[Vendorsmi] I only heard

[Joe Sontag]

Fred, the law is broad precisely because no set of rules can ever begin to address all of the wrongs that rogue or ineffective staff and management can do to a licensee, as we've seen since you were driven out in 2006.  Events of the previous 7 years have also shown how licensees have no reasonable expectation that Agency policy will be followed consistently, short of the grievance procedure in our current rules.  Of course, BEP management has argued that policy is meaningless if a rule permits a lower standard of performance on their part.

I well remember when the first version of the proposed BEP promulgated rules was brought to the EOC, and the "rule only" wording  was one of the few issues we had with it.  I was pleased to see the change that was made in a subsequent version a few years later.  I don't think we disagree on much here.

  ----- Original Message ----- 
  From: Fred Wurtzel 
  To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' 
  Sent: Wednesday, October 10, 2012 13:14
  Subject: RE: [Vendorsmi] I only heard


  hello Joe,

   

  As I recall, not a very reliable thing, In 1995 we adopted a format for hearing requests  that asked operators to state the issue, the rule violated and the requested remedy.  Again, as I recall, this was not meant to reduce hearings, only to assist everyone, including the operator, to clarify the issue and how to deal with it.  Many issues ought to be resolved quite simply.

   

  You are correct in your underlying implication that there can not be a limit on grievances.  The law clearly says that an operator can file for a hearing on ANY action of the agency.  As the administrator, I did feel this is a little broad, but no matter, that is the law.  Either they will see the obvious contradiction or another judge will set them straight.  

   

  Finally, I don't think there is much of a point in filing for a hearing if there are no rule violations, so, theoretically, this procedure should not stop anything.  As I stated above, operators will be much more successful if they can go into the hearing or grievance process with an idea of exactly which rules were violated.  This may not end up to be an issue.  On the other hand, it seems that the system can mess up an empty room, so to speak.

   

  Thanks.

   

  WarmestRegards,

   

  Fred

   

  From: Vendorsmi [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag
  Sent: Wednesday, October 10, 2012 12:55 PM
  To: joe harcz Comcast; VENDORSMI List
  Subject: Re: [Vendorsmi] I only heard

   

  I've been informed that BSBP intends to grant hearings to BEP licensees only if they can cite a specific promulgated rule that has not been followed.  The BEP tried to make that a requirement back in 1995, but it was rejected by the legal types outside of MCB.

   

    ----- Original Message -----

    From: joe harcz Comcast 

    To: Joe Sontag 

    Sent: Wednesday, October 10, 2012 10:37

    Subject: Re: I only heard

     

    Hi Joe,

     

     

    Anymore on this?

      ----- Original Message ----- 

      From: Joe Sontag 

      To: VENDORSMI List 

      Sent: Tuesday, October 09, 2012 8:12 PM

      Subject: I only heard

       

      If you've checked the bidline announcement at the time of this writing, you may have noticed that the Anderson Building Cafeteria, AKA the State Plate is not among the listed facilities.  I have it from a credible source that Ed Rodgers, the new Director of the Bureau of Services for Blind Persons has ordered the facility removed from the bidline and has turned it over to the Michigan House of Representatives, saying that PA260 of 1978 does not apply.  Were any of you on the Elected Operators' Committee informed that anything like this was coming?

       

      If you have factual knowledge about this, please share it with all of us who care about the BEP, as the future of the Program depends on it.  If the State Plate is lost, can all of the remaining State facilities be far behind?  I won't reveal my source; and no, I'm not joking about any of this.

       

      Joe Sontag
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