From suncat0 at gmail.com Sun Sep 2 17:19:14 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Sun, 2 Sep 2012 13:19:14 -0400 Subject: [Vendorsmi] Description of BSBP Director's Position Message-ID: CS-214 REV 8/2007 1. Position Code State of Michigan Civil Service Commission Capitol Commons Center, P.O. Box 30002 Lansing, MI 48909 Federal privacy laws and/or state confidentiality requirements protect a portion of this information. POSITION DESCRIPTION This form is to be completed by the person that occupies the position being described and reviewed by the supervisor and appointing authority to ensure its accuracy. It is important that each of the parties sign and date the form. If the position is vacant, the supervisor and appointing authority should complete the form. This form will serve as the official classification document of record for this position. Please take the time to complete this form as accurately as you can since the information in this form is used to determine the proper classification of the position. THE SUPERVISOR AND/OR APPOINTING AUTHORITY SHOULD COMPLETE THIS PAGE. 2. Employee's Name (Last, First, M.I.) 8. Department/Agency Licensing & Regulatory Affairs 3. Employee Identification Number 9. Bureau (Institution, Board, or Commission) Bureau of Services for Blind Persons 4. Civil Service Classification of Position Senior Management Executive 19 10. Division 5. Working Title of Position (What the agency titles the position) Bureau Director 11. Section 6. Name and Classification of Direct Supervisor Michael Zimmer, Chief Deputy Director 12. Unit 7. Name and Classification of Next Higher Level Supervisor Steven Hilfinger, Department Director 13. Work Location (City and Address)/Hours of Work Victor Building, Lansing, MI Monday - Friday; 8am-5pm 14. General Summary of Function/Purpose of Position This position serves as a Bureau Director responsible for the daily operations of the Bureau of Services for Blind Persons. This position is delegated responsibility for fulfilling the statutory mandates under the Michigan Blind & Visually Disabled Persons Act, the federal Rehabilitation Act of 1973, the federal Randolph-Sheppard Act, and any other statutes or rules applicable to the Bureau of Services for Blind Persons. For Civil Service Use Only 15. Please describe your assigned duties, percent of time spent performing each duty, and explain what is done to complete each duty. List your duties in the order of importance, from most important to least important. The total percentage of all duties performed must equal 100 percent. Duty 1 General Summary of Duty 1 40% of Time Manage day-to-day operations of the Bureau of Services for Blind Persons Individual tasks related to the duty. ? Determines Bureau policies, procedures and strategies; establishes program objectives and monitors their implementation; ? Reviews progress and activity reports, determines need for improvement; ? Assists in the development of management plans and makes budget recommendations;\ ? Advises the Department's Director, Chief Deputy Director and other executive staff on activities as necessary; ? Liaison with the Office of Attorney General; ? Liaison with Elected Operator Committee and the Michigan Commission for Blind Persons; ? Confers with the Office of Attorney General, officials of state and local agencies, licensees, professional associations and organizations and the general public on sensitive matters of importance to the Bureau's mission, policies and operations; ? Addresses citizen groups, legislative committees, members of the press, professional associations regarding Bureau activities ? Develop or oversee the response to inquiries from the Director's office Duty 2 General Summary of Duty 2 30 % of Time Provide executive management to the Bureau of Services for Blind Persons Individual tasks related to the duty. ? Supervises and directs Bureau employees in the performance of their duties and responsibilities and in the resolution of sensitive, complex or precedent-setting situations; ? Selects and assigns staff; ensures compliance with Affirmative Action policies and procedures; ? Administers applicable union contracts and the provisions of the Civil Service Rules including grievances and employee relation activities; ? Proposes modification to the organizational structure of the Bureau as necessary for the efficient performance of duties and responsibilities. ? Motivates staff toward the accomplishment of program objectives . Duty 3 General Summary of Duty 3 20% of Time Provide direction for the legislative needs of the Bureau Individual tasks related to the duty. ? Oversee the development of rules and proposed legislation; ? Reviews proposed legislation and presents the Bureau's position in person and in legislative analyses ? Interprets legislation to staff; assures Bureau's conformance with legislative mandates. Duty 4 General Summary of Duty 4 10% of Time Other duties as assigned Individual tasks related to the duty. ? Directs the development of special reports or studies; ? Performs other duties as assigned. Duty 5 General Summary of Duty 5 % of Time Individual tasks related to the duty. ? Duty 6 General Summary of Duty 6 % of Time Individual tasks related to the duty. ? 16. Describe the types of decisions you make independently in your position and tell who and/or what is affected by those decisions. Use additional sheets, if necessary. Decisions related to setting operational priorities and program implementation. 