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Appointment Process for Advocacy Boards Serving Persons With Golden Gate University School of Law GGU Law Digital Commons California Joint Committees California Documents 5-31-1988 Appointment Process for Advocacy Boards Serving Persons with Developmental Disabilities and Mental Illness, Part I Senate Health Subcommittee on Mental Health, Developmental Disabilities and Genetic Diseases Senate Select Committee on Citizen Participation in Government Assembly Health Subcommittee on Mental Health and Developmental Disabilities Follow this and additional works at: http://digitalcommons.law.ggu.edu/caldocs_joint_committees Part of the Legislation Commons Recommended Citation Senate Health Subcommittee on Mental Health, Developmental Disabilities and Genetic Diseases; Senate Select Committee on Citizen Participation in Government; and Assembly Health Subcommittee on Mental Health and Developmental Disabilities, "Appointment Process for Advocacy Boards Serving Persons with Developmental Disabilities and Mental Illness, Part I" (1988). California Joint Committees. Paper 68. http://digitalcommons.law.ggu.edu/caldocs_joint_committees/68 This Hearing is brought to you for free and open access by the California Documents at GGU Law Digital Commons. It has been accepted for inclusion in California Joint Committees by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. BEFORE THE SENATE SUBCOMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND GENETIC DISEASES; THE SENATE SELECT COMMITTEE ON CITIZEN PARTICIPATION IN GOVERNMENT: AND THE ASSEMBLY SUBCOMMITTEE ON MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES IN THE MATTER OF: OVERSIGHT HEARING ON THE APPOINTMENT PROCESS FOR ADVOCACY BOARDS SERVING PERSONS WITH DEVELOPMENTAL DISABILITIES AND MENTAL HEALTH. TRANSCRIPT OF PROCEEDINGS TAKEN AT DANIEL FREEMAN MEMORIAL HOSPITAL, 333 NORTH PRAIRIE AVENUE, INGLEWOOD, CALIFORNIA, COMMENCING AT 10:15 A.M. ON TUESDAY, MAY 31, 1988. HEARD BEFORE SENATOR DAN MC CORQUODALE, CHAIR, REPORTED BY BILLIE HANSON-BORGERDING, CSR NO. 4986, A NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA AND COUNTY OF ORANGE. KENNEDY COURT REPORTERS. INC. APPEARANCES: COMMITTEE MEMBERS: SENATOR DAN MC CORQUODALE, CHAIR SENATOR MILTON MARKS SENATOR HERSCHEL ROSENTHAL ASSEMBLYMAN RICHARD POLANCO STAFF: PEGGY COLLINS JULIE KAUFMAN LENORE TATE JANE UITTI HOLLY MITCHELL KENNEDY COURT REPORTERS, INC. I N D E X OPENING STATEMENTS: SENATOR DON MC CORQUODALE 5. 15 SENATOR MILTON MARKS 11 ASSEMBLYMAN RICHARD POLANCO 12 POLLY MITCHELL <FOR SENATOR WATSON> 13 EXAMINATION BY SWORN WITNESSES: NARRATIVE TESTIMONY COMMITTEE MEMBERS ALBERT ZONCA 19 28.126 CONNIE LAPIN 41 49 GEORGE DE BELL 63 71.112.129 LINDA KOWALKA 89 101.108.210 HALE ZUKAS 109 108 SAM CHAN 114 124 JAMES BELLOTTI 133 SANDRA MONAGAN 149.203 HARVEY BUSH 173 MICHAEL MORGAN 182 BARBARA HOOKER 191 KENNEDY COURT REPORTERS, INC. I N D E X ADDITIONAL WITNESSES: <UNSWORN> CHRISTINA KEEFFER 206 JOHN JACOBS 208 RICHARD ROBERTSON 211 AZALEE SCHNEIDER 220 STELLA MARCH 222 EILEEN CASSIDY 224 LORI SHEPHERD 227 LEON ELLIS <FOR AL MARSELLA> 232 BONNIE CLEMENS 236 MURIEL COHEN 236 RICHARD ROSENBERG 238 ASENATH YOUNG 239 JUDY MC KINLEY 242 MARK KARMATS 244 HARVEY LAPIN 245 LOTTEE MOISE 247 2 KENNEDY COURT REPORTERS. INC. 6 1 INGLEWOOD, CALIFORNIA. TUESDAY. MAY 31. 1988 2 10:15 A.M. 3 4 5 SENATOR MC CORQUODALE: I THINK OUR SPEAKER SYSTEM 6 WILL BE ADEQUATE FOR PEOPLE TO HEAR, BUT IN CASE AT ANY 7 TIME DURING THE DAY YOU ARE NOT ABLE TO HEAR WHAT IS BEING 8 SAID, PLEASE FEEL FREE TO RAISE YOUR HAND AND I'LL TRY TO 9 MAKE SURE THAT PEOPLE EITHER TALK LOUDER OR TALK INTO THE 10 MICROPHONE. 11 THIS IS A JOINT HEARING OF THE SENATE 12 SUBCOMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES 13 AND GENETIC DISEASES. THE SENATE SELECT COMMITTEE ON 14 CITIZEN PARTICIPATION IN GOVERNMENT. AND THE ASSEMBLY 15 SUBCOMMITTEE ON MENTAL HEALTH AND DEVELOPMENTAL 16 DISABILITIES. 17 A MEMBER OF ONE OF THOSE COMMITTEES. WHO IS 18 ALSO THE CHAIR OF THE SENATE SUBCOMMITTEE ON THE RIGHTS OF 19 THE DISABLED, SENATOR MARKS. IS THE SECOND PERSON FROM THE 20 END ON MY LEFT. 21 THE PERSON NEXT TO HIM IS JULIE KAUFMAN. 22 WHO IS THE STAFF PERSON TO THAT COMMITTEE. 23 ON THE RIGHT-HAND SIDE OF SENATOR MARKS. 24 COMING THIS WAY. IS SENATOR ROSENTHAL. 25 THE NEXT PERSON OVER IS LENORE TATE. WHO IS KENNEDY COURT REPORTERS. INC. 7 1 THE STAFF TO ASSEMBLYMAN POLANCO WHO S IMMEDIATELY TO MY 2 LEFT AND IS THE CHAIR OF THE ASSEMBLY SUBCOMMITTEE ON 3 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES. 4 I'M DAN HC CORQUODALE. I'M CHAIR OF THE 5 SENATE SUBCOMMITTEE ON MENTAL HEALTH. DEVELOPMENTAL 6 DISABILITIES AND GENETIC DISEASES. AND THE SENATE SELECT 7 COMMITTEE ON CITIZEN PARTICIPATION IN GOVERNMENT. 8 ON MY IMMEDIATE RIGHT IS PEGGY COLLINS, WHO 9 IS ON MY STAFF. 10 NEXT TO HER IS JANE UITTI. WHO IS THE STAFF 11 TO THE SUBCOMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL 12 DISABILITIES. AND ON SENATOR WATSON'S HEALTH AND HUMAN 13 SERVICES COMMITTEE OF THE SENATE. 14 NEXT TO HER IS HOLLY MITCHELL• WHO IS ON 15 SENATOR WATSON'S STAFF IN THE DISTRICT AND WHO WILL HAVE A 16 STATEMENT IN A LITTLE BI FROM SENATOR WATSON. 17 THE MEETING IS BEING TRANSCRIBED, SO AS 18 YOU SPEAK -- AND IT WILL HELP. I THINK. ALSO FOR THE 19 PANELISTS, THE PEOPLE UP HERE IN THIS GROUP. IF WE WILL 20 HAKE SURE THAT WE IDENTIFY WHO WE ARE AS WE SPEAK. IT WILL 21 HELP HER TO IDENTIFY THE CORRECT WORDS WITH THE CORRECT 22 PERSON. 23 IF YOU WANT TO SPEAK AT ANY POINT DURING THE 24 DAY. THERE ARE SOME CARDS IN THE BACK AND YOU CAN FILL 25 THOSE OUT, GIVE THEM TO THE TWO SERGEANTS HERE. WHO WILL KENNEDY COURT REPORTERS, INC. 8 1 BE ABLE TO GET THOSE UP TO US AND WE WILL TRY TO FIT YOU 2 IN. 3 WE HAVE A LOT OF PEOPLE WHO WILL BE 4 TESTIFYING. I'M GOING TO KEEP TRYING TO URGE PEOPLE TO 5 KEEP THE TESTIMONY MOVING. IF SOMEONE MAKES SOME COMMENTS 6 AND YOU ARE IN AGREEMENT WITH THOSE, AND PART OF YOUR 7 TESTIMONY COULD BE JUST SIMPLY REFLECTED AS AGREEING WITH 8 SOMEONE WHO HAS SPOKEN EARLIER. YOU CAN DO THAT. 9 MANY OF THE PEOPLE WHO WILL BE SPEAKING WILL 10 BE SWORN IN, SO THAT DOES TAKE SOME AMOUNT OF TIME IN 11 TRYING TO TAKE CARE OF ALL THOSE FORMALITIES, BUT WE WILL 12 TRY TO KEEP THE MEETING MOVING. 13 SOME MEMBERS OF THE PANEL WILL HAVE TO LEAVE 14 AT VARIOUS TIMES DURING THE DAY TO TAKE CARE OF THEIR 15 RESPONSIBILITIES BACK AT THE CAPITOL, BUT WE WILL ATTEMPT 16 TO PROVIDE ADEQUATE TIME TO EXPLORE THIS ISSUE AND PROVIDE 17 THE TIME NECESSARY. 18 THIS IS A LITTLE DIFFERENT THAN MANY OF THE 19 LEGISLATIVE HEARINGS THAT YOU MIGHT HAVE BEEN INVOLVED IN 20 OR FOLLOWED BEFORE, IN THAT WE WILL BE A LITTLE MORE 21 FORMALIZED THAN MANY OF THOSE. WE ARE SWEARING MOST OF 22 THE PEOPLE IN WHO WILL BE TESTIFYING, AND WE WILL NEED TO 23 HAVE -- WE WILL PROBABLY FOLLOW A MORE ORGANIZED PERIOD OF 24 QUESTIONING AND COMMENT THAN YOU MIGHT NORMALLY EXPECT IN 25 A REGULAR SENATE COMMITTEE HEARING. KENNEDY COURT REPORTERS. INC. 9 1 FOR MUCH CAREER. I'VE HAD 2 SOME INVOLVEMENT WITH PERSONS WHO ARE DEVELOPMENTALLY 3 DISABLED OR MENTALLY I FOR THE PAST FIVE AND A HALF 4 YEARS I'VE BEEN CHAIR OF TH S SENATE SUBCOMMITTEE ON 5 MENTAL HEALTH AND DEVELOPMENTAL D SABILITIES AND GENETIC 6 DISEASES. AND IN THAT CAPACITY 'VE HAD AN OPPORTUNITY TO 7 WORK WITH VARIOUS GROUPS IN THE LEGISLATIVE ARENA DEALING 8 WITH THESE ISSUES. 9 I HAVE ALWAYS KNOWN THAT THOSE WHO SPEAK FOR 10 THESE SPECIAL PEOPLE ARE AMONG THE HOST COMMITTED AND 11 VOCAL ADVOCATES OF THE IN ALL MY EXPERIENCE 12 HAVE NEVER SEEN AN ISSUE AFFECT NG THE MENTALLY ILL OR 13 DEVELOPMENTALLY DISABLED WH CH RAISES THE LEVEL OF CONCERN 14 THAT HAS BEEN EXPRESSED TO ME OVER THE COURSE OF THE PAST 15 FEW MONTHS. 16 AT THE SCUSS ON TODAY IS 17 WHETHER OR NOT THOSE ORGAN ZATIONS ENTRUSTED WITH 18 PROTECTING THE RIGHTS OF DISABLED PEOPLE ARE IN JEOPARDY. 19 YOU WILL HEAR TESTIMONY ABOUT VARIOUS BOARD MEMBERS WHOSE 20 APPOINTMENTS DO NOT MEET THE SPIRIT AND. PERHAPS, THE 21 LETTER OF THE LAW. 22 WE WILL HEAR TESTIMONY WHICH BRINGS INTO 23 QUESTION THE MOTIVATION OF CERTA N BOARD MEMBERS. WE WILL 24 HEAR TESTIMONY WHICH INDICATES THAT CERTAIN BOARD MEMBERS 25 MAY BE MORE ALIGNED TO THE NISTRAT ON'S AGENDA THAN KENNEDY COURT REPORTERS. INC. 10 1 WITH THE NEEDS OF THE VERY PEOPLE THEY ARE MANDATED TO 2 SERVE. 3 THESE ARE ALL SERIOUS ALLEGATIONS AND ONES 4 THAT WE HAVE TO PURSUE AND DISCUSS AND INVESTIGATE THE 5 EXTENT TO WHICH WE FIND THEY DO AFFECT THE RIGHTS AND THE 6 PROGRAMS RELATED TO THE DEVELOPMENTALLY DISABLED OR 7 MENTALLY ILL. 8 SO THESE BOARDS ARE DESIGNED AND THEY WERE 9 INTENDED TO BE INDEPENDENT. AND THEIR VERY EXISTENCE IS 10 BASED ON THE NEED TO PROTECT THE RIGHTS OF CLIENTS IN 11 DISPUTES AGAINST THE STATE. 12 BUT THEY ARE A LITTLE DIFFERENT THAN AN 13 ADVISORY BOARD OR A BOARD PUT TOGETHER TO HELP US 14 DETERMINE WHAT PROGRAMS MAY BE NECESSARY. THEIR ROLE IS 15 TO PROTECT THE CLIENTS AND INSURE THE AVAILABILITY OF 16 THOSE SERVICES ONCE A DETERMINATION IS MADE THAT PROGRAMS 17 ARE AVAILABLE OR THAT THEIR RIGHTS ARE BEING INFRINGED 18 UPON. 19 SO WHETHER OR NOT THESE ALLEGATIONS ARE 20 JUSTIFIED AND WHETHER THEY'RE RIGHT IS THE QUESTION AND 21 THE ISSUE BEFORE THESE COMMITTEES TODAY.
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