National Council on Disability
Quarterly Meeting
October 5-6, 2005
Crowne Plaza Hotel San Francisco Union Square
San Francisco, CA
Members
Present
Lex Frieden, Chairperson
Pat Pound, First Vice Chairperson
Milton Aponte, J.D.
Robert R. Davila, Ph.D.
Barbara Gillcrist
Joel I. Kahn, Ph.D. (via teleconference)
Young Woo Kang, Ph.D.
Kathleen Martinez
Carol Novak
Marco Rodriguez
David Wenzel
Linda Wetters
Absent
Glenn Anderson, Ph.D., Second Vice Chairperson
Graham Hill
Anne M. Rader
Staff
Ethel D. Briggs, Executive Director
Jeff T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director Communications
Martin S. Gould, Ed.D., Senior Research Specialist
Julie Carroll, Senior Attorney Adviser
Joan Durocher, Senior Attorney Adviser
Allan Holland, Chief Financial Officer
Mark Seifarth, Congressional Liaison (via teleconference)
Guests
Ken Stein, Program Administrator, Mayor’s Office on Disability
Tamara Sash
Constance Barker, Vice President Environmental Health Network
Susan Molloy
Katy Rhoades, Parent and Member, Commission on Disabilities
Lisa Mancini, Director, Aging and Adult Services, a Division of the San Mateo County Health Department
Lori Sweeney, Program Services Manager, Aging and Adult Services
Shea Muller, Planner, Aging and Adult Services
Julian “Buddy” Singleton, President, Deaf Senior Retirement Corporation Board
Wednesday, October 5, 2005
CALL TO ORDER
Chairperson Frieden called the meeting to order at 9:05 a.m. He thanked Ms. Kathy Martinez for her leadership in arranging for Council members to come to San Francisco, CA.
ACCEPTANCE OF THE AGENDA
Motion 1
Mr. Wenzel moved to accept the agenda as presented. Passed.
INTRODUCTIONS/PUBLIC COMMENTS
Ms. Martinez introduced Mr. Ken Stein, Program Administrator for the Mayor’s Office on Disability in San Francisco. She stated that he is an old time friend and advocate.
Mr. Ken Stein welcomed the Council and staff to San Francisco. He stated that he has known Ms. Martinez for ten years. They worked together on a landmark project that taught disability civil rights history to grammar school students.
Mr. Frieden asked Council members and staff to introduce themselves for the benefit of guests.
Ms. Tamara Sash from Des Moines, Iowa shared her personal experience with job discrimination and accommodation. She submitted a copy of her remarks for the record.
Ms. Constance Barker Vice President of the Environmental Health Network in California which is a support and advocacy group for the chemically inured and sensitive. She spoke about her personal experiences as a chemical sensitive person.
Ms. Susan Molloy spoke about chemical and electrical field sensitivities. She shared with the Council various statistical information.
APPROVAL OF THE MINUTES
Motion 2
Ms. Pound moved to accept the minutes of the July 2005 quarterly meeting in Washington, DC with a correction on Page 5 in reference to the Business Advisory Committee. It currently states the team wants to ensure, it should read the team will work toward ensuring that at least half of the members of the Business Advisory Committee are people with disabilities. Passed.
CHAIRPERSON’S REPORT
Mr. Frieden stated since the July quarterly meeting, he has been working on budget issues and re-programming of funds. The Council is currently on a continuing resolution (CR), more information will be given regarding the CR under the Finance Committee report.
Mr. Frieden stated that a number of projects are underway which will be discussed in the team and Executive Director’s Reports. He thanked everyone for their support in the efforts provided in assisting the victims, especially those with disabilities of Hurricanes Katrina and Rita.
Mr. Frieden stated that the Council is in the process of re-organizing teams. He has reviewed the membership of each team. He asked Council members if they had any preference(s) on which team they would like to serve to inform him. He announced the establishment of two new teams; educational outcomes and disability data and statistics. He thanked Ms. Pound for agreeing to serve as chair of the educational outcomes team and Mr. Joel Kahn as chair of the disability data and statistics team.
