MINUTES OF THE JULY 9, 2012 - Inland Regional Center

MINUTES OF THE JULY 9, 2012
Inland Counties Regional Center, Inc.
Board of Trustees Meeting
MEMBERS PRESENT: Peter Asten; Christina Benjamin; Tom Cosand; Dr. Drew Cutler; Marybeth Feild;
Patrick King; Jack Padilla; Donita Remington; Leanette Loury Smith
MEMBERS ABSENT: Alma Derritt; Carmela Garnica, Gregory Harrison; Christian Pike
MANAGEMENT STAFF PRESENT: Carol Fitzgibbons; Solon Escobar; Margie Henderson; Lavinia Johnson;
Gustavo Rodriguez
RECORDING SECRETARY: Sandra Guzman
STAFF PRESENT: Denise Adame; Cynthia Alexander; Dalilia Balderas; Marilyn Bennett; Robert Britton;
John Carville; Bev Ching; Sheilah Coble; Jennifer Cummings; Elsa Espinoza; Paula Forthun-Baldwin; Ana
Godoy; Susan Gomez; Olivia Gutierrez; Kevin Haynes; Vanessa Hunter; Sharon Ingle; Mary Joseph Bacon;
Lorene Kaeding; Regina Kuruppu; Michelle Lindholm; Debra Mannon; Shirley Martin; Sue Martinez;
Millee Martin-Walton; Robert Mendes; Don Meza; Steven Miller; Ismael Ocampo; Marylou Paras;
Brandie Parhm; Pauline Park; Mary Pounders; Bea Regalado; Merissa Steuwer; Jamilly Tardy-Anderson;
Russ Thompson; Van Truong; Kevin Urtz; Ken Willits
GUEST PRESENT: Williams Ames, Southwestern; Cecil Archavara, SEIU; Amar Bajwa, SEIU; Sharon Barton,
In-Roads; Kristie Burchit, Parent; Karen Connell; Dan Copeland, Salem Christian Homes; Greg
Damewood, Parent; R.J Feild, Consumer; Dr. Jose Fuentes, FFC, Inc.; Michelle Garcia, SEIU; Ben Jauregui,
IEHP; Jefferson Kemper, SEIU; Susan Li, SEIU; John Maggio, In-Roads; Kathy McKinney, UCPIE; Moe
Mendoza, Parent; Linda Niemeyer, Parent; Tammi Simpson, California Mentor; Allan Smith, DDS; Barry
Solomon, Marca Small Family Homes; Emily Stillion, Family Member; Cornelia and Daniel Todor, Covey
Quail Adult Residential; Janene Vitro, Parent; Wade Wilde, Mtn. Shadows
Dr. Cuter called the meeting to order at 7:11 p.m.
MINUTES: Motion made to accept minutes of June 11, 2012 with correction on page 2 item number 2
word pathology should read mythology M/S/C Cosand/King
PUBLIC INPUT:
1) Moe Mendoza, parent and advocate stated she wanted to comment on a few items 1)
Concerns regarding clarity of the board meeting and why the complete agenda packet is not
posted on the website. Consumers and parents want to see what the Board sees. She is
requesting that the Board have the regional center put the agenda with all the attachments
on the website; giving the public an opportunity to speak about any and all items in the
packet. She noticed items that were given to the Board were not listed on the agenda. In
her opinion this shows a lack in transparency. 2) Regarding SB946 Insurance Guidelines. A
document given only to the Board members states if a person is on Medi-Cal (Healthy
Families or IEHP) are not required to seek a denial letter. The regional center will
automatically keep the ABA services in place. It is her understanding that there was an
override on the bill that states anyone that has Medi-Cal with IEHP would be able to have
ABA services. This contradicts what the documents states. Can there be some clarification
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posted? 3) Regarding Progress Reports. During a meeting with her son’s caseworker and
ABA provider she was told by accident by ABA provider that she can no longer receive
progress reports. As a parent, she is entitled to receive progress reports and it is her
understanding that it is an IRC’s management decision not to provide these reports. Ms.
Mendoza is asking the Board to look into this to see if there is any truth to that. 4) A
regional center person has determined that ABA services cannot be provided after two
years. Once the child received ABA service for two year they need to be transition out. Ms.
Mendoza is requesting to see how many people have been exited out since 2010. She is
asking for the Director to gather this data and either justify it or issue a plan of correction.
5) Ms. Mendoza stated she was advocating for consumer that was an immediate danger to
himself and to others. He was taken down to Loma Linda Behavior Health Center –
Psychiatric Ward. Loma Linda did not want to deal or know how to serve this child because
he had a developmental disability. Each regional center has to be contracted with certain
entities that can meet the needs of people who have a mental illness and a developmental
disabilities. The regional center is contracted with Loma Linda as an Emergency Housing
Option. Ms. Mendoza is asking the Board to instruct the Director to look into this so that
proper training can be provided to Loma Linda Behavior Health Center.
2) Kirstie Burchit stated she echoes Ms. Mendoza’s comments regarding the full agenda packet
being posted on the website. She commented that a financial report was not included in
this meeting’s packet. The agenda listed Committee Reports but only some reports were
included. Ms. Burchit is again requesting the Board to consider the possibility of a Parent
Advisory Committee and is asking that it be placed on the agenda as an action item. This is
especially important with the insurance issues Ms. Mendoza mentioned on her report. Each
regional center is responding differently to ABA services in regards to the new insurance
requirements. There are no clear guidelines and having a Parent Advisory Committee would
be helpful in this area. Ms. Burchit wanted to remind the Board that she has asked to be
interviewed for a Board position. She submitted her application and has not heard from
anyone. She has also offered to serve on the Business Committee with Mr. King and has not
been contacted.
3) Gill Navarro, member of San Diego County Board of Education, presenting himself as an
individual. Is here to support of Ms. Burchit’s request for a Parent Advisory Committee. An
agency that is serving the children, families and parents can benefit from a committee like
this. Their input would be important as the PTA is to the school. IRC would be receiving
advice from people of the community that have a vested interested. It would be at an
advisory capacity and IRC is not mandated to follow their recommendations. If they are not
included, there would be the perception in the community that there is no transparency.
He strongly recommends that IRC considers it and implements it fairly soon.
Mr. King asked if the IRC’s afterhours contact is posted on the website and if it would be
possible to add the Parent Advisory Committee on the next agenda for discussion. Ms.
Fitzgibbons responded that afterhours contact is posted on the website and the topic of a
Parent Advisory Committee will be added to the agenda.
EXECUTIVE COMMITTEE REPORT: Ms. Field reported the following: 1) Nominations Committee
interviewed two candidates and will be tabling a decision until the recruitment ad is placed. The Board
is seeking individuals to present Riverside County and the notice will be placed in the Spanish and Asian
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community papers. 2) Fiscal year 2011-12 Operations closed with a small surplus and POS will have a $6
million deficit. 3) Committees are in the works with the Business Committee having their first meeting
on July 12 at 3:30 p.m. Nominations Committee needs one more Board member to serve on the
committee and the Audit Committee will be combined for both IRC and Master Trust Committee 4) The
Board had their first training tonight on Conflict of Interest and forms were completed. The training
schedule will be reviewed and items may be added as we go along. 5) Dymally-Alatorre Bilingual Service
Act was discussed and Ms. Fitzgibbons will provide more information in her report. 6) Frequency of
Director’s and Committee’s Board reports were discussed. The Board decided staff reports should be
submitted on a quarterly basis. 7) Prior authorization for Ms. Fitzgibbons legal expense on a matter
related to regular job responsibilities was approved for reimbursement. 8) 40 th Celebration and
upcoming events was discussed. 9) Response to Public Input, Ms. Fitzgibbons will incorporate as much
as possible in her report to the Board and will update as appropriate. Board member can request that
staff follow up on a particular item. 10) Board needs to reconvene after Executive Session and state any
actions taken and then adjourn. 13) Contacting Legislators was discussed so that elected officials know
IRC is trying to turn things around and ask for help with Board membership.
