Case 3:00-cv-00078-ST Document 47 Filed 01/12/04 Page 1 of 5 Page ID#: 83

HARDY MYERS Attorney General STEPHEN K. BUSHONG #85130 Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 378-6313 Fax: (503) 378-3465 Email: [email protected]

Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF

JAMES STALEY, by and through his mother Case No. CVOO-0078-ST and next friend KAREN STALEY; BRANDIE EVANS, by and through her mother and next AFFIDAVIT OF MICHAEL J. MALEY friend BRENA FLOTA; HELEN HEALY, by and through her mother and next friend SUSAN SCHREPPING; TARA PETERS, by and through her mother and next friend CHRIS KANNIER; JOHN DUFFIELD, by and through his mother and guardian LAURIE DUFFIELD; and MOLLY DRUMMOND, by and through her mother and guardian DIANN DRUMMOND,

Plaintiffs,

v.

TED KULONGOSKI, Governor ofthe State of Oregon, individually and in his official capacity; JEAN THORNE, Director ofthe Oregon Department of Human Services, individually and in her official capacity; and OREGON DEPARTMENT OF HUMAN SERVICES,

Defendants.

Page 1 - AFFIDAVIT OF MICHAEL J. MALEY SKB/cjwITRllI7093.DOC Department of Justice 1162 Court Street NE Salem, OR 973014096 (503) 378-6313 Case 3:00-cv-00078-ST Document 47 Filed 01/12/04 Page 2 of 5 Page ID#: 84

STATE OF OREGON ) ) ss. County of Marion )

I, Michael J. Maley, being first duly sworn, depose and say:

1. I am the Manager of the Community and Family Support Section of the Seniors

and People with Disabilities Office of Home and Community Supports in the Oregon

Department of Human Services. I have personal knowledge of the facts set forth in this affidavit.

2. Notice of the modification ofthe Settlement Agreement in this case was provided

to the class by mail and publication. The mailings were postmarked in two batches,

November 19 and November 21,2003. Notices were mailed to all adults with developmental

disabilities known to the various county developmental disability programs in Oregon. Names

and addresses were provided by the counties. Notices were mailed to more than 11,000

individuals to their last known residential addresses.

3. Notice was also published in newspaper on November 16 and

November 23,2003. Attached as Exhibit A is the Affidavit of Publication we received from the

Oregonian newspaper to verify the pUblication dates.

DATED this /,)".1.day ofJanuary, 2004.

SUBSCRIBED AND SWORN to before me this I) ~day of January, 2004. (j j! ci?E&o/'l of! fli/CtriM

OFACIALSEAL ot Public for Oregon F / / CAROLYN M. WlI.SflN My Commission Expi~s: ~Jf/'f/..!./'/_0-;/,-,1.0--",5 __ NOTARY PUBUc..OREGON COMMISSION NO. 344821 MY COMMISSION EXPIRES APRIL 10. 2005

Page 2 - AFFIDAVIT OF MICHAEL J. MALEY SKB/cjw/TRIH7093 DepanTnentofJustice 1162 Court Street NE Salem, OR 97301-4096 (503) 378-6313 Case 3:00-cv-00078-ST Document 47 Filed 01/12/04 Page 3 of 5 Page ID#: 85

AFFIDAVIT Of PUBLICATION Go HATTER I, ...... BEING FIRST DULY SWORN DEPOSE AND SAY THAT I AM THE PRINCIPAL CLERK OF THE PUBLISHER OF THE OREGONIAN, A NEWSPAPER OF GENERAL CIRCULATION, AS DEFINED BY DRS 193.010 AND 193.020, PUBLISHED IN THE CITY OF PORTLAND, IN MULTNOMAH COUNTY, OREGON: THAT THE ADVERTISEMENT, THE PRINTED TEXT OF WHICH IS SHOWN BELOW, WAS PUBLISHED IN THE ENTIRE AND REGULAR ISSUES OF THE OREGONIAN FOR 2 DAYS STARTING 11/16/03, ENDING 11/23/03 SU

---' ~ ...... PRINCIPAL ~.~CLERK OF THE PUBLISHER NOV 252003 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

NOTARY: ...... ~~ 220324 AD TEXT: CC<:'_ SOne Pub1 ic Not ice PATRl(:i/; ATK!NSON NOTARY;'::::L..:SUC-OREGON CO,\'~\lj~S;C:\ ~'JO. 346587 --MY GOMMISS'c'c'; ;',S JUNE g, 2005

Staley v. Kulongoski USDC CVOO-0078-ST Affidavit of Michael 1. Maley Exhibit A Page 1 of;?, Case 3:00-cv-00078-ST Document 47 Filed 01/12/04 Page 4 of 5 Page ID#: 86 1\\ :Ii "i ,[ II I i 1 Ii II I 'I ! I I I l ,. I ,', , , ·'HQ.~Qrable. V~~~E~~:~~81~~']'3,'Ho)i'~ ,as 'The . ~By'June Modification Settlement 'Oregon, the they that 50 total the for. will,stili Agreement Term United By money provisions HE biennium. be Comprehenshle Salem, Copies, Support Settlement State's Stephen" costing continue continuing at disablllties to tlmp.lv were Ot~gon Rules Modification PROVIDED By BY,June By By By By proposed unanticipated by in Office' Orego!, 620 Orego,n James 1162 1000 Portland, Portland,' the approve the ,June the June Ju'ne June June',30, fair June filied Since The The THE Any, A Under Under'the OR such Under.-the Objections class' pace State wanted SW-l=lfth of-300 member to Df SW Court as family latest. of nhl Court. SHE States than fiscal r~asonable, A. Modification of original ,Department of member QR less PROPOSED (the Advocacy new-non-crlsis be be_ the 3Q, 30, 30, 30, 30, 30, 30,_ 1000.sW SerylQ'8s by obJection). the K, follows: the: to at member Wrigley,. ... OR the OR Modification Third a~y, asked the in SUMMARY "tlnn<> Janice to FOR rea,ched phas'ed 973:1,0 a June·30, receiving Agreement,_based IS made 'provide Agreement Bushong which Agreement Agreement! slots St ')Court") 2005· than 2009 2005 2003 2099 2007 2007 2003, e)(.pected to crisis, the Agreement, home Clerk- proposed original The 97204 97204 significantly Modification Modification Modification of Ave., PRESENTLY Courthouse pap~rs State·flscal will State be_certain' Settlement Ave. NE IN Serylces _of the' the original 'Medicaid over ,.....;\, $20,000 term Center M, • Third • a additional - THE tie - - - flies of the without in 5th costing adequate, not MODJFICATION,AGREEMENT Services a,total' all a'total a - not not but ,This class dated Agrt;!ement plaintiffs, 'Stewart,'ln would support 2009. Settlement the . considered totai.of over in from six h~ eligible comprehensive of Agreement ciaf;s total was Modification Justice ORIGINAL Floor the with less B$ less it less OF support Avenue, Settlement the notice'must United the years h~_-' wil\ will CLASS expand that RECEIVING. crisis, an MOOlfierj of of the Agreement, Agreement, Agreement, ,be November Agreementwas l2~g,t~t~;~~~hO~£,$.]Y,9.e.l:!~J!~C~~l!-'J~~\j$jQ~..a major per more taxes devel(jpmental due ,than than LITIGATION of The the, than to may. Settlement eligible ,Sett,lement se,rvlces'and 170::ln'dividuals 20 40 take be approximately, and ,on required indlvidu~ls including, riskS 300,,1ndlvi?uals the .. year individuals 'to It Court will Courtroom' States Schedule of portland; bound'bythe modify A_ Agreement individuals individuals than goal at a and . object a a STALEY the also l the 10Qger MEMBERS' made services expire .. all, the total- total total the involved would modify Agreeme'nt, Agreement Individuals ___ State's of be other 7, NEW number $20,000 el1gibl,e notice the services provided support,servlces the objectlon(s) ,to District he,afin'g the, the ".' 2003, to of the 9f of Agreement provided in, Agreeme_nt ,On to SETILEMENT ~nrol1ed AND maintain for Oregon be previously 300 ,required Settlement the 5,122 disability 3,122 approved 4,122 ENROLLMENTS only good Settlement would , sources. 10B origlnal,Settlement reaoh serVEld served four-year organizational was in Juhe,30, very, of served ,class filling made proposed of the Modification served a _., Court Individuals intention (24-hour that per PROPOSED on some WilL are not which of RIGHTS faith. hearing-will approvea additldnallndividuals Ihdivid\jals large'budget IndIviduals inaiylduals to: 'It. continue, at litigation, to January the must the year) these members non.:crlsis:comprehensi.ve available enrolled expresslY'mpdlfied will Medicaid services will 9:30 by enrolled As rec€!ive This, NOT periOd. 2007, provisions Agreement· Agreement This would United Support AGREEMENT. Modification the remain will a,result, be care be to would slots CAUSE goal 8.m. AND by receiving WILL plaintiff, rn_odiflcati6n and appear extended 14; ,Court Agre€!ment be, p'rovlded l'ilsS They under, be services receiving receiving'services modify rec,eivlng much to outside the will 'States' MODIFICATION under developmental problems. w\ll ' will..be phased Agreement, 2d04 on in be expand held Service all OBLIGATIONS CONTINUE"BuT than of the ANY Court, be were, on will force ali JanuarY,14, created now engible tlia (stating the more, thf3!, Agreement, the tre non-crisis ,in receiving State eligible District December to' until at of remain four INDIVIDUAL as services services enrolled also Settlement will ir if, orignal the be over until thEi ARC Brokerage the family which Settlement Agreement original I folloWS: available ,The under on June, years reached ,remain individuals. has by above ea,ch to concerned following State individuals 'the of June Court o~ disabilities In SIO. the 8rni!lng services plaintiffs comprehensive class home Oregon, Settlement.Agreement cut 2004, for before 30, forbe the 14, in AT Settlement AGREEMENT com,lngyears, ts from objection State case has TO 30, fAJ the Agreement in to for contracts services many for A '2011; bY'Ju:\e would, Agreement. 2000. Oregon mAmhAr~ SLOWER-PACE or parties: effect. adults. lOSE other until ,to now, .• 2011. the event that receive,d'much 300 with January These by berete to each agreed 1.';;'7.~-~._"o.:':.'" intensive support decide social I June DistriCt, modify June and This the due developmental THE Individuals things, 30, Under each Administrative Agreement, it It and,to year services Under is se'rvices· the while wh" original provided despite th€! beca\jse 30, 7, to SERVICES services, 2009. 30, Under whether app:roved services services the 20,04, Of for an the slow, basis filA 2009, THAN 2011. the a less will the the All " \ "',,~ ...... -S ~o,," ~"- :!( Sl~ " U U'" ~ ~ ~.fl ~ o o ~.~ "? '" 00 ::: "J t"- ~-B I-< '5 Uj,.q ::;; ...... g ~ ~I MI ~ MI K gp

CERTIFICATE OF SERVICE

I certifY that on January I;{, 2004, I served the foregoing AFFIDAVIT OF MICHAEL J. MALEY upon the parties hereto by the method indicated below, and addressed to the following:

James Wrigley HAND DELIVER Kathleen L. Wilde ~U.S.MAIL Oregon Advocacy Center OVERNIGHT MAIL 620 SW Fifth Avenue - 5th Floor TELECOPY (FAX) Portland, OR 97204 (503) 243-1738

Robert C. Weaver --HAND DELIVER Mary R. Tarbox ~U.S.MAlL Garvey, Schubert & Barer OVERNIGHT MAIL 121 SW Morrison - II th Floor . TELECOPY (FAX) Portland, OR 97204 (503) 226-0259

STEPH K. BUSHONG #85130 Attorney-in-Charge Trial Attorney Of Attorneys for Defendants 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 378-6313

Page 1 - CERTIFICATE OF SERVICE SKB/cjwITRIH1891 DOC Department ofJustice 1162 Court Street NE Salem. OR 97301-4096 (503) 378-6313