[nfbmi-talk] re-iterated request mpas you need to follow the laws too

Mon Feb 10 13:39:49 UTC 2014

February 10, 2014

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

To: Elmer Cerano

Mark Cody

Mark Mcwilliams

Michigan Protection and Advocacy Services Inc.

(Via e-mail)

Sirs,

Attached after my signature line are the last meeting minutes I received from MPAS. I’ve requested subsequent meeting minutes several times in accessable and timely format and in accordance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and appropriate state laws. I’ve given you, our federally funded Protection and Advocacy Service notice, citationns, etc.. I fully expect that you all follow our civil rights laws that you are funded to support.

You have not done so in the case of this blind person. It is time to start by remitting requested minutes, latest 990s, and other information requested.

How can you fight for our access issues if you don’t follow them yourselves?

So remit requested documents as either plain text enclosures or attachments to my e-mail address listed above or send them to me in contracted Braille.

Sincerely,

Paul Joseph Harcz, Jr.

Attachment for reference:

MICHIGAN PROTECTION AND ADVOCACY SERVICE, INC.

BOARD OF DIRECTOR=S MEETING

May 21, 2013

Directors Present: Michelle Huerta, President, Kate Wolters, 1st Vice President, Tom Landry, 2nd Vice President (via phone), John McCulloch, Treasurer, Pam Bellamy, Secretary, Ron Bush, Donna DePalma, Terri Lynn Land, Mark Lezotte (via phone), Susan Odgers, Stoney Polman, Jane Shank, Rick Swegles

Directors Absent: Kathy McGeathy, Frank Turnage

Staff Present:  Michele Brand, Elmer Cerano, Mark Cody, Camilia Limas, Michelle Mull, Chris Rodriguez

Guest: Veda Sharp, Jill Busha, PAIMI Council member (via phone)

I.  Call to Order

Pending the arrival of Board President, Michelle Huerta, the meeting of the MPAS Board of Directors was called to order by 1st Vice President, Kate Wolters at 12:03 pm.

II. Introductions

Introductions were made.  

III. Agenda

The agenda was presented for review. Kate Wolters asked to amend the agenda and move public comment after the approval of the minutes. Elmer asked that Chris Rodriguez’s report be moved ahead also as a part of the Executive Director’s Report.

MOTION BY Stoney Polman TO APPROVE THE AGENDA AS AMENDED.   SECOND BY Susan Odgers. MOTION PASSED UNANIMOUSLY.

IV. Minutes

The Board reviewed the minutes of February 26, 2013. 

MOTION BY Ron Bush THAT THE MINUTES OF FEBRUARY 26, 2013 BE APPROVED AS SUBMITTED.  SECOND BY Susan Odgers.  MOTION PASSED UNANIMOUSLY.  

V. Public Comment

Sean Bennett was present for public comment to convey his concerns about the direction MPAS is going, in particular the rights of patients to refuse psychiatric drugs.  He submitted written information regarding the right to refuse drugs. He would like to see MPAS protect rights. Mr. Bennett feels that people are better off not taking psychiatric drugs as they exist. He states that Michigan is the worst state to protect the right to refuse drugs and that people have the right to informed consent.  

Kate Wolters thanked Mr. Bennett for his public comments and appreciate his point of view. 

VI. Executive Director’s Report

Medicaid Expansion

Elmer Cerano reported that the big issues in the Legislature right now are Medicaid Expansion (Healthy Michigan.) This has been a major focus of all the disability groups over the last month. He asked Chris Rodriguez to explain the details.

Mr. Rodriguez stated that Representative Lori and Pscholka are working together to take a broad look at what is taking place in other states in respects to Medicaid expansion.  That being said, there seems to be a large amount of concern within the more conservative side of the legislature focused on wanting to include language to promote "personal responsibility".  This "personal responsibility" could result in additional provisions which could include financial cost sharing such as copays and premiums.

The primary component that MPAS has issues with is the 48 month cap. Individuals will not be allowed to be on Medicaid for more than a period of 48 months (there are provisions that exclude individuals with disabilities.)

Susan Odgers stated that every group that she has contacted is in support of Medicaid Expansion. She would hope that the agency would use this as an opportunity to educate folks that we don’t usually have access to about what the needs are and what the coverage is.

Do-Not-Resuscitate

The DNR bills would, if passed, allow a guardian the authority to invoke and execute a do-not-resuscitate on behalf of the person with a disability in which they are responsible for. Susan Odgers asked who is driving the Do Not Resuscitate-DNR legislation. Chris stated it is primarily the nursing homes that are pushing it. The DNR bill allows guardians to establish Do-Not-Resuscitate orders on behalf of people with disabilities.

Pam Bellamy asked if the DNR bill passes, what is the agency’s next strategy and where do we go. Elmer stated that we will start a campaign to help people understand that there are alternatives to guardianship and promote advance directives and to also educate the probate judges.

Elections

Ron Bush stated that in 6 months there will be another round of elections. Mr. Bush asked if this would be an opportunity to revisit the issue of accessibility. Terri Land stated that she has called Chris Thomas, Michigan Elections Director, about the inaccessibility issues and she has also spoken with Janice Winfrey, Detroit City Clerk, who is working on fixing up locations. Ms. Land has offered assistance to Mr. Thomas and Ms. Winfrey and will keep on them to continue fixing up locations.  

Chris Rodriguez stated that since the 2012 elections, MPAS has had a great relationship with the Bureau of Elections office and they have been very receptive to our requests on accessibility

Susan Odgers asked if what we have in our budget for PAVA, can it be used in the next election and what we are doing with the money budgeted.

Ron Bush asked if there is value in inviting the Secretary of State or Janice Winfrey to our next board meeting. Terri Land stated they are on board so it is not necessary.

Auto No-Fault

Donna DePalma asked about the auto no-fault proposal and trying to pass or try to use negotiation tactics to increase the cap to $5 million. Chris Rodriguez says he observed testimony and has not heard about the $5 million cap.

Website

Susan Odgers asked about the status of the website. She has spent time on the website and on Facebook. Ms. Odgers suggested that the Board and PAIMI Council meetings be listed on the website and any hot issues that we are talking about should also be on the site.  Ms. Odgers questioned whether any of the money from PAVA may be used to fund the site.

Chris Rodriguez stated the primary project website manager came to the last manager’s meeting. Chris stated that the site is generally done and the team is in the process of uploading information. The website team is meeting with other agency teams regarding their input and what they want to see on the site about their teams. Terri Land suggested events be on the front page of the site. Chris stated that he will send out the link to the board for review and comments. Ms. Land suggested Twitter and Facebook be on the feed. Ms. Odgers suggested that we list the inaccessible polling sites along with photos on the website and Facebook page.

Ron Bush asked for a drop dead date of when the site will be live.  Chris said it will be in the next 6-8 weeks. Mr. Bush would like the site to be up by July 1. Elmer stated that we will have the site up as soon as practical.  

Chris Rodriguez thanked everyone for their attendance at the Legislative event and to thank those that went to DC for Hill visits. Their input has been very helpful

Susan Odgers mentioned that in September it will be her and Rick Swegles last board meeting. She suggested that we invite Rick Swegles and her legislators to the next meeting and have a mini legislative event. This is a way to leave their service a little more significantly.

Elmer reported on the recent trip to D.C. Michelle Huerta reported on her experience in D.C. and that she gets angry that they do not understand that disabilities are a nonpartisan issue.

Elmer reported that MPAS is working with Wayne State University, DDI on submitting a proposal for the Navigator Program as a part of the Affordable Care Act.

VII. PAIMI Council

Jane Shank reported for the Council.  Mrs. Shank gave a recap of the most recent Council meetings. The Council has been working on Phase I of the Code of Conduct. The Council also made recommendations for the PPR in November. In December, the Board asked the Council to look at the Sandy Hook tragedy and bring forth recommendations regarding constitutional rights to bare arms and its implication for people with mental illness. 

At the May 1 meeting of the Council, the Council finalized the Code of Conduct-Phase I for board approval. It was a recommendation of NDRN and their technical assistance staff that a formalized code of conduct would be helpful in moving the council along due to its history. The Code includes expectations of the Council members themselves, the expectations and relationship to the Board of Directors, expectation from the Council to staff and expectations to the community at large.

JANE SHANK ASKED THE BOARD TO REVIEW THE CODE CONDUCT PHASE I AND RECOMMENDS THE BOARD APPROVE AND ACCEPT THE DOCUMENT. SUPPORT JOHN MCCULLOCH. SECOND RON BUSH. MOTION PASSED UNANIMOUSLY.

Stoney Polman congratulated Ms. Shank for all her hard work.

Susan Odgers asked if all PAIMI Councils have a Code of Conduct and does the board abide by the Code.

