[nfbmi-talk] trying draft mcrs minutes again

[joe harcz Comcast]

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