17. Describe the types of decisions that require your supervisor's review. Issues that are politically sensitive or have policy related impacts on Bureau or Department; information and issues that may be controversial and those that may have department-wide impact 18. What kind of physical effort do you use in your position? What environmental conditions are you physically exposed to in your position? Indicate the amount of time and intensity of each activity and condition. Refer to instructions on page 2. This is a standard office based position with some travel required. The functions are not physical in nature. 19. List the names and classification titles of classified employees whom you immediately supervise or oversee on a full-time, on-going basis. (If more than 10, list only classification titles and the number of employees in each classification.) NAME CLASS TITLE NAME CLASS TITLE Sue Luzenski SEMA 11 Constance Zanger DM 15 Christine Boone State Division Director 17 Susan Chinault Library Mgr 14 Leamon Jones State Division Director 17 Susan Turney DM 14 (Fzn) Robert Robertson Rehab Consult Mgr 14 Elsie Duell SAM 15 20. My responsibility for the above-listed employees includes the following (check as many as apply): X Complete and sign service ratings. X Assign work. X Provide formal written counseling. X Approve work. X Approve leave requests. X Review work. X Approve time and attendance. X Provide guidance on work methods. X Orally reprimand. X Train employees in the work. 21. I certify that the above answers are my own and are accurate and complete. Signature Date NOTE: Make a copy of this form for your records. TO BE COMPLETED BY DIRECT SUPERVISOR 22. Do you agree with the responses from the employee for Items 1 through 20? If not, which items do you disagree with and why? N/A 23. What are the essential duties of this position? Essential duties are overall management of the Bureau, policy development, legislative review and working with outside agencies and officials. 24. Indicate specifically how the position's duties and responsibilities have changed since the position was last reviewed. This is a new position required by the creation of the Bureau of Services for Blind Persons through Executive Order 2012-10. 25. What is the function of the work area and how does this position fit into that function? The Bureau is responsible for the coordination of services and programs for the blind.. This position serves as the Director of the Bureau providing day-to-day oversight and direction in policy and management activities. 26. In your opinion, what are the minimum education and experience qualifications needed to perform the essential functions of this position. EDUCATION: Possession of a bachelor's degree in any major EXPERIENCE: Two years of professional, managerial experience. Prefer: Two years of administrative and managerial experience equivalent to the 18 level. KNOWLEDGE, SKILLS, AND ABILITIES: Knowledge of organization, planning, staffing, training, budgeting and reporting Knowledge of program planning, development and evaluation methods Knowledge of staffing requirements, labor relations and equal employment opportunity provisions Knowledge of state government organization and functions Ability to analyze and appraise facts and precedents in making administrative decisions; to get to the source of a problem, and to probe and obtain critical facts from varied sources Ability to motivate and lead others in the accomplishment of tasks Ability to persuade and motivate others Ability to make independent judgments or decisions and to take the initiative in influencing events Ability to present ideas effectively expected at a management level CERTIFICATES, LICENSES, REGISTRATIONS: None required. NOTE: Civil Service approval of this position does not constitute agreement with or acceptance of the desirable qualifications for this position. 27. I certify that the information presented in this position description provides a complete and accurate depiction of the duties and responsibilities assigned to this position. Supervisor's Signature Date TO BE FILLED OUT BY APPOINTING AUTHORITY 28. Indicate any exceptions or additions to the statements of the employee(s) or supervisor. 29. I certify that the entries on these pages are accurate and complete. Appointing Authority's Signature Date -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Bureau Director BSBP.doc Type: application/octet-stream Size: 70656 bytes Desc: not available URL: From suncat0 at gmail.com Sat Sep 15 06:58:41 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Sat, 15 Sep 2012 02:58:41 -0400 Subject: [Vendorsmi] Fw: transfer Message-ID: <339ECAB444EF4EEBB88B150687F564B2@Reputercat> Any ideas about who this person is and what her/his actual interest in the BEP might bewill be received eagerly by yours truly. What do ya think? As for me, I answered the questions as best I could, but took no bait as far as I can tell. Joe Sontag ----- Original Message ----- From: "Steve McQueen" To: Sent: Friday, September 14, 2012 8:06 Subject: transfer > It seems Ms. Robbie Kay received a bill changer at the Lansing City > Hall. It came from Mr. Hull's sister. Is she blind and what location > does she have? From drob1946 at gmail.com Sat Sep 15 14:43:36 2012 From: drob1946 at gmail.com (David Robinson) Date: Sat, 15 Sep 2012 10:43:36 -0400 Subject: [Vendorsmi] Fw: transfer In-Reply-To: <339ECAB444EF4EEBB88B150687F564B2@Reputercat> References: <339ECAB444EF4EEBB88B150687F564B2@Reputercat> Message-ID: Joe, I