EXECUTIVE COMMITTEE REPORT
Ms. Pound stated that the Executive Committee reviewed the Americans with Disabilities Act (ADA) events of July. The feedback from committee members was they were very pleased. She stated that a suggestion was made to conduct some sort of event similar to that at the Kennedy Center every five years but to conduct an event annually similar to the event held at the Marriott Hotel, a conference format. This would be a reduction in expenditures and at the same time recognize the anniversary of the ADA. The seminar was well-attended on July 26th.
EXECUTIVE DIRECTOR’S REPORT
Work Plan
Ms. Briggs stated that the work plan was included in Tab 4 of Council members notebooks. She stated that there will be two additional studies in the new fiscal year. They are educational outcomes and disability data and statistics studies. She added that behind the work plan is a monthly breakdown of tasks.
Mr. Aponte pointed out that he felt that in addition to staff, Council members should be added to objective 2.3: Hold federal partner meetings with cabinet sectartaries, appointees and other key individuals to review and promote NCD’s recommendations. Mr. Aponte added that he thought it was very important for members to be involved in meetings with other federal agencies. This was discussed by the members. Lex stated in order to do this; funds must be included in travel for members to come in to DC to attend meetings. Ethel stated that the work plan is a draft document and Council members could be added to the individuals responsible to implement the tasks in this objective.
Ms. Briggs stated that there are tentative dates and discussion regarding the January and spring Council meetings which will be discussed under new business.
Policy Update
Mr. Rosen said that the Council will be releasing three reports. They are as follow:
• Progress Report - November 17th with press availability
• Social Security Report - November 29 or December 2- Bi-Partisan Disability Caucus(Ramstad/Owens)
• Long-Term Services & Supports- December 15 right after White House Conference on Aging- This will be a mini-conference similar to the validation conference for Social Security Study. Long-Term Services and Supports Study provides a platform for long-term reform, details, and implementation.
Mr. Rosen said the Council plans to kickoff its FY 2006 projects but will have a spending slowdown until mid-November. He stated that the Council’s projects are still on track. Dr. Gould is compiling relevant information related to the Progress Report as well as developing the scopes of work for the educational outcomes and disability data studies. He will have the teams review the scope of work for each study and be ready for the RFP process.
Mr. Rosen stated that he has spoken with contractors regarding the mental health paper but is waiting until the Council’s budget is approved before moving ahead. He added that the employment and financial incentives studies are progressing.
Mr. Rosen stated that NCD staff attended a Hill briefing and is continuing to gather information in regard to Hurricanes Katrina and Rita. A letter was sent to President Bush and the Red Cross.
Mr. Rosen stated that he plans to meet with the contractors regarding the emerging technology paper.
Mr. Rosen said that Hurricanes Katrina and Rita have deeply affected the legislative landscape laying imprimatur on virtually all legislation trends in mainstream disability issues and larger bills, adding an additional $25 million for vocational rehabilitation. He stated that Council staff is busy meeting with Congressional members and their staff by providing a range of Council information (i.e. Saving Lives, Self-Directed Health Care, Long-Term Care, Transportation, Universal Design, Progress Report). Mr. Rosen stated that staff is placing immediate focus on the issues of home care, housing and transportation as well as extensively discussing universal design, long-term services and supports and education.
Mr. Rosen indicated that the Council is working hard to keep level funding and the Senate’s higher number by meeting with a number of Hill staff. He stated that it is a good chance the agency may retain its level funding. He asked Council members to participate in this effort. Mr. Rosen stated that Mr. Seifarth is drafting some talking points for Congressional members on the appropriations committees. The fiscal year will be tight and there will be recessions across the board. However, the Council’s FY ‘06 projects are very manageable with the current funds.
Public Relations Update
Mr. Quigley stated that there was a de-briefing on the July ADA events. He found the information from the de-briefing to be very helpful and suggested that there be a de-briefing after all meetings and events of this nature.
Mr. Quigley stated that he is working with the Department of Health and Human Services (HHS) on a video that covered the events of July 25th and 26th. He stated that Mr. Frieden, Ms. Briggs and he have reviewed it. The General Counsel at HHS has indicated that the video will be used as an educational tool.
Mr. Quigley stated that the Katrina news coverage was interesting. He said that the Council’s listserv was used to disseminate the news release. Mr. Rosen sent it to a Katrina listserv. It appeared everywhere. He stated that the Council also placed the message on various messages boards at ABC, NBC and other stations.
Mr. Quigley indicated to Council members that he serves as the agency’s Federal Advisory Committee Act Chief Management Officer. He stated that the Cultural Diversity Advisory Committee (CDAC) will have to make a decision whether this committee will continue for it is due to sunset October 31, 2005.
Mr. Aponte stated that he thought that the CDAC would not expire until the end of next year. He asked Mr. Quigley to check the date. Mark reported back that he was incorrect, CDAC does not expire until January 2007, the Youth Advisory Committee‘s charter is up at the end of October.
FINANCE COMMITTEE REPORT
Mr. Wenzel stated that the Finance Committee has been meeting on a regular basis during the month of September. He said that the Council has ended FY 2005 with a balance of $4,000.000.
Mr. Wenzel stated that the Council is on a continuing resolution for FY 2006. Mr. Holland stated that the agency is on a continuing resolution (CR) until November 18, 2005. Under the CR, the agency is only allowed to spend a percentage of its budget. According to the CR bill language, the agency could spend a percentage of the lower figure voted on in the House or Senate appropriations bills. In NCD’s case, the lower figure is in the House version, 2.8 million. Allan continued that this amount is 13% of $2.8 million which is the lower amount voted on by the House. The Senate voted for $3.3 million which would have placed the Council at level funding. Mr. Holland stated that for 49 days the Council can only spend $375,000.00.
Mr. Wenzel stated that the Finance Committee has requested the staff to do two things: Review its 2005 expenditures and obligations and (2) make recommendations on how the agency can possible fixes potential problems.
TEAM REPORTS
Employment
Ms. Wetters stated that the Employment Team has accomplished two major things in terms of the employment study since the last Council meeting. The team has completed the task with the composition of the Expert Advisory Committee and they convened their first meeting on September 12th. She stated that the Social Security Report is coming to a completion and there is a plan to announce the report through the Bi-partisan Disability Caucus in Congress. The team is hopeful to have a date scheduled in November.
Ms. Durocher stated that the Social Security Report will be released either in late November or early December. She stated that Mr. Seifarth is talking with Representative Major Owens’ office regarding the event.
Ms. Wetters stated that the second employment study is just getting off the ground and in the last several months the team has been working with Rutgers University to re-establish our priorities, particularly for the Business Advisory Committee (BAC) having it properly aligned and in place.
She stated that invitation letters will be sent from the chair of this committee once identified and from Mr. Frieden to individuals to serve on the BAC. The BAC will have specific objectives throughout the period of this project and more long term for this Council to continue with the Committee beyond this project.
Financial Incentives
Mr. Rodriguez stated that there has been a n amendment with the contractor where the Financial Incentives Team removed tasks from the contract due to budget restraints. However, after the Council’s budget has been approved we may arrange for the tasks to be restored. The tasks that were removed will not affect the progress of the study. The report is to be expected to be completed by FY 2006.
ADA
Dr. Davila stated that there was an ADA Team meeting last week. Ms. Carroll stated that the team met to discuss the ADA Impact Study which has been going on for one year with the Council’s contractor Lockheed Martin and subcontractor Peter Blanck and the team at the University of Iowa. She added that Mr. Blanck chairs a blue ribbon panel of experts on disability issues nation wide. The panel reviewed the document and provided input to NCD.
Ms. Carroll stated that the team is two months behind on this project but at no cost to the Council.
