Board of Director's Meeting s4

Board of Director's Meeting Tuesday, May 19, 2015

Present: Kate Wolters, President, Tom Landry, 1st Vice President, John McCulloch, 2nd Vice President, Terri Lynn Land, Doug Olsen, Paul Palmer, Selena Schmidt, Jane Shank, via phone: Pam Bellamy, Stoney Polman, Alethia Brinkerhoff, Veda Sharp, Hansen Clarke, Mark Lezotte

Staff: Elmer Cerano, Michele XXX, Camilia XXXX, Mark XXX, Andrea XXXX

Guest: Sean Bennett

I. Call to Order

Meeting was called to order by President, Kate Wolters. Ms. Wolters welcomed the board to Grand Rapids.

II. Agenda

Kate Wolters noted that Nick Lyon was unable to attend today's meeting. Ms. Wolters added under Budget and Finance consideration on a resolution related to investment account.

MOTION TO APPROVE AGENDA AS MODIFIED BY Tom Landry. SECOND BY Paul Palmer. MOTION PASSED UNANIMOUSLY.

III. Approval of Minutes

The minutes of the February 24, 2015 meeting were presented for approval.

MOTION TO APPROVE THE MINUTES BY Terri Lynn Land. SECOND BY Tom Landry. MOTION PASSED UNANIMOUSLY.

IV. President's Report Kate Wolters presented the resignation from Michelle Huerta. Ms. Wolters read Michelle Huerta’s resignation letter to the board. Ms. Wolters noted that the board accepts Ms. Huerta's resignation. She referred to the Board Development Committee to determine whether there is anyone that the committee would like to appoint to fill her position.

Ms. Wolters stated that Tom Landry, Elmer Cerano and Paul Palmer attended the Disability Policy Seminar in Washington, DC. Mr. Landry noted that it was an intense conference focusing on employment, education, housing, ADA and other items affecting the disability community and the conference was very well done. The most exciting was the Hill visits on the last day. During that week, there was a bill being debated in Congress and all were given the number to call and get our voice heard. Due to the abundance of calls, the amendment got pulled.

Paul Palmer gave an update of his visits.

Kate Wolters stated she, Elmer and Mark XXX will be attending the Mackinac Policy Conference. Ms. Wolters looks forward to attending on MPAS behalf.

V. Executive Director Report

Elmer Cerano introduced Mark XXXX, new Director of Public Policy and Media Relations. The agency is in the process of interviewing to fill his former position of Director of MPAS Information & Referral Department.

Mark XXX introduced himself, stating that he has been with the agency for 18 years and thrilled to take over the position of Director of Public Policy and Media Relations.

ABLE Act Elmer Cerano gave an update on the ABLE Act which allows for people with disabilities to set up a 529a savings account which allows them to accrue assets without losing government benefits. Once operationalized in Michigan, qualifying people will be able to deposit up to $14,000 per year into a 529a savings account. This account is allowed to grow to $100,000 before benefit eligibility is suspended. The Michigan Legislature is now aligned to pass enabling legislation to allow the accounts to be set up in Michigan.

WIOA Elmer Cerano gave an update on the Workforce Innovation Opportunities Act (WIOA). WIOA was passed by Congress and signed by President Obama in December, 2014. This is the next generation of the Workforce Investment Act.

WIOA says that the state and federal Vocational Rehabilitation (VR) agencies have to spending money on getting people with disabilities employed in integrated, community based work. VR agencies are not funded to place people with disabilities into long-term sheltered workshops or other segregated work settings. VR agencies must spend a percentage of their budget on transition from school to real community employment where the employee is paid not less than the minimum or prevailing wage.

National Transition efforts from sheltered work to community based Elmer was asked by Curt Decker, NDRN Executive Director if he would meet with NDRN, National Easter Seals and Goodwill International to discuss the future of community employment options for people with disabilities.

Both Easter Seals and Goodwill have local organizations throughout the country that operate large sheltered workshop operations - many of which have lucrative contracts with the federal Government under the AbilityOne Law. Easter Seals and Goodwill asked to meet with NDRN because they are interested in modernizing their traditional approach to employment for people with disabilities by phasing out their segregated work centers and moving to training for community employment. Curt Decker, Executive Director NDRN, an attorney from Illinois, the Wisconsin Executive Director and Mr. Cerano, from Michigan were present from the P&A's.

Mi Health Link Elmer gave an update on the dual eligibility (Mi Health Link) demonstration projects. The demonstrations are in place in SW Michigan, the Upper Peninsula, Macomb and Wayne Counties. The program is (supposedly) designed to better coordinate behavioral and physical health care needs for people who are eligible for both Medicare and Medicaid.

Litigation update Andrea XXX, MPAS Staff Attorney, provided an update on several of the cases currently underway. Ms. XXXX reported that the legal team has filed a class action against the Michigan Department of Corrections for failing to provide deaf prisoners with accessible communications under the ADA and Rehabilitation Act, which includes sign language interpreters and video phones. The failure to communicate with deaf prisoners leads to the prisoners' inability to follow instructions which leads to disproportionate use of punishment and "tickets". Ms. XXX gave highlights of other ongoing cases as well.

VI. Public Comment

Mr. Bennett asked that the agency take the lead on the right to refuse drugs. He also requested that MPAS ascertain from Michigan Department of Health and Human Services who, at the Department, is responsible for the policy at the department that patients do not have the right of informed consent after commitment. He questioned who made this policy. Mr. Bennett would like the agency to make a formal request to the department and find out who is saying recipients do not have the right to refuse drugs.

Ms. Wolters thanked Mr. Bennett for his comments.

VII. PAIMI (Protection & Advocacy for Individuals with mental Illness) Advisory Council

Selena Schmidt reported for the PAIMI Council. Most discussion was regarding the dual eligible and the concerns for the consumers not getting the treatment they need. The Council also had discussion about guardianships.

Both issues will be discussed further in relationship to the MPAS Priorities for 2016.

VIII. Committee Reports: Board Development Committee Due to the resignation of Michelle Huerta, who was the Immediate Past President of the MPAS Board and therefore the Chair of the Board Development and Nominating Committee, our bylaws require that the next available past Board President preside over the Board Development/Nominating Committee. Therefore, Mark Lezotte has become Chair of the Committee Board Development and Nominating Committee.

Budget & Finance Committee Mark Lezotte reported for the Committee. The Committee met via conference call on May 7, 2015 to review the second fiscal quarter financial statements, fundraising and expense reports. Mr. Lezotte noted that there is nothing that requires board action at this time.

The Committee talked about investment authorizations and began to investigate the possibility in changing our banking relationship in terms of customer service and what other rates and fees will be associated.

The Finance Committee agreed with Michele XXX's recommendation that we open an account at PNC Bank for one of the investments in order to diversify our banking relationships. If other changes are decided, it will be brought back to the board.

Through March 31, 2015 the Agency's total expenses are about 3.6% under budget and no particular line item is out of line that required committee attention.

Total budget as of 3/31/15 shows the agency is in good shape and does not present any concerns.

Kate Wolters stated that there is a resolution prepared to change the investment account to PNC Bank. Michele XXXX stated this is the resolution to be able to move some investments once they mature.

Michele XXX read the PNC resolution.

CORPORATE RESOLUTION OF Michigan Protection and Advocacy Service, Inc

WHEREAS, the Board of Directors has determined it to be in the best interest of the Company to establish a investment account with PNC Investments.

NOW, THEREFORE, BE IT: RESOLVED: That the Company execute and deliver to said bank a duly signed original of the completed banking resolution as is hereto attached, and the authority to transact business, including but not limited to the maintenance of savings, checking and other accounts as well as borrowing by the Company, shall be a contained in said resolution with the named officers therein authorized to so act on behalf of the Company as specified hereto.

FURTHER RESOLVED: That the following officers and/or representatives shall be signatories to said accounts:

Name of Officer(s)/Representative(s) Elmer L. Cerano Michele A. XXX

THE UNDERSIGNED hereby certifies that he is the duly elected, qualified and acting secretary of Michigan Protection & Advocacy (“The Company”) and that the foregoing resolution was submitted to and approved and adopted by the Board of Directors at a meeting held on May 19, 2015, and that said resolution is now in full force and effect without modification or recession as permitted under the bylaws of the Company and in accordance with the provisions of state law under which the Company was incorporated.

MOTION BY Terri Land TO APPROVE THE RESOLUTION AS PRESENTED. SECOND BY John McCulloch. MOTION PASSED UNANIMOUSLY.

MOTION BY John McCulloch TO RECEIVE AND FILE THE FINANCIAL REPORTS AS PRESENTED. SECOND BY Paul Palmer. MOTION PASSED UNANIMOUSLY.

Public Policy Mark XXXX reported for the Committee. The Committee met via teleconference call to discuss issues going on.

Restraint & Seclusion At the state level there is pending restraint and seclusion legislation governing restraint and seclusion in schools. Mark XXX spoke with the Lt. Governor about the progress that the language is making.

Kevin's Law There will be legislation to look at updating Michigan's Assisted Outpatient Treatment Law (Kevin's Law). The agency has received draft language and will review. Kevin's Law is the forced outpatient treatment law that was adopted by the legislator's years ago. The law gives courts the authority to order outpatient treatment.

Licensing rules for CCIs There are new licensing rules for Child Caring Institutions (CCI). Andrea XXXX spoke on the new rules. There are certain CCI's that do not have to follow the mental health Code. With the new rules, individuals can file licensing complaints against CCI's who are now performing restraint and seclusion and are failing to follow certain measures. IV. Old Business None

V. New Business

Terri Land shared that she was appointed to the board of Legacy Trust.

Jane Shank distributed information regarding Mental Health Awareness month and encouraged others to wear their pin to show awareness.

VI. Adjourn

Minutes prepared by: Camilia XXX, Executive Secretary

Minutes approved by: Jane Shank, Secretary