know that Roby received a bill changer form the BEP at City Hall the other day. This changer came from somewhere, but she did not know. It was delivered by Hull's reader and someone else helping her. Roby called Hull as her always absent P.A. Josh was off work. As usual we found out that the bill changer was not working as it would not identify new bills and needed an upgrade. The old machine that they took out had the upgreade kit in it but they did not transfer if before they took it away. This may be a person at city hall, but I am not sure. However, it is just another example of how haphazard the BEP does everything. Now this will cost Roby some down time and of course sales, but what else is new. Dave -----Original Message----- From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Saturday, September 15, 2012 2:59 AM To: VENDORSMI List Subject: [Vendorsmi] Fw: transfer Any ideas about who this person is and what her/his actual interest in the BEP might bewill be received eagerly by yours truly. What do ya think? As for me, I answered the questions as best I could, but took no bait as far as I can tell. Joe Sontag ----- Original Message ----- From: "Steve McQueen" To: Sent: Friday, September 14, 2012 8:06 Subject: transfer > It seems Ms. Robbie Kay received a bill changer at the Lansing City > Hall. It came from Mr. Hull's sister. Is she blind and what location > does she have? _______________________________________________ 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/drob1946%40gmail.com From suncat0 at gmail.com Wed Sep 26 15:32:42 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 26 Sep 2012 11:32:42 -0400 Subject: [Vendorsmi] {Spam?} Only The Latest Disgrace In Michigan's BEP Message-ID: The e-mail thread below is reproduced as I received it and has been modified only to protect the identity of the Licensee who seeks the leave of absence. Let this sad event cause you to ignore the constant invitations to communicate only by telephone with BEP Administration and to carefully preserve copies of any written correspondence, whether it be hand-written or e-mail, with Mr. Hull or Ms. Zanger. Be aware that both of these people have shown a tendency to fail to respond in any way after the questions become too searching or the logic and accuracy of the concerns expressed go beyond the point where people of honesty and integrity would be able to merely excuse and ignore them. Joe Sontag Dear Mr. Hull, This is in response to your most recent e-mail regarding the matter of licensee's request for leave and your failure to answer my direct question of you regarding licensee to be represented in any matter concerning her best interest related to her license status. First, I restate my direct question to you, which you chose to avoid answering. Please cite the administrative rule, MCB policy, or BEP manual section that prohibits a licensee, in this case licensee, from being represented in any matter concerning her best interest in her relationship with the program? To further clarify and attempt to dispel your confusion, please cite the administrative rule, MCB policy, or BEP manual section that requires a licensee to communicate directly when he/she has a designated representative advocating on his/her behalf? In other words, would you require the same direct communication with a licensee, were the letter and request be mmade by an attorney representative? Please answer these questions. Further, you have referenced some need for a power-of-attorney from a rehabilitation client of the agency, to discuss medical matters. First, licensee is not a rehabilitation client of the agency, and no BEP rule, MCB policy, or BEP manual requires such a document from a licensee for representation, especially since my representation involves a plan for the successful operation of the facility during October and November, and any pending compliance issues related to the facility operation. So your misguided notion of what this matter concerns clearly misses the subject matter at hand. Further, you seem to have jumped to the conclusion that I "solicited" to represent licensee. If you have facts to support your assumption, please reveal your facts. In fact, licensee contacted me, by getting my phone number from another blind individual. Licensee contacted me, not the other way around, as you jumped to the "solicitation" by me conclusion. Further, my communication included an e-mail from licensee regarding her desire to have me assist her. Frankly, what more is needed to convince you? I am truly sorry that BEP has deteriorated to the point that licensees no longer can muster any trust in the BEP management or promotional agents, and that is neither of my making or the licensees. It truly is a sad environment in which program staff and licensees must co-exist, however that is the reality, and licensees deeply feel that their best interests must be represented by someone more knowledgeable and without fear and intimidation of retaliation of reprisal or license revocation. Sadly, licensees believe that representation must come from outside the program. The environment of fear and intimidation has become so toxic, that licensees feel they can no longer conduct business by telephone with promotional agents and management, instead, resorting to e-mail communication to protect their backs from lack of support and training, lack of response to repairs needs and equipment, being told one thing and later being told the opposite, and being blamed for the mistakes