EXECUTIVE DIRECTOR’S REPORT: Ms. Fitzgibbons reported the following: 1) As of June 30, 2012 IRC
reported a total of 26,537 active consumers. That is an overall 3.5% growth with a flat budget. 2)
Gustavo Rodriguez and his team accomplished the major tasks of closing the books at the end of the
fiscal year. He will be reporting more on that in his report. 3) Solon Escobar worked with Resource and
Development, Vendorization and Purchase of Service units to prepare the service agreements for the
2012-13 fiscal year. Most of the agreements and contracts have been signed and processed. 4)
Governor Brown signed the budget on time. This year there was legislation that passed requiring
insurance companies to add ABA services to insurance plans. Lavinia Johnson is working on developing
a procedure to implement this requirement. 5) Margie Henderson has worked with her team to add the
needed people onto the Medicaid Waiver program. There were some additional changes for adult
services in the Trailer Bill Language that will be discussed with the Board as these changes are finalized.
6) The new contract was received in May and is on the agenda for Board approval. There will be some
contract addendums due to the new Trailer Bill Language. The Department used last year’s language so
that regional center allocation could be released on time. In the budget bill there is quite a bit of
language that addresses assisting people to remain living in their family home, along with a strong push
to avoid placing people into State Developmental Centers. There are a few people placed out of state
and the goal is to have them return to their community by June, 2013. 7) Rate reduction from 3 years
ago for regional centers and providers totally 4.25% rate reduction. 3% of that reduction was eliminated
leaving the net reduction to 1.25% for fiscal year 2012-13. This applies to both vendors and regional
centers; Vendors will see the rate restored in payments made in August for July services. 8) IRC’s
probation response was submitted to DDS on time and are waiting for DDS’ reply. 9) In responding to
the Dymally-Alatorre Bilingual Service Act that was brought up during Public Input at the last Board
meeting. This piece of legislation does not apply to non-profit corporations. There is nothing in the Act
that talks about reimbursing staff for that particular skill. Research was done throughout the State and
results show agencies recognize this skill while some provide a stipend and others do not. Our contract
states that we need to have employees and written information available in families and consumers
people’s native language so they can read, hear and understand what is being said. The Lanterman Act
also states that information needs to be available to families in the appropriate languages.
Mr. King asked if ABA Services can be placed on the next agenda for discussion. Ms. Fitzgibbons
responded that some basic education on ABA Services and implementation of co-pays will be provided.
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FINANCIAL REPORT: Mr. Rodriguez announced that IRC did not have to activate the line of credit during
fiscal year 2011-12 nor for beginning of fiscal year 2012-13. The regional center was one week away
from running out of cash when a notice was received that funding was forthcoming. Not having to
activate the line of credit saved the regional center approximately $60,000 in interest expense. Using
DDS’ preliminary cash advance in the amount of $59 million, IRC should expect to receive these funds in
3 increments. Mr. Rodriguez thanked his team for all their hard work making year end a smooth
process. IRC received notification from DDS of an upcoming audit to take place in September, 2012.
The entrance meeting is scheduled for September 17. Mr. Rodriguez extended an invitation to the
Board to attend this meeting if their schedules permit.
COMMITTEE REPORTS:
1) Vendor Advisory Committee – Ms. Remington provided the Board with the Membership
Committee report and recommendations for the 2012-13 fiscal year. The VAC met on June 8;
complete minutes will be posted on IRC’s website under the Vendor section once they are
approved by the Board of Trustees. The common thread of concern discussed at the meeting
was the audit requirements, the 3% sunset, vacancies and the referral process. Two long term
members, Ruth Goodsell and Bob McGuire completed their terms and Ms. Remington thanked
them for the many years they have supported the VAC.
a) Ratify Membership: The Membership Committee is making the following
recommendations:
Donita Remington, reappointed as Chairperson and for a second two and final year term
ending June 2014;
Dennis Mattson, appointed as Co-Chair and for a second two and final year term ending
June, 2014;
Tammi Simpson, appointed as Secretary and for a second two and final year term
ending June, 2014;
Andrea Erickson, first two year appointment as Vocational Service Representative.
Motion made to approve Membership Committee’s recommendations as submitted M/S/C
King/Cosand.
2) Consumer Advisory Committee - Mr. Miller thanked the Board of Trustees, past and present for
their continual support. As IRC continues celebrating its 40 th anniversary year, the CAC continues to
advocate for full inclusion by meeting the needs and reaching out to individuals with developmental
disabilities in the two counties. The Annual Monte Carlo Night was held on June 1 and with about
250 consumers and vendors present who helped raise over $750 that night. The Self Advocacy
Conference was held on June 2 and more than 150 consumers were in attendance. The CAC has
been out in the community attending the Hesperia Resource Fair and Old Time Country Fair in Big
Bear. Healthy Bodies, Healthy Lives class will start on July 10. The CAC will offer a Voter training at
their September meeting.
3) Master Trust - Mr. Britton reported that he is working with Gustavo Rodriguez to reorganize his unit
and fill the staff vacancies. There are about 250 people who have a Special Needs Trust. The
financial market has been rough and there are signs that the economy is slowing down. Master Trust
is in the process of changing Investment Advisors. The equity has been transferred but encountered
a problem with the large bond funds and getting review. This will hopefully be resolved by end of
July. Question: How can one check how their trust fund is doing? Answer: They can call their trust
associate at IRC. A statement is mailed out annually to the appropriate individuals. Mr. Britton
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asked if the Board would like an in-service on Master Trust. The Board agreed. Mr. Britton invited
the Board members to attend a Master Trust Committee meeting as it is a committee of the Board.
The meetings are held on the second Tuesday of every month, except for July. Ms. Fitzgibbons
suggested that the Executive Committee look at the calendar and add Master Trust to the Board
training schedule.
4) Another Way – Ms. Gomez reported Another Way has had many changes in the past nine months.
They just completed a 9 month Capacity Building Academy that was funded by First 5 – San
Bernardino, it was a comprehensive training worth $30,000. The training involved the use of a
Sustainability Plan to look at the organization’s strengths and weakness. At the end of the nine
months, Another Way was invited to participate in First 5 “Fast Pitch” where 8 organizations were
selected to compete for $10,000. Another Way was fortunate enough to be selected. Ms. Gomez
shared her power point presentation titled “Plan for Sustainability”.
5) Performance Contract – Ms. Forthun-Baldwin reviewed the 2012 Performance Contract 6 month
status of each goal and explained the outcomes reached thus far. Item 1: Decrease the percent of
regional center caseload in State Developmental Center. This area shows a reduction of 17.14%, 12
consumers were able to move into the community. Item 2: Increase number of minors residing with
families or home settings. The 2012 target is to have a 5% increase in this area. IRC is currently at
1.56%. Item 3: Is to increase the number and percent of adults residing in home-like settings. Our
goal is 6%, mid-year we are at 2.9%. Item 4: Is to decrease minors living in facilities serving 6 or
more. This area is difficult to make progress on because there is only one sub-acute children’s
facility in Southern California. Since the last report, four (4) additional children have moved in to
this facility. Item 5: Is to decrease number of adult living in facilities serving six or more. The target
reduction is 4.94%. IRC is currently at 3.87% which is very close to meeting this goal.
6) Nominating Committee - Ms. Feild reported that three people have been interviewed for Board
positions. Two will be called prior to the August meeting and the third needs to wait a few months
before committing. The Board received a verbal resignation from Gregory Harrison. The Board
asked Ms. Fitzgibbons to send a thank you letter on behalf of the Board to Mr. Harrison. Ms. Feild
announced that the Nominations Committee is seeking an additional Board member to sit on this
committee. Ms. Fitzgibbons stated that included in the Board packet was a list of committees as
they stand today and are making good progress in getting community representation. Board
members were asked if they know people in the community that would be interested in serving on a
committee rather than sitting on the board, if so please use the list which identifies the vacancies.
The Audit Committee is almost complete. Question: Does the Board have to ratify community
members for these committees? Ms. Fitzgibbons will check the Bylaws and get back to the Board.
OLD BUSINESS:
1) Board Recruitment – Ms. Remington wanted to verify that the Board was seeking individuals to
serve on the Board who live in Riverside County, represents a minority groups and/or are
consumers. Ms. Fitzgibbons confirmed that those are the three major areas that are needed
(Unfortunately spouses cannot sit on the Board or serve on a committee at the same time).
Anyone with any ideas or recommendations, call or email Carol and she will follow up with the
Nominations Committee. An ad will be placed in the paper next week and will be added to the
Constant Contact email that goes out.
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NEW BUSINESS:
1) Approval to Sign 2012-13 Contract: Mr. King expressed concern that the contract is the way that
regional center receives its money and there is no summary attached identifying any contract
changes. The Board is being asked to vote on a quarter of billion dollars with no explanation.
Ms. Fitzgibbons stated that IRC received the contract after the June Board meeting and it had to
be signed by the President and returned within the week. The Board now needs to ratify the
action that was taken for the signature. The contract is the same as last year and some new
language will be added once everything is finalized. Mr. King mentioned that the State made a
comment that they did not believe the Board was taking an active interest in running the
organization and now they are being asked to approve a contract with no summary. Ms.
Fitzgibbons stated that Mr. King was making a very good point and bringing to her attention that
the Board needs more clarity regarding what is included in the contract. Contract with DDS is
one of the topics on the training schedule however a summary or factsheet will be completed
going forward. Mr. King asked what would happen if the Board decides not to ratify the
contract until they receive more information. Ms. Fitzgibbons stated that she believes they
could pull the money that was already given to the regional center. Ms. Feild made the motion
to ratify and signed the contract M/S/C Feilds/Asten Ms. Field stated that she has sat on other
Boards that are funded by the State and Federal and it is quite common to have a Board
approve a signature. The Board should feel confident they have hired a staff person who knows
what they are doing, knows what is in it and has reviewed it. Mr. Asten wanted to clarify that
the Board is being asked to vote on accepting money from the State to provide services for
people with disabilities under certain conditions which will probably not vary too much from
what the regional center is already doing. Ms. Fitzgibbons mentioned that when a person joins
the Board they are given an orientation manual with a copy of the current contract. Ms. Feild
called for the motion to be re-read so that the Board can vote. Motion made to ratify signing of
the contract for fiscal year 2012-13 with DDS M/S/C Feilds/Asten; Mr. King voted nay.
2) Letter to DDS Expanding Line Items on Financial Statement – Mr. King stated this item can be
removed from the agenda because he, Gustavo and Carol had talked about the efforts being
made to increase transparency on the financial statements. Some items are lumped together.
Mr. Rodriguez came up with a way to identify some of these items in subcategories without
having to go to the DDS. Starting with August the subcategories will be added to the Financial
Statements.
3) Committee/s Appointments – already discussed (see above).
Dr. Cutler adjourned the meeting at 8:48 p.m. to go into Executive Session to discuss legal and personnel
matters.
The Board reconvened and stated that legal matters were discussed. The meeting adjourned at 9:45
p.m.
Respectfully Submitted,
Marybeth Feild Dr. Drew Cutler
Secretary President
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