Mr. Cerano stated that he was not aware of any other PAIMI Advisory Council having a Code of Conduct, Michigan may be a model for others.  Mr. Cerano also stated that the Council is a Committee of the Board of Director’s and the MPAS Board does comply. 

.

Jane stated there was a “boiler plate” document written from NDRN. Since the creation of the Code of Conduct document other P&A Councils have expressed an interest in adopt the Council’s code.

MOTION BY Terri Land THAT AFTER A YEAR, THE COUNCIL WILL COME BACK AND REVIEW THE CODE OF CONDUCT. SECOND by Susan Odgers.  MOTION PASSED UNANIMOUSLY.

Gun Violence Discussion

The PAIMI Advisory Council held a conference call to discuss the issues surrounding gun control and Mental Illness in light of the Sandy Hook Shootings.  The write up by Dr. Doug Olsen regarding the discussion was distributed to the Board. The discussion entailed:

 -what will proposed gun registries include?

 -what is included in proposed background checks?

- what lists are already available?

- Are current registries public records and do they include people with a diagnosis of Mental Illness?

The question is, "people with a diagnosed mental illness forfeit their constitutional protections under the 2nd Amendment?"

Discussion ensued concerning registries of people with mental illness will further stigmatize mental illness and discourage people with mental illness from seeking treatment. 

There is also growing concern that Doctors will provide treatment and medications but may be reluctant to diagnose for fear of inadvertently placing people on a registry.

Elmer stated he had asked the MPAS Legal Team to look at the legal issues surrounding these questions for the Advisory Council.   

After discussion, Ron Bush asked Ms. Shank if she is coming to the board with a recommendation for action. Ms. Shank stated that the Council has more work to do and asked for continued suggestions or information from the Board. Mr. Bush commended the Council for doing a great job on addressing this difficult issue. 

Cerano agreed with Ms. Shank that this topic needs more discussion by the Council before it is ready to make a policy recommendation to the Board of Directors. 

Mark Cody agreed to go to a Council meeting to discuss and flesh out the legal issues.  Ms. Shank stated that the Sub Committee of the Council will have a conference call prior to the Council's August meeting.  Mr. Bush asked if it was possible for the Council to come to the September Board meeting with a recommendation for board action. Ms Shank stated that was her intention.

VIII. Board Development

Mark Lezotte reported that the Development Committee has met. He introduced potential new member, Veda sharp.  The Committee will move to formally elect Ms. Sharp as a member to the board.  The Board is fortunate to have Ms. Sharp who has agreed to serve if elected.  Ms. Sharp recently retired as the Executive Director of the Detroit Wayne CMH Agency and has a lifetime of personal and professional expertise in the field.

MOTION BY MARK LEZOTTE TO FORMALLY ELECT MS. VEDA SHARP TO THE MPAS BOARD. SUPPORT BY KATE WOLTERS. MOTION PASSED UNANIMOUSLY.

At this time, the Committee is considering categories for new membership skill sets to recommend to the board. The Committee is trying to get the broadest possible representation from across the state. We have challenges in getting people from the U.P. and rural areas. He noted that we need to be more aggressive in reaching out to the Arabic and Spanish communities. The Committee would like to explore the idea of an individual with marketing and social media expertise.  

Ms. Sharp thanked Mark Lezotte and Elmer Cerano for their overview of the work of the board. She is thankful for the opportunity to participate and continue to serve the community. 

IX. Budget & Finance

John McCulloch reported for the Committee. 

Mr. McCulloch reviewed the Budget v Actual Spending (document attached). The balance sheet shows that we are still in a good position on a net asset stand point. 

MOTION BY John McCulloch TO RECEIVE AND FILE ATTACHMENT I. SUPPORT BY Teri Land. MOTION PASSED UNANIMOUSLY.

New Corporate Resolution on Investment Account

Mr. McCulloch brought forth Attachment J (attached), New Corporate Resolution Certification. The new certification would allow MPAS to invest appropriately. Michele Brand stated that this allows the agency to open Certificates of Deposit (CDs). The current account has stagnated and is not earning  interest.

MOTION BY John McCulloch TO APPROVE THE OPENING OF THE NEW ACCOUNT.  SECOND BY Kate Wolters. MOTION PASSED UNANIMOUSLY. 

The Committee presented the revised budget for the remainder of the 2013 fiscal year. Mr. Cerano stated that beginning October, 2012, MPAS lost the Protection & Advocacy for Beneficiaries of Social Security (PABSS) program which was funded but not authorized by Congress. The PABSS program has now been reinstated retroactive to October 1, 2012. We have begun to spend money in the program and are getting new clients and reopening old ones. 

MOTION BY John McCulloch TO APPROVE THE REVISED BUDGET AS PRESENTED.  SECOND BY Stoney Polman. 

Susan Odgers asked if we are freezing pay and hires.  Michele Brand stated that we estimated and budgeted less income then we actually received.  The grants that have come in so far are coming in at or better than what was budgeted. Cerano stated that he is hoping to give minimal staff raises effective July 1, 2013, depending on contract negotiations.

Cerano stated that we are not at a staffing freeze. We budget for and add or decrease staff based on agency needs.  Cerano stated that salary raises had not been given over the past two years.  

Susan Odgers asked how much we are spending to make money. Ms. Brand stated that through March 31, 2013 we have brought in $10,000 and have spent $3,300. This is a 300% return on investment. There is currently $152,000 in fundraising account.

MOTION CARRIED UNANIMOUSLY.

Pam Bellamy questioned whether the Sequestration and implementation of the Affordable Care Act in January 2014 will have an impact on the employee benefits. Michele Brand stated that we may see changes in our health care during our next open enrollment in December but it is too soon to tell. IN building the 2014 budget we will anticipate level or increased costs.

General Fund Reserve Policy - Attachment L

John McCulloch reported that on the balance sheet under net asset area, there are various categories which were not clearly defined as what the appropriate level of funding is for those line items or reserves.  Mr. McCulloch had asked Michele Brand to come up with a general fund reserve account designations and to formulate what was an appropriate threshold to keep in specific categories under the net asses.

Mr. McCulloch stated that on the “green sheet” we looked at Operations & Contingency Reserve which was primarily driven by the big unknown of the federal budgeting process and what the organization keeps in reserve for unanticipated funding decreases. It was determined to keep one month worth of expenditures in the reserves, $313,000.

Under IT & Capital Asset Reserve: we anticipate over the next 5 years a significant investment to upgrade our IT. In a three year period it is anticipated to be about $295,000.

Under the unrestricted reserve, we have not identified any specific need for that balance.  This would be most likely the reserve we would dip into if needed.

RECOMMENDATION BY JOHN McCulloch TO ADOPT THE GENERAL FUND RESERVE POLICY AS PRESENTED.  SECOND BY Teri Land. MOTION PASSED UNANIMOUSLY. (Attached)

X. Team Reports

Elmer Cerano reported that Detroit Wayne CMH Agency has now become a mental health “Authority” under state law.  Detroit/Wayne is the largest mental health system in the state. The new Authority will be appointed by the County Commissioner. Six members will recommended by the City. The recommendations will go to the Wayne County Board of Commissioner and they will make the appointments. 

CAIR Team

Michelle Mull gave an update on the CAIR team’s monitoring activity at Walter Reuther Psychiatric Hospital (WRPH).  WRPH continues to be visited by Centers for Medicaid and Medicare Services (CMS) and the hospital continues to be cited for being out of compliance in a number of areas. There is an unofficial hold on admission to the facility which has caused an increase of patients at The Center for Forensic Psychiatry. 

Nursing homes – the CAIR team had been filing complaints about abuse against the professional licenses of nurses and certificates of CNAs. There has been a number of nursing licensing suspensions for a year.

Ms. Odgers asked if it could include a little more information on the outcomes document that the board receives. Ms. Mull agreed.

Legal Team 

Mr. Cody mentioned that NDRN has offered a 12 session 2 hour study on complex litigation for P&A legal teams across the country. The Legal Team sat in on the sessions and feels it was a real efficient way to improve the skill set of the attorneys and what can be done.

Mr. Cody reported on the Manor Foundation child caring institution which has been closed. The Legal Team has gone out to visit the children at their new placement. Things are changing for the better for the kids, but, we still have a failing foster care system.  (MPAS investigations related to abuse and neglect at the Manor have been reported to the MPAS board over the past several years.)

X. Adjourn

MOTION TO ADJOURN.

Next meeting, Tuesday, September 17, 2013. Location to be determined.

Minutes prepared by:                                                                                                              

                                    Camilia Limas, Executive Secretary               Date

Minutes approved by:                                                                                                             

                                    Pamela Bellamy, Secretary                             Date