and wrong information of BEP staff, and on and on and on. You James, witnessed such mistrust and frustration from another licensee you met with just yesterday. This toxic environment is what leads to licensees taking leave of absence and decisions to leave the program entirely because of the fear, intimidation, and stress from lack of responsiveness and competent support. At Saturday's Elected Operators' Committee meeting you commended those who have decided to leave the program. I too commend them, but I believe for entirely different reasons. I commend them for recognizing that they are swimming in a very unhealthy toxic environment, and they no longer can tread and survive the lack of competent support and training, poor facilities and sales, guest complaints about equipment down for repairs and no-show promised equipment, and a repair policy and procedure so layered with red-tape, just to get repairs and replacement parts, that a licensee needs a full-time tour guide so as to not get lost and beat-up while traversing the maze for a simple repair. Such complex procedures are not the fault of anything licensees have or have not done to deserve such procedures, but rather fall at your feet and responsibility, as well as Constance. If there were a truly independent third-party exit interviewfor licensees leaving the BEP, and evaluation by the licensees regarding promotional agent and management performance, facility needs being met, training, and complex procedures leading to loss of income, I am certain the results would be shocking, and not what management at any level desires to hear or face head-on. Further, licensees feel that the EOC cannot or will not adequately represent their best interest, as the EOC has sold-out the licensees, through pay-offs, favoritism, and unethical relationships that compromise the role of the EOC, and a feeling among licensees that the EOC now exists for the benefit of the agency and the self-serving desires and protection of those on the Committee. This can be measured by the low turnout at the workshop and EOC elections, lack of Committee and subcommittee participation, poor meeting attendance and no public comment, as licensees feel it a waste of time and energy, and falls on self-serving ears. These are not my comments, but comments I've heard from those you, Constance, the promotional agents, and EOC, whom are suppose to serve the best interests of all licensees. I say all this to come back to your reference to Rule 35, and another major BEP problem-failure to follow the Rules and law. As you stated Rule 35 makes a leave of absence initially an issue vbetween a licensee and his/her promotional agent, and absent any rule, policy, or procedure to the contrary, the representative of his choosing. The request and plan submitted was directed to the promotional agent, and, as of your first email to me, he had not communicated anything over a period of six days. So James, why are you not following Rule 35 as written, and allow the promotional agent to do his job? I am sure your intermeddling before the promotional agent could carry out his responsibilities per the rules is solely a result of my representation of licensee, and her desire to have her best interest represented, given the distrust and toxic environment in which she is currently positioned and described above. Since the promotional agent gave a recorded verbal approval yesterday to the leave, licensee and I are proceeding with the plan submitted to the promotional agent.. Should you have a valid reason to not affirm promotional agent's decision, please comply with Rule 35 by putting your valid reasonsfor your rejection in writing. I would also like to warn you against any action of retaliation or reprisal by any state personnel against licensee because of her decision to have me represent her. licensee is already under enough stress, and any harassment of her by state personnel may result in actionable injury. Finally, as requested previously, if there any pending compliance issues related tolicensee or her facility, please inform me of them immediately. Best regards, Terry Eagle On behalf of licensee From: Hull, James (LARA) [mailto:hullj at michigan.gov] Sent: Monday, September 24, 2012 3:03 PM To: terrydeagle at yahoo.comm Subject: RE: PRIORITY - Leave of Absence Mr. Eagle, I am confused by which part of the rules you seek a citation. As BEP staff is held under confidentiality as members of the state vocational rehabilitation agency for the blind, we cannot discuss medical issues that may or may not be affecting one of our licensees. Until we receive a notice that an individual has given authorization under a form of power of attorney, it is my understanding that we cannot discuss any such issue. Additionally, R 393.35 Leave of absence, generally. Rule 35. (1) This rule applies to all leaves of absence. (2) To take a leave of absence, an operator shall first apply in writing to the administrator for the leave of absence. The leave of absence request shall include the reason(s) the request is being made. The administrator shall approve or deny the request in writing, identifying the applicable rule and subrule(s) for granting or denying the leave of absence. As of this message, the Program Manager has not approved any plan for a leave of abscense requested from a licensee. Should an individual submit a request, We will make every effort to review and approve or deny it as quickly as possible. Please understand that no providison within the rules regarding a leave of abscense requires that the licensee develop the plan alone and should you wish to offer your advice to an individual who asks for it, it is their decision to accept or reject it. The Commission cannot accept an unsolicited plan for operations of a facility under the premis that it is at the request of a licensee until we have been notified, in writing, that a person is going to do so. As you can see above, in order for a licensee to be granted a leave, they must be the one to request it from the program. I hope this clarifies this situation for you. Should you have any additional questions, you may contact me at 517/373.2064. Cordially, James Hull Assistant Business Enterprise Program Manager Michigan Commission for the Blind From: Terry Eagle [mailto:terrydeagle at yahoo.com] Sent: Monday, September 24, 2012 11:55 AM To: Promotional Agent Cc: Hull, James (LARA) Subject: PRIORITY - Leave of Absence Good morning, This second communication is regarding my representation of licensee and her proposed leave of absence. James, on Saturday, you told the EOC, and you promotional agent, this morning, told licensee, that you can only communicate directly with licensee without involvement of a third-party representative of her choosing. Would you please cite the program administrative rule, MCB policy, or BEP manual section that requires BEP staff to communicate directly with a licensee, and not an identified representative of his/her choosing? It was clearly obvious from my e-mail to the two of you that licensee received a cc of my e-mail to you, and following is her response to me from that email to you two: -----Original Message----- From: Licensee Name and Email Address Sent: Tuesday, September 18, 2012 10:36 PM To: terrydeagle at yahoo.com Subject: Re: Leave of Absence I had received the email today and I deeply appreciate it that you moved so quickly on my behalf and being a man of your word. Everything was well said and I appreciate your help and working with me. If anything else is needed please contact me by phone because I do not always get a chance to read my emails. Thank you very much. Best wishes, Licensee Name Unless and until licensee withdraws my representation of her in the leave of absence and any pending compliance issues, or you can provide us with the rule, policy, or manual section that prohibits licensee from having representation in such matters, we will be proceeding with the plan as outlinted in my previous e-mail to you two. It is my understanding that you promotional agent communicated to Licensee this morning verbal approval of the leave of absence. Will you please communicate such approval in writing? Based on the verbal approval, we are proceeding with the planned leave. As my e-mail to you two indicated, name will be responsible for and fulfill the operation requirements of the facility, and if you need anymore information than that, please notify me yet this week, prior to the beginning of the leave next Monday. Finally, I understand a letter has been, or shortly will be, transmitted by fax to you promotional agent, from Licensee's doctor regarding the recommended short-term leave. Should you have any other concerns or requests, please do not hesitate to contact me. Best regards, Terry Eagle On behalf of Licensee Name -----Original Message----- From: Terry Eagle [mailto:terrydeagle at yahoo.com] Sent: Tuesday, September 18, 2012 4:42 AM To: Promotional Agent Name and Email Address Cc: 'James Hull [LARA]"'; Licensee Name and Email Address Subject: Leave of Absence Hi Promotional Agent Name, Licensee Name has requested of me, and I have accepted, that I arrange on her behalf, a short-term, up to 60 days, leave of absence for personal reasons, under Vending Facility Program Rule 35. This short-term leave shall consist of the months of October and November, 2012. In accordance with Rule 35,Licensee Is proposing and finalizing details of a plan to continue operation of her facility in accordance with all program requirements throughout the leave,by utilizing Name ensuring the efficient operation of the facility. Promotional agent Name, you are well aware of Name's skills and ability to maintain a clean, pleasant, well-stocked location, and a high standard of guest service, which all contribute to Name's outstanding operation of a BEP facility. Name's record of successful operation of BEP facilities should cause no concern or barrier to approval of Licensee's plan for continuance and efficient operation of the facility during her short absence. Promotional Agent Name, please do whatever you must to approve this plan and leave without delay, and inform me with regard to the plan and leave as soon as possible. Licensee has also informed me about some current compliance issues involving her location, and I have also agreed to represent her in the resolution of any such issues. So please communicate directly with me regarding such matter, so as to not impose further stress upon licensee at this point in time. I may be contacted at (517) 372-7552, or here by email. I look forward to your timely response, so Licensee and I may advance and implement her request for leave. Best regards, Terry Eagle On behalf of Licensee Name -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Sat Sep 29 16:34:14 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Sat, 29 Sep 2012 12:34:14 -0400 Subject: [Vendorsmi] test, please ignore Message-ID: <4A92E88BDFEA4CC584DCB6F0DA409FE8@Reputercat> An HTML attachment was scrubbed... URL: