ACTION ITEM
DRAFT
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1650 Kendale Blvd. Ste. 95 East Lansing, MI 48823
MICHIGAN COUNCIL FOR REHABILITATION SERVICES
1650 Kendale Blvd. Suite 95
East Lansing, MI 48823
517.483.2826 or 844.780.2193
Business Meeting Minutes
Wednesday February 15, 2017
Okemos Conference Center, Okemos
Members Present: Carol Bergquist, Sheryl Diamond, Suzanne Howell (Michigan
Department of Health and Human Services – Michigan Rehabilitation Services MDHHSMRS), Caryn Pack Ivey, Steve Perdue, Anne Riddering, Bill Robinson (Department of
Licensing and Regulatory Affairs – Bureau of Services for Blind Persons LARA-BSBP),
Brian Sabourin, Elaine Wood.
Members Excused: Michael Poyma, Mitch Tomlinson.
Members Absent: Ed Benning.
Guests Present: Tina Fullerton (MDHHS-MRS), Joe Harcz, Brenda Henige (United
Cerebral Palsy of Michigan), Leamon Jones (LARA-BSBP), Lisa Kisiel (LARA-BSBP),
Shannon McVoy (LARA-BSBP), David Robinson, Jeff Welsh (Office of Internal Audit
Services).
Staff Present: Marlene Malloy, Shori Teeple.
Call to Order
The meeting was called to order by Chairperson B. Sabourin. Roll call determined that a
quorum was present.
Welcome & Introductions
B. Sabourin welcomed Council members and guests. Introductions were made.
Agenda
The draft agenda (February 15, 2017) was reviewed by the membership. It was noted that
the agenda should be amended to reflect the meeting’s date as February 15, 2017 as
opposed to January 17, 2017 as printed on the agenda.
A motion, made by C. Pack Ivey and seconded by S.
Diamond, was passed to approve the agenda as amended.
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Minutes
The draft business meeting minutes (November 15, 2016) and draft special business
meeting minutes (November 29, 2016) were reviewed by the membership.
A motion, made by S. Diamond and seconded by C. Pack
Ivey, was passed to approve both sets of draft minutes as
presented.
Advisory Executive Team (ET) Report
Member Appointments and Vacancies
At this time, there are 7 membership vacancies, with 10 members currently fully appointed.
Vacancies include mandated representation for the following categories: Statewide
Independent Living Council (SILC); Vocational Rehabilitation (VR) Counselor; Current or
former applicant for, or recipient of, public VR; Business, Industry or Labor; and Disability
Advocacy Groups (3). It is anticipated that the new SILC Chair will be appointed to the
MCRS, with two former members who have expressed interest (Trina Edmondson and
Jennipher Wiebold) being considered for reappointment. Potential candidates for the other
vacancies are being contacted and considered for appointment.
Indemnification
Following a formal request made to the Governor’s Appointments Office, Council staff was
informed that indemnification is determined by the department and not by the Governor’s
Office. More research is being sought with the Appointments Office legal team for
guidance so that a mutual understanding is clear for any liabilities that the membership
may be responsible for.
Conflict of Interest Statements
Council staff has reached out to other organizations for assistance with examples of
conflict of interest statements. The MCRS Advisory Executive Team will be working on
this task in March with anticipated outcomes to share with the membership at the April
business meeting.
Advisory ET Minutes
The proposed final ET minutes (October 11, November 8, November 22, December 1,
December 21, 2016 and January 10, 2017) were reviewed.
A motion, made by A. Riddering and seconded by C.
Bergquist, was passed to accept and place on file the final ET
minutes as presented.
Recommendation: Establishment of a 501(c)(3) nonprofit organization for the MCRS
The membership reviewed a Nonprofit Pros and Cons document, which was prepared by
staff at the request of the ET and provides an overview of some of the questions that have
been asked by members. Following review of this document and additional discussion, ET
members unanimously supported the recommendation to the full membership for moving
forward with establishment of a nonprofit for the Council.
Given the new MCRS Treasurer’s excused absence for this meeting, M. Malloy provided
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an overview of recent ET discussions about the barriers and benefits of establishing a nonprofit. Due to some of the Council’s instability over the last three years since moving to
MDHHS as well as the ongoing involvement of a third party, it was agreed that it was good
timing to look at ways of doing business differently. The SILC was viewed as a model for a
nonprofit, including how it functions and changes they have made over the years to
strengthen the organization.
