MICHIGAN COUNCIL FOR REHABILITATION SERVICES

3490 Belle Chase Way, Suite 110

Lansing, MI 48911

517.887.9370 or 877.335.9370

Business Meeting Minutes

Teleconference

Tuesday January 19, 2016

Members Present: Ed Benning, Carol Bergquist, Sharon Bryant, Sheryl Diamond, Trina Edmondson, Sara Grivetti, Suzanne Howell (Department of Health and Human Services – Michigan Rehabilitation Services DHHS-MRS), Caryn Pack Ivey, Michael Poyma, Anne Riddering, Ed Rodgers (Department of Licensing and Regulatory Affairs – Bureau of Services for Blind Persons LARA-BSBP), Brian Sabourin, Mitch Tomlinson, Jennipher Wiebold.

Members Absent: Deanna Middlebrooks, Zach Tomlinson.

Guests Present: Rodney Craig (Statewide Independent Living Council SILC), Tina Fullerton (DHHS-MRS), Joe Harcz, Leamon Jones (LARA-BSBP), Lisa Kisiel (LARA-BSBP), David Robinson, Lydia Schuck, Chris Simmons (SILC), Beth White (LARA-BSBP), Brett Williams (Developmental Disabilities Council).

Staff Present: Marlene Malloy, Shori Teeple.

Call to Order

The meeting was called to order by Council 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 (January 19, 2016) was reviewed by the membership.

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

Minutes

The draft minutes (November 17, 2015) were reviewed by the membership.

A motion, made by C. Bergquist and seconded by A. Riddering, was passed to approve the draft minutes as presented.

Advisory Executive Team (ET) Report

Several interruptions preempted the ET Report, during which a guest was reminded to refrain from making comments to the membership until the scheduled time for public comment at 11:10 a.m.

The proposed final ET minutes for September 8, September 28, October 7, and December 8, 2015 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.

Outcomes from a recent ET Retreat were reviewed during discussion for the next three action items. The proposed Amended FY 2016 Meeting Schedule was reviewed and discussed. The schedule proposed changing the timeframes for remaining business meeting for FY 2016 (March, May, July and September) to 9:00 a.m. - 2:00 p.m. One edit was proposed for the schedule’s information at the bottom of the page to change the statement for public comment to indicate that ‘each meeting will have 1 time allotted for public comment’ instead of 2. A motion was made by E. Benning and seconded by C. Bergquist to approve the Amended FY 2016 Meeting Schedule.

Additional interruptions by a guest stalled the membership’s discussion about the meeting schedule. The guest was informed by the Chair and other members that he was out of order. The interruptions persisted. Council Member M. Poyma called for a recess. The meeting was recessed until 9:50 a.m.

The meeting resumed and was called to order at 9:50 a.m. Members, staff and guests were welcomed back to the meeting. Guests were again reminded to refrain from making comments to the membership during the meeting until Public Comment at 11:10 a.m.

A motion, made by E. Benning and seconded by C. Bergquist, was passed to approve the Amended FY 2016 Meeting Schedule as amended.

The proposed Draft FY 2016-2017 Strategic Plan was reviewed. During discussion, it was stated that the only change made to the strategic plan by the Advisory Executive Team was related to the addition of Strategy 7 under Goal 1, which added a strategy about the Council’s new responsibility for oversight of implementation of Employment First in Michigan through Executive Order 2015-15. A question was asked to clarify the protocol for whether the strategic plan, once initially designed and finalized by the membership, is then to be reviewed and updated annually by the Advisory Executive Team, or is the full Council to do strategic planning, as a full Council, annually. In response, it was stated that when the whole plan needs to be redesigned, the full membership is involved. However, in this case, since there was only the one significant addition, the ET determined that the one addition could be made, with input and final approval from the full membership. Likely a 1-day strategic planning session will be planned for FY 2017 to redesign the plan.

A motion, made by E. Benning and seconded by T. Edmondson, was passed to approve the Draft FY 2016-2017 Strategic Plan as presented.

The proposed Draft Amended Bylaws were reviewed and discussed. A motion, made by A. Riddering and seconded by E. Benning, was made to approve the Draft Amended Bylaws. Discussion took place, with highlights shared for changes that were made for various sections related to the full name reference to DHHS, public notices for opportunities for public comment, voting procedures, and operations and expenses for draft resource plans. Further discussion took place about electronic voting and voting via teleconference, with input related to the public having the right to know how Council members vote, including whether or not roll call should be utilized for voting via teleconference. The Open Meetings Act (OMA) was also referenced, with statements made that consultation with legal counsel for the SILC which revealed that all meetings, including committee meetings, should be open to the public.

Additional interruptions from a guest were interjected. Council Member E. Benning pointed out that with the business meetings being audio recorded, if a complaint is filed about the Open Meetings Act, the recordings will validate the disruptions from guests outside of the regularly scheduled public comment, including injections into Council discussions and demonstrations of the inappropriate and unacceptable interruptions to the Council for carrying out its business.

Once the membership’s discussion about the Draft Amended Bylaws resumed, it was suggested that the Draft Bylaws should be tabled until specific sections can be revisited and revised for clarification. Additional information was shared that since the creation of the MCRS 3+ years ago, and following extensive legal counsel from the Attorney General’s Office, the Council was told that if its work team structure was deemed “Advisory”, then this would exempt work team meetings and other trainings from the Open Meetings Act. E. Rodgers concurred that from the Attorney General’s Office, as long as the work teams are not making final decisions, and that they are advisory in nature, then they are not subject to the Freedom of Information Act (FOIA) or the Open Meetings Act. S. Diamond noted that the Special Education Advisory Council (SEAC) has maintained the same name through time as it allows the members to utilize their time for the work of the Council when staff and others would have to manage the details of the OMA.

A motion, made by A. Riddering and seconded by S. Grivetti, was passed to table approval of the Draft Amended Bylaws until the Advisory Bylaws Work Team and legal counsel, if needed, can review the document for clarification.

Unified State Plan - Overview and Discussion

An overview brief was referenced and discussion took place about the FY 2017-2020 Unified State Plan. Discussions have been taking place at the national level among state rehabilitation councils (SRCs) regarding how SRCs will be responding to their Unified State Plans. While the Council does not have requirements to be involved with the Unified State Plan beyond working with both DSUs for the VR state plans, a suggestion was made that the Council should consider providing public comment to Unified State Plan.

Employment First - Overview and Discussion

An overview was provided and discussion took place about the Council’s new responsibility for oversight of implementation of Employment First in Michigan (Executive Order EO 2015-15). A question was asked whether other states with similar EOs have determined measurable outcomes related to implementing Employment First in their states. In response, it was stated that language in EOs for other states have more specific language regarding oversight and implementation. In response to a question about who was given oversight of similar EO implementation in other states, it was shared that most states that were reviewed assigned the oversight role to entities within their Department of Human Services and/or partnerships between these departments and their Developmental Disabilities Councils.

Further discussion resulted in agreement that an Advisory Employment First Work Team should be created, comprised of Council members, DSU staff, partners, and others as determined. A stakeholder meeting was suggested, which should include representatives from state departments involved with expectations of implementation of Employment First. Council members who volunteered to be on the advisory work team included S. Grivetti, C. Bergquist, S. Bryant, M. Tomlinson, M. Poyma, representatives to be determined from BSBP, MRS and the Developmental Disabilities Council.

Financial Operations

Members reviewed the Final FY 2015 Financial Review and financial statements for October, November and December 2015.

A motion, made by C. Bergquist and seconded by A. Riddering, was passed to accept and place on file the Final FY 2015 Financial Review and financial statements for October, November and December 2015 as presented.

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

A written staff report was included in meeting packets. Staff has been focusing on Employment First, the State Plan, managing business meeting and work team related tasks, and preparing to work with BSBP on the Customer Satisfaction Survey Project.

Advisory Work Team Reports

Customer Experience (CE) – M. Poyma (Chair)

An overview was provided for CE meetings, including follow-up for the pilot focus group, discussions about next steps for future focus groups, and other business. The proposed final CE minutes for October 20, 2015 were reviewed.

A motion, made by M. Poyma and seconded by M. Tomlinson, was passed to accept and place on file the final CE minutes as presented.

Regulatory Guidance (RG) - A. Riddering (Chair)

The team’s focus has been finalizing the Council’s FY 2015 Annual Report, which should be submitted to Rehabilitation Services Administration (RSA) and the Governor within the next couple of weeks. The Annual Activity Calendar continues to be reviewed. The proposed final RG minutes for September 15, 2015 were reviewed.

A motion, made by A. Riddering and seconded by J. Wiebold, was passed to accept and place on file the final RG minutes and notes as presented.

Customer Service System Issues

Client Assistance Program (CAP)

A written report was included in meeting packets.

DHHS-MRS Administrative Hearings Report

A written report was included in meeting packets.

Partner Reports

Written reports for Michigan Alliance for Families and SILC were included in meeting packets.

Update - Department of Licensing and Regulatory Affairs – Bureau of Services for Blind Persons (LARA-BSBP): Lisa Kisiel, Acting Director, BSBP Rehabilitation Services Division and Ed Rodgers, BSBP Director

Earlier this month, RSA cleared BSBP indicating that their review of BSBP’s spending for FY 2015 met all RSA requirements, with BSBP keeping within budgetary restraints. Multiple reports to RSA were timely filed in December.

BSBP continues to be involved on the workgroup for the Workforce Innovation and Opportunity Act (WIOA) in terms of sharing data while working with MRS and other organizations.

The BSBP Training Center, first under the leadership of Lisa Kisiel and now under Director Sherri Hybeck, finished out FY 2015 with a 60% increase in the number of consumers that were served and completed training. Changes made for 10-week terms have contributed to successful customer outcomes, with mini sessions continuing, and newly WIOA required services for youth being stepped up.

Several employee engagement committees have been developed over the past year.

L. Kisiel reported that she will be attending a WIOA conference in Washington D.C. at the end of the month. All states’ VR WIOA teams will be coming together to discuss state plans and strategies for effecting changes required of WIOA.

Regarding the Council’s Attachment 4.2(c) for the FY 2017-2020 Unified State Plan, BSBP believes that the Council proposed very reasonable recommendations to BSBP about strategic planning, WIOA, and other topics.

BSBP had 181 successful closures during FY 2015, which exceeded established goals.

Update - Department of Health and Human Services – Michigan Rehabilitation Services (DHHS-MRS): Tina Fullerton, Deputy Division Director and Suzanne Howell, Director

WIOA

MRS continues to participate in the WIOA Work Team, including smaller teams that will break down the law more strategically.

Leadership Council

Milt Wright, from Wright and Associates in California, and Richard Pimental, a renowned VR expert, will be guests at this week’s Leadership Council to review WIOA and look at it from a national perspective. They will review results of a needs assessment that they conducted with 41 MRS staff.

Employment First

MRS has concerns about some of the language that was written into the Executive Order (EO) for Employment First (EO 2015-15).

Supervision

S. Howell’s new supervisor will be Elizabeth Hertel, who is with the DHHS Policy Unit.

Legislative Disability Caucus

E. Hertel will be joining MRS and legislators for this event at Michigan Career and Technical Institute on January 25th. Following this first event, which will focus on needs facing the population, MRS plans to invite BSBP to join the conversation with this group. Following a question about the composition of the Legislative Caucus, it was stated that the bi-partisan Caucus will be led by Senator Frank Liberati, along with Senator Curtis Hertel and others.

Council Representation on MRS Idea Stream Team

Thanks were expressed for S. Teeple’s involvement and participation on the Idea Stream Team. She has done a great job on the team and MRS is very appreciative of her involvement.

Flint Water Crisis

Director Mike Zimmer and others were in Flint yesterday handing out water to citizens. MRS is playing an active role in handing out water and filters to people with disabilities in Flint, also working with the Center for Independent Living in the area. E. Benning contributed updates about busses, warming centers, and water filters being made available to Flint citizens.

DSU Data Templates

T. Fullerton reported that she has been working closely with L. Kisiel from BSBP along with both MCRS Staff to design templates for data and narrative format reports, which both DSUs will plan to use to report quarterly data and programming updates to the membership. Once the draft templates are finalized, they will be forwarded to the membership for review and input, with DSU data to be reported quarterly using the finalized templates.