Dr. Davila stated that the ADA Implementation study began August 1st and by the end of September the team was suppose to have received a list of issues to be addressed by that study. Also, Dr. Davila stated that Mr. Rosen has provided assistance to the team regarding an interesting case coming before the Supreme Court, Goodman v. Georgia. This case is concerned with Title II of ADA Does it applies to prisoners or is it not applicable to them and is unconstitutional. The Council plans to develop a position paper to view and analyze the issues involved in this case.
Health Care
Ms. Novak stated that the team has two projects that are in process: Livable Communities and Long-Term Services and Supports. The Livable Communities Project is gaining momentum with other agency involvement and the Long-Term Services and Supports Report is to be released December 15th after the White House Conference on Aging. These reports have had a great deal of participation from Council members.
ADVISORY COMMITTEE REPORTS
Youth Advisory Committee (YAC)
Mr. Rodriguez reported that the YAC has just appointed a new chair for their committee as well as the experiencing the transition on of new members. He stated that they visited Congressional offices and spoke to Senators, Representatives and their staff about issues that effect young people with disabilities.
Motion 3
Mr. Rodriguez moved to renew the YAC charter. Ms. Pound amended the motion presented to add and that Mr. Rodriguez and staff review the structure, role, membership, purpose, budget of the YAC and make a proposal at the January Council meeting about improving or increasing the involvement of the YAC in Council activities. Passed.
Cultural Diversity Advisory Committee
Mr. Aponte submitted an overview of the Cultural Diversity Advisory Committee’s purpose. Mr. Rosen added that the committee is to conduct an external promotion and an in-depth integration of the cultural diverse issues. He added that they also advice the Council on issues of diverse communities to incorporate in the NCD policy work.
Mr. Rosen stated that the Council conducted a forum for federal agencies that lead to the development of the Cultural Diversity Initiative(CDI) toolkit. There was also some major involvement by some of the committee members in the development of the Native American report.
Mr. Aponte stated that the CDAC has been doing follow-up on the Civil Rights Forum and the committee will be involved in other issues. In addition they are planning to collaborate with the Council’s congressional liaison, Mark Seifarth.
International Watch
Ms. Martinez stated that the Sixth Ad Hoc Committee Meeting on a Comprehensive and Integral International Convention on the protection and Promotion of the Rights and Dignity of Persons with Disabilities met during the first two weeks of August in New York. On August 2, NCD held a side-event at the United Nations to release several topical papers that give a snapshot overview of the US experience with respect to: employment; health; political participation; independent living and living in the community; transportation; education; and the accessibility of electronic and information technology. NCD co-sponsored this event with Mental Disability Rights International (MDRI). The side-event was well-attended and well-received by participants, with every member of the US delegation who was in New York in the audience. Ms. Martinez stated that there is an update on the website on the Convention and the various articles that were discussed. She stated that the Administration is not supporting the actual signing of the Convention, but rather is supporting the Convention by providing technical assistance
Ms. Martinez stated that Ms. Durocher, Mr. Rosen and she met with USAID to continue to discuss the progress of its implementation of its disability policy as well how it reaches out to disability organizations.
Ms. Martinez indicated that the Council will co-sponsor a work shop, October 24, 2005 with MDRI at the American University. The focus of this workshop is to discuss how the convention can be monitored to better enforce the provisions.
She stated that there has been a State Department Federal Advisory Committee on People with Disabilities established and she is a member. The Committee has had one meeting since it was established. Ms. Martinez stated that the Committee has agreed to work on the Convention knowing that the Administration will not formally pass it and the State Department wants to provide technical assistance to the countries that have signed on.
Ms. Martinez stated the Committee is also recommending looking at the State Department’s 504 Plan. This was suggested on an international watch teleconference by former NCD chair Marca Bristo. She stated that there was discussion on how the State Department can better reach out to disability organizations and help them get up to speed regarding possible funding.
DISCUSSION OF THE LIVABLE COMMUNITIES FRAMEWORK
Ms. Novak asked that Council members to refer to Tab 6 of their notebooks for the draft of the discussion guide and questions. Council members engaged in a thorough provocative discussion on the concept of livable communities.
RECESS
The meeting recessed at 4:30 p.m.
Thursday, October 6, 2005
The Council meeting reconvened at 9:20 a.m. with Marco Rodriguez presiding. Ms. Novak introduced the panelists who talked about the San Mateo County support system on livable communities for people with disabilities. The panelist were: Lisa Mancini, Director, Aging and Adult Services, a division of the San Mateo County Health Department, Katy Rhoades, Parent and a Member of the Commission on Disabilities, Lori Sweeney, Program Manager, Aging and Adult Services, and Shea Muller, Planner, Aging and Adult Services.
Dr. Davila introduced Mr. Julian “Buddy” Singleton, President, Deaf Senior Retirement Corporation with the Fremont Oak Garden who spoke about its livable community. Mr. Singleton shared with the Council some of the struggles he and the other members of the Corporation had in securing funding for Fremont Oak Garden. He gave an overview of the program at Fremont Oak Garden.
UNFINISHED BUSINESS
Results of the Meeting Feedback Survey
Ms. Briggs stated that only five Council members responded to the survey. Response regarding the length of the meetings: Three of the members indicated that the lengthy of the meeting was fine. Two members indicated it was too short due to the ADA seminar. One of the members who felt the agenda was too short commented that there was not enough time to discuss substantive issues not on the agenda
Item two asked members to list areas you would like to have more discussion time and the responses were as follow:
• where the ADA should be headed
• recommendations, future planning/implementation of NCD’s recommendations
• future plans: issues and problems bearing high priority; analysis and focus group data and information collected in recent studies; issues related to employment of people with disabilities
• personnel administration
• project human resource allocation
• follow up on the civil rights forum including topics such as coalition building and policy positions as to issues discussed at the civil rights forum.
Ms. Briggs stated that some Council members indicated that the meeting format could be improved by: more time to discuss new issues the staff or other committees need discussion on; listing the items to be bought to a vote on the agenda so members can properly prepare and the public will know; having committee meeting reports distributed before the meeting and then using the meeting time to discuss and determine future directions and having short team meetings.
Members responding to the feedback form felt that they were given adequate opportunity to speak. In addition, members thought that the meeting room was excellent and all indicated that they liked the hotel. The hotel was rated as outstanding in terms of accessibility and location. The sleeping rooms were considered excellent. Members indicated that the location of the interpreters and CART were satisfactory. Members indicated that the meeting materials were satisfactory. It was suggested that conventional file naming should be developed to help members know which files they are pulling up-it would be nice for the files to have the same name and follow the same order as they appear in the notebook. This can be accomplished by putting numbers before the filename and creating a scheme for naming so that it makes sense to members rather than what is currently taking place. It was stated that the Braille files still need improvement, files need to be revised to take out the tabs.
Ms. Briggs continued to review the survey which covered other aspects of improvement to future Council meetings.
NEW BUSINESS
Mr. Frieden stated the Council has an invitation to meet in January in Disney World, Orlando, Florida. The meeting dates are scheduled for January 30-31, 2006 with the travel date being January 29th. Ms. Briggs stated that staff was looking at having the spring meeting in March/April in Philadelphia since the per rates would be less than DC. After much discussion, members agreed that staff should look at Baltimore as a potential site for the spring meeting since most of the members could get good airline flights into Baltimore.
Ms. Gillcrist stated that she traveled the Queen Mary 2 and viewed the vessel’s accessibility and concluded that it is very accessible. She stated that Ms. Jan Tuck from the Access Board was hired as their compliance officer covering accessibility issues of the ship. The ship can hold 160 wheelchairs and that the ship complies with every accessible need.
Ms. Gillcrist said that a companion or attendant gets a 50% bonus (deduction) and she described other amenities and accommodations that the ship offered.
ANNOUNCEMENTS
Mr. Frieden stated that this was a good meeting with great public speakers. He said that the Council has identified a number of issues that pertain to the priorities and we know what the options are in terms of setting and re-prioritizing issues.
ADJOURNMENT
The meeting adjourned at 12:00 noon. |