Benefits for establishing a nonprofit were highlighted. Money that is presently in the
budget for the fiscal agent could be utilized to have another provider manage the books
and payroll. Liability insurance would be available, which would protect Council members,
who would become board members of the nonprofit. Original documentation for financial
operations would be maintained at the MCRS office as opposed to off-site with a third
party. Grant writing opportunities could be a potential option for the future. Processes for
filing requirements and fees were outlined, as well as state and federal legislative
resources that may be contacted to help expedite the approval process for establishment
of a nonprofit within the next 6-8 months instead of the current Internal Revenue Service
timeframe of two years.
Potential barriers were also discussed, with solutions suggested for working through them.
With money needed to file paperwork at the state and federal levels, anonymous
volunteers have recently offered to make donations to pay for the filing fees. Cash flow for
a startup nonprofit would be limited, but with the Department of Licensing and Regulatory
Affairs (LARA) able to provide their grant as one payment at the beginning of a fiscal year,
this would resolve the cash flow challenge. While MARO has had a great relationship with
the MCRS and has served an outstanding fiscal agent/employer of record, the removal of
a third party between the Council and designated state units (DSUs) would likely reduce
friction, since the Council would work directly with both DSUs.
Some questions were asked about assurances that a nonprofit for the Council would follow
federal guidelines, that the cost of a 990 form would be included in a financial analysis,
and whether there would be a cost savings for fiduciary fees. In response, it was stated
that in communication with Rehabilitation Services Administration (RSA), considering the
wide variance in how state rehabilitation councils (SRCs) operate, that if a nonprofit is in
the Council’s resource plan, then that should allow the process to proceed. Additionally,
yes, the 990 form would be included in the analysis and cost savings for fiduciary fees
would be likely, with board members making final determinations for check signers.
A motion, made by S. Perdue and seconded by C. Bergquist,
was passed for the MCRS to pursue establishment of a
501(c)(3) nonprofit organization for the Council as presented.
Financial Operations
FY 2017 Grant Extension
An overview was provided of the series of events that followed the most recent MCRS
business meeting on November 29, 2016. During the meeting, the membership and BSBP
approved the proposed amended FY 2017 budget for the remainder of the fiscal year, but
MRS did not. Due to time constraints with the process to determine a new fiscal
agent/employer of record for the Council starting January 1, 2017, MRS had indicated its
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plans for discontinuing MCRS funding for the remainder of FY 2017, with professional staff
and office operations eliminated and an in-house MDHHS civil service staff person to
provide staff support to the Council. With one of the actions under the law being that if an
SRC cannot successfully negotiate a resource plan with its DSU, then it has the option of
going to the Governor’s Office for assistance. On the day following the business meeting,
MCRS Vice Chair A. Riddering sent an email to the Governor’s Cabinet Director, Mike
Zimmer, informing him of the situation with MRS. A response was received the same day,
with a phone meeting scheduled between A. Riddering and M. Zimmer the following
morning. M. Zimmer was informed that the MCRS was at a stalemate with MRS and that
the Council needed assistance with obtaining its funding for the remainder of FY 2017,
including both physical plant operations and professional staff support. The same day, M.
Zimmer contacted Todd Culver at MARO and requested that he go to MDHHS and sign a
contract extension through the end of March 2017 so that more time could be available to
explore other options and a plan determined to stabilize Council operations for the
remainder of the fiscal year.
Simultaneously, M. Zimmer assembled a workgroup consisting of the LARA Director and
Deputy Director, the MDHHS Deputy Director, the Senior MDHHS Director who has
oversight of MRS, and B. Robinson as BSBP State Director to meet, have discussion, and
determine strategies for the MCRS to move forward. An outcome of the workgroup
resulted in a request being made to the Office of Internal Audit Services to conduct a
performance audit of the Council.
Fiscal Agent/Employer of Record
Several options were explored for an entity to assume responsibility for becoming the
MCRS’ new fiscal agent and employer of record. The SILC and Pine Lake Fund, which is
affiliated with MRS’ Michigan Career and Technical Institute, were considered, but due to
potential conflicts of interest and other factors, they were not pursued further. For financial
operations consistency, MDHHS and BSBP determined that they would ask MARO to
continue to serve as the fiscal agent and employer of record through the end of FY 2017,
which they ultimately agreed to. In the coming weeks, it is expected that the BSBP grant
and MRS contract will be signed.
MDHHS Audit
It was stated that the final report for the recent MDHHS audit of the MCRS, which was
conducted for FY 2015 during the previous fiscal year, has been “deep sixed” and will not
be published.
Office of Internal Audit Services - MCRS Performance Audit
Auditors from the Office of Internal Audit Services will be at the MCRS office in the coming
weeks in order to complete the performance audit for FY 2016-2017 through January 31,
2017. Documentation has been requested ahead of their visits, with more requests
anticipated. Since last year’s audit, internal processes for daily business operations along
with policies and procedures have been strengthened.
On another note, M. Malloy further shared that the Council is in a really good place for
moving forward. It’s time to set the distractions aside and refocus the Council on its
mandated responsibilities. She acknowledged that with B. Robinson starting his job in
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September, he has stepped up and supported the Council in many ways. His support,
information sharing, and his reaching out to the chairs and staff has been very valuable.
Thanks and appreciation to B. Robinson and all of his support were noted on the record.
Members reviewed financial statements for October, November and December 2016. It
was shared that while spending has been appropriate and transparent, the continuation FY
2016 budget was used for the first quarter of FY 2017. Also, while BSBP approved the
new FY 2017 budget for the remainder of the year, MRS is still using the FY 2016 budget
so numbers are a bit off. Similarly, spending tends to be higher and lower in some months
due to expenses for business meetings, in-state and out-of-state conferences/events, and
so on. Over time, and with consultation with MARO and the Advisory Executive Team,
including the new Treasurer, the numbers will be worked out and balanced to meet budget
requirements.
A motion, made by S. Diamond and seconded by A.
Riddering, was passed to accept and place on file the
financial statements for October, November and December
2016 as presented.
Bylaws Amendments - A. Riddering, Vice Chair
Discussion took place about proposed amendments to the bylaws following discussion at
the November 15, 2017 business meeting. In response to a question asked regarding a
proposed strikeout about the documentation of voting actions on page 6 line 32-33, it was
proposed that a statement be added that ‘written documentation and voting actions and
outcomes will be included in the meeting minutes or will be otherwise communicated to the
membership’.
A motion, made by S. Perdue and seconded by A. Riddering,
was passed to approve the proposed amendments, including
the above proposed edits, to the MCRS Bylaws as presented.
Customer and DSU Staff Surveys
M. Malloy shared her ideas about the prospects of the Council conducting online surveys
with VR customers and all staff members of both DSUs in an effort to gain customer and
staff input. As shared with the Advisory Executive Team the day prior, the ideas were
introduced as first meeting with both DSUs in order to gain their support, and then working
together to develop survey monkey online tools for both customers and VR staff.
Customer surveys could be available online, with notices posted on tear-off sheets in MRS
offices and a link to the survey sent to BSBP customers via email. Staff surveys could
focus on feedback related to how the Workforce Innovation and Opportunity Act (WIOA)
has impacted their jobs and services provided to customers, as well as the best parts of
their jobs, and what they might want to change about their jobs if they could. MCRS staff
will be working on a schedule to visit DSU offices statewide, talking to staff about the
Council, informing them about potential survey opportunities, and seeing this as a growth
and learning opportunity for both the MCRS and both DSUs.
Additional thoughts and opinions were shared by members, including the need for carefully
crafted survey tool questions, established timelines, opportunities for Council members to
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offer recommendations back to the DSUs based on customer and staff input, and the
overall importance of the Council getting back to the focus of its mandated responsibilities
to work to improve services to customers in Michigan.
Update - Department of Licensing and Regulatory Affairs – Bureau of Services for
Blind Persons (LARA-BSBP): Bill Robinson, Bureau Director; Leamon Jones,
Director of Consumer Assistance Division; Lisa Kisiel, Rehabilitation Services
Division Director
B. Robinson indicated that in terms of WIOA and new requirements for pre-employment
transition services, BSBP managers have been discussing ways to repurpose S. McVoy’s
position in order to help lead statewide transition coordination efforts among offices. Also,
an agreement has recently been signed with Western Michigan University (WMU), which
was patterned after an interagency cash transfer agreement with Michigan State
University, resulting in a repurposed full-time BSBP employee being housed in an office on
the WMU campus. The staff person works with college students who are blind and visually
impaired to manage accommodation requests and to assure that students have the proper
accommodations with every professor in every classroom.
L. Jones provided a broad overview of a recently awarded 2-year grant for BSBP from
Mississippi State University. The grant focuses on older blind technical assistance
services and efforts to assure best practices for the older blind population. Four categories
focus on best practices, performance, outreach, and fiscal responsibility. Staff from the
university will be coming to Michigan to work with BSBP staff and to focus on those areas,
identifying BSBP best practices and sharing best practices they have gathered from other
states. Regarding performance, service provision while maintaining data collection is
important to BSBP so they will be looking at ways to make reporting systems more
effective and the data collected more beneficial. The outreach aspect will involve
collaboration and outreach to agencies and organizations to make them more aware of
BSBP and the services they provide to individuals with blindness and low vision. A
significant emphasis will be to work with those agencies who work with people in their
homes in order to minimize or eliminate the gap that BSBP is presently faced with now that
the homemaker program is no longer available. For the financial aspect, all agencies are
looking for ways to provide services to the growing older blind population; as data is
collected and reported to RSA, it will lay a ground work for potential increased resources
for the program.
L. Kisiel contributed that as BSBP continues working on implementing WIOA requirements,
their management team is moving forward with updating policies, including those for
transition and sub-minimum wage. With teacher/counselor meetings taking place monthly,
teachers and counselors are also doing great work to help the vision rehabilitation
therapists and staff in independent living programs to better understand their role in VR,
including new tracking requirements for pre-employment transition services.
S. McVoy added that in her role as Training Center Deputy Director and Statewide
Transition Coordinator, she will be coordinating the grant with WMU, as well as an autism
grant. She added that MRS has been working really closely with BSBP and modeling their
college prep program after BSBP, with materials being shared and collaboration
strengthening their shared commitment to customers.
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In response to a question about whether BSBP has been challenged by the WIOA
requirement to allocate 15% of their budget to transition youth, B. Robinson responded
that their software system and new procedures for tracking costs and staff travel time are
assisting in the process. They have also been meeting with MRS and other partners every
couple of months to monitor where both agencies are at with spending and determining
what changes they can make together to better serve the state as a whole.
Update - Michigan Department of Health and Human Services – Michigan
Rehabilitation Services (MDHHS-MRS): Suzanne Howell, Director and Tina
Fullerton, Division Director for the West, Central, and Northern Divisions
S. Howell stated that MRS is very proud that Michigan has been selected as a state to be
represented at an upcoming national roundtable event with CSAVR. As co-chair with Joe
Xavier from California, the roundtable will be seeking feedback from employers and
looking at next steps that relate to competitive integrated employment. Innovation,
collaboration and working closely with community rehabilitation organization (CRO)
partners during this time of transition will be the focus. She will also host a co-partner
meeting with BSBP staff and others to create a shared vision so that everyone will
continue to collaborate in order to serve individuals with disabilities as WIOA has intended.
T. Fullerton shared highlights of MRS’ new staff members who have been assigned
responsibilities as subject matter experts for specific WIOA requirements. These staff are
expected to be fully updated on their portions of the law, act as liaisons to RSA, managers,
field staff, partners and others as they design and implement toolkits for field use. The
toolkits were inadvertently shared nationally and were very well received. Staff continues
to manage new data, financial, and staff management/tracking needs for pre-employment
transition services and other requirements. It was acknowledged that RSA has been
extremely supportive and helpful to MRS during the transition period.
Additional overviews were shared about MRS’ new WIOA requirements for updating
policies and developing operational plans and trainings for data collection related to the
new common performance measures. Updates were also provided for the new
requirement for providing career counseling and information and referral services to
individuals who are working at sub-minimum wages in facility based training environments.
From the CRO standpoint, Council member S. Perdue commented that the implementation
has gone very smoothly, and for it being something new that both CROs and MRS need to
do, MRS has been carrying it out very well and CROs are really appreciative of that. In
response to a question from S. Perdue about MRS’ ability to make referrals to Ability One
contract situations, S. Howell responded that MRS can refer people to the Ability One
program, but will not be able to authorize any support funds.
It was reported that being approximately 37% into the fiscal year, MRS is at 35% in terms
of their goal for taking in applications, moving to eligibility, plan and closed rehabs.
MRS is planning to move its offices from the Grand Tower building over to the Cass
building effective April 6th and 7th.
Employment First
M. Malloy provided an update about recent activities related to Employment First. Since
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November 2015, Governor’s Executive Order 2015-15 has placed the responsibility of
oversight of the implementation of Employment First in Michigan with the MCRS. A copy
of a letter was recently forwarded to the membership and both DSUs from colleagues at
the Developmental Disabilities Council, MARO, and the SILC outlining a proposal for
Lieutenant Governor Calley. The proposal suggested an oversight option similar to that of
the Mental Health Commission, which Lt. Governor Calley assembled a few years ago and
had been very successful. In response to a funding question regarding whether MRS has
heard back from RSA about using Title One funds to support the Council’s work with
Employment First, S. Howell responded that no, they had not yet received a response from
RSA. Further discussion took place among Council members and DSU staff about
Employment First next steps that are needed to move the work forward.
Staff Report
A written staff report was included in meeting packets. Updates were provided for plans
for members (C. Bergquist and B. Sabourin) and staff (M. Malloy) to attend the April
conferences in Bethesda for the National Coalition of State Rehabilitation Councils
(NCSRC), CSAVR (including Hill visits with DSU staff), and the National Council of State
Agencies for the Blind from April 1-7, 2017.
M. Malloy also shared about her experiences conducting a 1-day orientation for members
of the New Hampshire State Rehabilitation Council (SRC) on January 30, 2017. In the fall
of 2016, she had been approached by the New Hampshire VR State Director and SRC
Chair about potential opportunities for the NCSRC to provide trainers to come into their
state to help educate their newly constituted membership about the roles and
responsibilities of the SRC, including new requirements of VR for WIOA. The opportunity
would also assist VR staff and the SRC’s part-time secretary in gaining a better
understanding of the Council’s role in partnership with VR. As NCSRC President, M.
Malloy sought and gained support from both the MCRS Advisory Executive Team, as well
as the NCSRC Board for moving forward with 3-4 phone planning meetings and
conducting the 1-day in-person member orientation in New Hampshire. During further
discussion with the New Hampshire VR Director and SRC Chair, it was determined that
New Hampshire would reimburse the MCRS for costs related to the training, including
travel. Following the orientation day, the VR State Director and SRC members expressed
their appreciation for the time dedicated to helping to educate their Council.
Customer Service System Issues
Written reports from the Client Assistance Program (CAP) and MDHHS-MRS
Administrative Hearings Manager were included in meeting packets. B. Sabourin shared
that since December, he and his team have been visiting BSBP and MRS offices, as well
as Centers for Independent Living, to do outreach and educate staff about the activities of
Michigan Protection and Advocacy Services (MPAS), the Client Assistance Program, one
of their programs for protection and advocacy for social security beneficiaries, and more.
They are also working closely with and monitoring CROs by visiting and talking with
employees, making sure they understand there are agencies that can help them, such as
VR and assistance programs, if they are having any issues or wanting to work in the
community in competitive integrated employment settings, rather than working at CROs.
While many people are happy with where they are, they are informed of opportunities and
other options that are out there if they wish to pursue them.
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In response to a question about services for transition youth regarding individualized
education plan (IEP) meetings, it was confirmed that yes, MPAS team members are
focused on transition youth, with two of their attorneys attending IEP meetings to assure
that transition plans are in place and followed. Transition cases since October have
quadrupled.
Partner Reports
Michigan Alliance for Families - C. Pack Ivey
A brief overview was shared of services provided by Michigan Alliance for Families,
including parent mentors who work throughout the state to provide information and support
to families who have children/young adults with disabilities in the education system.
