALJ MEADE: All right. MR. HULL: Without providing any documentation at this moment to validate that information. ALJ MEADE: All right. Do you have some documentation -- MR. EAGLE: We?d like to introduce that. ALJ MEADE: Okay. I thought that?s where you were going. MR. EAGLE: This is our -- this is an e-mail that -- back and forth from myself to the project director at the Brighton center that is handling the Howell project, and his response as to the status of it. ALJ MEADE: And Mr. Hull, any objection to proposed Exhibit Two? MR. HULL: Only again that this isn?t germane to the -- the matter of the hearing today. ALJ MEADE: All right. I?ll note that objection again and accept Exhibit Two. (WHEREUPON, PX2 was admitted at this time) ALJ MEADE: Go ahead, Mr. Eagle. MR. EAGLE: Okay. I don't -- I don't have anything further for Ms. Langtry at this time, but I may have to recall her if our witness doesn?t appear. ALJ MEADE: All right. And Mr. Hull, questions for Ms. Langtry. MR. HULL: Well, first I?d like to object to Petitioner?s Exhibit Two again, based on the fact that it was never authenticated. ALJ MEADE: All right. I?ll note your objection. Cross-Examination by MR. HULL: Q Risa, how are you doing this morning? A I?m fine. Q Today, is the Howell westbound rest area open? A Today is it open? Q Yes. Yes or no? A Yes, it is. Q And as of this date, have you been awarded another facility? MR. EAGLE: Objection. The same as his. It?s not germane to the hearing here. ALJ MEADE: All right. I?ll note your objection. I?ll -- I?ll allow her to answer. MR. EAGLE: Other than for settlement purposes. ALJ MEADE: All right. You can answer, ma?am. Do you need him to repeat -- THE WITNESS: Could you repeat the question? by MR. HULL: Q As of today, have you been awarded another facility? A Yes, I have. Q Okay. I?d like to call your attention to the -- the exhibits that were presented on your behalf. The first exhibit, Exhibit One, the -- the news story -- A The what? Q The news article from the Livingston County Press, I believe it is. A Mm-hmm. Q You said that that article said that all the funding was in place? A Yes, it is. MR. HULL: Your Honor, if I could have an excerpt of that article read into the record. ALJ MEADE: Okay, go ahead. MS. ZANGER: ?The project still depends on formal funding commitments from several other agencies and funding sources, including the Michigan Department of Transportation in Genoa Township, said road commission managing director, Mike Crane (ph).? by MR. HULL: Q So, you?re saying that this article said that all the funding was in place, but actually one of the passages in the article stating that funding was not yet secured from all sources; is that correct? A We -- my understanding is the -- is the funding is there; federal and state has the funding to proceed to go on with the project. Q Okay. Let me now go -- take you to Exhibit Two. You?re stating that this is an e-mail that stated that MDOT said that the project will move forward. MR. HULL: If I could have an excerpt of that document read into the record? ALJ MEADE: Okay. MS. ZANGER: ?There are still some funding issues that need to be resolved, and if they are, this project will likely go to light in the fall of 2011 or 2012/13 construction schedule.? MR. HULL: Okay. by MR. HULL: Q So are you still maintaining that this document says that the project will move forward? A At the -- at the -- at the time when this e-mail was sent to us, it did say that. But since then, things have happened for -- has gone forward with stating now they have -- they have the monies to go forward with the -- tearing down the location. Q Okay, thank you. MR. HULL: No more questions, Your Honor. ALJ MEADE: All right. And Mr. Eagle, any other questions? Redirect Examination by MR. EAGLE: Q Ms. -- Ms. Langtry, is it your understanding that -- that if this -- if this -- the details on the funding are not worked out, that there -- there will be a great loss of federal funds towards this project? MR. HULL: Objection; speculation. THE WITNESS: Correct. ALJ MEADE: All right. I?ll note your objection. You can answer, ma?am. by MR. EAGLE: Q Is that -- is that your understanding? A Yes, it is. Q And -- A Understanding if -- if they don?t go forward with -- with this -- with the -- with this -- with this project, that they will lose their match money. Q And is -- is it your understanding that they -- they are committed to capturing those federal funds? A Correct. MR. EAGLE: I have nothing further. ALJ MEADE: All right, thank you. And why don?t we take a short break. We?ll come back in about five minutes or so. MR. EAGLE: Okay. (WHEREUPON, a brief recess was taken at this time) ALJ MEADE: And we?re back on the record in the matter of Risa Patrick-Langtry versus Michigan Commission for the Blind. And Mr. Eagle, your next witness? MR. EAGLE: We?ll -- he was on his way down -- ALJ MEADE: Oh, okay. What?s the witness?s name? MR. EAGLE: Dave Robinson. ALJ MEADE: Okay. MR. HULL: Your Honor, if I could ask the relevance of this witness. ALJ MEADE: I have no idea. I guess we?ll find out. MR. HULL: And this -- was not the promotional -- for that facility at the time of -- of the hearing request and is -- is not currently an employee with the Commission for the Blind. Was not in a management position to oversee the disposition of this facility. I guess I?m asking the Petitioner to -- to provide a reference as to why this -- this testimony is relevant. ALJ MEADE: Well, I?ll -- I?ll let him testify, and we can just the relevancy of it after -- after he does. MR. HULL: Very well. Thank you, Your Honor. ALJ MEADE: All right. Why don?t we go off the record, just so we don?t have a lot of dead air on there while we?re waiting? (proceedings concluded at this time) -------------- next part -------------- An HTML attachment was scrubbed... URL: From f.wurtzel at att.net Wed Jun 27 02:01:04 2012 From: f.wurtzel at att.net (Fred Wurtzel) Date: Tue, 26 Jun 2012 22:01:04 -0400 Subject: [Vendorsmi] worth a re-reading here me thinks? In-Reply-To: <4395BE95E1AD4BCA9F20DB5E7E4189C0@Reputercat> References: <4395BE95E1AD4BCA9F20DB5E7E4189C0@Reputercat> Message-ID: <006c01cd5408$b5f6e2e0$21e4a8a0$@att.net> hi Joe, This needs to be read from Risa's perspective when she was in Howell. Then it makes sense. Warmest Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Tuesday, June 26, 2012 8:37 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] worth a re-reading here me thinks? All I"m getting from this is that the operator was to be transfered to Okemos (which has happened), and that the BEP take steps to expand the route in the event of Holdt being torn down. What should be added to Okemos specifically is not indicated in the text of this decission. ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Tuesday, June 26, 2012 18:14 Subject: [Vendorsmi] worth a re-reading here me thinks? STATE OF MIICHIGAN STATE OFFICE Of ADMINISTRATIVE HEARINGS AND RULES In the matter of Docket No. 2009-1705 Risa Patrick-Langtry, Agency No. n/a Petitioner v Agency: Michigan Commission Michigan Commissionfor the For The Blind Blind, Respondent Case Type: Appeal Issued and entered This 3rd day of December, 2010 by Robert J. Meade Administrative Law Judge RECOMMENDED DECISION OF THE ADMINISTRATIVE LAW JUDGE PROCEDURAL FINDINGS This is a proceeding conducted pursuant to 1978 PA260, as amended, MCL 393.351 et seq. (Act 260) and Chapter IV of 1969 PA 306, as amended, MCL 24.271 et seq. (Act 306). Petitioner, Risa Patrick-Langtry (Petitioner) filed a request for an administrative hearing on ,or about November 12, 2009. On December 4, 2009, the Respondent, Michigan Commission for the Blind (Respondent or Docket No. 2009-1705 Page 2 Commission) forwarded a Request for Hearing to the State Office of Administrative Hearings and Rules and a hearing was scheduled for January 28, 2010. On January 26, 2010, Petitioner submitted a Request for Hearing Continuance due to complications arising out of Petitioner's treatment for breast cancer. The request was granted and an Order Granting Adjournment was issued on February 2, 2010, rescheduling the hearing for April 8, 2010. On April 7, 2010, Petitioner submitted a second Request for Hearing Continuance because Petitioner had not yet recovered sufficiently from her medical condition to participate in the hearing. The request was granted and an Order Granting Adjournment was issued on April 16, 2010, rescheduling the hearing for June 24, 2010. On June 21, 2010, Petitioner submitted a third Request for Hearing Continuance because she had to be in Ann Arbor for a medical appointment following recent eye surgery. The request was granted and an Order Granting Adjournment was issued on June 25, 2010. , rescheduling the hearing for July 20, 2010. On June 30, 2010, the Respondent submitted a Request for Adjournment because material witnesses were unavailable on the scheduled hearing date. The Respondent also requested that a Telephone Pre-Hearing Conference be scheduled because it believed that the matter could be settled Docket No. 2009-1705 Page 3 short of holding a full evidentiary proceeding. The request was granted and on July 15, 2010 an Order Granting Adjournment and Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for August 2, 2010. A Telephone Prehearing Conference was held on August 2, 2010, at which time the parties discussed whether the issue of the hearing had become moot. The parties agreed to exchange information and advise the court by August 24, 2010 whether there was still a need for a hearing. On August 30, 2010, the Petitioner advised that she still wished to proceed to a hearing. On September 1, 2010, the Respondent objected to Petitioner requesting a hearing past the August 24, 2010 deadline. Respondent also requested another Telephone Prehearing Conference be scheduled so the parties could identify the issue for the hearing. On September 3, 2010, ail Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for October 5, 2010. On October 8, 2010, an Order Scheduling Telephone Prehearing Conference was issued, scheduling the conference for October 14, 2010. Following the Telephone Prehearing Conference, an Order for Continuance was issued on October 20, 2010, scheduling the hearing for Docket No. 2009-1705 Page 4 November 29, 2010 at 9:00 a.m. The November29,2010 hearing proceeded as scheduled. Terry Eagle appeared on behalf of the Petitioner. James Hull appeared on behalf of the Respondent. The record was closed November29, Petitioner's Witnesses: Fred Wurtzel Risa Patrick-Langtry David Robinson Respondent's Witnesses: Constance Zanger Petitioner's Exhibits: Exhibit 1 -Article from Livingston Daily Exhibit 2 - Email Exchange with Mark Geib Exhibit 3 - Route Comparison Respondent's Exhibits: Exhibit A - EOC Meeting Minutes , Exhibit B - EOC Motions ISSUE Was the Commission's reorganization of various vending routes discriminatory to Petitioner under Act 260? FINDINGS OF FACT 1. Petitioner entered the Business Enterprise Program (BEP) in 2000 and became a roadside vendor in 2004 when she took over the Howell, Michigan vending route. The route consisted of two rest areas: one eastbound and one westbound on Interstate 96 (1-96) near Howell, Docket No. 2009-1705 Page 5 Michigan. The Howell vending route had previously included a very lucrative rest area near Novi, Michigan, but that rest area had already been permanently closed by the Michigan Department of Transportation (MDOT) by the time Petitioner took over the route. 2. In 2009, MDOT announced plans to close the westbound Howell rest area in the spring of 2010 in order to construct a new entrance ramp to I- 96. Petitioner estimated that the closure would result in a decrease in sales and income of approximately 60%. 3 . Also in 2009, the operator of the Okemos vending route, which included the Okemos rest area, the Woodbury rest area, and the Dewitt rest area, decided to retire. Since part of Petitioner's route was going to be shut down, she proposed that the Okemos rest area and the Holt rest area be added to her route. 