Would this be civil? Kimi At 6/19/02, you wrote: >-----BEGIN PGP SIGNED MESSAGE----- >Hash: SHA1 > >According to the state administrative rules, it looks like most if not all of >the school districts could be required to initiate debarment proceedings >against MS. Anyone know an attorney who is willing to take something like >this on pro-bono? > >On Tuesday 18 June 2002 21:39, you wrote: > > Here is the response I received from David Cantelme, Deer Valley school > > board member. He is the one who has arizonalawinstitute@yahoo.com as his > > email address. It sounds to me that all the school districts and the state > > itself should be starting debarment proceedings against MS. We need to > > start contacting the legislators, Attorney General's office and your local > > school superintendents. > > > > > > ----- Original Message ----- > > From: "david cantelme" > > To: "Tom Achtenberg" > > Sent: Tuesday, June 18, 2002 6:08 AM > > Subject: Re: Computer Purchasing Guidelines > > > > > > Dear Mr. Actenburg: > > > > They do not, but similar rules found in the state > > school district procurement rules do apply. Both sets > > of rules have their origen in the state procurement > > code. You can find the school district procurement > > rules by going to the secretary of state web site. > > Click on administrative rules. Go to title seven. > > Then scroll down to R7-2-1001. That's where the rules > > begin. They continue to about R7-2-1175. > > > > Debarment procedures do exist in the school district > > procurement rules. You would need to address your > > comments on debarment to the adminsitration. That's > > who would initiate the procedure. If the > > administration initiates a debarment procedure, the > > board determines whether to appoint a hearing officer. > > It goes from there to the officer with appropriate > > due process to the contractor. The board itself has > > no involvement in the hearing process. The officer > > must be independent to ensure a fair hearing under our > > constitutional system. > > > > --- Tom Achtenberg wrote: > > > I was wondering if the Maricopa County purchasing > > > policies listed below apply > > > to DVUSD purchasing pprocedures? > > > > > > Maricopa County policies. Interesting references: > > > > > > MC1-101 DEFINITIONS > > > 25."CONTRACTOR" means any Person who has a Contract > > > with a County > > > Governmental unit. For purposes of Article 5, > > > Contractor may also mean > > > Respondent as defined in this Article. > > > 36."DEBARMENT" means an action taken by the County > > > Administrative > > > Officer under MC1-902 to prohibit a Person from > > > Participating in > > > Maricopa County Procurements. > > > 80."PERSON" means any corporation, Business, > > > individual, union, > > > committee, club, other organization or group of > > > individuals. > > > 113."SUSPENSION" means an action taken by the County > > > Administrative > > > Officer under MC1-902 temporarily disqualifying a > > > Person from > > > participating in Maricopa County Procurements. > > > > http://maricopa.gov/materials/p-code/HTML_code/Code-01.htm > > > > > [Microsoft is considered a Contractor and a Person. > > > This is important > > > below.] > > > > > > > > > MC1-407 MAXIMUM PRACTICABLE COMPETITION > > > All Specifications shall seek to promote overall > > > economy for the purpose > > > intended and encourage competition in satisfying > > > Maricopa County's needs > > > and shall not be unduly restrictive. > > > > http://maricopa.gov/materials/p-code/HTML_code/Code-04.htm#MC1-401 > > > > > [Is there any technology that is Microsoft > > > exclusive? I believe there > > > are sites that explain how to replace Exchange > > > Server completely using > > > Linux/OSS with Qmail; and SQL Server is replaceable > > > with mySQL or PostgreSQL; > > > IIS & ASP is replaceable with Apache & PHP, The MS > > > Office suite is > > > replaceable with the very comparable Open Office > > > suite.] > > > > > > > > > MC1-902 DEBARMENT AND SUSPENSION OF CONTRACTORS > > > B. The causes for Debarment or Suspension shall > > > include, but are not > > > limited to, the following: > > > 2. Conviction of any Person or any subsidiary or > > > affiliate of any Person > > > under any statute of the Federal government, this > > > State or its political > > > subdivision or any other State for: > > > k. Any other offense indicating a lack of business > > > integrity or business > > > honesty which affects responsibility as a > > > Contractor. > > > 3. Conviction or civil judgment finding a violation > > > by any Person or any > > > subsidiary or affiliate of any Person under State or > > > Federal Antitrust > > > Statutes. > > > > http://maricopa.gov/materials/p-code/HTML_code/Code-09.htm#MC1-901 > > > > > As I read MC1-902.B.3, Microsoft (a Person), having > > > been convicted of a > > > violation of Federal Antitrust Statues, cannot be a > > > County Contractor. > > > > > > There are many alternatives to Microsofts products. > > > Alternatives that have > > > broken no laws, Federal or Local, are well supported > > > and used by many large > > > governments (Germany, Taiwan, et al). As a > > > concerned voter in the DVUSD, I > > > must point out that I cannot support criminal > > > behavior and would hope that my > > > Governing Board would see fit to do the same and > > > ONLY consider alternatives > > > as Microsoft is clearly unqualified to meet District > > > requirements. > > > > > > Thank You, > > > > > > Tom Achtenberg > > > > > > PS this message was written ans sent to you using a > > > computer that is 100% > > > Microsoft free. It uses the Red Hat Linux 7.3 > > > operating system, KDE windows > > > like desktop and the K-mail email client. All if > > > these programs come under > > > the "General Public License" which means they are > > > 100% free to the public for > > > personal and commercial use. > > > -- > > > Visit the Mountain Ridge Band Site at > > > > http://www.mrhsband.org > > > > > > __________________________________________________ > > Do You Yahoo!? > > Yahoo! - Official partner of 2002 FIFA World Cup > > http://fifaworldcup.yahoo.com > > > > > > > > --- > > Outgoing mail is certified Virus Free. > > Checked by AVG anti-virus system (http://www.grisoft.com). > > Version: 6.0.371 / Virus Database: 206 - Release Date: 6/13/2002 > > > > ________________________________________________ > > See http://PLUG.phoenix.az.us/navigator-mail.shtml if your mail doesn't > > post to the list quickly and you use Netscape to write mail. > > > > PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us > > http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss > >- -- >Jim > >Freedom is worth protecting > >-----BEGIN PGP SIGNATURE----- >Version: PGP 6.5.8 > >iQA/AwUBPRCqEisk3ywszI1FEQJZDwCg0JBu1f1ffMgVts+N9FxVfc3GwRgAoI3a >uqHWgWriXgbXcZvWptly5CtJ >=tKg8 >-----END PGP SIGNATURE----- >________________________________________________ >See http://PLUG.phoenix.az.us/navigator-mail.shtml if your mail doesn't >post to the list quickly and you use Netscape to write mail. > >PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us >http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss