[Vendorsmi] {Spam?} Only The Latest Disgrace In Michigan's BEP

[Joe Sontag]

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
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