4. Initially Commission staff recommended to the Elected Operators committee (EOC) that Petitioner's Howell eastbound rest area be added to the Okemos vending route, however, the program manager decided to honor an earlier EOC motion and assigned the Dewitt rest area to the Mt. Pleasant vending route and assigned the Holt Road rest area to the Okemos vending route and bid the Okemos route out in this Docket No. 2009-1705 Page 6 configuration (Okemos rest area, Holt Road rest 'area and Woodbury Road rest area). The Okemos vending route went to someone with more seniority than Petitioner. 5. The BEP has a policy which states that vending route sales should be a minimum of $150,000 annually with a goal of $200,000 annually. Once the Novi rest area was closed on the Howell vending route, the route's sales have been below $150,000 annually. Petitioner indicated that sales for Howell vending route are approximately $100,000 annually. Petitioner and Commission staff have been looking for sites to add to the Howell vending route in order to bring annual sales up to the $150,000 minimum but, to date, no sites have been added to the route. 6. The westbound Howell rest area has yet to close, due to difficulty raising money for the new 1-96 entrance ramp project. Fred Wurtzel, former BEP Program Administrator, indicated that he recently spoke to MDOT and was told that the State does not have the money for the project, but that the County (Livingston) is trying to raise the money. A recent article in the Livingston Daily indicates that Livingston County recently committed $1.3 million dollars to the project, "clearing a major hurdle for the project to proceed." [Exhibit I ]. Docket No. 2009-1705 Page 7 7. Mark S. Geib, Brighton TSC Manager, recently indicated in an email that he believes the I-96 interchange project is going forward with a 2012- 2013 construction schedule. [Exhibit 21. 8. Constance Zanger was the was the BEP Manager when the decision was made to keep the Okemos vending route intact and assign the Dewitt rest area to the Mt. Pleasant vending route. Ms. Zanger testified that she ultimately decided to follow a previous EOC motion from 2003 because the Mt. Pleasant vending route was losing a site sooner than Petitioner's route and because the decision ensured that the four area vending routes would all then meet the income threshold of 120% of the federal minimum wage, as promulgated in Rule 393.18. Ms. Zanger indicated that promulgated rules take precedence over Commission policy. 9 Petitioner has recently accepted the Okemos vending route and her change to that route should be completed in approximately 30 days. Petitioner's representative indicated that this was what Pe1:il:ioner was seeking by requesting the instant hearing, however, Petitioner indicated that she has since learned that the Holt Road rest area will be torn down and rebuilt in the fall of 201 1. Petitioner requested that her husband be Docket No. 2009-1705 Page 8 allowed to run the Howell vending route when she takes over the Okemos vending route. CONCLUSIONS OF LAW Act 260, MCL 393.355 directs the Commission among other things to: (f) Regulate concessions reserved for operation by blind persons pursuant to this act. Vending facility is defined MCL 393.351 (f) in the following manner: (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commmission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. MCL 393.355 (g) permits Respondent to promulgate rules to implement the above provisions. Pursuant to this authority, Administrative Rules R 393.1 through 393.56 took effect October 1, 2004. Rule 393.18 outlines the Commission's responsibilities with regard to vending facility sites: R 393.18 Commission responsibilities; vending facility site; equipment. Rule 18. The commission shall do all of the following: (a) Determine if a potential site is suitable for a vending facility. In a building where more than I vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after Docket No. 2009-4765 Page 9 being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40 hour workweek. Rule 52 outlines the creation, powers and duties of committees: R 393.52 Committee; creation; powers and duties. Rule 52. ( I ) The committee shall consist of 11 members elected by the licensees. The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees. (2) The committee shall do all of the following: (a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267. (b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program. Docket NO.2009-1705 Page 10 (c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances. (d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees. (e) Actively participate with the commission in the development of training and retraining programs for licensees. (f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state. (g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it. (h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency. (i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program. (j)Record and transcribe committee minutes. (3) The subcommittee chairperson shall ensure that subcornmittee members are notified of subcommittee meetings. (4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year. (5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify .the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected. Docket No. 2089-7 765 Page 11 There is no provision in Act 260 that guarantees a certain amount of income to those placed in cafeterias or vending facilities. Both the Act and rules are an attempt to provide income to blind persons. There is no guarantee that this goal will be achieved, nor is there any guarantee that any facility will achieve a specific sales goal. Obviously, unforeseen events may cause a location to close or a facility to suffer decreased sales. The rules promulgated by the Commission provide that routes should return an income to operators of 120% of the federal minimum wage. It is not alleged here by Petitioner that the Howell vending route has failed to live up to the requirements of this Rule. While the Commission also has a policy which states that sales on vending routes should equal $150,000 per year as a minimum, with a goal of $200,000, that policy is trumped by the properly promulgated administrative rule. With that said, it certainly would have been beneficial to Petitioner had the Okemos vending route been split up and parts of it added to her Howell vending route. At one EOC meeting, this is exactly what was proposed and had the Commission decided to adopt that proposal, the three remaining routes would have all met the $150,000 annual sales goal, at least until the Mt. Pleasant route lost the MPRPC site. However, the westbound Howell rest area has still not been closed and the MPRPC site has long since closed, so it is Docket No.2089-1765 Page 12 difficult to find that the Commission made the wrong decision. In addition, Petitioner has recently been awarded the Okemos vending route, which is what her representative indicated at the hearing was her goal. As such, it is recommended that the Commission follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 201 1. RECOMMENDED DECISION I recommend that the Commission for the Blind follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 2011. ROBERT J. MEADE ADMINIS'TRATIVE LAW JUDGE Docket No. 2009-1705 Page 13 PROOF OF SERVlCE I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to then via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 3rd day of December, 2010. Lenore Baker State Office of Administrative Hearings and Rules Risa Patrick-Langtry 229 S Clemens Ave Lansing, MI 48912 Carla Haynes Michigan Commission for the Blind 201 N Washington, 2nd Floor Lansing, WII 48909 Constance Zanger Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 James Hull Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 Joseph Pelle Michigan Commission for the Blind 3038 W Grand Blvd, Suite 4-450 Detroit, MI 48202 Terry Eagle 2000 Boston Blvd, Apt C19 Lansing, MI 48910 _____ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Wed Jun 27 11:38:39 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Wed, 27 Jun 2012 07:38:39 -0400 Subject: [Vendorsmi] worth a re-reading here me thinks? References: <4395BE95E1AD4BCA9F20DB5E7E4189C0@Reputercat> <006c01cd5408$b5f6e2e0$21e4a8a0$@att.net> Message-ID: Yes and I must add no one has received all of the exhibits and the transcript was messed up. But, in both instances MAHS and, to a lessor degree in this case the agency, were at fault. So who pays for this? Why, of course the blind person and the victim. Justice delayed is justice denied. Joe ----- Original Message ----- From: Fred Wurtzel To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' Sent: Tuesday, June 26, 2012 10:01 PM Subject: Re: [Vendorsmi] worth a re-reading here me thinks? hi Joe, This needs to be read from Risa's perspective when she was in Howell. Then it makes sense. Warmest Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Tuesday, June 26, 2012 8:37 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] worth a re-reading here me thinks? All I"m getting from this is that the operator was to be transfered to Okemos (which has happened), and that the BEP take steps to expand the route in the event of Holdt being torn down. What should be added to Okemos specifically is not indicated in the text of this decission. ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Tuesday, June 26, 2012 18:14 Subject: [Vendorsmi] worth a re-reading here me thinks? STATE OF MIICHIGAN STATE OFFICE Of ADMINISTRATIVE HEARINGS AND RULES In the matter of Docket No. 2009-1705 Risa Patrick-Langtry, Agency No. n/a Petitioner v Agency: Michigan Commission Michigan Commissionfor the For The Blind Blind, Respondent Case Type: Appeal Issued and entered This 3rd day of December, 2010 by Robert J. Meade Administrative Law Judge RECOMMENDED DECISION OF THE ADMINISTRATIVE LAW JUDGE PROCEDURAL FINDINGS This is a proceeding conducted pursuant to 1978 PA260, as amended, MCL 393.351 et seq. (Act 260) and Chapter IV of 1969 PA 306, as amended, MCL 24.271 et seq. (Act 306). Petitioner, Risa Patrick-Langtry (Petitioner) filed a request for an administrative hearing on ,or about November 12, 2009. On December 4, 2009, the Respondent, Michigan Commission for the Blind (Respondent or Docket No. 2009-1705 Page 2 Commission) forwarded a Request for Hearing to the State Office of Administrative Hearings and Rules and a hearing was scheduled for January 28, 2010. On January 26, 2010, Petitioner submitted a Request for Hearing Continuance due to complications arising out of Petitioner's treatment for breast cancer. The request was granted and an Order Granting Adjournment was issued on February 2, 2010, rescheduling the hearing for April 8, 2010. On April 7, 2010, Petitioner submitted a second Request for Hearing Continuance because Petitioner had not yet recovered sufficiently from her medical condition to participate in the hearing. The request was granted and an Order Granting Adjournment was issued on April 16, 2010, rescheduling the hearing for June 24, 2010. On June 21, 2010, Petitioner submitted a third Request for Hearing Continuance because she had to be in Ann Arbor for a medical appointment following recent eye surgery. The request was granted and an Order Granting Adjournment was issued on June 25, 2010. , rescheduling the hearing for July 20, 2010. On June 30, 2010, the Respondent submitted a Request for Adjournment because material witnesses were unavailable on the scheduled hearing date. The Respondent also requested that a Telephone Pre-Hearing Conference be scheduled because it believed that the matter could be settled Docket No. 2009-1705 Page 3 short of holding a full evidentiary proceeding. The request was granted and on July 15, 2010 an Order Granting Adjournment and Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for August 2, 2010. A Telephone Prehearing Conference was held on August 2, 2010, at which time the parties discussed whether the issue of the hearing had become moot. The parties agreed to exchange information and advise the court by August 24, 2010 whether there was still a need for a hearing. On August 30, 2010, the Petitioner advised that she still wished to proceed to a hearing. On September 1, 2010, the Respondent objected to Petitioner requesting a hearing past the August 24, 2010 deadline. Respondent also requested another Telephone Prehearing Conference be scheduled so the parties could identify the issue for the hearing. On September 3, 2010, ail Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for October 5, 2010. On October 8, 2010, an Order Scheduling Telephone Prehearing Conference was issued, scheduling the conference for October 14, 2010. Following the Telephone Prehearing Conference, an Order for Continuance was issued on October 20, 2010, scheduling the hearing for Docket No. 2009-1705 Page 4 November 29, 2010 at 9:00 a.m. The November29,2010 hearing proceeded as scheduled. Terry Eagle appeared on behalf of the Petitioner. James Hull appeared on behalf of the Respondent. The record was closed November29, Petitioner's Witnesses: Fred Wurtzel Risa Patrick-Langtry David Robinson Respondent's Witnesses: Constance Zanger Petitioner's Exhibits: Exhibit 1 -Article from Livingston Daily Exhibit 2 - Email Exchange with Mark Geib Exhibit 3 - Route Comparison Respondent's Exhibits: Exhibit A - EOC Meeting Minutes , Exhibit B - EOC Motions ISSUE Was the Commission's reorganization of various vending routes discriminatory to Petitioner under Act 260? FINDINGS OF FACT 1. Petitioner entered the Business Enterprise Program (BEP) in 2000 and became a roadside vendor in 2004 when she took over the Howell, Michigan vending route. The route consisted of two rest areas: one eastbound and one westbound on Interstate 96 (1-96) near Howell, Docket No. 2009-1705 Page 5 Michigan. The Howell vending route had previously included a very lucrative rest area near Novi, Michigan, but that rest area had already been permanently closed by the Michigan Department of Transportation (MDOT) by the time Petitioner took over the route. 2. In 2009, MDOT announced plans to close the westbound Howell rest area in the spring of 2010 in order to construct a new entrance ramp to I- 96. Petitioner estimated that the closure would result in a decrease in sales and income of approximately 60%. 3 . Also in 2009, the operator of the Okemos vending route, which included the Okemos rest area, the Woodbury rest area, and the Dewitt rest area, decided to retire. Since part of Petitioner's route was going to be shut down, she proposed that the Okemos rest area and the Holt rest area be added to her route. 4. Initially Commission staff recommended to the Elected Operators committee (EOC) that Petitioner's Howell eastbound rest area be added to the Okemos vending route, however, the program manager decided to honor an earlier EOC motion and assigned the Dewitt rest area to the Mt. Pleasant vending route and assigned the Holt Road rest area to the Okemos vending route and bid the Okemos route out in this Docket No. 2009-1705 Page 6 configuration (Okemos rest area, Holt Road rest 'area and Woodbury Road rest area). The Okemos vending route went to someone with more seniority than Petitioner. 5. The BEP has a policy which states that vending route sales should be a minimum of $150,000 annually with a goal of $200,000 annually. Once the Novi rest area was closed on the Howell vending route, the route's sales have been below $150,000 annually. Petitioner indicated that sales for Howell vending route are approximately $100,000 annually. Petitioner and Commission staff have been looking for sites to add to the Howell vending route in order to bring annual sales up to the $150,000 minimum but, to date, no sites have been added to the route. 6. The westbound Howell rest area has yet to close, due to difficulty raising money for the new 1-96 entrance ramp project. Fred Wurtzel, former BEP Program Administrator, indicated that he recently spoke to MDOT and was told that the State does not have the money for the project, but that the County (Livingston) is trying to raise the money. A recent article in the Livingston Daily indicates that Livingston County recently committed $1.3 million dollars to the project, "clearing a major hurdle for the project to proceed." [Exhibit I ]. Docket No. 2009-1705 Page 7 7. Mark S. Geib, Brighton TSC Manager, recently indicated in an email that he believes the I-96 interchange project is going forward with a 2012- 2013 construction schedule. [Exhibit 21. 8. Constance Zanger was the was the BEP Manager when the decision was made to keep the Okemos vending route intact and assign the Dewitt rest area to the Mt. Pleasant vending route. Ms. Zanger testified that she ultimately decided to follow a previous EOC motion from 2003 because the Mt. Pleasant vending route was losing a site sooner than Petitioner's route and because the decision ensured that the four area vending routes would all then meet the income threshold of 120% of the federal minimum wage, as promulgated in Rule 393.18. Ms. Zanger indicated that promulgated rules take precedence over Commission policy. 9 Petitioner has recently accepted the Okemos vending route and her change to that route should be completed in approximately 30 days. Petitioner's representative indicated that this was what Pe1:il:ioner was seeking by requesting the instant hearing, however, Petitioner indicated that she has since learned that the Holt Road rest area will be torn down and rebuilt in the fall of 201 1. Petitioner requested that her husband be Docket No. 2009-1705 Page 8 allowed to run the Howell vending route when she takes over the Okemos vending route. CONCLUSIONS OF LAW Act 260, MCL 393.355 directs the Commission among other things to: (f) Regulate concessions reserved for operation by blind persons pursuant to this act. Vending facility is defined MCL 393.351 (f) in the following manner: (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commmission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. MCL 393.355 (g) permits Respondent to promulgate rules to implement the above provisions. Pursuant to this authority, Administrative Rules R 393.1 through 393.56 took effect October 1, 2004. Rule 393.18 outlines the Commission's responsibilities with regard to vending facility sites: R 393.18 Commission responsibilities; vending facility site; equipment. Rule 18. The commission shall do all of the following: (a) Determine if a potential site is suitable for a vending facility. In a building where more than I vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after Docket No. 2009-4765 Page 9 being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40 hour workweek. Rule 52 outlines the creation, powers and duties of committees: R 393.52 Committee; creation; powers and duties. Rule 52. ( I ) The committee shall consist of 11 members elected by the licensees. The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees. (2) The committee shall do all of the following: (a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267. (b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program. Docket NO.2009-1705 Page 10 (c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances. (d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees. (e) Actively participate with the commission in the development of training and retraining programs for licensees. (f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state. (g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it. (h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency. (i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program. (j)Record and transcribe committee minutes. (3) The subcommittee chairperson shall ensure that subcornmittee members are notified of subcommittee meetings. (4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year. (5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify .the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected. Docket No. 2089-7 765 Page 11 There is no provision in Act 260 that guarantees a certain amount of income to those placed in cafeterias or vending facilities. Both the Act and rules are an attempt to provide income to blind persons. There is no guarantee that this goal will be achieved, nor is there any guarantee that any facility will achieve a specific sales goal. Obviously, unforeseen events may cause a location to close or a facility to suffer decreased sales. The rules promulgated by the Commission provide that routes should return an income to operators of 120% of the federal minimum wage. It is not alleged here by Petitioner that the Howell vending route has failed to live up to the requirements of this Rule. While the Commission also has a policy which states that sales on vending routes should equal $150,000 per year as a minimum, with a goal of $200,000, that policy is trumped by the properly promulgated administrative rule. With that said, it certainly would have been beneficial to Petitioner had the Okemos vending route been split up and parts of it added to her Howell vending route. At one EOC meeting, this is exactly what was proposed and had the Commission decided to adopt that proposal, the three remaining routes would have all met the $150,000 annual sales goal, at least until the Mt. Pleasant route lost the MPRPC site. However, the westbound Howell rest area has still not been closed and the MPRPC site has long since closed, so it is Docket No.2089-1765 Page 12 difficult to find that the Commission made the wrong decision. In addition, Petitioner has recently been awarded the Okemos vending route, which is what her representative indicated at the hearing was her goal. As such, it is recommended that the Commission follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 201 1. RECOMMENDED DECISION I recommend that the Commission for the Blind follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 2011. ROBERT J. MEADE ADMINIS'TRATIVE LAW JUDGE Docket No. 2009-1705 Page 13 PROOF OF SERVlCE I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to then via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 3rd day of December, 2010. Lenore Baker State Office of Administrative Hearings and Rules Risa Patrick-Langtry 229 S Clemens Ave Lansing, MI 48912 Carla Haynes Michigan Commission for the Blind 201 N Washington, 2nd Floor Lansing, WII 48909 Constance Zanger Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 James Hull Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 Joseph Pelle Michigan Commission for the Blind 3038 W Grand Blvd, Suite 4-450 Detroit, MI 48202 Terry Eagle 2000 Boston Blvd, Apt C19 Lansing, MI 48910 ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Wed Jun 27 18:13:33 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 27 Jun 2012 14:13:33 -0400 Subject: [Vendorsmi] worth a re-reading here me thinks? References: <4395BE95E1AD4BCA9F20DB5E7E4189C0@Reputercat><006c01cd5408$b5f6e2e0$21e4a8a0$@att.net> Message-ID: <4FFD3CE4D92C43A8AC53AA2E926E1F50@Reputercat> Has there been any response from Cannon or the BEP, Fred? ----- Original Message ----- From: joe harcz Comcast To: NFB of Michigan Vendors List Sent: Wednesday, June 27, 2012 7:38 Subject: Re: [Vendorsmi] worth a re-reading here me thinks? Yes and I must add no one has received all of the exhibits and the transcript was messed up. But, in both instances MAHS and, to a lessor degree in this case the agency, were at fault. So who pays for this? Why, of course the blind person and the victim. Justice delayed is justice denied. Joe ----- Original Message ----- From: Fred Wurtzel To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' Sent: Tuesday, June 26, 2012 10:01 PM Subject: Re: [Vendorsmi] worth a re-reading here me thinks? hi Joe, This needs to be read from Risa's perspective when she was in Howell. Then it makes sense. Warmest Regards, Fred From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Tuesday, June 26, 2012 8:37 PM To: NFB of Michigan Vendors List Subject: Re: [Vendorsmi] worth a re-reading here me thinks? All I"m getting from this is that the operator was to be transfered to Okemos (which has happened), and that the BEP take steps to expand the route in the event of Holdt being torn down. What should be added to Okemos specifically is not indicated in the text of this decission. ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Tuesday, June 26, 2012 18:14 Subject: [Vendorsmi] worth a re-reading here me thinks? STATE OF MIICHIGAN STATE OFFICE Of ADMINISTRATIVE HEARINGS AND RULES In the matter of Docket No. 2009-1705 Risa Patrick-Langtry, Agency No. n/a Petitioner v Agency: Michigan Commission Michigan Commissionfor the For The Blind Blind, Respondent Case Type: Appeal Issued and entered This 3rd day of December, 2010 by Robert J. Meade Administrative Law Judge RECOMMENDED DECISION OF THE ADMINISTRATIVE LAW JUDGE PROCEDURAL FINDINGS This is a proceeding conducted pursuant to 1978 PA260, as amended, MCL 393.351 et seq. (Act 260) and Chapter IV of 1969 PA 306, as amended, MCL 24.271 et seq. (Act 306). Petitioner, Risa Patrick-Langtry (Petitioner) filed a request for an administrative hearing on ,or about November 12, 2009. On December 4, 2009, the Respondent, Michigan Commission for the Blind (Respondent or Docket No. 2009-1705 Page 2 Commission) forwarded a Request for Hearing to the State Office of Administrative Hearings and Rules and a hearing was scheduled for January 28, 2010. On January 26, 2010, Petitioner submitted a Request for Hearing Continuance due to complications arising out of Petitioner's treatment for breast cancer. The request was granted and an Order Granting Adjournment was issued on February 2, 2010, rescheduling the hearing for April 8, 2010. On April 7, 2010, Petitioner submitted a second Request for Hearing Continuance because Petitioner had not yet recovered sufficiently from her medical condition to participate in the hearing. The request was granted and an Order Granting Adjournment was issued on April 16, 2010, rescheduling the hearing for June 24, 2010. On June 21, 2010, Petitioner submitted a third Request for Hearing Continuance because she had to be in Ann Arbor for a medical appointment following recent eye surgery. The request was granted and an Order Granting Adjournment was issued on June 25, 2010. , rescheduling the hearing for July 20, 2010. On June 30, 2010, the Respondent submitted a Request for Adjournment because material witnesses were unavailable on the scheduled hearing date. The Respondent also requested that a Telephone Pre-Hearing Conference be scheduled because it believed that the matter could be settled Docket No. 2009-1705 Page 3 short of holding a full evidentiary proceeding. The request was granted and on July 15, 2010 an Order Granting Adjournment and Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for August 2, 2010. A Telephone Prehearing Conference was held on August 2, 2010, at which time the parties discussed whether the issue of the hearing had become moot. The parties agreed to exchange information and advise the court by August 24, 2010 whether there was still a need for a hearing. On August 30, 2010, the Petitioner advised that she still wished to proceed to a hearing. On September 1, 2010, the Respondent objected to Petitioner requesting a hearing past the August 24, 2010 deadline. Respondent also requested another Telephone Prehearing Conference be scheduled so the parties could identify the issue for the hearing. On September 3, 2010, ail Order Scheduling Telephone Prehearing Conference was issued, scheduling the prehearing conference for October 5, 2010. On October 8, 2010, an Order Scheduling Telephone Prehearing Conference was issued, scheduling the conference for October 14, 2010. Following the Telephone Prehearing Conference, an Order for Continuance was issued on October 20, 2010, scheduling the hearing for Docket No. 2009-1705 Page 4 November 29, 2010 at 9:00 a.m. The November29,2010 hearing proceeded as scheduled. Terry Eagle appeared on behalf of the Petitioner. James Hull appeared on behalf of the Respondent. The record was closed November29, Petitioner's Witnesses: Fred Wurtzel Risa Patrick-Langtry David Robinson Respondent's Witnesses: Constance Zanger Petitioner's Exhibits: Exhibit 1 -Article from Livingston Daily Exhibit 2 - Email Exchange with Mark Geib Exhibit 3 - Route Comparison Respondent's Exhibits: Exhibit A - EOC Meeting Minutes , Exhibit B - EOC Motions ISSUE Was the Commission's reorganization of various vending routes discriminatory to Petitioner under Act 260? FINDINGS OF FACT 1. Petitioner entered the Business Enterprise Program (BEP) in 2000 and became a roadside vendor in 2004 when she took over the Howell, Michigan vending route. The route consisted of two rest areas: one eastbound and one westbound on Interstate 96 (1-96) near Howell, Docket No. 2009-1705 Page 5 Michigan. The Howell vending route had previously included a very lucrative rest area near Novi, Michigan, but that rest area had already been permanently closed by the Michigan Department of Transportation (MDOT) by the time Petitioner took over the route. 2. In 2009, MDOT announced plans to close the westbound Howell rest area in the spring of 2010 in order to construct a new entrance ramp to I- 96. Petitioner estimated that the closure would result in a decrease in sales and income of approximately 60%. 3 . Also in 2009, the operator of the Okemos vending route, which included the Okemos rest area, the Woodbury rest area, and the Dewitt rest area, decided to retire. Since part of Petitioner's route was going to be shut down, she proposed that the Okemos rest area and the Holt rest area be added to her route. 4. Initially Commission staff recommended to the Elected Operators committee (EOC) that Petitioner's Howell eastbound rest area be added to the Okemos vending route, however, the program manager decided to honor an earlier EOC motion and assigned the Dewitt rest area to the Mt. Pleasant vending route and assigned the Holt Road rest area to the Okemos vending route and bid the Okemos route out in this Docket No. 2009-1705 Page 6 configuration (Okemos rest area, Holt Road rest 'area and Woodbury Road rest area). The Okemos vending route went to someone with more seniority than Petitioner. 5. The BEP has a policy which states that vending route sales should be a minimum of $150,000 annually with a goal of $200,000 annually. Once the Novi rest area was closed on the Howell vending route, the route's sales have been below $150,000 annually. Petitioner indicated that sales for Howell vending route are approximately $100,000 annually. Petitioner and Commission staff have been looking for sites to add to the Howell vending route in order to bring annual sales up to the $150,000 minimum but, to date, no sites have been added to the route. 6. The westbound Howell rest area has yet to close, due to difficulty raising money for the new 1-96 entrance ramp project. Fred Wurtzel, former BEP Program Administrator, indicated that he recently spoke to MDOT and was told that the State does not have the money for the project, but that the County (Livingston) is trying to raise the money. A recent article in the Livingston Daily indicates that Livingston County recently committed $1.3 million dollars to the project, "clearing a major hurdle for the project to proceed." [Exhibit I ]. Docket No. 2009-1705 Page 7 7. Mark S. Geib, Brighton TSC Manager, recently indicated in an email that he believes the I-96 interchange project is going forward with a 2012- 2013 construction schedule. [Exhibit 21. 8. Constance Zanger was the was the BEP Manager when the decision was made to keep the Okemos vending route intact and assign the Dewitt rest area to the Mt. Pleasant vending route. Ms. Zanger testified that she ultimately decided to follow a previous EOC motion from 2003 because the Mt. Pleasant vending route was losing a site sooner than Petitioner's route and because the decision ensured that the four area vending routes would all then meet the income threshold of 120% of the federal minimum wage, as promulgated in Rule 393.18. Ms. Zanger indicated that promulgated rules take precedence over Commission policy. 9 Petitioner has recently accepted the Okemos vending route and her change to that route should be completed in approximately 30 days. Petitioner's representative indicated that this was what Pe1:il:ioner was seeking by requesting the instant hearing, however, Petitioner indicated that she has since learned that the Holt Road rest area will be torn down and rebuilt in the fall of 201 1. Petitioner requested that her husband be Docket No. 2009-1705 Page 8 allowed to run the Howell vending route when she takes over the Okemos vending route. CONCLUSIONS OF LAW Act 260, MCL 393.355 directs the Commission among other things to: (f) Regulate concessions reserved for operation by blind persons pursuant to this act. Vending facility is defined MCL 393.351 (f) in the following manner: (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commmission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. MCL 393.355 (g) permits Respondent to promulgate rules to implement the above provisions. Pursuant to this authority, Administrative Rules R 393.1 through 393.56 took effect October 1, 2004. Rule 393.18 outlines the Commission's responsibilities with regard to vending facility sites: R 393.18 Commission responsibilities; vending facility site; equipment. Rule 18. The commission shall do all of the following: (a) Determine if a potential site is suitable for a vending facility. In a building where more than I vending facility exists, the commission may merge the facilities into a single vending facility. Facility merging may occur when 1 of the vending facilities is vacated and has not been awarded to another licensee after Docket No. 2009-4765 Page 9 being on the bid line for 2 or more weeks. Under these circumstances, applicable additional licensee training requirements shall be waived for a period to be determined by the commission board, with the active participation of the committee. The commission shall determine, with the active participation of the committee, whether a potential location is suitable for operation as a vending facility or as a satellite. The criterion for determining if a potential location is suitable for operation as a vending facility is that the potential site's net annual income is expected to be 120% of the current federal minimum wage, based upon a 40 hour workweek. Rule 52 outlines the creation, powers and duties of committees: R 393.52 Committee; creation; powers and duties. Rule 52. ( I ) The committee shall consist of 11 members elected by the licensees. The members shall serve for a period of 2 years, except that 5 initial members shall serve for 1 year and 6 initial members shall serve for 2 years. Thereafter, all members shall be elected for 2-year terms. A quorum of the committee shall annually elect, by a majority vote, 1 of its members to serve as chairperson. Committee members shall be licensees. (2) The committee shall do all of the following: (a) Meet not less than 4 times annually at places designated by the committee. The business that the committee may perform shall be conducted at a public meeting held in compliance with 1976 PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting shall be given in the manner required by 1976 PA 267. (b) Actively participate with the commission in major administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program. Docket NO.2009-1705 Page 10 (c) At the request of the licensees, receive and transmit grievances to the commission and serve as an advocate for the licensees in connection with grievances. (d) Actively participate with the commission in the development and administration of a state system for the transfer and promotion of licensees. (e) Actively participate with the commission in the development of training and retraining programs for licensees. (f) Sponsor, with the assistance of the commission, meetings and instructional conferences for licensees within the state. (g) Between regular meetings, carry on its duties through subcommittees or individual members designated by it. (h) Receive advance written notice from the commission of matters within the committee's purview that are being considered for decision. The commission may waive the requirement of advance notice in an emergency. (i) Initiate matters for consideration by the commission, and advise interested parties regarding the state's vending facilities program. (j)Record and transcribe committee minutes. (3) The subcommittee chairperson shall ensure that subcornmittee members are notified of subcommittee meetings. (4) Set-aside funds may be used for the support of committee activities, not to exceed 5% of the set-asides collected during the fiscal year. (5) The commission shall have the ultimate responsibility for administering the state vending program and may reject the recommendations of the committee. If rejection occurs, then the commission shall notify .the committee, in writing, within 15 working days of the commission's decision, informing the committee why the recommendation was rejected. Docket No. 2089-7 765 Page 11 There is no provision in Act 260 that guarantees a certain amount of income to those placed in cafeterias or vending facilities. Both the Act and rules are an attempt to provide income to blind persons. There is no guarantee that this goal will be achieved, nor is there any guarantee that any facility will achieve a specific sales goal. Obviously, unforeseen events may cause a location to close or a facility to suffer decreased sales. The rules promulgated by the Commission provide that routes should return an income to operators of 120% of the federal minimum wage. It is not alleged here by Petitioner that the Howell vending route has failed to live up to the requirements of this Rule. While the Commission also has a policy which states that sales on vending routes should equal $150,000 per year as a minimum, with a goal of $200,000, that policy is trumped by the properly promulgated administrative rule. With that said, it certainly would have been beneficial to Petitioner had the Okemos vending route been split up and parts of it added to her Howell vending route. At one EOC meeting, this is exactly what was proposed and had the Commission decided to adopt that proposal, the three remaining routes would have all met the $150,000 annual sales goal, at least until the Mt. Pleasant route lost the MPRPC site. However, the westbound Howell rest area has still not been closed and the MPRPC site has long since closed, so it is Docket No.2089-1765 Page 12 difficult to find that the Commission made the wrong decision. In addition, Petitioner has recently been awarded the Okemos vending route, which is what her representative indicated at the hearing was her goal. As such, it is recommended that the Commission follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 201 1. RECOMMENDED DECISION I recommend that the Commission for the Blind follow through with the transfer of the Okemos vending route to Petitioner and take steps to maintain sales on the route should the Holt rest area be torn down in the fall of 2011. ROBERT J. MEADE ADMINIS'TRATIVE LAW JUDGE Docket No. 2009-1705 Page 13 PROOF OF SERVlCE I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to then via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 3rd day of December, 2010. Lenore Baker State Office of Administrative Hearings and Rules Risa Patrick-Langtry 229 S Clemens Ave Lansing, MI 48912 Carla Haynes Michigan Commission for the Blind 201 N Washington, 2nd Floor Lansing, WII 48909 Constance Zanger Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 James Hull Michigan Commission for the Blind 201 N. Washington, 2nd Floor Lansing, MI 48909 Joseph Pelle Michigan Commission for the Blind 3038 W Grand Blvd, Suite 4-450 Detroit, MI 48202 Terry Eagle 2000 Boston Blvd, Apt C19 Lansing, MI 48910 -------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Thu Jun 28 05:21:34 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 28 Jun 2012 01:21:34 -0400 Subject: [Vendorsmi] Fw: Appeal to AG of final agency decision Message-ID: <25343C05B31B438A9D45DA649981D5A9@Reputercat> Here we go again! ----- Original Message ----- From: Terry Eagle To: 'Joe Sontag' Sent: Thursday, June 28, 2012 0:26 Subject: Appeal to AG of final agency decision As a request under the Michigan Freedom of Information Act, may I please have a legal citation of administrative rule or law that authorizes an appeal to the Office of the Attorney General from a final agency decision in a licensee grievance. Additionally, my request includes disclosure of whom within the Office of the Attorney General's office will be rendering such opinion, as it appears such appeal request raises serious issues of ethical conflict-of-interest, as well as the attorney canon of conduct with respect ethics in representation and full disclosure of such representation. Best regards, Terry Eagle Such appearance of ethics are raised by the fact that Ms. Zanger was observed consulting with Mr. Warren in the hallway immediately following Mr. Warren's presentation and advice to the MCB Board. -------------------------------------------------------------------------------- Sent: Wednesday, June 27, 2012 11:20 AM To: risasteve92 at yahoo.com; Terry Eagle Subject: FW: Final Agency Decision From: Zanger, Connie (LARA) [mailto:zangerc at michigan.gov] Sent: Tuesday, June 26, 2012 3:23 PM To: Risa Patrick-Langtry Cc: 'Fred Wurtzel'; Cannon, Patrick (LARA); Luzenski, Sue (LARA); Hull, James (LARA) Subject: Final Agency Decision Hello, Risa; We can appreciate your sense of urgency in initiating action in response to the Commission Board's 15 June 2012 final agency decision in Docket #2009-1705. And with the Commission, I know you, too, appreciate the complexity of the decision and its myriad implications. To ensure that we act appropriately in all aspects of this situation, the informal advice of the Attorney General is being sought and we will take action in the matter subsequent to receipt of that advice. Regards, Constance Zanger Business Enterprise Program Manager Michigan Commission for the Blind 517/335.3639 517/335.5140 (facsimile) "To contract new debts is not the way to pay old ones." GEORGE WASHINGTON, in a April 7, 1799 letter to James Welch -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 28 13:30:10 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 28 Jun 2012 09:30:10 -0400 Subject: [Vendorsmi] Fw: Appeal to AG of final agency decision References: <25343C05B31B438A9D45DA649981D5A9@Reputercat> Message-ID: <4D0ECB343A4042BF8700340C509ECEF1@YOUR7C60552B9E> This is willful insuborination of the MCB Board as it made the final agency determination on this matter. End of this story! ----- Original Message ----- From: Joe Sontag To: VENDORSMI List Sent: Thursday, June 28, 2012 1:21 AM Subject: [Vendorsmi] Fw: Appeal to AG of final agency decision Here we go again! ----- Original Message ----- From: Terry Eagle To: 'Joe Sontag' Sent: Thursday, June 28, 2012 0:26 Subject: Appeal to AG of final agency decision As a request under the Michigan Freedom of Information Act, may I please have a legal citation of administrative rule or law that authorizes an appeal to the Office of the Attorney General from a final agency decision in a licensee grievance. Additionally, my request includes disclosure of whom within the Office of the Attorney General's office will be rendering such opinion, as it appears such appeal request raises serious issues of ethical conflict-of-interest, as well as the attorney canon of conduct with respect ethics in representation and full disclosure of such representation. Best regards, Terry Eagle Such appearance of ethics are raised by the fact that Ms. Zanger was observed consulting with Mr. Warren in the hallway immediately following Mr. Warren's presentation and advice to the MCB Board. ------------------------------------------------------------------------------ Sent: Wednesday, June 27, 2012 11:20 AM To: risasteve92 at yahoo.com; Terry Eagle Subject: FW: Final Agency Decision From: Zanger, Connie (LARA) [mailto:zangerc at michigan.gov] Sent: Tuesday, June 26, 2012 3:23 PM To: Risa Patrick-Langtry Cc: 'Fred Wurtzel'; Cannon, Patrick (LARA); Luzenski, Sue (LARA); Hull, James (LARA) Subject: Final Agency Decision Hello, Risa; We can appreciate your sense of urgency in initiating action in response to the Commission Board's 15 June 2012 final agency decision in Docket #2009-1705. And with the Commission, I know you, too, appreciate the complexity of the decision and its myriad implications. To ensure that we act appropriately in all aspects of this situation, the informal advice of the Attorney General is being sought and we will take action in the matter subsequent to receipt of that advice. Regards, Constance Zanger Business Enterprise Program Manager Michigan Commission for the Blind 517/335.3639 517/335.5140 (facsimile) "To contract new debts is not the way to pay old ones." GEORGE WASHINGTON, in a April 7, 1799 letter to James Welch ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 28 16:51:50 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 28 Jun 2012 12:51:50 -0400 Subject: [Vendorsmi] also relates to bep Message-ID: June 28 2012 to MCB commissioners Paul Joseph Harcz, Jr. 1365 E. Mt. Morris Rd. Mt. Morris, MI 48458 joeharcz at comcast.net Re: EO 2012-10 and Access To: Michigan Commissioners for the Blind, Posont, Scott and Shuck via e-mail Dear Commissioners, I am writing you openly today to ask if any of you have been sent either by the Michigan commission for the Blind or the Office of Governor Rick Snyder?s office the contents of Executive Order 2012-10 in any format. Moreover, particular to blind commissioners Posont and Scott I wonder if it was provided pro forma in accessible format? Currently it is inaccessible to myself and other screen reader users as posted on the governor?s own web site as it is an untagged, scanned document. This is a stark violation of the Americans with Disabilities Act of 1990 and of Section 504 of the Rehabilitation Act of 1973. I would appreciate any response to this inquiry as soon as possible. Sincerely, Paul Joseph Harcz, Jr. Cc: NFB Cc: MPAS Cc: RSA Cc: OCR Cc: Richard Bernstein Esq. -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Thu Jun 28 18:53:38 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 28 Jun 2012 14:53:38 -0400 Subject: [Vendorsmi] even worse than 2012-10 Message-ID: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E> RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING ? 111 SOUTH CAPITOL AVENUE ? LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image001.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image002.gif Type: image/gif Size: 96 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image003.gif Type: image/gif Size: 98 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image004.gif Type: image/gif Size: 94 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... 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Name: clip_image009.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From suncat0 at gmail.com Thu Jun 28 19:34:35 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 28 Jun 2012 15:34:35 -0400 Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E> Message-ID: <69C2182531B549279455936C349786ED@Reputercat> We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING ? 111 SOUTH CAPITOL AVENUE ? LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image001.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... 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Name: clip_image009.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Thu Jun 28 19:43:44 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 28 Jun 2012 15:43:44 -0400 Subject: [Vendorsmi] {Spam?} Re: {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E> <69C2182531B549279455936C349786ED@Reputercat> Message-ID: <18B81E0A28684E8CB6BD2EF554D0ADE5@YOUR7C60552B9E> It is again a fundamental denial of due process here and Hilfinger will be dictator. Besides the quasi-judicial function of the current board is established in PA 260 and rules which no governor has the right to retroactively reverse through executive order under the Michigan Constitution. Joe Harcz ----- Original Message ----- From: Joe Sontag To: NFB of Michigan Vendors List Sent: Thursday, June 28, 2012 3:34 PM Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING ? 111 SOUTH CAPITOL AVENUE ? LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image001.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image002.gif Type: image/gif Size: 96 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image003.gif Type: image/gif Size: 98 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image004.gif Type: image/gif Size: 94 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image005.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image006.gif Type: image/gif Size: 99 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image007.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image009.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From drob1946 at gmail.com Thu Jun 28 19:53:43 2012 From: drob1946 at gmail.com (David Robinson) Date: Thu, 28 Jun 2012 15:53:43 -0400 Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 In-Reply-To: <69C2182531B549279455936C349786ED@Reputercat> References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E> <69C2182531B549279455936C349786ED@Reputercat> Message-ID: Joe, This is nothing more then another ploy for control. Its all about controlling us and destroying the rights of the blind. I know some blind people in this State will be buying into this very evil attempt to control, but I hope many will not and be willing to take to the streets, the legislature and the courts to show the stupidity of this new attempt to enslave us once again. Dave _____ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Thursday, June 28, 2012 3:35 PM To: NFB of Michigan Vendors List Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING . 111 SOUTH CAPITOL AVENUE . LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph- Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the . chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 _____ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.gif Type: image/gif Size: 96 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... 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Name: image008.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Thu Jun 28 20:00:31 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Thu, 28 Jun 2012 16:00:31 -0400 Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E><69C2182531B549279455936C349786ED@Reputercat> Message-ID: <9B4E679F375D4E5E95F8693921FD69ED@YOUR7C60552B9E> Agreed and by the way this is in stark violation of the Rehab's Act to have an "independent commission" which is clearly established under PA 260. That is the board! This is even worse than subsuming MCB as a bureau under MRS for at least on the SRC we'd have some nominal checks and balances and consumer representation. This "advisory council" stripping the powers of the MCB Board is at the core to federal illeagalities. We don't need no stinking blind advisory board! We need and demand safe guards, an independent commission with policy making and quasi-judicial authorities to protect blind consumers and operators from the abuses within the system. Oh my...I just had a nightmare flash before me...What if Hilfinger resigns as LARA Director and Cannon is put their? Sorry for this...It too shall pass. ----- Original Message ----- From: David Robinson To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' Sent: Thursday, June 28, 2012 3:53 PM Subject: Re: [Vendorsmi] {Spam?} Re: even worse than 2012-10 Joe, This is nothing more then another ploy for control. Its all about controlling us and destroying the rights of the blind. I know some blind people in this State will be buying into this very evil attempt to control, but I hope many will not and be willing to take to the streets, the legislature and the courts to show the stupidity of this new attempt to enslave us once again. Dave ------------------------------------------------------------------------------ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Thursday, June 28, 2012 3:35 PM To: NFB of Michigan Vendors List Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING . 111 SOUTH CAPITOL AVENUE . LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... 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Name: image006.gif Type: image/gif Size: 99 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image007.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image008.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Fri Jun 29 09:47:58 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 05:47:58 -0400 Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E><69C2182531B549279455936C349786ED@Reputercat> Message-ID: The more I think about it here Dave and all the more I think that Dave is right on in his terse response. This is all about the struggle for freedom, autonomy, and consumer control versus what many in NFB and other PWD movements call custodialism, paternalism, and control over our lives and our destinies as full fledged human beings. Why do some wish to strip the power of an independent commission board? To own us is the simple answer. Folks the more I examine this the more this is true and the worse this is. This is even worse than being placed like most states under the general agency. For at least under that model there would be some required representation of our interests under a Statewide Rehab Council which (albeit often abused and unfullfilled) is supposed to be independent, autonomous, consumer controlled and is to supervise the agency and to ensure it follows the state plan. Now, states have the option to have an Independent Commission for the blind which is supposed to do this and more for us. That is what is stripped away in this executive order. All checks and balances our out and we don't even get the dog and pony show of an SRC representation. It is a netherworld of technocrats that will dictate terms over the VR and RS programs here under this hidious scheme and they want to do that with no accountability over the federal funds and without any consumer control over outcomes whatsoever. We all no the bundgling and corrupt current regime. The solution is simple: Get rid of the bums! It is no solution whatsoever to exchange one set of bums who have kissed up to the apparatchek for years and simply put the whole shebang into the hands of the apparatchek itself directly. What do any of these folks know about blindness, or disabilities except they might get some federal funds to float into the general fund or other diversions? Nothing! Well grab your lunch pales ladies and gents. It's off to work at Peckham for 30 cents an hour.... Joe Harcz ----- Original Message ----- From: David Robinson To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' Sent: Thursday, June 28, 2012 3:53 PM Subject: Re: [Vendorsmi] {Spam?} Re: even worse than 2012-10 Joe, This is nothing more then another ploy for control. Its all about controlling us and destroying the rights of the blind. I know some blind people in this State will be buying into this very evil attempt to control, but I hope many will not and be willing to take to the streets, the legislature and the courts to show the stupidity of this new attempt to enslave us once again. Dave ------------------------------------------------------------------------------ From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Thursday, June 28, 2012 3:35 PM To: NFB of Michigan Vendors List Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING . 111 SOUTH CAPITOL AVENUE . LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... 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Name: image006.gif Type: image/gif Size: 99 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image007.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image008.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Fri Jun 29 10:49:51 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 06:49:51 -0400 Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E><69C2182531B549279455936C349786ED@Reputercat> Message-ID: <9500699412154B5C806C9D861B24FC15@YOUR7C60552B9E> I take it all back here. EO 2012-10 does strip away all powers vested in the Independent commission for the Blind, but strangley merges us with MRS through this: V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' ----- Original Message ----- From: joe harcz Comcast To: NFB of Michigan Vendors List Sent: Friday, June 29, 2012 5:47 AM Subject: Re: [Vendorsmi] {Spam?} Re: even worse than 2012-10 The more I think about it here Dave and all the more I think that Dave is right on in his terse response. This is all about the struggle for freedom, autonomy, and consumer control versus what many in NFB and other PWD movements call custodialism, paternalism, and control over our lives and our destinies as full fledged human beings. Why do some wish to strip the power of an independent commission board? To own us is the simple answer. Folks the more I examine this the more this is true and the worse this is. This is even worse than being placed like most states under the general agency. For at least under that model there would be some required representation of our interests under a Statewide Rehab Council which (albeit often abused and unfullfilled) is supposed to be independent, autonomous, consumer controlled and is to supervise the agency and to ensure it follows the state plan. Now, states have the option to have an Independent Commission for the blind which is supposed to do this and more for us. That is what is stripped away in this executive order. All checks and balances our out and we don't even get the dog and pony show of an SRC representation. It is a netherworld of technocrats that will dictate terms over the VR and RS programs here under this hidious scheme and they want to do that with no accountability over the federal funds and without any consumer control over outcomes whatsoever. We all no the bundgling and corrupt current regime. The solution is simple: Get rid of the bums! It is no solution whatsoever to exchange one set of bums who have kissed up to the apparatchek for years and simply put the whole shebang into the hands of the apparatchek itself directly. What do any of these folks know about blindness, or disabilities except they might get some federal funds to float into the general fund or other diversions? Nothing! Well grab your lunch pales ladies and gents. It's off to work at Peckham for 30 cents an hour.... Joe Harcz ----- Original Message ----- From: David Robinson To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' Sent: Thursday, June 28, 2012 3:53 PM Subject: Re: [Vendorsmi] {Spam?} Re: even worse than 2012-10 Joe, This is nothing more then another ploy for control. Its all about controlling us and destroying the rights of the blind. I know some blind people in this State will be buying into this very evil attempt to control, but I hope many will not and be willing to take to the streets, the legislature and the courts to show the stupidity of this new attempt to enslave us once again. Dave ---------------------------------------------------------------------------- From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Thursday, June 28, 2012 3:35 PM To: NFB of Michigan Vendors List Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING . 111 SOUTH CAPITOL AVENUE . LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 -------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... 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Name: image008.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Fri Jun 29 11:03:39 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 07:03:39 -0400 Subject: [Vendorsmi] {Spam?} Re: {Spam?} Re: even worse than 2012-10 References: <757740B207F74FB2940595ACA9F53E8E@YOUR7C60552B9E> <69C2182531B549279455936C349786ED@Reputercat> Message-ID: <8AD8025C4F7F4D05A4B739F3E1A3518B@YOUR7C60552B9E> Here are the most salient points of EO 2012-10 which are tantamount to a line item retroactive veto of key elements of PA 260: " the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished." I see nothing in the Michigan Constitution that gives any Governor to do this and this is clearly an abuse of Executive authority. In the scheme of things the only body that can legitamately reverse an act of the legislature is the legislature, or in the case of an unconstitutional finding (which isn't involved here) the Courts. This is an horrendous attack upon democracy itself. Joe Harcz ----- Original Message ----- From: Joe Sontag To: NFB of Michigan Vendors List Sent: Thursday, June 28, 2012 3:34 PM Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10 We may have gained some ground in terms of preserving the bureaucratic structure of the Commission, but we still lose our voice and our power to direct the agency that serves us. The idea that LARA's director would have the final say in BEP disputes is frightening at best. If the Bureau of Services for Blind Persons' director is tight with LARA's big cheese and doesn't like you because you don't worship the ground that he and his buddies walk on or have dared to reveal or expose truth, kiss your rights goodbye. Come to think of it, that's where we've been heading now for years. My mind is still open on all of this, but I'm not buying into it. Joe Sontag ----- Original Message ----- From: joe harcz Comcast To: Vendorsmi at nfbnet.org Sent: Thursday, June 28, 2012 14:53 Subject: [Vendorsmi] even worse than 2012-10 RICK SNYDER GOVERNOR [image: coat of arms of the state of Michigan] STATE OF MICHIGAN EXECUTIVE OFFICE LANSING BRIAN CALLEY LT, GOVERNOR EXECUTIVE ORDER No. 2012- 10 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF CIVIL RIGHTS BUREAU OF SERVICES FOR BLIND PERSONS COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN REHABILITATION COUNCIL MICHIGAN COUNCIL FOR REHABILITATION SERVICES DISABILITY CONCERNS COMMISSION RESCISSION OF EXECUTIVE ORDER 2007-48 EXECUTIVE REORGANIZATION WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. BUREAU OF SERVICES FOR BLIND PERSONS A. The Bureau of Services for Blind Persons is created as a Type II Agency within the Department of Licensing and Regulatory Affairs. The Department of Licensing and Regulatory Affairs shall serve as a Designated State Agency under the GEORGE W.ROMNEY BUILDING ? 111 SOUTH CAPITOL AVENUE ? LANSING, MICHIGAN 48909 www.michigan.gov Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons shall serve as the State Licensing Agency under the Randolph? Sheppard vending facilities for blind in federal buildings act, 20 U.S.C. 107 to 107f. B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369. 2. Section ?a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10. 3. Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51 to 252.64. 4. Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to MCL 399.510. 5. Section 4 of the Business Opportunity Act for Persons with Disabilities, 1988 PA 112, MCL450.791 to MCL450.795. C. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement of the Director of the Commission for the Blind are transferred to the Director of the Department of Licensing and Regulatory Affairs. D. Any authority, powers, duties, functions, records, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56 are transferred to the Director of the Department of Licensing and Regulatory Affairs. E. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, are transferred from the Commission for the Blind to the Director of the Department of Licensing and Regulatory Affairs. II. COMMISSION FOR BLIND PERSONS A The Commission for Blind Persons ("Commission") is created as an advisory commission within the Department of Licensing and Regulatory Affairs. 2 B. The Commission shall consist of seven members appointed by, and serving at the pleasure of, the Governor. Four of the members shall be blind persons. C. The Commission members shall have a particular interest or expertise in the concerns of the blind community. D. The Governor shall designate a member of the Commission to serve as its Chairperson. The Chairperson shall serve at the pleasure of the Governor. E. The Director of the Department of Licensing and Regulatory Affairs shall perform all budgeting, procurement, and related management functions of the Commission. F. The Commission shall do the following: 1. Study and review the needs of the blind community in this state. 2. Advise the Department of Licensing and Regulatory Affairs concerning the coordination and administration of state programs serving the blind community. 3. Recommend changes in state programs, statutes, and policies that affect the blind community to the Department of Licensing and Regulatory Affairs. 4. Secure appropriate recognition of the accomplishments and contributions of blind residents of this state. 5. Monitor, evaluate, investigate, and advocate programs for the betterment of blind residents of this state. 6. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs, of the nature, magnitude, and priorities of the challenges of blind persons in this state. 7. Advise the Governor and the Director of the Department of Licensing and Regulatory Affairs on this state's policies concerning blind individuals. Ill. MICHIGAN REHABILITATION SERVICES Michigan Rehabilitation Services is transferred by a Type II transfer from the Department of Licensing and Regulatory Affairs to the Department of Human Services. The Department of Human Services shall serve as a Designated State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement,of Michigan Rehabilitation Services, are transferred from the Department of Licensing and Regulatory Affairs to the Department of Human Services. 3 IV. IMPLEMENTATION OF TRANSFERS A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the receiving department. B. The director of the department receiving the transfer, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the director of the receiving department. C. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved. D. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. V. CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES A. The Michigan Council for Rehabilitation Services ("Council") is established within the Department of Human Services. The Council shall serve as a single state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation Services and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons.' B. The Council shall include the following seventeen (17) voting members: 1. The following members shall be appointed by the Governor, after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49 who must be the ? chairperson or other designee of the Statewide Independent Living Council. b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471. 4 c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93- 112, as amended, 29 USC 732 who must be the director of or other individual recommended by the client assistance program. d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. e. One individual representing community rehabilitation program service providers. f. Four individuals representing business, industry,.or labor. g. One individual representing the Talent Investment Board created by Executive Order 2011-13. h. At least two individuals representing disability advocacy groups, including a cross-section of the following: i. Individuals with physical, cognitive, sensory, and mental disabilities. ii. Individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves. i. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services. j. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grant.s to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies. 2. The Superintendent of Public Instruction, or his or her designee, from within the Department of Education. C. The Bureau Director of Michigan Rehabilitation Services and the Bureau Director of the Bureau of Services for Blind Persons shall serve as non-voting ex officio members of the Council. D. A majority of the members of the Council shall be individuals with disabilities as defined in 29 USC 705(20)(8) and shall not be employed by the Michigan Rehabilitation Services or the Bureau of Services for Blind Persons. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. E. Of the members of the Council initially appointed by the Governor under Section VI.B., six (6) members shall be appointed for a term expiring on December 31, 2013, five (5) members shall be appointed for a term expiring on December 31, 2014, and five (5) members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members shall be appointed for a term of three (3) years. 5 F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. G. Except for members appointed under Section V.B.1.c. or Section V.B.1. j., a member of the Council shall not serve more than two consecutive full terms. VI. CHARGE TO THE COUNCIL A. After consulting with the Talent Investment Board, the Council shall do all of the following: 1. Review, analyze, and advise Michigan Rehabilitation Services and the Bureau of Services for Blind Persons regarding the performance of the responsibilities of Michigan Rehabilitation Services and Bureau of Services for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following: a. Eligibility, including order of selection. b. The extent, scope, and effectiveness of services provided. c. Functions performed by state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 2. In partnership with Michigan Rehabilitation Services and the Bureau of Services for Blind Persons: a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C). b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E). 3. Advise the Department of Human Services, Michigan Rehabilitation Services, and the Department of Licensing and Regulatory Affairs, Bureau of Services for Blind Persons regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a. 6 4. Perform all other functions required by 29 USC 725(c)(4)-(8). 5. Perform other functions related to the Council's responsibilities as requested by the Governor or the Director of the Department of Human Services or the Director of the Department of Licensing and Regulatory Affairs. VII. OPERATIONS OF THE COUNCIL A. The Council shall select from among its voting members a Chairperson of the Council, subject to the veto power of the Governor, and may select other officers as it deems necessary. B. The Council may adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations. C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving. D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate. E. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. F. The Council shall carry out its functions as required by 29 USC 725(d)-(e) and 29 USC 725(g). VIII. DISABILITY CONCERNS COMMISSION All the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, and allocations or other funds, including the functions of budgeting and procurement, of the Disability Concerns Commission, created by Executive Order 2009-40, previously transferred by Executive Order 2011-4 from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by a Type I transfer, are hereby transferred to the Department of Civil Rights by Type Ill transfer. IX. ABOLISHED ENTITIES A. The Michigan Rehabilitation Council, created by Executive Order 2007-48, is abolished, and Executive Order 2007-48 is rescinded. B. The Commission for the Blind, created by MCL 393.352, and the Commission Board, created by 1999 AC, R 391.1 et seq., are abolished. 7 C. The position of Director of the Commission for the Blind created by MCL 393.352(1) is abolished. D. The Disability Concerns Commission, created by Executive Order 2009-40, is abolished. X. MISCELLANEOUS A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Human Services or the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the Sections VIII and IX D. of this Order shall be effective 60 days after the filing of this Order and the remaining provisions of this Order shall be effective on October 1, 2012. Given under my hand and the Great Seal of the state of Michigan this 27th day of June, in the Year of our Lord Two Thousand Twelve. [signature] Richard D. Snyder GOVERNOR BY THE GOVERNOR: [signature] SECRETARY OF STATE FILED WITH SECRETARY OF STATE ON 6/27/12 AT 3:55 pm [image: Great Seal of the State of Michigan] 8 ---------------------------------------------------------------------------- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com ------------------------------------------------------------------------------ _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/joeharcz%40comcast.net -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image001.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image002.gif Type: image/gif Size: 96 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image003.gif Type: image/gif Size: 98 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image004.gif Type: image/gif Size: 94 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image005.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image006.gif Type: image/gif Size: 99 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image007.gif Type: image/gif Size: 97 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: clip_image009.gif Type: image/gif Size: 33182 bytes Desc: not available URL: From joeharcz at comcast.net Fri Jun 29 19:47:10 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 15:47:10 -0400 Subject: [Vendorsmi] Fw: [nfbmi-talk] Fw: 2013 Draft State Plan attached and on MCB website Message-ID: <235F087F870849A7BD84F4A0D8068F3F@YOUR7C60552B9E> ----- Original Message ----- From: "joe harcz Comcast" To: Sent: Friday, June 29, 2012 3:31 PM Subject: [nfbmi-talk] Fw: 2013 Draft State Plan attached and on MCB website Outragious! Simply outragious! ----- Original Message ----- From: Turney, Susan (LARA) To: 'phyllismagbanua at comcast.net' ; 'waynesworld50 at yahoo.com' ; 'Fred wurtzel' ; 'joe harcz Comcast' ; 'Geer Wilcox' ; 'Marianne Dunn' ; 'Cheryl Wade' ; 'Ghkitchen' ; 'Sharmese Anderson' Cc: Cannon, Patrick (LARA) ; Luzenski, Sue (LARA) Sent: Friday, June 29, 2012 2:46 PM Subject: 2013 Draft State Plan attached and on MCB website The draft state plan is attached and on the home page of the MCB website. Details will follow soon regarding the public meetings July 9, 11, and 13. Sincerely, Susan Turney Communications & Outreach Coordinator, Michigan Commission for the Blind Michigan Department of Licensing and Regulatory Affairs desk: 517-241-8631; cell: 517-243-3858; fax: 517-335-5140 MCB toll-free: 1-800-292-4200 201 N. Washington Square, Second Floor, P.O. Box 30652; Lansing, MI 48909 www.michigan.gov/mcb -------------------------------------------------------------------------------- > _______________________________________________ > 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 > -------------- next part -------------- A non-text attachment was scrubbed... Name: 2013 State Plan Final Draft 6 29 12.doc Type: application/msword Size: 412672 bytes Desc: not available URL: From joeharcz at comcast.net Fri Jun 29 20:34:17 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 16:34:17 -0400 Subject: [Vendorsmi] Fw: MCB State Plan Amendments, Notice of Public Meetings Message-ID: <4E5450516733430B878AEBC082330719@YOUR7C60552B9E> ----- Original Message ----- From: Turney, Susan (LARA) To: MCB Staff ; Posont, Larry (LARA) ; 'Larry Posont' ; Schuck, Lydia (LARA) ; 'Lydia Schuck' ; Scott, John (LARA) ; 'JOHN SCOTT' ; 'phyllismagbanua at comcast.net' ; 'waynesworld50 at yahoo.com' ; 'Fred wurtzel' ; 'joe harcz Comcast' ; 'Geer Wilcox' ; 'Marianne Dunn' ; 'Cheryl Wade' ; 'Ghkitchen' ; 'Sharmese Anderson' ; 'Joe Sibley' Sent: Friday, June 29, 2012 4:30 PM Subject: MCB State Plan Amendments, Notice of Public Meetings Please note the information below regarding public meetings to be held July 9, July 11, and July 13, 2012. The information below has been posted to the home page of the MCB website at www.michigan.gov/mcb and should be available live online after 6:00 p.m. tonight. The 2013 State Plan Final Draft and Executive Order 2012-10 are live online on the MCB website home page. Susan Turney Communications & Outreach Coordinator, Michigan Commission for the Blind Michigan Department of Licensing and Regulatory Affairs desk: 517-241-8631; cell: 517-243-3858; fax: 517-335-5140 MCB toll-free: 1-800-292-4200 201 N. Washington Square, Second Floor, P.O. Box 30652; Lansing, MI 48909 www.michigan.gov/mcb State Plan Amendments, Notice of Public Meetings Department of Licensing and Regulatory Affairs Michigan Commission for the Blind State Plan Amendments Notice of Public Meetings July 9, July 11, and July 13, 2012 2:00 p.m. - 6:00 p.m. The Michigan Department of Licensing and Regulatory Affairs (LARA) will hold public meetings at five locations, as set forth below, to receive comments on proposed amendments to the FY 2013 State Plan for Vocational Rehabilitation Services and the State Supported Employment Services Program (Proposed State Plan Amendment). The Proposed State Plan Amendment implements provisions of Executive Order 2012-10 and will be submitted for final approval to the United States Department of Education, Rehabilitation Services Administration. The five public meetings will be held as follows: Lansing July 9, 2012, 2:00 p.m. - 6:00 p.m. Braille and Talking Book Library 702 West Kalamazoo Street Lansing, MI 48909 Lake Superior Room Escanaba July 11, 2012, 2:00 p.m. - 6:00 p.m. Escanaba Office State Office Building 305 Ludington Escanaba, MI 49829 Conf. Room 2nd Floor Kalamazoo July 11, 2012, 2:00 p.m. - 6:00 p.m. MCB Training Center 1541 Oakland Drive Kalamazoo, MI 49008 Kalamazoo Room Detroit July 13, 2012, 2:00 p.m. - 6:00 p.m. Cadillac Place 3038 W. Grand Blvd. Detroit, MI 48202 Room L150 Gaylord July 13, 2012, 2:00 p.m. - 6:00 p.m. Michigan Dept. of Environmental Quality 2100 W. M-32 Gaylord, MI 49735 Hearings Room The link to the Proposed State Plan Amendment and the link to Executive Order 2012-10 are posted on the Michigan Commission for the Blind (MCB) website at www.michigan.gov/mcb. Written comments on the Proposed State Plan Amendment may be submitted by email message, with "state plan comments" in the subject line, to Diamalyn Gaston at gastond at michigan.gov. Written comments may also be submitted in person at any of the above meetings. All written comments, including email on the Proposed State Plan Amendment must be received no later than 5:00 p.m. Monday, July 16, 2012. All meeting sites are accessible. Individuals attending the meetings are requested to refrain from using heavily scented personal care products in order to enhance accessibility for everyone. Persons with disabilities requiring additional accommodations (such as materials in alternative format), or a language interpreter in order to participate in the meeting or submit comments must call 1-800-292-4200 by 5:00 p.m. Thursday, July 5, 2012. To encourage orderly administration of the meetings and minimize the possibility of any disruptions, meetings will be conducted in accord with the protocols approved by the LARA Director and MCB as follows: 1.. The sole purpose of the meeting is to accept comments from the public regarding the Proposed State Plan Amendment. 2.. Each meeting shall be chaired by a designated representative of MCB. 3.. The chairperson shall preside over all aspects of the meeting. 4.. The chairperson shall have final authority to implement and interpret these meeting protocols so as to maximize public comment opportunities while maintaining order and decorum. 5.. Members of the public who desire to make public comment will be given a number and recognized by the chair in numerical order; each member of the public making a comment shall be provided a single, five-minute time period to make their public comment. Members of the public wishing to submit written or recorded comments at the meeting may do so by providing the written or recorded comment to the meeting secretary at the meeting. 6.. All meeting participants shall avoid engaging in any form of disruptive conduct. All participant behavior shall be appropriate and respectful. The chairperson may require any participant to immediately cease any disruptive behaviors, and may direct the removal of any non-compliant person. 7.. Groups or organizations desiring to make comments may choose to designate a single representative to make comments on behalf of the group or organization. 8.. The chairperson shall designate a meeting secretary who shall ensure that a summary of all public comments and material submitted at the meeting is compiled, along with a record of the date, time, place, and identification of staff of MCB who attend the meeting. The chairperson shall have authority to approve the summary. 9.. The chairperson shall cause the meeting summary to be published on the following website: www.michigan.gov/mcb. 10.. The chairperson shall have authority to implement additional meeting protocols in order to ensure reasonable and necessary accommodations or meet other legal requirements. For general information about the Michigan Commission for the Blind, visit the MCB website at www.michigan.gov/mcb, or call toll free: 1-800-292-4200; TTY 888-864-1212. For general information about LARA, please visit www.michigan.gov/lara. -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Fri Jun 29 22:36:43 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Fri, 29 Jun 2012 18:36:43 -0400 Subject: [Vendorsmi] zimmer is the sla and the mahs head Message-ID: <79EDA3CEE71447B89CBDF3B5BFE36D84@YOUR7C60552B9E> >From so-called state plan amendments: ""2. The name of the designated state vocational rehabilitation unit is: Bureau of Services for Blind Persons (?BSBP?), under the Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of Services for Blind Persons serves as the State Licensing Agency under the Randolph Sheppard vending facilities for blind in federal buildings act, 20 USC 107 to 107f. Any authority, powers, duties and functions relative to final agency decisions for cases arising under the Randolph Sheppard Act, 20 USC 107 to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to MCL 393.369, lies with the Director of the Department of Licensing and Regulatory Affairs. " In the beginning of this report it is signed and Zimmer is the head of the Designated State Unit, while Cannon stays in place as the head of the Bureau! I kid you not. You all have to read this monstrousity. The conflicts of interest and fundamental denials of any meaningful due process are obvious, glaring, transparent and brazen. I also think that zimmer should be sacked for his violatios, knowingly as an officer of the State and the courts of the State Constitution's prhobitions against such conflicts of interests! How can he head both MAHS and make the final agency determination along with his new pal Cannon? Note under the EO 2012-10 the MCB board is demolished and its "quasi-judicial" role is smashed to ribbons. There are no safeguards inherent here. Outrage upon outrage this is! Joe Harcz -------------- next part -------------- An HTML attachment was scrubbed... URL: From joeharcz at comcast.net Sat Jun 30 23:41:37 2012 From: joeharcz at comcast.net (joe harcz Comcast) Date: Sat, 30 Jun 2012 19:41:37 -0400 Subject: [Vendorsmi] conflicts on steroids Message-ID: <86AE2548D9634790A1B30B181ED6A6A5@YOUR7C60552B9E> How can this man who runs the administrative hering system in which BEP operators air grievances also make the final agency determination for the SLA under the new rummied state plan? Isn?t this a totally conflicted situation on its face? Where would their be any integrity whatsoever in the process? Of course, under his and prior administrators of this program there hasn?t been much due process or equal protection under the law. But this codifies those inherent conflicts of interests! Well get back their blind folks you should all know your place. That?s what this self-annointed judge and jury says right in the state plan. Joe Harcz Source: http://www.michigan.gov/lara/0,4601,7-154-10573---,00.html Mike Zimmer, Chief Deputy Director Mike Zimmer is Chief Deputy Director for LARA and Executive Director of the Michigan Administrative Hearing System, a Type 1 agency housed in LARA with an operating budget over $30 million, which provides administrative law hearings for 13 departments in state government. Adjudicative areas include professional licensing, public benefits, unemployment and workers compensation, property tax appeals, insurance and finance regulation, public utilities, environmental enforcement, education, Medicaid, state retirement, and employment relations. Zimmer previously served as deputy director of the State Office of Administrative Hearings and Rules. He also served as director of the Bureau of Hearings in the former Department of Consumer and Industry Services; as an attorney in the Office of Regulatory Reform under former Governor John Engler; and worked for the Senate majority floor leader. Zimmer earned a bachelor's degree from Michigan State University and a law degree from George Washington University. -------------- next part -------------- An HTML attachment was scrubbed... URL: