STATE OF OKLAHOMA
COMMISSION FOR
REHABILITATION SERVICES
Department of Rehabilitation Services
3535 NW 58th Street, Suite 200
Oklahoma City, Oklahoma 73112
Monday, January 13, 2014
Regular Meeting
PRESENT
Steve Shelton, Commission Chair
Lynda Collins, Commission Member
Jack Tucker, Commission Member
Kathleen Reed, Commission Assistant
PRESENT FROM THE DEPARTMENT
Jim Adams, Paul Adams, Doug Boone, Rosemarie Chitwood, Joe Cordova, Hope Crumley, Greg DeMartra, Goli Dunkle, Melinda Fruendt, Cheryl Gray, Andrea Hall, Jody Harlan, Larry Hartzell, Kathy James, Jean Jones, Ray Leard, Kevin Nelson, Paula Nelson, Rick Olderbak, Kim Osmani, Tonya Puryear, Linda Santin, Kevin Statham, Betty Stephens, Dana Tallon, KaAnn Varner, Cheri Warren, Randy Weaver, Terri Williams, Roy Woodall, Sandra Wright
OTHERS PRESENT
Theresa Hamrick, ORC Programs Manager; Linda Jaco, ABLE Tech; Ashley Neil, OMES; Rene Ryan, TSHA; Christie Southern, eCapital;
INTERPRETERS
Tonya Puryear
Roy Woodall
CALL TO ORDER AND ROLL CALL
The meeting was called to order at 10:00 a.m. by Steve Shelton, Commission Chairman. Commission Assistant called the roll. A quorum was declared.
STATEMENT OF COMPLIANCE
Ms. Kathleen Reed, Commission Assistant, confirmed the Commission for Rehabilitation Services is in compliance with the Open Meeting Act.
QUESTIONS, CONCERNS AND COMMENTS FROM THE COMMISSIONERS
Commissioner Shelton welcomed the audience and the new Commissioner, Jack Tucker, to his first Commission meeting.
INTRODUCTION OF GUESTS
Being none the meeting moved to the next agenda item.
PUBLIC COMMENTS
Being none the meeting moved to the next agenda item.
REPORTS
REPORT FROM THE DRS Director – Joe Cordova, M.A.
Director Cordova presented the Director’s Report. Highlights are:
· New Employee Orientation
This is a week-long training for new employees or those employees who have
been promoted or detailed into a new position. Forty to fifty employees attended
this training with exposure given to the different divisions and programs of the
Agency.
· The Rehab Act
The model of “Rehabilitation” has completely changed. It is a good opportunity for DRS to take the lead and become the good model for other state agencies.
· New Visual Services Administrator
Douglas Boone, the new VS Administrator, comes with a lot of experience nationally and internationally. Mr. Boone greeted the audience and shared a few words.
· Social Security (SSA)Reimbursements Update
Mr. Jason Price, DRS VR Programs Manager and Supervisor of the Social Security Benefits Unit, has notified Director Cordova that the agency will have another breaking year regarding SSA reimbursements. These reimbursements have increased over $358,000. The SS Benefits Unit is doing a great job and the counselors have been able to place SSA Reimbursement recipients into competitive employment pay beyond the Substantial Gainful Activity (SGA) level.
· Order of Selection
DRS is still in Order of Selection status however we continue to move clients off of the DRS Wait List. In November, 2013, a little over 300 clients were taken off the Priority Group 2 Waiting list, and we continue to move about 250 clients per month off this waiting list. However, we still have a total of about 700 clients waiting to be served.
· National Legislation and Senate Bill 1356
Senate Bill 1356 is the proposal to move RSA to the Department of Labor (DOL). This move will not be favorable to the Vocational Rehabilitation RSA program and DRS. We will be trying to convince the Senate that moving us to DOL is not the best thing to do. There has been a counter proposal from CSAVR that addresses their concerns. There are going to be several interesting months if Congress moves forward with this legislation and there is going to be a real battle. Director Cordova will keep the Commissioners posted on the elements as they progress.
· Budget Bills in Congress
Just before holidays we were facing some tough times regarding with the budget bills from Congress. However, the House and Senate have agreed on a compromise bill that would extend the budget for two years; so we received a temporary reprieve on that issue. However, there are still other measures in Congress that we will hear about. One issue is the funding of Continuing Resolution 714, which expires on January 15, 2014. The government will shut down again if no action is taken by the Congress.
In February, the deficit ceiling battle will be coming forward, so we will be watching to see what happen there.
· DRS FY 2015 State Appropriations
DRS is preparing to present the agency’s FY 2015 State Appropriations Budget Request to the State Appropriations Committee on Tuesday, January 14. We are proposing a fairly flat budget that presents an increase of $2.4 million, basically on the VR Programs.
· Welcome back Paul Adams
Director Cordova welcomed Paul Adams back on board following his should injury last month. Everyone was glad to see him return to work.
Discussion:
Commissioner Collins a few years ago there was a push to move VR under the Department of Labor, then it went all quiet. What is causing all this to emerge again?
Director Cordova personally believes it has to do with budget. No one is out there to do harm to VR. Congress is looking at tightening the belt just like states are tightening the belt; so they are looking at consolidation as one of the solutions. There are approximately 88 to 100 job programs in this country that are federally funded, and Congress thinks DRS is just another jobs program. We have not been successfully able to market ourselves as different from these other employment programs.
Commissioner Shelton isn’t the budget deal that was signed last year eliminate the need for a Continuing Resolution?
Director Cordova explained that it did not, that was just a spending type of compromise. This Continued Resolution is specifically for each agency for the remainder of the fiscal year. We still have to have an appropriations bill in the form of a Continuing Resolution to get us through September 30, 2014.
LEGISLATIVE REPORT – Kevin Nelson, DRS Legislative Liaison
Mr. Nelson presented a Legislative Report update. A written report is available beginning on page 7 of the January, 2014, Commission for Rehabilitation Services Meeting Packet. Highlights are:
· Climate of the budget
The State Equalization Board has determined that the State will have about $170 million less than they were able to appropriate last year. That includes about $300 million in additional demands that most likely will receive critical consideration. Medicare and Medicaid State Funding, DHS Pinnacle Plan, the next installment of the 8 Year Plan for Transportation, and then the Income Tax Bill/Capitol Repair Funding Bill. The Oklahoma Supreme Court dealt with the constitutionality of the Tax Cut Bill and found it unconstitutional as a violation of the single subject rule. The Workers’ Compensation bill is good for now, but subject to challenge as cases come to court.
· DRS Legislative Bills
There are approximately 325 Legislative Bills DRS will be tracking. However, DRS has two bills we are closely watching.
SB?? : Is a continuation of our efforts from last year to increase the number of unclassified employee for DDD from 14 to 21. Senator David will author the Bill and Representative Nelson will do so for the House.
SB??: Is a bill that will enable OSB and OSD to have the same access to Juvenile Records of the applicants and students as is currently available to other school districts. Senator Garrison has agreed to author the bill and Representative McCall will do the same for the House.
SB1206 – Senator Loveless author, requests an interim study from OMES to bring in a private vendor into the Capitol in addition to the DRS BEP vendor. A meeting has been set up with Senator Loveless to see what his thoughts are on this issue.
Session begins February 3, 2014; the first Committee deadline is February 17, 2014.
Discussion:
Commissioner Shelton: Regarding the increase in Unclassified Positions Bill for DDD. The best vehicle would be to change the law making unclassified positions that do not require state funding, exempt from the whole process. We are trying to increase jobs in the state, it is not going to cost the state a dime, yet we cannot get a Bill through the State Senate.
Mr. Nelson does not disagree with Commissioner Shelton, however, this is an election year and the Legislature will be hesitant to make insignificant changes.
Commissioner Shelton: What in the current state statue does not include OSB and OSD access to Juvenile Records? Why don’t these schools fall under that same classification?
Mr. Nelson explained that this issue was explored with the Office of Juvenile Affairs (OJA); the statute allows school districts to make the request. The term “school districts” is not defined in this particular area of law so we have to fall back on some other form of the law that has this definition and includes OSB and OSD along with school districts. We have not been able to find that specific law or ruling. OJA does not recognize our schools as district schools so we do not have access. They encouraged us to request this legislation.
Commissioner Shelton: So new legislation would exclusively state that OSB and OSD would also have access to this information.
Commissioner Tucker stated that the Department of Education (DOE) considers OSB and OSD school districts. Isn’t the fact that they are accredited enough?
Mr. Rick Olderbak, DRS General Counsel: It is not enough for OJA when it comes to the release of confidential records. OJA is always going to error on the side of conservatism when it comes to releasing children’s records.
FINANCIAL STATUS REPORT – Kevin Statham, Chief Financial Officer
Mr. Statham presented the Financial Status Report. The written Financial Status Report begins on page 11 of the January, 2014, Commission for Rehabilitation Services Meeting Packet. Mr. Statham reviewed the All Programs Agency Summary for FY 2013 as of November 30, 2013.
FY 2014
· Total Budget for the agency: $ 139,062,691.00
· Expenditures Year to Date: $ 44,804,832.56
· Percentage Expended: 32.2%
· Total Encumbrances: $ 88,174,695.04
· Percentage to Budget used as of end of November 95.6%
Discussion:
None
PERSONNEL ACTIVITY REPORT– Goli Dunkle, MSD Administrator
Ms. Dunkle presented the Monthly Personnel Activity Report for December 30, 2013, which is available in the January, 2014, Commission for Rehabilitation Services Meeting Packet with the Summary beginning on page 19.
The Personnel Transactions for the month of December, 2013, reading from page 19 -
11 Vacant positions filled; 34 positions in announcement or selection process; 6 separations. On page 24 is the summary by divisions.
Discussion:
None
REVIEW and DISCUSSION OF PROPOSED BUSINESS ENTERPRISE PROGRAM POLICY CHANGES – Sandra Wright, PDPS Administrator
Ms. Wright presented the Proposed Policy changes. The written policy changes are available in the January, 2014, Commission for Rehabilitation Services Meeting Packet beginning on page 26. These are for Commission review only. No approval will be sought until after public hearings. The Proposed Policy Changes will return at the March meeting for Commission approval.
Chapter 3 involves changes in order to update and streamline policy. In Chapter 10 DRS is removing the CARF requirement for vendors. In Chapter 25, due to state and federal audits, minor changes to the Business Enterprise policies must be made as well as updating language. Due to changes in procedures and state and federal audits, changes in our policy are now necessary.
Review and discuss:
External Policies:
612:10-1-10. CARF – Vendors [REVOKED]
612:25-2-5. Definitions [AMENDED]
612:25-4-4. Management services provided by the State Licensing Agency
[AMENDED]
612:25-4-14. Training for new or potential licensed managers [AMENDED]
612:25-4-16. Training for Business Enterprise Program staff [REVOKED]
612:25-4-27. Initial inventory and supplies [AMENDED]
612:25-4-54. Business enterprise vacancy announcement [AMENDED]
612:25-4-55. Qualifications [AMENDED]
612:25-4-56. Applications [AMENDED]
612:25-4-57. Applicant Selection Committee [AMENDED]
612:25-4-58. Annual Evaluationand Performance Evaluations [AMENDED]
612:25-4-59. Interview, Selection Process and Scoring [AMENDED]
612:25-4-60. Ninety day replacement [AMENDED]
612:25-4-61. Satellite/remote business enterprise locations [AMENDED]
612:25-4-62. Vending machine income [AMENDED]
612:25-4-72. Audits [AMENDED]
612:25-4-73. Due Process [AMENDED]
612:25-6-1. Licensing requirements for managing a business enterprise
[AMENDED]
612:25-6-2. Standards for licensed managers [AMENDED]
612:25-6-2.1. Probation [AMENDED]
612:25-6-4. Use of dog guidesservice animals [AMENDED]
612:25-6-5. Motor vehicle operation [AMENDED]
612:25-6-15. Setting aside of funds [AMENDED]
612:25-6-18. Establishing new licensed managers in business enterprises
[AMENDED]
612:25-6-20. Closing a business enterprise [AMENDED]
612:25-6-22. Monthly reports [AMENDED]
612:25-6-32. The Elected Committee of Licensed Managers [AMENDED]
Internal Policies;
DRS:3-3-4. Annual leave. [AMENDED]
DRS:3-3-4.1. Annual Leave Accrual and Payroll Payments [NEW]
DRS:3-3-99. Grievance Resolution Process [AMENDED]
BUDGET IMPACT: The proposed policy sections should have no impact on the budget.
Discussion:
Commissioner Collins: The revoking of the CARF Certification; has this been moved or are we just not requiring CARF Certification
Director Cordova: It was an “In- house” decision not to require this certification. A lot of DRS staff feels that since the requirement of CARF accreditation there are a lot of vendors, especially in the rural areas, that cannot meet CARF accreditation because they do not have centers. The CARF accreditation is not relative to the VR program.
Commissioner Collins: Regarding the internal policy changes are the Merit changes statewide changes?
Ms. Wright: Yes, those Internal Policy Changes are just cleanup and streamlining. The BEP changes are in response to the audit that was completed and the changes needed to improve the program and these will have to have RSA approval at some point.
TRANSITION UNIT REPORT- Kim Osmani, Transition Coordinator
Ms. Osmani presented the Transition Update. A written copy of this report is available in the January, 2014, Commission for Rehabilitation Services Meeting Packet beginning on page 85. Highlights are:
· Annual Summer Staff Transition Training took place between July-August in Oklahoma City, Tulsa, and Lawton
o DRS staff responsible for transition, their techs and supervisors, as well as school partners, tribal VR, CAP, and ORC were invited.