[nfbmi-talk] mcrs draft minutes

joe harcz Comcast joeharcz at comcast.net
Fri Aug 15 21:04:01 UTC 2014


            ACTION ITEM
           
        
            DRAFT
           
        
 

 

 

 

 

 

MICHIGAN COUNCIL FOR REHABILITATION SERVICES

3490 Belle Chase Way, Suite 110

Lansing, MI  48911

517.887.9370 or 877.335.9370

                                                                               

                                                                               

Business Meeting Minutes

MCRS Office

Lansing, MI

Friday August 8, 2014

 

 

Members Present In-person:  Carol Bergquist, Sheryl Diamond, Trina Edmondson, Deanna Middlebrooks, Caryn Pack Ivey, Michael Poyma, Anne Riddering, Brian Sabourin.

 

Members Present by Phone:  Sara Grivetti, Jennipher Wiebold.

 

Members Excused:  Suzanne Howell (Department of Human Services – Michigan Rehabilitation Services DHS-MRS), Rod Jones, Adam Kaplan, Ed Rodgers (Department of Licensing and Regulatory Affairs – Bureau of Services for Blind Persons LARA-BSBP), Mitch Tomlinson.

 

Members Absent:  Mark Eastburg, William Jones, Matthew Weaver.

 

Guests Present In-person:  James Bunton (DHS-MRS), Carla Haynes (LARA-BSBP), Leamon Jones (LARA-BSBP), Ruth O’Connor (DHS). 

 

Guests Present by Phone:  Valarie Barnum-Yarger (Michigan Statewide Independent Living Council, MiSILC), Joe Harcz, Lisa Kisiel (LARA-BSBP), Dave Robinson, Joe Sontag, Beth White (LARA-BSBP).

 

Staff Present:  Marlene Malloy, Shori Teeple. 

 

Call to Order

The meeting was called to order by Chairperson C. Bergquist.  Roll call determined that a quorum was present.  

 

Welcome & Introductions

C. Bergquist welcomed Council Members and guests.  Introductions were made.

 

Agenda

The draft agenda (August 8, 2014) was reviewed by the membership.  

 

A motion, made by A. Riddering and seconded by T. Edmondson, was passed to approve the draft agenda as presented.

 

Minutes

The draft minutes (May 2, May 21, and June 20, 2014) were reviewed by the membership. 

 

A motion, made by S. Diamond and seconded by B. Sabourin, was passed to approve the draft minutes as presented.

 

Public Comment

The public comment statement was read aloud.

 

Joe Harcz

This is Joe Harcz, National Federation of the Blind.  It’s going to be hard to go over everything in 5 minutes, but I’ll tell you what, I love the so-called consumer satisfaction survey, finally remitted, put out by BSBP.  There is a lot that we don’t know, but there certainly are things we do know.  First is, it’s conducted by sighted, non-disabled student assistants, which is a pattern of practice of this agency that’s hired all these student assistants to do non-VR (vocational rehabilitation) programs with no accountability to perform these tasks.  Two, we also know that most people can’t be found, only 36% response.  What we don’t know is whether these were VR clients, whether these were elderly blind clients, whether they were clients prior to eligibility, anything.  We don’t have any real data.  What we also don’t know or what we do know by the response to question 2, is that most of the respondents got nothing, or got very little in alternate format, which is a substantial documentation of the breach of the Rehabilitation Act and informed consent and also a substantial breach of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act.  Ladies and gentleman, people are supposed to affirmatively get a formal application so the entire process, including their IPEs (Individual Plans for Employment), including assessments, including everything else in the most effective format.  It’s direct documentation of systemic violations of fundamental civil rights.  Also, there is no accountability, none, about where the money goes in this program.  Just today, before this meeting, I got a FOIA (Freedom of Information Act) response, a so-called FOIA response, wanting to charge me $90+ for asking a very simple question about what the $10,000 to the Lakeshore CIL (Center for Independent Living) was for.  Simple question, was it for services?  Was it for candy bars?  Did they take people out to lunch?  Who knows where this money is going.  We do know, as a matter of fact, that there’s major misappropriation of federal funds in this program, including the Business Enterprise Program, where they’ve got locations where they haven’t had a blind operator for more than a year, and now they’re staffing it with sighted, non-disabled student assistants.  What we do know, also, is that this agency has hired dozens upon dozens upon dozens of so-called student assistants, including law clerks and who knows what a law clerk has anything to do with the VR program, who are non-disabled and not blind.  Not a one.  This is supposed to be a vocational rehabilitation agency, ladies and gentlemen.  It doesn’t even hire people who are blind to do mundane tasks; in fact, it discriminates against people who are blind.  Outright, open, in the public, documented.  Also, when it comes to DHS (Department of Human Services), DHS is, in documented fashion, which I have documented over and over, not accessible to people with disabilities, for people with physical and sensory disabilities, including its website, including its applications and its forms.  We can’t get through the front door there.  I think my time is probably up, is it not?  Here’s what needs to be done:  what needs to be done is there needs to be a class action suit against both BSBP and against DHS, the DSA (designated state agency) for MRS, for their substantial legal violations of the civil rights provisions of the Rehab Act that funds this outfit.  Thank you.

 

Joe Sontag

Joe Sontag, Second Vice President of the National Federation of the Blind of Michigan and I’d just like to say once again thank you for your interesting comments and I’d just like to say, unlike the last meeting where we heard slanderous comments by Ed Rodgers, Director of BSBP, we don’t need that, we shouldn’t be entitled to be subjected to it, we should be subjected to our own treatment of our questions, of our grievances, and to engage in frank dialogue about those and the general seeking of agreement on things we can agree on and a general respect for the very basic property of following the law as opposed to making up the law and using a bully clause to beat the rest of us into submitting to it.  Thank you.

 

Dave Robinson

My name is Dave Robinson.  I am a member of the National Federation of the Blind of Michigan and also the President of the Jackson Chapter of the National Federation of the Blind of Michigan.  My comment today is, first of all, number one is to thank the staff of MCRS in regards to their ability and willingness to provide accessible information to us, one of the very few agencies that do that.  I’ll reiterate what Joe had said regarding accessibility to documentation is totally, totally absent in terms of BSBP, who should be, actually, the lead agency in terms of assuring that blind people get information in accessible format, but is not.  Other state agencies by law should be providing such information, for example, we can’t even get accessible information through the MAHS (Michigan Administrative Hearings System), who is supposed to be the clients’ of the agency’s way of grieving issues, we can’t even get accessible information, so it’s pervasive throughout the state.  I appreciate MCRS and their willingness to do what they’re supposed to do under the law.  In regards to my comments at the last meeting and whether or not those issues were valid or not valid, those were supposed to be supposedly disputed by Mr. Rodgers in writing.  I’m just curious whether or not Mr. Rodgers has even bothered to respond and respect your wishes in terms of dealing with that information that I gave to you, and I still contend that one statement that I made in regards to the Anderson Building, the other situations within BEP (Business Enterprise Program), they were correct, and my information is correct, and they’ve proven to be correct, and his comments about my validity and my character as far as a former employee of the agency I feel to be disrespectful and certainly not in a professional manner.  I did not slander him at all, but he chose to slander me in public, and that’s the type of character that’s heading up the BSBP, and unfortunately for us as clients of the agency.  We all have to work together to solve the issues, we all have to deal with services to clients throughout the state of Michigan in whatever way they need, and I call upon all of you that sit there, making decisions about whether or not the agencies are performing their duties as they should, to really, really look at what is being done and talking to the people that are really being affected.  Not one, not one person, even though they know that I am very knowledgeable about what’s going on and have been in this system for a long time, has even bothered to call me or even to call our president, as the elected official/leader of the National Federation of the Blind of Michigan to talk to them about how do clients feel about services, are clients getting what they need.  I call upon all of you to get out there and do your research and make your decisions based upon the real facts of life here in Michigan, and believe me, life in Michigan for disabled people, especially blind people, is miserable, and you’re responsible for changing that dynamic.  Thank you.

 

Executive Team (ET) Report

Members reviewed the proposed Final ET Minutes for May 20, June 10, and June 24, 2014.  A question was asked about an expected timeline for turnaround of clarifications and corrections for the April 22, 2014 minutes, which were not included in the motion for acceptance.  It was determined that the ET will meet during a separate session to discuss the inquiry; an anticipated turnaround time and response to the member who inquired should be accomplished by Friday August 15th.

 

A motion, made by B. Sabourin and seconded by D. Middlebrooks, was passed to accept and place on file the final ET minutes as presented.

 

Financial Operations

Members reviewed the Financial Statements for April, May, and June 2014.  An update was provided for the current state of financial operations, which are solid and in keeping with the Council’s budget and resource plan.  In working with the Council’s fiscal agent, the FY 2014 budget redress for MRS has been completed, while a redress for BSBP will be in process next week.  Regarding the June 2014 financial statement for BSBP, which indicates a miscellaneous line item amount of $.01, a question was asked whether this was a typo or an actual dollar amount.  In response, it was stated that this line item amount will be double checked for accuracy.

 

A motion, made by A. Riddering and seconded by M. Poyma, was passed to accept and place on file the Financial Statements for April, May, and June 2014 as presented.

 

Draft MCRS Strategic Plan FY 2014-2015

Members reviewed the Draft Strategic Plan for FY 2014-2015, as presented by the Executive Team for review and approval.

 

A motion, made by D. Middlebrooks and seconded by A. Riddering, was passed to approve the Draft MCRS Strategic Plan FY 2014-2015 as presented.

 

ET Updates

MRS State Director Meeting

At her request for a meeting with the membership, S. Howell, MRS Director, hosted an in-person meeting with council members and staff on June 17th.  During the very productive meeting, S. Howell and MRS Executive Team Members presented the MRS Vision Statements, with opportunities for open interactions with and questions from the Council.  In moving forward with the partnership, it was agreed upon to have open dialogue and to work together to make things happen for people with disabilities in Michigan.

 

State Plan Designated State Unit (DSU) Responses to Attachment 4.2(c)

Members discussed the Final Attachment 4.2(c) and State Director’s response to the Council’s recommendations for the FY 2015 MRS State Plan, as well as the Final Attachment 4.2(c) for the FY 2015 BSBP State Plan.  As of this date, a response to the Council’s recommendations in BSBP’s Attachment 4.2(c) has not yet been received from the BSBP State Director.  Experiences in working with both BSBP and MRS for the State Plan processes went very well, with both agencies eager to work with the Council.

 

Meeting with BSBP Administration and Field Manager Staff

At the direction of the ET, MCRS Staff has initiated communication with BSBP Administration in order to schedule meetings with BSBP Administration and Field Manager Staff to discuss the Council’s responsibilities to partner with BSBP under the federal mandates.  Also in process are plans to conduct a State Rehabilitation Council (SRC) 101 Orientation Training for BSBP Staff.  BSBP Administration has been open to these opportunities to partner with the Council.  

 

Update - Department of Licensing and Regulatory Affairs – Bureau of Services for Blind Persons (LARA-BSBP):  Leamon Jones, Director of BSBP Consumer Services Division

BSBP is moving ahead with all of its programs.  The State Plan has been completed and the State Director’s response to the Council’s recommendations will be shared with the Council by the end of the day.  All programs are on target as they work toward their goals and objectives for this fiscal year.  New staff has been hired with more interviews in process, as well as staff/new counselor trainings being conducted.  Plans are in place to work to improve transition activities and further develop those kinds of agreements and opportunities for transition youth, including contacts being made this fall with intermediate school districts in the Upper Peninsula and also Centers for Independent Living (CILs).

 

Update - Department of Human Services – Michigan Rehabilitation Services (DHS-MRS):  James Bunton, Division Director

Thanks were extended to the MCRS and staff for the Council’s participation with MRS, Project Excellence, and other partners during recent committee meetings for the Comprehensive Statewide Needs Assessment (CSNA).  

 

State Director’s Visits to Field Offices

S. Howell continues to visit MRS district and field offices, discussing the MRS Vision Statements and Values as well as having districts develop their own visions and values that align with those of MRS.  

 

Strategic Planning Committee

The Director has developed a Strategic Planning Committee, which consists of representatives from MRS, CILs and Community Rehabilitation Organizations (CROs).  The Committee’s purpose is to strengthen networking and coordination of services from these agencies to persons with disabilities.  Subcommittees have been formed, which include staff from each of the partners and focus on Benefits Planning, Long Term Care, and Transportation.

 

MRS Redesign

MRS is presently responding to DHS requests for supervisory ratio requests and realignment, while waiting for DHS approval for implementation.

 

Personnel

Phase 1 is moving forward with approval to hire 18 positions, with emphasis on counselor vacancies.  Interviews and new hires have taken place at various offices, with a push to fill counselor vacancies first, followed by Phase 2 hires for other positions based on priorities outlined by district staff and as reviewed by the Executive Team.

 

Business Service Initiative

In response to the Governor’s directive that MRS is the internal business liaison for hiring individuals with disabilities, MRS has begun a new Business Service Initiative.  Business Resource Specialists have been identified for all MRS Districts, and training will be implemented for Specialists so that they may train counselors to effectively respond to employer requests.

 

Talent Acquisition Portal (TAP)

In an effort to assist the Business Service Initiative, MRS has implemented the TAP, which is a federal talent bank that enables employers and businesses to access potential customer candidates who are ready for employment to begin the hiring process.

 

Rehabilitation Services Administration (RSA) Monitoring Visit

For the past 3 months, MRS has been preparing for the RSA monitoring visit.  While Tina Fullerton and the committee have done an excellent job preparing for the visit, recent changes in legislation for the Workforce Innovation and Opportunity Act (WIOA) have postponed the RSA visit to MRS this summer.  It is anticipated that the visit will be rescheduled within the next few months.

 

Leasing Update

MRS is continuing to respond to DHS’ request for reduction of brick and mortar, which involves reducing offices and combining others with DHS offices.  Three MRS offices in Detroit (Porter, Hamtramck, and Fort Street) are targeted to move in with the Western Wayne DHS Office in April 2015.  The MRS Western Wayne and Taylor offices will be merging as well.

 

Mobile Workers

MRS has initiated a Mobile Worker pilot with 3 MRS offices in Detroit, developing processes and procedures to give counselors more access to the community, locations for them to meet with customers, technology to assist with communication, and the potential for mobile workers to be implemented statewide.

Certified Nursing Assistant (CNA) Program in Benton Harbor

A specialized CNA Program has been completed in Benton Harbor, as a result of a DHS Partnership, Accountability, Training, Hope (PATH) Program and MRS to develop a CNA training program for customers from both DHS and MRS to increase their opportunities for employment.  This has been a good opportunity for collaboration with successful outcomes.  

 

Safety/Closure Procedures for MRS Offices

New procedures have been implemented following an increased number of threats in offices.  

 

FY 2015 State Plan

With the FY 2015 State Plan submitted to RSA, MRS is at or above reaching target goals of 80% for applications, eligibility, services, and closed rehabilitations.

 

Questions (Q):

 

Q: Has MRS determined how much money will be given back to RSA, since MRS has been unable to match the federal funds?

 

Response (R): At this time, no, but the information can be obtained for the Council.

 

Q: Regarding policies and procedures for mobile workers, what is the protocol for assuring confidentiality of customer information?

 

R: An overview was provided of the measures that will be taken to assure customer confidentiality for mobile workers as outlined for mobile workers in the pilot program.

 

Report of the Executive Director (ED):  M. Malloy

A written staff report was included in the meeting packet.  With regard to the National Coalition of State Rehabilitation Councils (NCSRC), two new members have recently joined: the Arkansas (General) SRC and the Wyoming (Combined) SRC.  The NCSRC also recently contributed a position statement to RSA regarding the Coalition’s stance that it will be a disservice to VR for all Technical Assistance and Continuing Education (TACE) Centers to be discontinued.  The removal of TACE Centers will be the result of the RSA Commissioner’s plans for a new model to be implemented for VR training and continuing education.  Plans are moving forward for conducting the NCSRC national 2-day training sessions this fall (November 8 and 9).  A recent NCSRC national teleconference call was joined by Sue Rankin-White from RSA, who presented an overview of the new WIOA legislation.  Staff is also working on preparations for hosting the MRS Champion Awards event this fall (October 2).

 

Advisory Work Team Reports

Customer Experience - M. Poyma (Chair)

An overview was provided of the work team’s current discussions, with an emphasis on creation of a dashboard for ongoing review of data and other information pertinent to the customer experiences for BSBP and MRS.  The team’s focus will center on review and analysis of BSBP and MRS customer satisfaction survey (CSS) processes, tools, and results, as well as review and analysis of services and data related to transition aged youth for both agencies.

 

Regulatory Guidance - A. Riddering (Chair)

An overview was provided of the work team’s current discussions during 3 recent meetings.  The team’s goals and strategies were reviewed, as well as finalized documents for 1) an Annual Activity Calendar to track progress for the Council’s regulatory requirements (State Plan, CSNA, CSS, Annual Report, etc.), 2) an Annual Report Outline, 3) the MCRS State Plan Process, and 4) the Regulatory Guidance Work Plan.

 

Members reviewed the final Regulatory Guidance minutes for May 23 and June 17, 2014.

 

A motion, made by S. Diamond and seconded by T. Edmondson, was passed to accept and place on file the final Regulatory Guidance minutes as presented.

 

State Plan - B. Sabourin (Chair)

An overview was provided of the work team’s 5 teleconference meetings and accomplishments over the past few months.  Attachments 4.2(c) for both BSBP and MRS were drafted, updated, reviewed, and approved by the membership in May and June 2014.  In addition, the MCRS was represented at BSBP and MRS State Plan meetings, with Council input being welcomed by both agencies and included in both State Plans. 

 

Members reviewed the final State Plan minutes for April 18, April 28, May 6, and May 13, 2014.

 

A motion, made by M. Poyma and seconded by D. Middlebrooks, was passed to accept and place on file the final State Plan minutes as presented.

 

Members reviewed the draft State Plan minutes for May 27, 2014.

 

A motion, made by A. Riddering and seconded by M. Poyma, was passed to approve the draft State Plan minutes as presented.

 

Customer Service System Issues - Brian Sabourin, Vice Chair

Client Assistance Program (CAP) – B. Sabourin 

A written report was included in meeting packets.  With now 2 Advocates, caseloads have been smaller.  An outreach program is in development to reach out to clubhouses in Michigan to share information about CAP with Community Mental Health peer supporters.  

 

DHS-MRS Administrative Hearings Manager – R. O’Connor

A written report was included in meeting packets.  It was added that 4 redacted MRS customer hearings reports were included in meeting packets for the Council’s review.

 

Partner Reports - B. Sabourin, Vice Chair

Michigan Statewide Independent Living Council (MiSILC) - S. Grivetti

A written report was included in meeting packets.  It was added that with the passing of recent WIOA legislation, the Independent Living Program, which includes CILs and the SILC, will be moved to the Department of Health and Human Services.  Some highlights were shared of anticipated changes that will take place as a result of the transition.

 

Governor’s Talent Investment Board (GTIB) – W. Jones (absent)

Report not available.

 

Hannahville Indian Community - C. Bergquist  

There have been some recent staffing changes with their federal grant, including the addition of two new staff members who have joined the team to fill positions that were vacated by a VR counselor and rehabilitation assistant.  October 1st will be the final year of a 5-year grant, so they will be applying next year for another 5-year grant from RSA.  A supportive housing initiative at Hannahville is moving forward with providing a clean and sober living environment for participants, with VR and behavioral/mental health wrap-around services available as well.

 

Michigan Alliance for Families – C. Pack Ivey 

An overview was provided of the Michigan Alliance for Families, which is the federally funded Parent Training and Information Center for the state.  Information and referral services are provided to families with children/young adults with disabilities from birth to age 26.  The website is an excellent resource for families, educators, and service providers for the types of services offered:  www.michiganallianceforfamilies.org.  

                                

Michigan Department of Education/Office of Special Education (MDE-OSE) - S. Diamond

An overview was provided of recent updates within the MDE-OSE, including Common Core Standards.  MI-Access assessments, which are assessments created for students with disabilities who are being taught to a curriculum for alternate achievement standards, were highlighted.  Charter Schools were discussed, including concerns that have been present from the beginning with regard to students with disabilities being turned away from doors of Charter Schools, which are by law public schools.  Various anticipated changes in rule sets and personnel at MDE-OSE were also discussed.  A toll free phone number was shared for anyone who has questions or concerns about Special Education:  1-888-320-8384.

 

Appeal and Hearings Rights and Procedures Presentation:  Carla Haynes (LARA-BSBP Hearings Coordinator), R. O’Connor (DHS-MRS Administrative Hearings Coordinator), B. Sabourin (CAP Director)

A joint presentation was conducted, which included an overview of processes and procedures for appeal/hearing rights for customers of BSBP and MRS, as well as the process for the selection of impartial hearing officers.  Content was reviewed directly from the federal regulations and Rehabilitation Act, with questions asked and answered.

 

Public Comment

There was no one present to make public comment.

 

Other Business

Before conclusion of the meeting, MCRS Members received the BSBP State Director’s response to the Council’s recommendations in Attachment 4.2(c) for the FY 2015 BSBP State Plan.

 

Adjournment

There was no further business for discussion.

 

A motion, made by A. Riddering and seconded by D. Middlebrooks, was passed to adjourn the meeting.

 

The meeting was adjourned at 1:32 p.m.

 

NEXT BUSINESS MEETING: 

Tuesday November 18, 2014

MCRS Meeting Room, Lansing
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