[nfbmi-talk] Fw: Approved minutes of 6/17/11
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From: Cannon, Patrick (LARA)
To: MCB2020-L at LISTSERV.MICHIGAN.GOV
Sent: Friday, September 23, 2011 1:49 PM
Subject: Approved minutes of 6/17/11
APPROVED
MICHIGAN COMMISSION FOR THE BLIND
COMMISSION MEETING
FRIDAY, JUNE 17, 2011
CONSTITUTION HALL
525 W. ALLEGAN STREET
CONFERENCE ROOM A/B
LANSING, MICHIGAN
MINUTES
COMMISSIONERS PRESENT
Ms. Jo Ann Pilarski, Chair Mr. Larry Posont
Ms. Lydia Schuck Mr. John Scott
COMMISSIONERS ABSENT
None
MICHIGAN COMMISSION FOR THE BLIND STAFF PRESENT
Mr. Pat Cannon Ms. Sue Luzenski
Ms. Sherri Heibeck Ms. Sue Chinault
Ms. Constance Zanger Mr. Leamon Jones
Ms. Susan Turney Mr. James Shaw
Ms. Elsie Duell Mr. James Hull
Ms. Julia Burdgick Mr. Dave Bowden
Ms. Christine Movalson Mr. Shig Toda
Ms. Diamalyn Gaston
GUESTS/ATTENDEES
Mr. Joe Harcz Mr. Joe Sontag
Ms. Terri Wilcox Mr. Gary Wunder
Ms. Sylvia Scott Ms. Sheila Lakam
Ms. Collette Bauman Ms. Donna Rose
Mr. Larry Keeler Mr. Michael Paw
Mr. Greg Keathley Ms. Phyllis McDaniel
Ms. Marcie Alley Ms. Jessica Madden
Mr. Scott Ford Ms. Michaela Ford
Ms. Gwen Botting Ms. Krista Botting
Mr. Tommy Shaw Mr. Fred Wurtzel
Ms. Mary Wurtzel Mr. Michael Powell
Mr. Joe Sibley Ms. Mary Sibley
Mr. Mark Eagle Mr. Terry Eagle
Ms. Sue Willars Ms. Elham Jahshan
Ms. Valerie Barnum-Yager Ms. Eleanor White
Mr. James Shaw Ms. Margaret Wolfe
Mr. Charles Wolfe Ms. Marcie Alling
Ms. Risa Patrick-Langtry Mr. Steven Langtry
Ms. Kimberly Mohnke Ms. Dianna Monhke
Mr. Michael Geno Ms. Melinda Latham
Mr. Wayne Lupoirs Ms. Jeanette Geno
Mr. David Robinson Ms. Mary Ann Robinson
Ms. Patricia Love Mr. Christopher Love
Before beginning the meeting Chair Pilarski introduced Elsie Duell, Administrative Services Manager and the individual in charge of all of the audio streaming functions for the meeting. Ms. Duell informed participants of the audio streaming options, including phone and computer, introduced staff who was part of the audio streaming team and the correct method to speak into the microphones to gain the best sound quality.
COMMITTEE OF THE WHOLE
Chair Pilarski began the Committee of the Whole by asking Commissioner Posont to report on activities he has participated in since the last Commission meeting. Commissioner Posont represented the Board at a meeting with BEP on the budget and how it processes through the Business Enterprise Program. Discussion included left over general fund money and more information being needed on quarterly reports to the EOC on set aside monies, spending and the accounting of the BEP. Commissioner Posont also participated in the Service Delivery Design Team meeting where the discussion centered on the System 7 issues being experienced by staff. In the latest meeting it was discussed that Libera is assigning a full time person to deal with MCB System 7 issues and the difficulties staff are having.
Commissioner Schuck attended the Consumer Involvement Council (CIC) as a Commissioner Representative. Among items discussed was the benefits of documenting service issues that need to be addressed by the agency. Commissioner Schuck also has been working with the staff training ad hoc committee. The committee members are comprised of a Commissioner and consumer group representatives. The committee members are currently contacting other State's Training Center Director's to get information on new staff training, development curriculum and continuing education requirements. She noted that the agencies Blindness Training committee is developing a check list for new staff training and what core knowledge will be expected during new staff training. More information on this effort will be reported in December.
Commissioner Scott gave his report on attending the Image and Identity Team meeting. He shared that this was his first meeting and he had believed the committee to be about how society looks at blind people and addressing the image society has about the blind and the identity part would be about how the blind view themselves. He reported that the committee is about the image of MCB in the community and engaging in ways to draw more blind people into a better way of life. Commissioner Scott shared a concern that the image part had to do with contacting other agencies and businesses and getting the word out to them but the agency should also be getting information out to individuals. Specifically getting to the children in the community and getting them more involved.
Discussion after the reports included how the agency deals with a blind individuals' perception of themselves, an increased outreach to eyecare professionals to assist individuals, how long staff is sent to training under sleep shades and how attitude can affect a person's life.
Business Enterprise Program Ad Hoc Committee Update
Commissioner Posont reported on the Business Enterprise Ad Hoc Committee where discussion centered on the roles of the Operator, the role of the Agency and what role the rules and regulations play. The committee will focus future discussion on the problems which keep arising within the BEP program. He added that some of these issues came to light during the meeting which was held one year ago between the EOC and the Agency. The next BEP Ad Hoc Committee meeting will be held Friday, June 24 and the goal is to wind this committee down by the end of the year. Chair Pilarski added that these discussions have been very productive.
Director Evaluation Process
Chair Pilarski asked to discuss the Director's Evaluation process and spoke about how it has been done over the years since she has been on the Board. The process, in the past, has included ratings and comments submitted by Commissioners being open or anonymous. She shared that a special meeting and a public meeting have been held in the past to do the evaluation and develop Director's objectives for the next year. Discussion included the process being open, Director Cannon always being open to the process being at an open public meeting, asking that comments from consumers be considered, and sending these comments to Commissioners labeled "Board Correspondence". Commissioner Scott asked for a better understanding of how the process includes the umbrella agency, LARA and Deputy Director Steve Arwood.
State Plan
Chair Pilarski reported on her phone conversation with an official from Rehabilitation Services Administration (RSA), Charles Sadler, on the process for the Agency submission of the State Plan.
She stated that a special meeting can be held by phone to review the State Plan. This meeting can be held on Thursday, June 23. Director Cannon shared that State Plan hearings are currently set for Grand Rapids, Escanaba and Detroit. Discussion included the ability of this review to be held in a morning only session, the Commissioners needing to be present at all the hearings and Commissioner responsibility, what the role of the Commissioners is according to the Rehab Act, and the ability to pick out the changes made to the State Plan.
Issues/Questions
Ms. Sue Luzenski shared there were no issues from the last meeting needing to be addressed but she commented on the audio streaming for this meeting. The current indication was that all was going well at this time.
Commissioner Schuck clarified that a meeting notification will be going out on Monday for a Special Commission meeting to be held by phone on June 23 in regards to a review of the draft State Plan.
Honoring Service of Former Commissioners
Chair Pilarski presented plaques to Margaret Wolfe and Michael Geno, immediate past Commissioners who were attending the meeting in person. She shared that Geri Taeckens could not be there but that her plaque would be presented to her at a future date. She thanked each of them for their service and dedication to blind individuals.
Chair Pilarski also praised the new, current board members and the unique ways they each contribute to the Board.
Other
There were no other items for discussion.
Break: 10:10
-------------------------------------------------
Reconvene: 10:23
Call to Order, Roll Call and Determination of Quorum
Chair Pilarski welcomed everyone to the meeting and called the regular meeting to order at 10:23 a.m. Roll call was taken and a quorum was present.
March 17 & 18 Meeting Minutes
SCOTT MOVED, POSONT SECONDED TO APPROVE THE MARCH 17 & 18, 2011 MEETING MINUTES
Discussion: Commissioner Posont wanted the following statement added to the minutes: "Commissioners asked to receive budgets on a monthly basis. Director Cannon agreed to send budgets more frequently than quarterly."
Commissioner Schuck also noted that during the BEP presentation "Michael King passed notes and talked with the staff who were at the table".
Chair Pilarski stated that pursuant to the Open Meetings Act (OMA) any notes, texts or messages cannot be shared between Commissioners during the meeting as that is a violation of the OMA. Commissioner Scott shared that if a note is received and announced by the receiver then that is okay.
THE MOTION TO APPROVE THE MINUTES AS AMENDED ABOVE PASSED UNANIMOUSLY
SCHUCK MOVED, POSONT SECONDED TO ADD AN ITEM TO THE AGENDA ENTITLED "NEW BUSINESS" AT THE END OF THE DAY
Discussion: There was none.
THE MOTION PASSED UNANIMOUSLY
Board Correspondence
Ms. Luzenski stated there was one piece of Board correspondence received by Sheila Stelmach which was forwarded to the Board on May 24.
Chair Pilarski asked participants to introduce themselves if desired.
Public Comment
Mr. Joe Harcz shared he just discovered that a family member has RP. Mr. Harcz also commented on ADA violations in all the state building and the malfeasance of Pat Cannon.
Mr. Fred Wurtzel, commended Elsie Duell on her efforts to correct the audio issues. He shared that NFB, who is on the agenda for this meeting was notified recently that they are only to be given 12 minutes on the agenda instead of the 45 which they were expecting. He commented that NFB would have rather have waited until there could be given more time on the agenda. Mr. Wurtzel also informed attendees that, at the meeting held the day before, the Commission has had financial restrictions enforced because of recent legal payouts. He asked that the Board take note of the causes of these legal actions and payouts.
Ms. Teri Wilcox agreed with Fred Wurtzel that it is a disappointment that only 12 minutes was allocated for each consumer report today.
Mr. Michael Powell Vice-President of the National Federation of the Blind, expressed disappointment about the time for presentations given. Their organization put a committee together in April to begin planning for this presentation. He also asked that he hoped the new Board will implement some changes and that the presentations can happen in the morning.
Mr. Mark Eagle stated he sent a letter out in December of 2010 about the conduct of Ms. Pilarski and statements that she had made in October about his removal from the Board. He asked that Ms. Pilarski resign after conferring with Patrick Cannon and two other Commissioners outside of the Open Meetings Act.
Mr. Terry Eagle commented that it was said earlier that it was nice to have an attorney on the Board and there will be more needed in the future for litigation against Constance Zanger and her misfeasance and malfeasance. He stated that the cavalier attitude needs to change, sighted temporary operators be replaced with blind ones and he asked for the resignation of Patrick Cannon and Jo Ann Pilarski. Mr. Eagle also commented that there was no earlier recognition of former Commissioners Allen or Mark Eagle.
Ms. Donna Rose from the Michigan Council of the Blind and Visually Impaired made her comments as a citizen of Michigan. The Commission lent her a hand when she needed it, she said. In the 30 years since, the Commission for the Blind was formed there hasn't been a lot of changes in job prospects for people who are blind, besides the BEP. Ms. Rose encouraged the Commission to rethink what they're doing and how they're doing it so the focus can be on jobs, training and outcomes.
Mr. Joe Sibley, disagreed about comments made about Chair Pilarski and stated that he feels that she has done a wonderful job and he was speaking in support of her. A lot of problems within the agency and in general have to do with communication. He shared that a lot of issues that come up to the litigation stage could have been solved before it got to that point if there was better communication.
Ms. Phyllis McDaniel echoed what Mr. Sibley said and stated that she feels that all of the Commissioners have done a good job. No ones perfect and we all need to work together and help each other.
Mr. Joe Sontag spoke about actions taken at the last Board meeting and there have already been unintended consequences. The point system freeze in BEP has placed operators at a severe disadvantage which was not anticipated by anyone. Mr. Sontag gave some specific information about the issue and asked Commissioners to prepare themselves to revisit this in the future.
Transition Services for Blind Youth in the K-12 System - Eleanor White
Ms. Eleanor White, Director, Office of Special Education and Early Intervention Services thanked Director Cannon and the Board for the opportunity to speak. She stated that she would like to share a bit about her vision for the students with disabilities in Michigan, including students who are blind and visually impaired. Ms. White gave her background and story on how she got to where she is currently. She spoke about the current Interagency Agreement between the Department of Education and the Agency focusing on the term "seamless transition" which is such an important component of the agreement defined as smoothly, continuous in uniform and quality and flowing.
Other highlights included her speaking about effective strategies for teaching which include appropriate settings and highly qualified teachers using the latest tools for instruction. Another important aspect, Ms. White talked about is individually created programs and not being proponents of one size fits all.
Ms. White introduced Collette Bauman of Low Incident Outreach (LIO), a program which has helped increase Braille usage and book production throughout the state.
Ms. Bauman introduced Pat Love, an LIO employee also. There was discussion about the existence of a Memorandum of Understanding (MOU) between MCB and the Department of Education; the ongoing collaboration between the two agencies; accomplishments which include being co-presenters at a Transition conference, the creating of Braille for students in higher education, training Braille group leaders, having MCB student interns participate in Braille production, and collaborating in many of the MCB summer programs. Ms. Bauman shared that collaboration is a big part of making everything better for all.
Questions included how to get the MCB information out to kids; how, specifically, kids in Detroit are reached; special technology programs in Detroit; and opportunities to volunteer. Ms. Bauman also reported that her program is coming back to Lansing in the fall. She also shared that the kids needing Braille books will be getting them before school starts this year.
Business Enterprise Program (BEP) Report
Ms. Constance Zanger, BEP Manager shared highlights from her written report including that four students are going through the BEP training program and will be beginning week three of the training. She noted two new operators have accepted facilities, there are two renovation projects underway and the expansion of a snack stand is in the early discussion phase.
Ms. Zanger updated attendees on the Practical Experience Vending Stand Training (PEVST) which has been presented to the Attorney General's office and is awaiting a response.
SCOTT MOVED, POSONT SECONDED TO ACCEPT THE BUSINESS ENTERPRISE PROGRAM REPORT.
THE MOTION PASSED UNANIMOUSLY
Administrative Law Judge Recommendation - Sheila Stelmach
Ms. Zanger introduced James Hull, agency representative and Greg Keathley, representing Ms. Stelmach. Chair Pilarski allowed 5 minutes for each of them to speak on this case.
Mr. Keathley gave an overview of the recommendation as presented to the Administrative Law Judge and read a letter which Ms. Stelmach should have received from staff. Ms. Stelmach added some other background information including that her points were not calculated correctly.
Discussion included a clarification of the point awarding process.
Mr. Hull reported on the points process and the points standing of Ms. Stelmach at the time of the bid.
Questions included a timeline of contact between the Agency and the Elected Operators Committee (EOC), the entity who determines the awarding of points.
Mr. James Chaney, EOC Chair, also reported on the Elected Operator Committee side of this case and the awarding of the points and did not support the request from Ms. Stelmach.
Chair Pilarski asked that Commissioner Posont, as a former operator, comment on this recommendation and the reports of the three parties. Commissioner Posont asked for clarification that even if Ms. Stelmach would have been awarded these points would she have had enough to be awarded the route. Mr. Hull answered that even with awarding the points that Ms. Stelmach was eligible for she still would not have had enough to be awarded the route. Commissioner Posont also asked why the bid line process was not stopped. Mr. Hull stated that another facility was held off the bid line but not the facility which she wanted to bid on.
Chair Pilarski stated that the previous board and the current board would like to find a way to limit all the ALJ recommendations coming before them. There was discussion about correcting this situation and how to make it equitable for all parties involved.
Commissioner Posont asked if there was an Attorney General representative present for the Board to consult with. There was no legal representative present. Commissioner Posont demanded legal consult today so he can know what he can do legally on this ALJ recommendation. Posont asserted that Commissioners need their own Attorney General representative, one who represents them, not the Agency and not the BEP program. He declared that he does not have to answer to the Director or the Agency, saying that he answers to the Governor and citizens of Michigan.
Chair Pilarski asked if James Hull, Greg Keathly and the two operators could work together to come up with a resolution. Mr. Hull explained that a meeting could happen but to award a facility the proper process would need to be followed.
Director Cannon explained that a legal opinion was presented by way of the Administrative Law Judge (ALJ) recommendation. Further the EOC also presented its position on this issue. Chair Pilarski asked for clarification on when the 60 day time window is for the Board making a decision.
Posont moved that the Board immediately requests from the ATTORNEY GENERAL'S office full legal counsel and that it will not be a person or persons that represents the Commission staff to assist the Board in representation; Schuck SECONDED.
Discussion included that the Board's letter of request go to the Department rather than the Attorney General's office as the Department would need to authorize this request.
Posont withdrew his motion.
Scott moved to have a special ATTORNEY GENERAL appointed by the ATTORNEY GENERAL to deal specifically with this case of Sheila Stelmach that is separate from and distinct from THE REGULAR COUNSEL which is utilized by the agency itself; Schuck SECONDed.
Discussion: There was none.
Motion passed unanimously.
Chair Pilarski encouraged all parties to attempt to work this out. Commissioner Posont stated that all of the litigations that the agency is involved in are going to destroy it. He also stated that the agency has lost 18 months of training at the Training Center due to poor movements.
Administrative Law Judge Recommendation - Risa Patrick-Langtry
There was discussion about why this recommendation was sent back to the Board asking for direction. Ms. Luzenski read back to the Board the ALJ recommended decision. Ms. Luzenski explained that there was no complete transcript available to the Board as the recorder was not turned back on by the ALJ during the hearing, but the Board did receive the full transcript of what was available.
Mr. Fred Wurtzel, representing Ms. Patrick-Langtry brought to the attention of the Board that there was another hearing scheduled. Staff clarified that this new hearing is a separate issue from the one that is currently being discussed by the Board.
Ms. Patrick-Langtry spoke on the reconfiguration of the route and the discussion that took place with the PA's, but this discussion did not have anything to do with the recommendation currently on the table.
Scott moved to reverse the decision of the ADMINISTRATIVE LAW JUDGE; SChuck seconded
Discussion: there was discussion about what took place at the last Commission meeting and how the motion was previously stated, what was lacking and how it needed to be worded now.
ROLL CALL VOTE: Scott aye, Posont nay,
SChuck nay
THE MOTION FAILED.
Posont moved to remand back to THE ADMINISTRATIVE LAW JUDGE a request for a rehearing of this case for a full transcript because there was no full transcript upon which to base the previous decision; schuck seconded
Discussion: Included whether this was clearly stated, if there was a need to cite the rule regarding the need for a transcript and if the motion made was to affirm, reject or to modify this ALJ recommendation.
THE MOTION PASSED UNANIMOUSLY
Chair Pilarski asked that, in the future, no operators be put in place in sites that are being contested.
Recessed for lunch at 1:20 p.m.
The meeting reconvened at 2:00 p.m.
Chair Pilarski invited new attendees to stand up and introduce themselves.
Elected Operators Committee
Ms. Constance Zanger informed attendees about the EOC motion which was passed at the BEP Annual Meeting having to do with a three percent retiree contribution to be put into a vacation fund from the set-aside fees paid, in which operators can be reimbursed. This was information only and no Board action was required.
Commissioner Posont asked if operators had looked at how much was in the set-aside fund and how much was used on a yearly basis over the last 5 years. Ms. Zanger stated that RSA does allow this and typically $300,000 is collected in Michigan and this money is used for equipment repairs, refurbishing and to purchase new equipment. She also stated there has not been a year, in the last five, that has had unexpended funds. Commissioner Posont expressed a hope that the Operators take a close look at the numbers to ensure that set-aside fees don't have to be raised.
Public Comment
Ms. Valarie Barnum-Yager, Director of the Statewide Independent Living Council (SILC) addressed a statement made this morning regarding the State Plan. Her council creates a State Plan under the same act as the Commission. She shared that a lot of the plan is boilerplate, what the Feds say needs to be in it. Ms. Barnum-Yager stated during the hearings process all of the public comment needs to be collected and submitted so it can be considered prior to approval of the Plan. She clarified that when the staff is out holding hearings they are doing it on behalf of Commissioners and appointees. Ms. Barnum-Yager also shared that she understands it is frustrating to get a large document without a lot of time to read it, but she reminded Commissioners that when the Board establishes policies and procedures on how things happen this information is included in the State Plan. Lastly, she stated that just because the Board is not at the table writing the Plan does not mean that the decisions made here are not included.
Mr. Joe Harcz wanted to reiterate that even the proposed amendments in the past have not been submitted to the Board for review and comment. He stated that there are a couple of overarching obligations which include the Rehabilitation Act of 1973 as amended and all the Civil Rights provisions under Title V including Section 504, along with the Americans with Disabilities Act Title II. He shared that this means that all information must be remitted in alternative formats and also upon request and in a timely manner. Mr. Harcz then cited ADA violations that existed in the building the meeting was being held in. He asked the Board to move with the Michigan Protection and Advocacy Services (MPAS) to sue the agency for systemic violations of the ADA and that the Board move, with the Office of Civil Rights, to file a mass complaint of systemic violations under Section 504 of the Rehabilitation Act and Title II of the ADA.
Mr. Fred Wurtzel commented that while Mr. Harcz wants P & A to sue the agency he wished that the agency would sue P & A. He shared that CAP stands for Client Assistance Program and he stated they are confused and that during the College Policy meetings CAP recommended rules that were against the Federal Law. He asserted at the last SDDT meeting P & A told staff how to avoid writing plans giving clients a choice about going out of state for rehabilitation services. Mr. Wurtzel stated this is a rip off and an insider trader deal with people who are related to each other in business and it's a tangled mess. He said that blind people can't even get a return phone call, let alone services. He strongly urged the Board to look into the quality of services that were being received from P & A.
Mr. Michael Geno commented it was a pleasure to see everyone. He shared some observations regarding the struggles the Board had before lunch and the anguish that Board members go through to try and resolve the weighty issues and allow people to go in peace. Mr. Geno noted there seems to be a systematic pattern in which the BEP locations are awarded without sufficient clearance. He suggested there be a process that incorporates an investigation period to alleviate potential difficulty for the parties involved. Mr. Geno also commented that the last decision the Board made was a good one because the lack of a full transcript renders the situation not valid which could possibly render any decision made not valid. Finally, Mr. Geno shared that when given a choice of decisions, you aren't restricted to only those choices given as Commissioner Schuck said and he agreed with Commissioner Posont that there are times when legal issues are to be weighed and a person may not feel qualified to make the decision. He thanked everyone for the opportunity to serve and for the current Board doing the best job that they can.
Ms. Donna Rose, MCBVI, commented that when she has tried to call P & A in the past they weren't responsive then either. This needs to be discussed between the Commissioners because there should be a true way to complain.
Ms. Teri Wilcox, National Federation of the Blind stated that she felt the Commission had work to do in case services and serving blind people. She would grade the Commission a D minus. Ms. Wilcox shared that the Ann Arbor NFB chapter she is President of has had 2/3 of members had cases closed before they had much training; 2/3 were urged to have cases closed and considered employed with only 10 hours of work a week and have had trouble getting cases re-opened. She stated that there is a feeling that client cases are urged to be closed and given an employment status while on SSI and SSDI.
Ms. Shawnese Laury-Johnson, via email, commended Ms. Elsie Duell for improving the sound quality of the meetings although some of the comments being made today made her wish for the times when there was not good sound quality. She thanked the Commission for the services that she received and credited the Agency and her own determination for being where she is today. Ms. Laury-Johnson stated that, as a staff person, she wants to do what she can to help the consumers who reach out to the Agency. She personally thanked Pat Cannon, Leamon Jones and Gwen McNeal for the opportunity to work for the Agency and the opportunity to make a difference in the lives of the blind and visually impaired. Lastly, Ms. Laury-Johnson urged the Commission staff to hold their heads up high and continue the great work being done.
Ms. Sheila Ashcraft, via email, commended the Board for their dedication to the blind of Michigan, a job that takes spirit, resourcefulness and good kidneys. She thanked the former Commissioners and urged people who make public comment to keep it positive and constructive and to reinforce the good by offering to help the Commission. Ms. Ashcraft bid all patience, tolerance and goodwill as they go about their work.
Administrative Reports
Consumer Services Report
Mr. Leamon Jones, Consumer Services Director highlighted from his written report the summer youth programs; and collaborating with community partners and employers to help combat attitudes to encourage and promote positive role models. He reported staff are partnering with Penske Automotive to secure job opportunities in customer service, accounting, engineering and management. Another staff focus is job opportunities for blinded veterans with this company.
Mr. Jones shared about working with the Michigan Works! offices and a survey currently underway to help improve services and job leads for blind and visually impaired consumers through these offices. He reported that staff has also been engaged in job fairs which provide great opportunities and federal government agencies like the military who has committed to hire people with disabilities.
Mr. Jones informed attendees that staff has been increased to the different regions which has helped to add services to the consumers
Mr. Jones shared that the State Plan amendments are completed and three public meetings have been set up around the state to allow opportunities for interested individuals to review and make comments on the State Plan. He stated that hearings are required when a significant change is made to the Plan, and this occurs when there is an amendment.
Commissioner Posont asked if the Board needed to be a part of the hearings and if the Board has to recommend changes to the State Plan and staff must respond to those changes. Mr. Jones responded that the State Plan meetings are intended for a review of the State Plan by any individual or interested party. The Rehab Act does not mandate that a Commission or the SRC be a part of or be present at these hearings. Mr. Jones also informed Commissioners that they can review the State Plan and make recommendations of the State Plan.
Commissioner Schuck read portions of the Rehab Act in regards to SRC's and Commissions having opportunities to comment and submit the Plan together to RSA. She stated that the way the process is currently does not allow enough time for a thorough dialogue. Commissioner Schuck also asked about the Memorandum of Understanding (MOU) with the Michigan Department of Education and the Commission, if it has a transition focus and if this MOU is different between MRS and the Department of Ed. Mr. Jones responded that the agreement with the Department of Ed does reflect the activities of transition age youth aged 14 and up.
There was further discussion about the State Plan, Commissioner input and the process. A Special Commission meeting will be held June 23 for the Board to discuss the Plan and the possibility of an extension of the submission deadline. Director Cannon commented on what happens after submission occurs, which is the beginning of RSA/MCB formal interactions to comment on the Plan and review comments made from all the parties who submitted them.
Training Center Report
Director Cannon introduced Ms. Sherri Heibeck, Training Center Director lamenting that she will be leaving the Agency after 25 years of service because of administrative changes taking place. He spoke about the comment made earlier about no training going on at the Training Center for the last 18 months and how that is an affront to staff at the Training Center and especially Ms. Heibeck. Director Cannon asserted that Ms. Heibeck has done a terrific job of keeping training services going at the Center during a difficult time. MCB is proud of the work Ms. Heibeck has done over the past year and also with all she has done for the Commission over the past 25 years. Director Cannon stated that there is no one at the Agency that works harder than Sherri and cares more than Sherri. He added that the Commissioners comment that no training has taken place at the Training Center over the past 18 months is a discredit to staff at the Center and to the Training Center Director, Ms. Heibeck. Director Cannon stated that Sherri is terrific, she will be missed and she is leaving through no fault of her own, no desire of her own and she had expected to finish out her career as the Training Center Director. Ms. Heibeck will be moving to another bureau within the Licensing and Regulatory Affairs Department resulting in a big loss to MCB and a big gain to the Unemployment Insurance Agency. Director Cannon thanked Ms. Heibeck for all of her outstanding work over the years.
Ms. Sherri Heibeck, Training Center Director thanked Director Cannon for the kind words and expressed her gratitude at being at the Commission for 25 years. She expressed gratitude for her job and the opportunities she has been given at the Commission. Ms. Heibeck stated she also was taken aback by the comment made today that there had been no training at the Center for 18 months. She added she was not upset for herself but for the staff and especially the students who have been taught during that time period. She added that the implication that students learned nothing in 18 months is simply unfair and wrong.
Ms. Heibeck reported that there were four new hires at the Training Center. Three with an orientation and mobility background and the fourth is Shig Toda from the Kalamazoo Regional Office. Mr. Toda will be working on developing curriculum for the Apple products the Training Center will be getting. Mr. Toda will be also creating video/audio segments on how to use these products and their features of accessibility. These segments will be put on CD or the web for people to use.
Ms. Heibeck shared that the renovation project was about half way through. Carpet and paint have been ordered as remodeling will begin soon. She stated the project is still slated to be on target for November 1 with the contractor although new audio visual equipment is being ordered through DTMB and the wiring requirements for that may change that date.
Ms. Heibeck informed attendees that there was a fire outside the Training Center the evening before in one the of the contractors trailers. The fire was contained to that device.
Ms. Heibeck also reported that the college assessment program is starting and there are 24 students currently at the Center, with 18 of those going on to college prep.
Lastly, Ms. Heibeck addressed the System 7 training for staff and using it for assessments. This will allow staff to look up information and will allow the quality and quantity of work being done to be available. The assessments will follow the current assessments.
SCOTT MOVED, SCHUCK SECONDED TO ACCEPT THE TRAINING CENTER REPORT.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY.
Consumer Reports
Opportunities Unlimited for the Blind
Mr. Scott Ford, Chairman of Opportunities Unlimited for the Blind, is the organization that has been operating Camp Tuhsmeheta (Camp T) for the last 8 years. He informed participants that there are 19 staff members, sixty percent who are blind and visually impaired. Mr. Ford also noted that the program has increased this year and support has been given from MCB, NFB, MCBVI, MPI and other organizations. The camp, last year, teamed up with Breckenridge, Colorado for a camping experience out west. Camp programs from last year are being brought back again this year. Mr. Ford shared some success stories from the Blindness without Barriers program which will be taking place again this summer.
Mr. Ford reported that Paul Ponchilla from Western will be at Camp T for art camp and Collette Bauman will be there to run 2 camps.
Mr. Ford thanked the Commission for the opportunity to speak. He also shared that the Camp 30th Anniversary is being celebrated at Camp T this summer. He also mentioned that the longtime caretaker Bruce Bishop retired and a retirement ceremony was held with a renaming of the shop and pole barn to Bishop Shop.
Parents of Blind Children (POBC)
Commissioner Schuck, a member and past President of Parents of Blind Children (POBC) spoke about transitions focusing on the following topics:
· Outcomes are not being measured and need to be broadened and we need to redefine success for blind kids, especially ones with multiple disabilities;
· Wayne State University measures outcomes every three years which results in kids only being measured up to one year after graduation. The low incidence kids get lumped together so there are no distinctions. This measuring needs to be annual and the sample needs to be broadened.
· Interagency collaboration between MCB and the Department of Ed is another concern. MRS is focusing on transition including attendance at IEP meetings, seamless transition services, coordination of resources and other items. Commissioner Schuck focused on attendance at IEP meetings and giving more notice to counselors so they will be able to attend and putting the responsibility to set up the meeting on the teachers. She also spoke of creating an expanded core curriculum and how kids are assessed, possibly setting up a group from the Commission to work with MDE to choose items not measured by the MEAP to be used for assessment purposes. MDE could produce this in Braille and accessible format.
Commissioner Schuck said it would be a dream to have transition specialists in each region.
Michigan Parents of Children with Visual Impairments (MPVI)
Ms. Gwen Botting, President of Michigan Parents of Children with Visual Impairments (MPVI) gave an update from the group formed after her presentation to the Board three years ago: Quality Education Team for Students who are Blind or Visually Impaired (QET). The group will hold the 3rd Annual Braille-a-thon the following week at the Capitol, but with no source of funding, no authority and little to tie members together the QET will cease.
Ms. Botting shared that she will resign from her 12 years of Presidency at MPVI. She also said that parents in general have three main concerns for their kids: can my child graduate from high school?; can I keep my child safe?; and how will my child manage to take care of himself away from home? She urged MCB to take a more proactive role in advocating for adjustments to the MDE rules so that kids with disabilities, especially print disabilities, can graduate with math and science skills that are meaningful. Ms. Botting stated that kids with disabilities are spending many hours studying trying to keep up with these subjects. She added that she is not against a system that has people advocating for themselves but is against one that leaves little room for variation of needs and ability. She shared that the personal curricular criteria are very vague and it is unclear how they are to be applied in the cases of special education students whether they have serious learning disabilities or simply can't read print.
Ms. Botting stated that keeping children safe is another area where the Commission needs to advocate with the Department of Education. She reported that many school districts are asking academic teachers of the blind and visually impaired to also teach orientation and mobility without the proper certification.
The final question of how will my child manage to take care of himself away from home again requires the Department of Education to create a statewide policy to expand the standard core curriculum. She said this could include independent living skills, Braille instruction, mobility and social and leisure skill development. The state agency needs to advocate with the Department of Education.
Ms. Botting shared that, according to what she has heard anecdotally, the Commission does not have a very good reputation and that counselors are stretched too thin as they don't return phone calls in a timely manner, don't attend IEP's, and they don't show up to scheduled meetings. She also stated that teachers have been noted as being demeaning towards students and assessments are done in a very cursory and unprofessional manner. She shared that distribution of hardware is not consistent between clients with the same condition and the level of service received is dependent on who your counselor is and where you are located.
Ms. Botting concluded her comments stressing the value of face time and courtesy from both clients and staff. She asked if the Commission made one change that it be a more concerted effort to address all client concerns in a caring and forthright manner, better serving the client and leaving staff feeling more rewarded for their efforts. If administration can effect change that creates a more level playing field in the K-12 system this will trickle down to staff dealing with more confident, capable clients.
Michigan Council of the Blind and Visually Impaired (MCBVI)
Mr. Joe Sibley, President of the Michigan Council of the Blind and Visually Impaired (MCBVI) complemented Elsie on her success of the audio at the meeting. He also explained that MCBVI is an affiliate of the American Council of the Blind (ACB) and the 50th Anniversary of the organization is this summer. Mr. Sibley said he always tells people he gives presentations to, to take a look at both consumer organizations as they have different philisophy's and different tactics but their goals are basically the same, to improve the lives of all blind citizens in Michigan. He shared how both organizations sat down together last fall to come to consensus on objectives to suggest to the Commission Board.
Mr. Sibley explained the goals of MCBVI, the issues they support, the resources they utilize and that they provide a forum for people to express their opinions. He shared the organization is across the state and has a few new chapters starting up. MCBVI uses positivity in their dialogue encouraging people. The Braille Forum is the newsletter of the parent organization, ACB, that you receive after becoming a member. He reported that the National convention will be in Reno in July and the state convention will be Lansing in October, which will include a dinner river cruise fundraiser on Thursday night. Mitch Pomerantz, President of the American Council of the Blind will be the keynote speaker and in attendance throughout the weekend.
Mr. Sibley stated that an ongoing issue in the agency seems to be communication, which could alleviate some of the ALJ recommendations. He shared that caseloads are another issue within the agency.
Mr. Sibley recited the website address of MCBVI and that soon they will be on Facebook. He also shared that when he lost his vision getting involved in the consumer organizations was one of best things he did as it introduced him to a lot of people.
Chair Pilarski announced that she had to leave the meeting and Commissioner Schuck will stand in as chair for the remainder of the meeting.
National Federation of the Blind (NFB)
Ms. Mary Wurtzel announced that three of the people who were to present for the NFB had to leave. She also announced that the NFB National Conference will be held in Orlando, Florida in July and the State convention will be in Kalamazoo. Ms. Wurtzel stated that the NFB has developed some issues for presentation and copies have been given to the Board.
Ms. Teri Wilcox read issues aloud entitled Access is a Civil Right which included information being received from MCB in preferred format and a timely manner; solving the issues of accessibility in Main; MCB following ADA guidelines for accessible meeting sites; and continued violations of the rights of consumers to received information in a timely and accessible manner.
Ms. Wilcox continued on with her report urging the Board to have the LARA Director fill the ADA Coordinator position; ask that Patrick Cannon be removed as ADA Coordinator because of his ineffectiveness and chronic violations; ask that all ADA violations documented over the years with the Department of Educations Office of Civil Rights be considered a systemic complaint and conduct a full scale review of MCB; Direct the Director to contact DBTAC for a thorough staff and public obligations training and responsibility relating to the ADA; and asked the Board to contact Michigan Protection and Advocacy Services and advise them that access for blind and visually impaired persons be one of its top priority actions.
Ms. Wilcox then reported on budget information obtained from MCB. She explained that information uncovered suggests that there are ample funds to provide the necessary services to help all clients. She asked that the Board take charge of the MCB budget and budget process to get the Agency priorities in order.
Ms. Wilcox asked the Board to revisit the Board Bylaws including paying specific attention to the extraordinary power it gives to the Director; the time needed for Board members to receive information on issues they will be deliberating; and the limited time for presentation or response of issues from the blind public citizens. Ms. Wilcox then listed out suggested changes that be made to the bylaws.
Ms. Wilcox pointed out that many of the Commission staff hired came from Michigan Rehabilitation Services, the general rehab agency. She urged MCB to embark on a long term 5 year training program for new and existing staff to build it into a culture of high expectations and high quality outcomes, higher starting wages, advanced degrees and higher grades of students.
Administrative Reports (Continued)
Director's Report
Director Cannon called the Board's attention to the MCB Report and highlighted a couple items including the conference of the National Council of State Agencies for the Blind and a conference presentation by the Bureau of Engraving and Printing about accessible currency. He pointed to an article from the Department of Education speaking on requirements of Institutions of Higher learning to provide accessible technology to their blind students. The report also contained information about the mini adjustment program just completed in Escanaba and the ones coming up in Detroit and Gaylord.
Director Cannon clarified some misinformation about various public statements that need to be corrected. First, that the Client Assistance Program is funded or controlled by MCB is wrong and, in fact is part of Michigan Protection and Advocacy Services which is funded directly by RSA not through MCB and MRS. Director Cannon stated that toward the end of the meeting in March, there was a statement made by a former employee that his retirement benefits had been diminished by something Director Cannon had done. Director Cannon stated he has not, did not, and would not do anything with the Office of Retirement Services or anyone else to diminish the retirement benefits of Mr. Fred Wurtzel. Director Cannon stated that he spoke with Mr. Wurtzel after that meeting and assured him of this.
Director Cannon also clarified an earlier accusation made that under the leadership of the current BEP Manager there was a transgression that ended up costing the Commission $500,000 in a settlement. He stated that when the alleged transgression took place, Ms. Constance Zanger was not the BEP Manager but her predecessor was leading BEP at that time. Director Cannon stated he felt the situation was handled well and the Department of Licensing and Regulatory Affairs decided to settle this matter for $500,000 before it went to court. As for the dollar amount coming out of the Department for this matter, he again clarified that the Department was absorbing $300,000 of that settlement amount, and $200,000 would come from MCB, contrary to the statements made in today's public comment section.
On the subject of the ADA, Director Cannon explained that while he was the ADA Coordinator under the previous Governor, he is not the ADA Coordinator anymore as that role came to an end at the end of December. He stated that during his role there were a lot of advancements made in ADA compliance but state government is not yet perfect. A new State ADA coordinator has not yet been named.
Commissioner Scott asked for clarification on where the Client Assistance Program (CAP) is housed within State government. Director Cannon responded that it was removed from MCB and MRS during the 90's under the Engler Administration and moved to Protection and Advocacy Services. Commissioner Scott also inquired about writing letters if there are numerous complaints about CAP. Director Cannon suggested people write letters to the Governor's office. Commissioner Schuck asked if CAP was funded with a flat fee. The answer was not known how it was funded but CAP receives around $300,000. There was also a question on who CAP was accountable to. Director Cannon answered he believed it was RSA and to the Governor's office that designates them. He also said their role was to serve as resource for clients who don't believe they are getting the quality, amount or support of service they think they should.
POSONT MOVED TO ACCEPT THE DIRECTOR'S REPORT, SCOTT SECONDED.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY
The Board, staff and attendees all gave Ms. Elsie Duell and her team kudos for a job well done with the audio streaming.
Administrative Services Report
Ms. Elsie Duell, Administrative Services Manager stated that Al Pohl did an excellent job of explaining the budget and the budget process the day before, leaving all with a better understanding of the budget and the GF/GP allocation to MCB. She also explained that the cost of the Training Center Renovation project is being funded with foundation grants, state capital outlay and discretionary federal funds. Ms. Duell stated that MCB is currently under a spending and hiring freeze until the end of the fiscal year but that ARRA funds are not subject to that freeze.
Commissioner Posont asked about the staff placement positions which were hired with ARRA funds. Director Cannon responded that it would be ideal to have three job placement specialists within MCB and, although all three may not be possible, it is in the works to attempt to create a full time position for one.
Ms. Duell thanked everyone for the accolades for the all the hard work done on the audio streaming and she informed everyone that she did not do this alone but there was a team of 10 people.
Ms. Duell observed that she is working among a group of very talented and passionate people and is looking forward to the day that all can come to these meetings and remember that we are all on the same side, working toward the same goal, which is to extend services to the people of Michigan who are blind or visually impaired. Ms. Duell is hoping that as we learn to work together we can benefit the client in the end and this may lead to more productive meetings in the future.
POSONT MOVED TO ACCEPT THE ADMINISTRATIVE SERVICES REPORT; SCOTT SECONDED.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY.
Braille and Talking Book Library
Ms. Sue Chinault, Manager of the Braille and Talking Library highlighted some of the information from the MCB Report including the Technology Fair, which was just held and she added was one of the most successful programs they've held in recent years. She also informed attendees about the Book Club and Computer Club held once a month on a Saturday. Both of these can be attended in person or virtually by logging into the Opel online meeting room.
Ms. Chinault updated all on the digital deployment which is continuing. This deployment began in October of 2009 when the Library joined MCB and now 97% of the members have a digital player. Commissioners asked if there was an increase every month in downloading and the answer was yes. Ms. Chinault added that BTBL staff will be holding seminars for teachers on downloading books from BARD as digital players are sent to schools who have qualifying students.
Ms. Chinault pointed out that there will be a change in the sub-regional libraries as a couple of the counties are attempting to move this service into the public libraries.
POSONT MOVED TO ACCEPT THE BRAILLE AND TALKING BOOK LIBRARY REPORT; SCOTT SECONDED.
Discussion: There was no discussion.
THE MOTION PASSED UNANIMOUSLY.
NEW BUSINESS
Commissioner Schuck announced that there will be a New Business item on the agenda at every meeting from now on as this will give the Commissioners an opportunity to introduce new items. She also stated that during the budget freeze quarterly meetings will be held as scheduled and other meetings may be scheduled by phone in the future. Also the regularly scheduled meetings will be held for longer periods to take care of the some of the backlog of topics which need to be covered.
Commissioner Posont informed the Board that he had sent a letter to Chair Pilarski with a list of items which he wanted on the agenda and he asked this letter be put into the minutes verbatim. Ms. Luzenski acknowledged Commissioner Posont's request and although his letter was not read aloud and although it's contents were not discussed, his letter is attached to these minutes.
Commissioner Posont also referred back to his earlier statement in regards to the March minutes, that the Board has not received monthly budget statements since the March Commission meeting.
Commissioner Posont brought up a new summer program, Camp Daggett and requested that a Board member go, offering to be the one if Chair Pilarski doesn't go. He also commented on all the summer programs, stating that he feels the programs have spread participants too thin which has caused low numbers. He also asked to go to the next mini adjustment being held in Detroit.
Commissioner Posont asked to set up a committee to re-write bylaws, especially relating to calling meetings. This will be an ad hoc committee of the Board.
POSONT MOVED TO SET UP THIS BYLAW AD HOC COMMITTEE; SCOTT SECONDED.
Discussion: There was no discussion.
THE MOTION CARRIED UNANIMOUSLY.
POSONT MOVED THAT THE COMMISSION BOARD SET UP AN AD HOC COMMITTEE TO EXPLORE SOLUTIONS FOR THE CONTINUED ADA COMPLIANCE ISSUES INCLUDING AN AGENCY STAFF PERSON, COMMISSIONER, AND BOTH CONSUMER ORGANIZATIONS; SCOTT SECONDED
Discussion: There was no discussion.
THE MOTION CARRIED UNANIMOUSLY.
Commissioner Posont spoke to attendees that were not present the previous day at the meeting with Al Pohl stating that just stopping the spending isn't going to solve the long term issues. He recommended to all to get the recording of the meeting held on Thursday, June 16. Ms. Luzenski indicated that these recordings are available shortly after the meeting upon request.
SCOTT MOVED TO ADJOURN; SECONDED BY POSONT.
THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 5:04 p.m.
________________________________
Jo Ann Pilarski, Chair
Date:___________________________
ATTACHMENT TO THE MINUTES
June 6, 2011
Jo Ann Pilarski
Victor Office Center
201 N. Washington Square, 2nd Floor
Lansing, MI 48913
Dear Mrs. Pilarski:
I am writing regarding the MCB Board agenda. To recover the proper leadership of our board we need to begin to deal with relevant and meaningful actions that will allow us to assert our proper role in creating policy on behalf of blind people in our state. Below are items that we need to have on our agenda, either this month or in the future.
1. ** ADA compliance -- Too much MCB information is inaccessible to clients and other blind citizens. There should be no delays or questions about providing information in accessible formats in a timely manner commensurate with print. To the greatest extent possible, periodic, reports to the federal government and others ought to be posted on the MCB web site. This includes periodic budget reports.
2. All signage, meeting sites, and facilities used for any MCB activity needs to comply with state and federal accessibility requirements. This includes hotels, conference centers and training sites for Commission sponsored activities.
3. ** Bylaws - Our bylaws ought to be updated to recognize the right of all board members to set agendas and call for meetings. The bylaws ought to clearly delineate between the authority of the board and the role of the MCB Director as the subordinate of the Board.
4. ** Budget Reports - Budget reports ought to be provided to the
Board monthly and posted to the MCB website. This needs to be done routinely without prompting from the board.
** MCB Budget -- We need to establish an ad hoc committee to review the spending patterns of the MCB. It appears that too much is being spent on overhead while client funds remain unspent. We need to establish a benchmark for an appropriate portion of MCB funds that go to clients and funds that go to outside entities and do not directly provide services to clients. The cost of unsuccessful closures ought to be reviewed to determine how to spend less to not succeed and move more clients into the successful category of closures. We ought to place a moratorium on all non-essential activities of MCB staff and focus on maximum client contact by MCB staff. Caseloads need to be more balanced between urban and rural areas. Clients ought to be encouraged to accomplish as much training as they need to be fully job-ready and as employable as possible. All case services funds ought to be fully expended each year.
** Training - All MCB employees training ought to be suspended until the Board's training ad hoc committee has developed a proposal and the Board has set a comprehensive training policy for MCB.
5. ** Marksmanship Program - In view of the illegal firing of Christine Boone and the efficacy of confidence building skill training, this Board needs to direct the MCB- Director to immediately resume the marksmanship program at MCBTC upon the return of Ms. Boone to her job.
This should occur immediately, in the fall, when the Training Center reopens.
6. ** Staff notification of clients when on leave - Recently an MCB counselor took a leave and failed to notify most clients of her absence. MCB needs to have policy to assure this does not happen, again. In addition steps must be taken to enforce policy about return phone calls to clients in a timely manner.
7. ** Board meetings needed - As this list shows, this Board has a lot on its plate. We need more frequent meetings until this backlog is reduced.
8. ** AG representative for board - The MCB board needs an independent Attorney General Representative to assist us in dealing with various issues facing us. For instance the confusion surrounding the Risa Patrick-Langtry hearing could have been avoided if someone would have simply advised us on the proper procedure for remanding a hearing.
The present relationship between the current AG representatives and the Commission Director has caused our agency to lose 3 high-profile and ill-advised cases recently. When this added to the poorly handled BEP cases it is apparent that the MCB Director is not receiving quality legal advice.
9. ** Secretary for the board it seems inappropriate to comingle Board secretarial Duties with those of the MCB Director. To maintain an appropriate relationship between the Board and the Director, the Board needs to have support services which have a reporting relationship to the board, directly.
10. ** BEP remodeling plan - In view of the high-level concern with the catering capabilities and the preparedness of BEP operators to provide catering services, and the lack of spending of the BEP budget to improve the facilities and equipment, the BEP- needs a comprehensive plan to assure that all equipment and facilities are up-to-date and fully capable of providing the highest quality catering available.
11. ** BEP catering training plan -- Given the absence of much training in the last BEP training program and the apparent absence of any kind of on-going catering training for operators, the BEP needs to develop a comprehensive and rigorous training program for all BEP staff and operators. Such a training program must include incentives including stipends and promotional considerations for those who successfully complete the training.
12. ** -- Michigan Protection and Advocacy Services -- is not serving blind clients as it should. Calls of clients are not returned. What is the funding source for Michigan Protection and Advocacy Services? What can we do to improve this difficult situation?
13. ** -- A coordinator for blind children is needed. -- We need to have a coordinator and funding for this individual to coordinate programs for blind children.
If we do not address these items at the June 16-17 Meetings, then I ask that this letter be put in the minutes so that these issues can be addressed via a special meeting at a later date.
Jo Ann, this is a beginning list of items that have languished over the years causing the MCB Director to inappropriately manage the affairs of this agency. We need to act affirmatively and decisively to take control of what appears to be an out-of-control organization which is not fulfilling the promises of the Rehabilitation Act nor Public Act 260: promises to blind people and the taxpayers of this state.
Please feel free to call me to discuss how we can proceed to make MCB into a first-class quality driven rehabilitation agency.
Thank you.
Sincerely,
Larry Posont, Commission for the Blind Board Member
The primary goal of the Commission for the Blind is the gainful employment of Michigan's blind citizens. This is my primary goal as a Commissioner.
(313) 271-3058
Email: president.nfb.mi at gmail.com
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