Current challenges were also addressed for efforts to make their website completely
accessible.
Michigan Department of Education/Office of Special Education - S. Diamond
Highlights were shared about current events, including similar challenges for requirements
to make their website completely accessible. Additionally, the department is moving
forward with a brand new Secretary of Education who is a charter school advocate.
Charter and online schools were discussed further, along with examples of complaints
received and managed statewide related to assessments, evaluations, rules, regulations,
procedures, and issues with mandated requirements related to ‘free and appropriate public
education’. Due to high staff turnovers in their department, they have gone through some
restructuring to accommodate the changes. With additional changes brought about by
WIOA, they have emphasized transition services by hiring additional staff and managers to
focus on the new requirements.
Hannahville Indian Community - C. Bergquist
In finishing their first full year of their new five year grant cycle, Hannahville served 101
customers in 2016, which is similar to the numbers they generally serve each year of the
grant. They generally serve around 100 people, including those from the year before and
new people coming in. Of those 101 served, they had 48 reach employment goals, which
was a high number and included 17 full-time, 28 part-time and 3 who were self-employed.
It was noted that they are seeing many more part-time jobs which are less than 28 hours a
week, which does not require healthcare and appears to be the way that employers are
moving. Many people are employed of by the tribe, with a $10 hour minimum wage for the
tribe, which is higher than minimum wage elsewhere. Outcomes from the existing Three
Fires housing project were shared, along with successes for a new Hannahville Works
program on the reservation that is putting people to work on a part-time and short term
basis.
Next Steps for MCRS
Review of past fiscal year, plans for FY 2017, Strategic Planning, Membership
Education
The MCRS membership is due for a strategic planning event, which will entail an outside
facilitator coming in to manage the process. With appointments expected to happen by the
end of March, it is anticipated that strategic planning will take place in May or July.
Advisory work teams continue to be on hold until appointments take place, with the
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Advisory Executive Team planning a retreat, managing business and presenting topics to
the full membership as needed.
Public Comment
The public comment statement was read aloud.
Joe Harcz
Joe Harcz, National Federation of the Blind, ADAPT and several other organizations
fighting for people with disabilities. Mr. Chair, this organization continues to be in violation
of the open meetings act over and over and over again, including today. Final agency
determinations must be made by a vote in the public with notice. You just went on and
took MARO as your fiduciary without any final vote, without even putting that out before the
public. That is just one example of the ongoing violations that have happened over the
years and substantial violations to the Freedom of Information Act, as well and violations to
the American with Disabilities Act and Section 504 of the Rehabilitation Act, and I would
like to comment to many of the comments made today about accessibility. Not only is the
Michigan Department of Education out of compliance, but every state agency is out of
compliance including these vocational rehabilitation (VR) agencies. They do not remit
information in alternate formats even upon request in a timely manner, and many of the
websites and documentations thereof are totally or a major part inaccessible including by
the way the ABLE accounts of the Treasury, including by the way many of the sites related
to the Department of Health and Human Services (DHHS), including as what was well
acknowledged today in the OCR settlement with the Michigan Department of Education.
Ladies and gentlemen, the Americans with Disabilities Act applies to every public entity,
title two. It is more than 26 years old. This is not rocket science. If we are denied access,
we are denied services. It's a major act of discrimination and that goes particularly for
people with sensory disabilities, including people who are blind, including people who are
deaf, including people with other sensory disabilities. This is basic. Now to Employment
First. It's well acknowledged, ladies and gentlemen, there is no Employment First
implemented in this dog and pony show of a state. Employment First not only includes
getting rid of sub minimum wage and paying people to pay your wage, but in a most
integrated setting. And under the Workforce Innovation and Opportunity Act (WIOA),
ladies and gentlemen, call centers, enclaves and sheltered workshops are specifically not
integrated settings. Also, under Lane versus Brown, which is Federal law, follow the law
ladies and gentlemen.
Adjournment
There was no further business for discussion.
A motion, made by S. Diamond and seconded by C. Pack
Ivey, was passed to adjourn the meeting.
The meeting was adjourned at 1:36 p.m.
NEXT BUSINESS MEETING:
Tuesday April 18, 2017
Time to be determined
Okemos Conference Center, Okemos
10