MPAS Board of Directors

Annual Meeting

September 16, 2014

Present: Ron Bush, Donna DePalma, Tom Landry, Stoney Polman, Mark Lezotte,

Via phone: Kate Wolters, Veda Sharp, John McCulloch, Kathy McGeathy

Absent: Jane Shank, Pam Bellamy, Selena Schmidt, Terri Land

Staff: Elmer Cerano, Michele XXX, Camilia XXXX, Chris XXX, Michelle XXXX, Brian XXX, Mark XXXX

I. Call to Order

The meeting was called to order by Kate Wolters, President at 10:06 a.m.

II. Introductions

III. Approval of Agenda

The agenda was presented for review.

MOTION BY Ron Bush TO APPROVE AGENDA AS SUBMITTED. SECOND BY Stoney Polman. MOTION PASSED UNANIMOUSLY.

IV. Approval of Minutes

The minutes of May 20, 2014 were presented for approval.

MOTION BY Tom Landry TO APPROVE THE MINUTES OF MAY 20, 2014. SECOND BY Kathy McGeathy. MOTION PASSED UNANIMOUSLY.

V. President’s Report

Ms. Wolters expressed regrets that she was not able to be physically present to bid farewell to Ron Bush and Donna DePalma, retiring board members. She stated that “the board has appreciated both their service to the mission of Michigan Protection and Advocacy Service and the people we serve."

Ms. Wolters asked Tom Landry, MPAS 1st Vice president to assist her attempt to chair the meeting via teleconference hook-up.

Tom Landry commented that the agency is all about making a difference and through the efforts of dedicated and long serving Board Members like Donna and Ron, we have continued to make a difference in the lives of thousands of people. Tom also expressed his appreciation to Ron Bush and Donna DePalma for their years of service.

Elmer commented that Donna came on board 12 years ago and has watched her in action at the legislative luncheon when she would not let go until the legislators listened to her. Elmer Cerano and Tom Landry presented Ms. DePalma with a token of service. Donna thanked the board and stated that it has been an honor for her to have the opportunity to serve.

Elmer Cerano commented that Ron Bush is a board member who always asked the hard questions and always expected a clear and concise answer. Mr. Bush always helped me to be well prepared for the tough questions that would inevitable be asked by people outside the organization. Tom Landry stated that Ron has been a breath of fresh air and always challenged the board and thanked him for making a difference.

Ron Bush commented that it has been an honor and pleasure to serve on the board. Mr. Bush has dedicated his life as a volunteer to advocate for people with disabilities because of a family member and will always advocate for MPAS.

VI. Executive Director Report

Elmer Cerano reported that this is the Program Performance Report (PPR) season. Every year MPAS must report back to the federal funders on what the agency has done. The goals are written at the beginning of each year with details on how the Agency plans to use the federal funds appropriated by Congress. At the end of the year we must report on how we actually used the federal funding to address the stated goals.

The goals for 2015 have been prepared by staff for approval by the Board of Directors after obtaining input from the Board, PAIMI Council the staff and the public.

Input from the public included an on line survey, hard copy surveys distributed to residents of State Psychiatric Hospitals and Michigan’s Native Tribes . (See Stoney Polman’s report).

PRIORITIES for 2015

Michelle XXX reviewed Attachment D, (in the Board packet) Proposed Priorities and Objectives for FY 2015. She stated that the PAIMI Council gave recommendations to the priorities at their last meeting. Their recommendations have been incorporated in the Draft presented.

The PAIMI Council felt strongly about not only folks receiving services in the least restrictive setting and not being subjected to abuse and neglect, but they also wanted more of an emphasis on people who are receiving coercive or inappropriate types of treatments. The language was added under Priority 1 Objective 1c to include individuals with disabilities will not be subjective to abuse and neglect including inappropriate or coercive treatment.

There were no changes to Priority 2 or Priority 3.

Under Priority 4, the Council wanted to ensure that we added “access to transportation and the services that are included in the Person Centered Plans”.

Under Objective 4 A we added language "and transportation" and added the word "Identified" to this objective. It is intended to advocate for services for all persons in all settings which could include jails and other places where a Person Centered Plan is not required.

There were no proposed changes to Priority 5

Elmer Cerano reported that Stoney Polman did outreach to the Native American populations to gather input on the agency’s priorities for 2015...

Ms. Polman reported that she visited 7 native groups who were familiar with MPAS and one new group who knew nothing of our agency. There were 13 tribes represented in the outreach, 58 individuals with disabilities and 7 parents of children with disabilities.

A new group brought serious issues to the table. The issues brought forward were young people coming back to the reservation with drug use dependency. The individuals’ addictions have led to theft of valuables and physical abuse of many of the tribal elders. Ms. Polman followed up with social workers for the tribes. Ms. Polman distributed agency pamphlets and other state agency information.

Kate Wolters asked if the agency is integrating specific objectives or tasks related to the tribal community in our priorities. Mr. Cerano stated that over the next year we will review the info and make sure our objectives and priorities are written to accommodate them. We will look at whether our current priorities and objectives are adaptable for the native community.

Ron Bush suggested having a board meeting at one of the reservations to show our commitment to the Native community and to invite them to the meeting and be a part of our mission. Ms. Wolters mentioned that we would take his suggestion into consideration.

Kathy McGeathy asked if priority 4 assured access to services including housing and transportation. Also, if this is to ensure that people get what they wanted or were there other housing efforts behind that. Michelle XXX stated the housing language is not new; it was in the priority this current fiscal year. We are adding "and transportation" to the priority.

Elmer stated that the issue of housing will become a major focus this year because the state has to submit a plan by January 17, 2017 to the Center for Medicare and Medicaid Services (CMS) detailing how the new CMS ruled on true community integration will be accomplished. The new CMS rules will apply to residential services as well and non-residential services in which Medicaid Waiver funds are used.

MPAS work plans, and job assignments will reflect strategies to address each priority. Michelle Mull reported that the legal size document provided to the Board shows the objectives, work plans, etc. and the agency’ progress through the year .

MOTION BY Stoney Polman TO APPROVE THE PRIORITIES AS WRITTEN. SECOND BY Donna DePalma. MOTION PASSED UNANIMOUSLY.

Other Major Policy Issues

The Murphy Bill

Elmer Cerano reported that the Murphy Bill is still around but is not expected to move during the current Congress. It is expected to be reintroduced early in the next Congress.

WIOA

The Workforce Innovation and Opportunities Act (WIOA) has passed the US Congress and has been signed by President Obama. The new law places significant new restrictions on the use of federal dollars for segregated employment placements. This means that Schools and Michigan Rehabilitation Service (MRS) will not be able to place people with disabilities into long term sheltered or segregated employment. It is expected that the new law will have a significant impact on Community Rehabilitation Programs and Sheltered workshops throughout the nation.

The new law states you have to work for and be paid by the agency where you are working and the use of waivers to the Fair Labor Standards Act (FLSA) in order to pay people with disabilities wages below the minimum or prevailing wage will be restricted.

VII. Public Comment

Sean Bennett, civil rights advocate, distributed a handout for members and a bibliography regarding psychiatric drugs. Mr. Bennett stated that the agency has to do something regarding informed consent. He requested that board members and staff engage in the debate. He hopes he can assist the agency and board members in getting the knowledge needed to try to defend people rights to refuse treatment.

VIII. PAIMI Advisory Council

Elmer Cerano reported on the PAIMI Council and noted that they were extremely helpful in reviewing and making recommendations on the MPAS priorities for FY 2015.

IX. Committee Reports:

A. Board Development

In Michelle Huerta's absences, Ms. Wolters reviewed the recommendations from the Board Development Committee. The Committee nominated two individuals to be elected to the MPAS Board of Directors with a three year term beginning at the close of this meeting September 2014. If elected the term will run from the close of the September 2014 Annual Meeting through the close of the September 2017 Annual Meeting.

The nominations are: Dr. Douglas Olsen and Mr. Paul Palmer.

Dr. Olsen currently serves on the PAIMI Council and is a professor at MSU with a Ph.D. in psychiatric nursing. Dr. Olsen has assisted MPAS on issues related to medical ethics.

Mr. Paul Palmer currently served on the Michigan Developmental Disabilities Council and is very active in Public Policy at the local, State and Federal levels.

MOTION BY Ron Bush THAT THE BOARD ELECT MR. PAUL PALMER AND DR. DOUGLAS OLSEN AS NOMINATED BY THE BOARD DEVELOPMENT COMMITTEE. SECOND Tom Landry. MOTION PASSED UNANIMOUSLY.

Ms. Wolters reviewed the slate of Officers of the Corporation for a second one year term as nominated by the Board Development Committee:

Secretary, Jane Shank,

Treasurer, Mark Lezotte,

2nd Vice President, John McCulloch,

1st Vice President Tom Landry,

President Kate Wolters.

MOTION BY Kathy McGeathy TO ELECT THE SLATE OF OFFICERS FOR A SECOND ONE YEAR TERM. SECOND BY Veda Sharp. MOTION PASSED UNANIMOUSLY.

B. Budget & Finance

Mark Lezotte reported for the Committee. The Finance Committee met and reviewed the financial statements through 6/30/14 and the proposed budgets in the packet.

In the financial statements there is nothing too remarkable than what had been presented previously. For Fiscal Year 2014, the agency adopted a very conservative budget since the levels of federal allocations were very questionable at the time. As a result, the Board adopted a plan to carry over available grant funds from previous years to allow the agency to continue operations in the event of a government shut-down if Congress failed to adopt a budget for the year. The conservative budgeting and carry over has served the agency well. For the remainder of the year, the most important grant to watch is the PAIR program which is a “catch-all” grant that allows the agency to serve people with disabilities who are not eligible for the PADD or PAIMI Program. (These grants are specifically for people with Intellectual and Developmental Disabilities or Mental Illness respectively). The PAIR grant is expected to go over budget; however, the agency has significant reserves to appropriately cover the overage. Management has stopped new intakes and revisited cost allocation on PAIR cases. The Finance Committee approved the use of unrestricted funds to supplement the PAIR budget.

Kate Wolters asked what the total in unrestricted funds is. Michele XXXX stated there is currently $522,000 in the general unrestricted funds. It is separated in the audit to show total unrestricted, reserved for operations and reserved for equipment. The unrestricted we are using to supplement PAIR will be from the rep payee program in the range of $50,000-$60,000.

Mark Lezotte stated that since there are unrestricted funds available, through the course of 2015 if there is a need identified, we may come back to the Finance Committee and talk about amending the budget.

Elmer Cerano asked if the Committee needs action from the board to use the unrestricted funds? Mark Lezotte stated no motion is needed. The Finance Committee did not take a motion but talked about it and understood that since it was unrestricted that management can allocate the funds. The committee wanted to report it to the whole board for consensus. The activity needed is a motion to receive and file the quarterly financials.

MOTION BY Tom Landry TO RECEIVE AND FILE THE QUARTERLY FINANCIAL STATEMENTS. SECOND BY Ron Bush. MOTION PASSED UNANIMOUSLY.

Mark Lezotte presented attachment G2, proposed budget for FY 2015.

The agency will be as conservative as possible and carry over funds. There is a budget for an increase in staff and a budget for the second year of the agency’s computer upgrade and training. Occupancy has increased slightly. All other expenses have remained steady. The overall budget for FY 2015 will be around 3.9 million.

MOTION BY John McCulloch TO APPROVE THE BUDGET AS SUBMITTED. SECOND BY Tom Landry.

Discussion

Ron Bush noted that even though we are not at 50 employees, there are some compliance issues with the ACA. Elmer and Michele have been reviewing different options for health coverage the budget includes an expectation of health care cost increases.