[nfbmi-talk] more approved minutes
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APPROVED
MICHIGAN COMMISSION FOR THE BLIND
JUNE 18, 2010
VICTOR CENTER,
201 N. WASHINGTON SQUARE
3RD FLOOR CONFERENCE ROOM A/B
LANSING, MICHIGAN
MINUTES
COMMISSIONERS PRESENT
Ms. Jo Ann Pilarski, Chair Mr. Michael Geno, Vice Chair Mr. John Scott (via telephone)
Ms. Geri Taeckens Ms. Margaret Wolfe
COMMISSIONERS ABSENT
None
MICHIGAN COMMISSION FOR THE BLIND (MCB) STAFF PRESENT
Mr. Patrick Cannon Ms. Sue Luzenski
Mr. Leamon Jones Ms. Jules Brown
Ms. Sherri Heibeck Ms. Susan Turney
Mr. James Hull Mr. Chris Elliot
Mr. Josh Hoskins Ms. Sue Chinault
Mr. Scott Norris Ms. Constance Zanger
Mr. Bruce Schultz Ms. Diamalyn Gaston
Mr. Bob Robertson Ms. Christine Movalson
Ms. Gwen McNeal Mr. Jim Shaw
GUESTS/ATTENDEES
Mr. Joe Harcz Mr. Mike Ellis
Mr. Joe Sontag Mr. Larry Scott
Mr. Casey Dutmer Mr. Joe Sibley
Mr. Phil Kozachik Mr. Larry Posont
Ms. Melinda Latham Mr. Elham Jahshan
Ms. Karen Simmons Mr. Marcus Simmons
Mr. Benne Baker Ms. Mary Wurtzel
Mr. Fred Wurtzel Mr. James Cheney
COMMITTEE OF THE WHOLE
The Committee of the Whole was opened by Chair Jo Ann Pilarski at 9:12 a.m. Commissioner Geno is attending the meeting by phone due to a death in
the family.
Commissioner Pilarski asked that all participants observe a moment of silence to remember Sherry Gordon who passed away on June 9.
NEW COMMISSIONER
Chair Pilarski introduced new Commissioner John Scott. Commissioner Scott shared his personal background, touching on his vision loss and his decision
to focus on education to secure his personal success. He is very happy to be appointed to the Commission and wishes to do all that he can to assist blind
people to be productive, employed members of society.
Chair Pilarski asked if there was staff available to discuss the topic of assignments of Administrative Law Judges and the email received by the State
Office of Administrative Hearings and Rules (SOAHR). Sherri Heibeck indicated she will retrieve that email and come back to discuss this topic with the
Board.
DISCUSSION TO AMEND BY-LAWS TO REFLECT ALJ PROCESS
Chair Pilarski stated that this subject needs to be discussed as Commissioners have been informed that the Business Enterprise Program (BEP) Operator
involved in an Administrative Law Judge (ALJ) recommendation can be given an opportunity to tell their side, as well as a staff member and an Elected Operator
Committee (EOC) member. No new evidence can be presented during this time but Commissioners can ask questions of the parties involved.
Commissioner Taeckens shared that Commissioners are now receiving the full hearing transcript from these ALJ recommendations and she found this very
helpful in understanding all the facts.
Commissioner Geno shared that if the Commission is planning on receiving these transcripts every time then an amendment to the by-laws stating this
new procedure could be written and be kept very simple. He said he believes the full transcript was a worthwhile investment of time and gaining evidence.
Commissioner Wolfe agreed with Commissioner Geno that if this is to become a standard new procedure and to help with consistency then an amendment
should be drafted for the By-laws. There does need to be the clear understanding that this is not an opportunity to retry the case but to hear from all
parties involved.
Commissioner Scott shared that with him being a new commissioner his perspective at this stage is more from being an attorney. He stated that the
case should not be re-tried, the transcripts can be voluminous, and as long as there is due process and both sides are allowed to present then the decision
made would be fundamentally fair.
Commissioner Wolfe added that the transcripts can be 100+ pages long and she does not feel that reading them gives a person a true sense of what really
happened in the courtroom and urged caution in using the transcripts alone to make a decision.
Commissioner Taeckens stated that she found the transcripts to be very different from the summary, which does not encompass the details of the information
presented. She added she was more comfortable reading the entire transcript over one person’s summary of the proceedings. She also shared that even
if information within the transcripts isn’t used to make a decision on that particular case there is information that is informative to her as a commissioner
and someone involved in the B E P. She also stated it would be nice to receive the transcripts sooner than 10 days before the meeting.
Commissioner Taeckens added that the Fellows case summary appeared also to not be an accurate summation of what really went on, causing concern.
Commissioner Pilarski thanked the Commission for getting the transcripts in an accessible format. She stated they were helpful and give a much greater
sense of what transpired than in the summary. She stated that if these transcripts could be received in advance of the meeting it would be very helpful.
Commissioner Geno stated that in the past many questions had arisen regarding the ALJ recommendations and the transcripts would alleviate some of
the questions expediting the process. He asked Commissioner Scott to clarify his answer about whether he supported receiving the transcripts or not.
Commissioner Scott gave an overview of the appellate process and offered his opinion that judges in the legal arena rarely read a full transcript
before making a decision. He stated he is not opposed to receiving the full transcript, but the opposing side should be given the opportunity to state
their argument.
Commissioner Geno pointed out that, as Commissioner Scott stated himself, in the Brooks case summary compared to the full transcript there was a lot
of information lacking. He pointed out that these transcripts become a point of legal record when they are created.
Chair Pilarski said she had spoken to Director Cannon about automatically forwarding any transcript to the parties involved. He indicated that this
procedure will be followed.
Ms. Luzenski added that there will be instances when an ALJ recommendation is rendered close to a Commission meeting and the transcript may not be
available until right before the meeting time.
Chair Pilarski said that there could be special meetings held. She stated that the Commissioners would like to receive the transcripts and if that
changed the Commission would be advised to stop ordering them.
Commissioner Taeckens would like there to be an amendment to the By-laws stating that transcripts will be provided to Commissioners and parties of
the case on each ALJ decision. Commissioner Geno volunteered to draft language to be added to the By-laws.
Director Cannon noted that Barbara Schmidt, Assistant Attorney General had offered to provide some language for that purpose.
DISCUSSION ON PROCESS OF ALJ HEARINGS
Chair Pilarski asked Ms. Sherri Heibeck to explain how an Administrative Law Judge is assigned to a case. Ms. Heibeck produced an email received
from Peter Plummer, the Executive Director of SOAHR. The letter stated the procedures in assigning cases, the cross-training of judges, that some judges
do specialize in certain legal areas and that judges are randomly assigned cases within their assigned legal areas. Currently MCB has had 51 cases heard
before ALJ’s since SOAHR’s creation in 2005. The breakdown is:
Andre Friedlis 24 hearings
Robert Meade 18 hearings
Kathy Talbott 5 hearings
Dennis Malkowitz 3 hearings
Richard Smith 1 hearing
The letter stated that out of 150,000 ALJ’s heard each year, MCB has averaged 10 per year and currently has 2 ALJ’s assigned to hear cases, Andre
Friedlis and Robert Meade.
Commissioner Scott asked for clarification on the randomness of the process. Ms. Heibeck explained that at this time there are only 2 judges assigned
to MCB cases and the randomness of assignments occurs with those 2 judges.
Commissioner Geno asked whether there were statistics available on those Judges decisions. Chair Pilarski recalled that Judge Friedlis’ decision
supported either party, Judge Talbott always supported the B E P Operator and Judge Mead always supported the Agency.
Commissioners inquired of Ms. Constance Zanger whether she had this information in writing available. She indicated she would locate the information.
Commissioner Geno stated if there is a concern that one particular judge is handing down decisions to one party consistently then the organization
may need to look at the randomness of the assignments and the decision making process.
COMMISSIONER ACTIVITIES
Chair Pilarski spoke to Commissioner Scott about Committee assignments and that he will be assigned to a committee at the September meeting.
Commissioner Geno chose to defer his report until the next meeting.
Commissioner Wolfe attempted to attend the Library CIC meeting by telephone but was unable to do so due to technical difficulties. Commissioner
Taeckens shared activities that she is currently and has been involved in and asked that someone else be assigned to the Service Delivery Design Team (SDDT)
because of the frequency and length of these meetings she has been unable to attend. Commissioner Taeckens just returned from Camp Tuhsmeheta, which Jackie
Paulding is currently directing. She also served on the new ad hoc data collection committee, the next meeting is June 29 and will focus on how to collect
the data, what data is needed to be collected and what is already collected. The Quality Education Team for Students who are Blind and Visually Impaired
(QET) has met once since the last commission meeting and is meeting again on Monday, June 21 from 3:30 – 5:00. Various data collection is taking place
to help draft recommendations for better programming. Future discussions will of the QET will center around bringing in partners. Commissioner Taeckens
stated the College Policy workgroup will be held on Monday, June 21 at the Michigan Works! building in Lansing. Discussion will center around the items
needed in the policy and the group is hoping to have a policy to present to the Board in September. She stated that the original college policy ad hoc
committee set a good foundation to build the current college policy from. Commissioner Taeckens reported on the upcoming Braille-a-Thon which will take
place on the Capitol Lawn on June 22. There are new t-shirts this year, generous donations have been made, there will be live entertainment, and various
contests and speakers. She stated that MCB has been very supportive with marketing efforts and providing some materials for this event.
Chair Pilarski again informed Commissioner Scott of the various committees Commissioners are liaison’s to. Ms. Luzenski suggested that Commissioner
Scott be forwarded the call in information for the SDDT and the Image and Identity meetings to explore his options. Commissioner Wolfe volunteered to
attend the next Consumer Involvement Council (CIC) meeting in September.
Chair Pilarski shared that she has attended many meetings of the Business Enterprise Program (B E P) and the Elected Operator Committee (E O C) as
the liaison to those groups. There will be a future ad hoc group meeting for the B E P and Grace Menzel will be the facilitator for that. She stated
she missed the last Planning and Quality (PAQ) Team meeting.
ISSUES/QUESTIONS FROM PREVIOUS MEETING
Ms. Sue Luzenski followed up with the request that a gmail account be set up for the College Policy meeting being held on Monday, June 21. Commissioner
Taeckens, using an alternate email, collaborated the college policy submissions.
Chair Pilarski asked about an issue raised at the March meeting regarding inaccessibility of portions of the MEAP test. This has not been followed
up with and she requested that this be looked into.
OTHER
Chair Pilarski asked that the September meeting be moved to late August. Dates were discussed among the Commissioners and staff involved in the meeting.
The dates of August 20 or 27 were identified as potential dates. The in-service workshop for commissioners could be scheduled the day before.
Commissioner Taeckens shared that she learned during the Commissioner In-service training on the Open Meetings Act (OMA) and the Freedom of Information
Act (FOIA) that MCB has a lot of meetings that are not required under OMA to be open meetings and she thanked Director Cannon for making them open. She
stated she feels the Agency still falls short on early enough meeting notification.
Director Cannon asserted that he felt that MCB was more open than other agencies in the country. Commissioner Taeckens agreed.
Commissioner Geno reported that he participated in a meeting with Rehabilitation Services Administration (RSA) Commissioner Lynnae Ruttledge and found
her to be very impressive and felt it would be great if the Board would have an opportunity to meet with her. Transitioning operators under the Randolph
Sheppard Act into entrepreneurship was a topic that Commissioner Geno asked RSA Commissioner Ruttledge about which is a topic discussed in the MCB report.
He also added that he had the pleasure of attending the BEP Workshop in April, which was very informative on the inner workings of the BEP Program and
the EOC.
Recessed for break at 10:27 a.m.
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The meeting was reconvened at 10:41 a.m.
CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM
The regular meeting was called to order by Chair Jo Ann Pilarski at 10:41 a.m. Roll call was taken and a quorum was present. Chair Pilarski asked
for a recap of the previous days meeting on the Open Meetings Act and whether a Commissioner participant on the phone has a vote that counts and is part
of the quorum. It was determined that the answer was yes to both of those questions.
APPROVAL OF MINUTES – MARCH 19, 2010
COMMISSIONER TAECKENS MOVED, SUPPORTED BY COMMISSIONER WOLFE TO APPROVE THE BOARD MINUTES FROM THE MARCH 19, 2010 COMMISSION MEETING.
Discussion included the minutes not accurately reflecting when former Commissioner Velma Allen left the meeting. This will be added. Chair Pilarski
also wanted noted that during the National Federation of the Blind presentation NFB-M President Larry Posont asked that all the documents that they submitted
be included with the minutes. It was noted that the materials referenced by NFB-M were available on their state website.
Commissioner Taeckens mentioned to participants that in the Open Meetings Act training from the previous day that at a minimum the minutes need to
say who was present, the time of the meeting beginning and adjournment and the location. The Commission meeting minutes contain a lot more information
than that.
MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES – MAY 3, 2010 OPEN SESSION
COMMISSIONER TAECKENS MOVED, SUPPORTED BY COMMISSIONER WOLFE TO APPROVE THE BOARD MINUTES FROM THE OPEN SESSION MAY 3, 2010 SPECIAL COMMISSION MEETING.
Discussion included Commissioner Scott stating that although he participated in that meeting by phone he was not able to vote at that time so he should
abstain from approving these minutes.
MOTION PASSED; COMMISSIONER SCOTT ABSTAINED
APPROVAL OF MINUTES – MAY 3, 2010 CLOSED SESSION
Chair Pilarski clarified that if there is any discussion on the closed session minutes that the Board will have to vote to go into closed session.
COMMISSIONER TAECKENS MOVED, SUPPORTED BY COMMISSIONER GENO TO APPROVE THE BOARD MINUTES FROM THE CLOSED SESSION MAY 3, 2010 SPECIAL COMMISSION MEETING.
There was no discussion.
MOTION PASSED; COMMISSIONER SCOTT ABSTAINED
BOARD CORRESPONDENCE
Ms. Luzenski reported there was one piece of board correspondence received from Mr. Joe Harcz on June 14. Mr. Harcz was offering to the Board the
Open Meetings Act Handbook which was posted into the body of the email.
PUBLIC COMMENT
Commissioner Pilarski asked attendees to keep comments focused on issues or concerns, under 3 minutes and informed attendees that Commissioners do
not engage in dialogue at this time.
Mr. Joe Harcz, NFB-M, ADAPT, ACB commented that the facility the meeting is being held in is still not compliant with the ADA. He listed specific
areas in the building that were still non-compliant. He also stated the Commission is still not as open as it claims to be and information continues to
be withheld including the Rehabilitation Services Administration Monitoring Report of the Michigan Commission for the Blind. He also added that, under
state law, there is a requirement to hold public hearings on the State Plan and this has not happened in the 9 years since he has been in Michigan.
Mr. Larry Posont, President, NFB-M stated he would not be able to get through all of his points because there was too many things going on with the
Agency. He informed the Board that he spoke for the blind people of the state and that they would keep the pressure on for open government. Mr. Posont
stated that the people don’t know if decisions are made at meetings unless they are open to the public. He noted that from the OMA training the prior
day what Mr. Quasarano spoke of was the bare minimum required to be included in meeting minutes adding that the Commission is not prevented from providing
the information requested by NFB. Mr. Posont spoke about the new Training Center Director and the feeling that by 2020 all of the Commission employees
will have 20/20 sight and that the new Training Center Director has no background in rehabilitation.
Mr. Fred Wurtzel, stated he believes that people should identify themselves and should stand behind what they say. Mr. Wurtzel added he has a very
high regard for Sherri Heibeck as a worker and she is a very competent person but he does feel that the former Training Center Director was fired for trumped
up reasons and replaced with a sighted person as well as Dave Robinson was replaced by a sighted person. He feels that qualified blind people are being
replaced by sighted people who have no training in blindness and this is bullying and intimidation. Mr. Wurtzel complained that Mr. Pat Cannon personally
took Ms. Brooks out of her job after not enforcing the law she was complaining about. He expressed he is very angry at Pat Cannon and the Board is letting
him get away with his behavior.
Ms. Mary Wurtzel, NFB-M, shared that her graduating class of high school celebrated it’s 45th anniversary of graduation. She quoted Martin Luther
King’s statement of “I have a dream” and spoke about the dream in 1978 that set up the Commission. She stated she has total and complete respect for Sherri
Heibeck and Constance Zanger and gave credit to her husband Fred Wurtzel for hiring numerous blind people for staff positions.
Mr. Joe Sibley, MCBVI, conveyed his condolences for the passing of Sherry Gordon. He commented on the proceedings of the past meetings and one of
the members of MCBVI being boo’d at her comments and heckled in the bathroom. Mr. Sibley stated all views should be respected and he feels that there
have been bullying techniques used by audience members and MCBVI will not participate in this ineffective way of communicating. He also shared that MCBVI
does not speak for all of the blind people in Michigan nor does NFB-M. He reminded the Board and the Commission staff that there are multiple organizations
with multiple points of view and philosophies and not to be pressured into adopting the views of one over the other as opposed to respecting all views.
Mr. Casey Dutmer said he was in conversation with two of the Commissioners and the issue arose on the number of hearings that have arisen in the B
E P program and he asked the Commissioners to take a look at the mediation process. His experience while in the B E P program was that the staff and administrators
did not really uphold mediation. There are agreements regarding the mediation process and he felt that if those agreements were followed not as many hearings
would go to SOAHR. Mr. Dutmer also commented on the dialogue process and appreciative inquiry process and that everyone could benefit from utilization
of these tools. If all involved believe in the process and not wanting to waste tax payers’ money then make the process do what it’s supposed to do.
Mr. Joe Sontag, EOC and NFB-M, made comments about the earlier discussion on the process of assigning Administrative Law Judges (ALJ) and encouraged
a look at the hard data and the actual randomness of the ALJ assignments. Mr. Sontag also touched upon a personal issue he is dealing with in his present
B E P location having to do with unpaid taxes by the previous Operator. Staff is assisting him and the outcome could affect the whole B E P program for
future problems of this nature.
MCB CONSUMER SERVICES REPORT
Mr. Leamon Jones, Consumer Services Manager highlighted some points from the written consumer services report he submitted.
Mr. Jones updated Commissioners on outreach activities that have occurred over the last 3 months including Native American outreach. Staff participated
in a culture day to so both parties could become familiar with each other. Employment activities focused on developing relationships with various companies
including Wright & Phillippis, CVS drugstores, Walmart and Meijers to obtain jobs for MCB consumers.
Another area of importance that staff has focused on are small businesses throughout the state to inform them of the Commission. This has resulted
in on-the-job opportunities for two MCB clients.
Mr. Jones touched on the summer programs in place for clients. The focus of these programs is pre-employment work experience for transitioning students.
There are eight programs in place and a number of students planning to participate. The Business Enterprise Program is another summer program staff is
focusing on to place clients and work collaboratively.
Mr. Jones informed attendees that the College Prep program is happening and the two week evaluation is starting July 2 at the Training Center.
All of the programs mentioned above assist MCB clients in focusing on independent living skills, technology training, pre-employment skills or introduce
students to college life.
Staff is also currently collaborating with the Michigan Department of Community Mental Health and Michigan Rehabilitation Services to focus on clients
who are visually impaired and either mentally disabled or developmentally disabled. These agreements are meant to bring awareness of MCB’s services to
people who have multiple disabilities including being visually impaired so their vision impairment can be a focus of their rehabilitation. Four informational
meetings will be held from June to September for the purpose of informing partners of MCB’s services.
Mr. Jones spoke regarding the 2nd phase of the consumer satisfaction survey. The current data collection is for closures from 18 - 24 months ago and
the information will be going to Cheryl Mattson of Michigan Commission on Disability Concerns (MCDC) for completion of the survey. He also spoke on the
data collection of college students and information and that data for some of the questions that Commissioner Taeckens has asked will be given on Monday,
June 21 at the college policy meeting.
Mr. Jones informed attendees that the Agency collaborates with Low Incidence and Outreach (LIO) and he will be working with them regarding the question
of the MEAP test and what steps can be taken to correct the accessibility issue.
Discussion of Mr. Jones’ report included the determination of Native Americans being underserved, the number of transition aged students that are current
clients and what evidence based practices are being followed. Mr. Jones responded to questions indicating he would get back with Commissioners about the
exact number of transition aged students.
Chair Pilarski shared that she has been approached by numerous people to have a group work cooperatively with both consumer groups to look at continuously
improving training for newly hired MCB teachers. Director Cannon indicated the Consumer Involvement Council which includes participants from both the
consumer groups could make this an agenda item. Commissioner Taeckens asked that another component of this proposed committee should be job carving and
supported employment. Both consumer group Presidents indicated their willingness to participate.
Mr. Jones commented on different training that staff has recently gone through, including what the dynamics are between employers and placing students
and what some best practices are to assist staff and clients.
Commissioner Taeckens explained the term job carving which is when a piece of a job is separated for one person to do when they can’t do the whole
job.
Commissioner Scott asked for clarification on what types of jobs clients are finding at Meijers, CVS and Walmart. Asking are these jobs beneath the
educational goals clients had set for themselves. Mr. Jones gave examples of jobs of customer service or customer representatives based on degree and
skill level of the client. Director Cannon also touched upon the client internship program which is placing nearly job ready clients in positions that
will give them job experience. Discussion included types of positions clients are placed in and what happens when clients can’t find jobs in their fields
right away.
MR. SCOTT MOVED, SECONDED BY MS. WOLFE TO ACCEPT THE CONSUMER SERVICES REPORT; THE MOTION CARRIED UNANIMOUSLY
TRAINING CENTER REPORT
Director Cannon congratulated Ms. Heibeck on her new position of Training Center Director and thanked Mr. Schultz for being the Acting Training Center
Director.
Ms. Heibeck stated how thankful she is for this new opportunity and is impressed with the dedication of the Training Center staff and how welcome
she has had been made to feel in her first week in this position.
Ms. Heibeck asked Mr. Schultz to give the Training Center report as he wrote it and has been instrumental in running the Training Center these past
months.
Mr. Schultz stated the center staff is glad that Sherri is there and she will assist in the center continuing to move forward. He greeted Commissioners
and especially welcomed Commissioner Scott who was a training center student in the recent past. Mr. Schultz referenced his submitted written report,
asking Commissioners for any questions they had and giving an update on the remodeling project. An architect and engineering firm has been hired to begin
the remodel and the Center is hoping construction will begin in the fall. The plan is to maintain the program in the Center while construction is happening
although there is the possibility of no heating or cooling at times. Ms. Heibeck indicated the kick off meeting for the project is Monday, June 28 and
the plan resulting from this will determine the flow of the project.
Chair Pilarski asked about the college assessment and prep programs happening this summer.
MS. TAECKENS MOVED, SECONDED BY MS. WOLFE TO ACCEPT THE TRAINING CENTER REPORT; THE MOTION CARRIED UNANIMOUSLY
LIBRARY SERVICES FOR THE BLIND AND PHYSICALLY HANDICAPPED
Ms. Sue Chinault, LSBPH Manager referred Commissioners to the written report submitted and indicated there were some updates.
A library network meeting happened in April and hosted a representative from the National Library Service, Debra Toomey for the purposes of conducting
a site review. Ms. Toomey met with all the staff individually, subregional librarians, participated in the consumer involvement committee meeting and
attended a meeting regarding a physical move of the library. Ms. Toomey will generate a report from this visit intending to layout the positive things
going on and recommendations about changes that could be made.
Ms. Chinault also shared about a review of current operating standards by the Library Association of Michigan, who creates these standards. The year
2007 is the last time a review had been completed with there being a lot of emphasis on the digital machines. These standards need to be updated to reflect
the new digital procedures.
Library staff has been attending the Training Center at various times. All staff who have attended so far are pleased with their experience.
Ms. Chinault spoke about the hiring of 2 staff through the client internship program, which has given full time staff relief from increased workloads
including the deployment of the new digital machines. The library staff is very grateful for these interns.
Ms. Chinault shared that staff is one-third of the way through getting machines to all library patrons and there are now over 2200 digital titles available
through the library and 20% of the books going out of the library now are digital. The Braille and Audio Reading Download (BARD) site now has over 18,000
digital titles available.
Ms. Chinault informed participants of the computer club that Scott Norris began. It happens once a month at the library and presents topics of interest
to the participants including downloading books from BARD. Lastly, computer club will begin being offered over a site called Opal which is an online
classroom handling up to 25 people at a time connected through the web. The information will be available from Scott Norris at SBPH.
Commissioner Wolfe asked about the sub-regional library offices closing. Ms. Chinault stated that the U.P. sub-regional closed in March and those
patrons were absorbed by the Lansing office. There is no other closing that is happening at this time.
Commissioner Geno commended the Library on the Michigan History magazine and that this has been done by the same narrator for a number of years.
He asked whether it could be considered at the December awards meeting to recognize narrator volunteers. All agreed that this would be a wonderful idea.
He also asked about collection development and whether cancellation of a cassette tape magazine subscription would jeopardize the particular magazine
being available. Ms. Chinault indicated that subscriptions wouldn’t be affected by cassette cancellation because patrons are now downloading them. There
was also discussion about upgrading machines and the various options to do this.
MS. WOLFE MOVED, SECONDED BY MS. TAECKENS TO ACCEPT THE LIBRARY SERVICES FOR THE BLIND AND PHYSICALLY HANDICAPPED REPORT; THE MOTION CARRIED UNANIMOUSLY.
Recessed for lunch at 12:35 p.m.
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The meeting was reconvened at 1:40 p.m.
DIRECTOR’S REPORT
Director Cannon wished everyone a good afternoon and welcomed Commissioner John Scott. He again mentioned Sherri Heibeck being named the new Training
Center Director and on an interim basis Constance Zanger is Acting Administrative Services Manager and James Hull is Acting Business Enterprise Program
Manager. These vacancies will be posted at a later date to be filled. Director Cannon spoke about the sadness of the passing of Sherry Gordon and how
she will be dearly missed for so many reasons.
Director Cannon reported on the Agency’s hiring philosophy and that first and foremost is to hire the most qualified candidate available for any job
vacancy. He said MCB clients deserve to be served by the best staff available and he underscored his commitment to always selecting the most qualified
individual whether they are blind or sighted, male or female or of minority status. He stated that since he came to the Commission blind staff employed
by the Commission has grown from 20% to over 30%, which makes the Commission a leader in the country on employing blind people. Thirteen years ago upper
management of the Agency was all sighted, white males now the makeup is quite diverse with minorities, sighted, not sighted, male and female serving in
these management positions. Ms. Heibeck was the unanimous choice of the interview panel out of 208 candidates and Director Cannon again congratulated
her.
Director Cannon reported on the retirement proposal which may be offered to state employees and how this may affect the Commission. In an initial
review of who would be eligible and elect to take the retirement package 12 – 15 employees said yes and with the existing vacancies this would reduce Agency
staff by one-quarter. This information has been instrumental to MCB receiving permission to fill vacancies.
Director Cannon referred Commissioners to the written report section on the National Council of State Agencies for the Blind (NCSAB) and the Council
of State Administrators for Vocational Rehabilitation (CSAVR) conferences. The highlight of those conferences was the attendance of new RSA Commissioner,
Lynnae Ruttledge. Specific comments made by RSA Commissioner Ruttledge focused on youth coming out of the K-12 system not being adequately prepared for
rehabilitation, higher education or employment. Dr. Alexa Posny, Assistant Education Secretary, Office of Special Education and Rehabilitative Services
is committed to helping better prepare youth with disabilities in the K-12 system through transition to vocational rehabilitation services, higher education
and employment. Other prominent items on the agenda were the reauthorization of the Workforce Investment Act (WIA) and transition and training center
services for blind and older blind.
RSA Commissioner Ruttledge, also visited Michigan may 20 and spoke about the modernization of the Randolph Sheppard program so that the program is
so successful that many operators would be able to transition out of the BEP to private sector entrepreneurial opportunities. In her meetings with Commission
staff she asked about the Michigan Business Enterprise Program and also engaged staff in conversation about the RSA monitoring visit nearly 1 ½ years ago
and RSA’s final monitoring report, which is not yet completed. She also addressed the Commissions efforts to be collaborative and inclusive in its policy
setting process.
Director Cannon participated in a focus group in Washington D.C. with eight other participants to talk about the monitoring process including what
is going well, particulars about each individual experience, what didn’t go well, what would be an ideal monitoring experience and what recommendations
would each participant make for changes.
Other items Director Cannon and other staff have written about include the summer youth programs, Visions 2010 Technology Vendor event in Ann Arbor,
Investing in Ability month and the mini adjustment programs both completed and upcoming.
Commissioner Taeckens asked about the RSA draft report not being shared and why. Director Cannon shared that Tom Quasarano from the Attorney General’s
office indicated that a document like that is a privileged document so exempt from the Freedom of Information Act and RSA has stamped it a preliminary
draft and some of the items are not statements of fact and need to be corrected.
Commissioner Wolfe stated that everyone is doing great work. Commissioner Scott asked to clarify what Commissioner Ruttledge’s intentions are with
the modernization of the Randolph Sheppard Act. Director Cannon clarified that she is hoping that operators can hone their entrepreneurial skills and
pursue private sector entrepreneurial opportunities.
Director Cannon concluded his report by commenting on efforts considered in other states to privatize highway vending as a way to generate revenue
for state expanding budget challenges. He noted that while there was fleeting consideration to such an initiative in Michigan a couple of years ago, meetings
with the Governor’s Policy staff and the administration of the Michigan Department of Transportation, an explanation of how the MCB highway vending program
operates resulted in abandonment of any further consideration to privatize highway vending. He noted that as a result of a recent check on this issue
there is still no consideration being given to any effort that would negatively impact any BEP operator providing food service on the interstate in Michigan.
MS. TAECKENS MOVED, SECONDED BY MS. WOLFE TO ACCEPT THE DIRECTOR’S REPORT; THE MOTION CARRIED UNANIMOUSLY.
PUBLIC COMMENT
Ms. Sheila Ashcraft, via email, shared her thoughts on the audio streaming and it working sporadically. She also spoke about Sherry Gordon and how
the old adage “only the good die young” is true. Ms. Ashcraft wished the Board and staff well during this time of criticism and stated her utmost respect
for all.
Ms. Elizabeth Mohnke, via email, regretted she could not attend the meeting in person but appreciated the opportunity for email submission and listening
by audio stream. She shared a situation where her thoughts and submission for the college policy review were censored and where she submitted Board correspondence
in April but this was not noted during the time on the agenda for correspondence. She questioned how does this censoring and omission create an open and
inclusive environment for all? Ms. Mohnke also commented on the all staff meeting she attended and was struck by the statement made about finding creative
ways to yes and asked the person who made that statement to lead by example.
Mr. Joe Harcz commented on the questions that Chair Pilarski and Commissioner Taeckens were asking this morning about data collection and actual facts
and these are what MCB is supposed to submit as part of the RSA monitoring process. He commented on the spin he felt was put on Mr. Quasarano’s words
from the Commissioner training the day before. Mr. Harcz stated he has expectations of accountability of a publicly funded agency and he doesn’t agree
that the agency is open and inclusive.
Mr. Larry Posont asked whether there were security guards or bullet proof skirts around the tables. He referred to the Service Delivery Design Team
meeting he attended and honest remarks made by staff and he would like to compliment them on that discussion. In an information conversation he had with
Leamon Jones, Mr. Jones stated that the board is an advisory board as defined in federal law. Mr. Posont said the Attorney General’s office on May 3 stated
this was a policy making board and this information needs to be cleared up. This wrong information discredits the board. He also stated the National
Federation of the Blind of Michigan has history and rehabilitation on its side and they are right.
Ms. Mary Wurtzel shared that she had heard some really positive things this morning and the NFB has a history with the organization. She stated people
are too defensive, need to listen more and respond saying maybe that is a good idea. She was surprised to hear that some were just realizing that kids
were coming out of the K-12 system not being ready for rehabilitation when that has been said for years and now a generation of kids has been lost.
Mr. Casey Dutmer stated that this has been an interesting meeting with the variety of topics. He observed that Sherri Heibeck is an excellent individual
and can move things forward. He urged consumers to make her selection a constructive thing. He also commented on the development of an ad hoc committee
to help the BEP work through some issues and he is hoping the Agency will support the facilitating of this process if necessary.
Mr. Joe Sibley personally congratulated Sherri Heibeck on her appointment as the Training Center Director. He spoke about attending the all staff
meeting and being able to interact with so many staff members at one time. He stated he hoped the Agency stands behind the dialogue process allowing people
to share ideas freely.
BUSINESS ENTERPRISE PROGRAM
Ms. Constance Zanger, Acting Administrative Services Manager and Mr. James Hull, Acting Business Enterprise Program Manager reported on the Business
Enterprise Program. Mr. Hull shared that 3 students completed their classroom training and will begin on the job training on Monday, June 21 and will
be eligible to bid on a BEP facility in August.
Mr. Hull introduced two new promotional agents who began in April, Joshua Hoskins with a background in restaurant management and Christopher Elliot
with a juvenile rehab background and some food service experience.
Several projects for BEP are in the works and recently the remodeling of the Lewis Cass cafeteria was completed and the Commissioners were able to
enjoy breakfast there before this meeting. The State Police Headquarters operations have commenced and this facility has had a successful start. The
restoration and remodel of the Ingham County Human Services building will begin shortly and the BEP will be bidding on a Coastguard Military Dining Facility
in Sault Ste. Marie in mid-July.
Mr. Hull reported on the Annual Operators Workshop that took place in April and the new Elected Operators Committee which was elected. A review of
the BEP interim inventory policy and updates on policies and procedures are items that the new EOC will be looking at.
The EOC Chair and Vice-Chair joined staff in Washington D.C. in June for the National Randolph Sheppard conference. All attendees learned more about
rules and regulations directly from RSA staff, met with federal property managers to learn more about federal property regulations and had a wonderful
opportunity to learn how to have better active participation which will help with dialogue between the Agency and the EOC in the future.
Mr. Hull updated attendees on the BEP ad hoc committee being formed. The members have been determined and the first meeting will most likely be held
in mid to late July. This ad hoc committee is hoping to develop practical good policy to improve the programs for everyone and deal with issues and concerns.
Commissioner Taeckens asked about the TACOM Plant issue. Mr. Hull stated he had spoke to RSA when he was in Washington D.C. and they are willing to
help support the stopping of the Department of Defense from opening competing food service in the TACOM building.
Commissioner Geno congratulated Ms. Zanger and Mr. Hull on their new assignments. He asked about an issue that Mr. Sontag brought up earlier about
transfer of tax liability from one vendor to another. Mr. Hull explained the process and that staff is working with Mr. Sontag to clear up this matter
of successorship with the Unemployment Insurance Agency. Discussion included how this happened and how it can be avoided in the future. Mr. Hull shared
that the process of effective auditing the BEP operators will help prevent this situation from occurring in the future.
Director Cannon informed attendees that the Acting BEP Manager will be reporting to him directly. Commissioner Geno commended Director Cannon on making
the reporting change and taking steps to stay on top of issues in this program.
MS. TAECKENS MOVED, SECONDED BY MR. SCOTT TO ACCEPT THE BUSINESS ENTERPRISE PROGRAM REPORT; THE MOTION CARRIED UNANIMOUSLY.
Chair Pilarski asked if there could be discussion on the ALJ motions on the agenda in regards to voting on them today or allowing the BEP Operator
a chance to be present.
There was clarification that this discussion will be on ALJ recommendations only, supporting notifying each operator with a recommendation on the agenda
giving them an opportunity to be present to speak if they choose or send a statement in writing, and an inquiry whether or not operators have been notified.
MS. TAECKENS MOVED, SECONDED BY MR. SCOTT TO DEFER THE ADMINISTRATIVE LAW JUDGES DECISION UNTIL A SPECIAL MEETING CAN BE SET WITH A 10 DAY NOTIFICATION
TO ALL PARTIES SO THEY CAN BE PRESENT TO SPEAK OR SUBMIT SOMETHING IN WRITING.
Commissioner Wolfe asked regarding the postponing of the Ron Fellows ALJ recommendation a second time. Chair Pilarski indicated that this meeting
would be set for a few weeks from now. Discussion included clarification of allowing 5 minutes for the operator, 5 minutes for staff, 5 minutes for the
Elected Operator Committee and no new information can be presented at this time. An Elected Operators Committee person would be included because the role
of the EOC is to be an advocate for the operator.
THE MOTION CARRIED UNANIMOUSLY
Dates were discussed for this meeting to be held adjacently to the ad hoc committee of July 20 or 21. The Commission staff will notify the operators
of the meeting.
ELECTED OPERATOR COMMITTEE REPORT (EOC)
Mr. James Chaney welcomed new Commissioner Scott. He informed attendees that there are two new members on the Elected Operator Committee board, Andrea
Nelson and Rob Essenberg. The new EOC is planning on focusing on mending the trust issue and the gaps between the agency, the EOC and the operators.
Other areas of focus of the EOC will be marketing, including videos and tapes, more training for Operators, addressing rule changes and making sure
policies that are in place are being followed. He reported that Mr. Bill Lozier will be reaching out to operators and reevaluating facilities to make
sure they are operating to the best of their ability.
Mr. Chaney also shared that another issue they will be looking at is getting Operators into facilities in a timely fashion so there are less stands
and cafeterias left open waiting for an operator.
He commended staff for the BEP/EOC meeting held in March because it helped to start mending fences.
Lastly, Mr. Chaney thanked the Commission for supporting him attending the National Randolph Sheppard convention. He learned the EOC is expected to
be a vital and active participant with the Agency.
MS. TAECKENS MOVED, SECONDED BY MR. SCOTT TO ACCEPT THE ELECTED OPERATOR COMMITTEE REPORT; THE MOTION CARRIED UNANIMOUSLY
EOC Motion #1
Ms. Constance Zanger read motion #1, which is information only for Board. The EOC voted for Roxanna Mann to become a temporary operator while concurrently
completing her BEP Manager training.
EOC Motion #2
The second motion asked for Commission Board action to revisit the ALJ recommendation in the matter of Kevin Tomczak. Chair Pilarski shared that,
as a Board, the license revocation of Kevin Tomczak can be revisited and this can occur at a special meeting.
COMMISSIONER GENO MOVED TO PUT REVISITING THE KEVIN TOMCZAK DECISION ON THE AGENDA FOR THE UPCOMING SPECIAL MEETING, SECONDED BY COMMISSIONER TAECKENS;
Commissioner Wolfe said that she believe Mr. Tomczak could challenge the Board action through the appeals process already in place.
THE MOTION CARRIED WITH COMMISSIONERS SCOTT, TAECKENS AND GENO VOTING AYE; COMMISSIONER WOLFE VOTED NAY
Commissioner Geno asked for the citations in the Business Enterprise Operator regulations or policies in regards to the process of returning an operator
to a BEP site. Commissioner Wolfe asked for the procedures to be provided and if none exist then they need to be created. After clarifying the request
from Mr. Geno, James Hull said he would provide the information requested.
Commissioners wished Roxanna Mann good luck in her new endeavor.
Commissioner Geno asked that Mr. Lozier be included in the next commission meeting to update the Board on the new Ad Hoc committee.
BOARD DISCUSSION REGARDING BEP VENDING AS IT RELATES TO THE RANDOLPH SHEPPARD ACT AND PUBLIC ACT 260
Chair Pilarski stated that because of the lateness of time the panel listed on the agenda will be held at a future meeting.
EXTRA PUBLIC COMMENT
Although no further public comment session was on the MCB agenda, Larry Posont asked if he could offer some public comment to the Board. His request
was honored by Chair Pilarski.
Mr. Larry Posont thanked the Commission for moving to involve the BEP operators in the ALJ Recommendation decisions. This is a first, positive step
and is the correct thing to do.
Mr. Casey Dutmer echoed Mr. Posont’s thought about the BEP hearings and the Commissioner Board allowing the operators an opportunity to make a statement.
This is one of the most positive things the Board has done. He also stated the successorship issue has come up in the past and would be found in minutes
from 2003.
Mr. James Chaney thanked everyone in the Michigan BEP Program because after speaking with others while in Washington D.C. he found that Michigan’s
program doesn’t have some of the issues other states do. He thanked the Director, Commission Board and the staff with being open and honest with him.
Director Cannon remarked on the subject of bullet proof skirting, a topic raised in earlier public comment. He explained that 2 years ago there were
requests from Commissioners about security at public commission meetings and what steps could be taken to ensure security at meetings where no security
officers were routinely stations, as is the case in state owned facilities. In response to the inquiry Director Cannon contacted the Office of the State
Employer to inquire about security options available to MCB. Bulletproof skirting was one of many recommendations offered as options by the State Employers
but he emphasized that such acquisition was never considered.
Commissioner Taeckens also clarified that we have never had armed guards, there was a guard at a Saturday meeting to let people into a locked building.
She also apologized to Elizabeth Mohnke for her board correspondence being overlooked and asked attendees to send items meant for board correspondence
to Sue Luzenski.
Chair Pilarski thanked everyone for a great meeting.
ADJOURNMENT
COMMISSIONER SCOTT MOVED, SUPPORTED BY COMMISSIONER WOLFE TO ADJOURN THE MEETING; THE MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 3:30 p.m. The next meeting will be scheduled in August and notification will go out as soon as possible.
Jo Ann Pilarski, Chairperson
Date
MCB 25 6/18/2010
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