Disability Rights of West Virginia Meeting of the Board of Directors Charleston Office, Charleston, WV January 17, 2017

Transcription

1 Disability Rights of West Virginia Meeting of the Board of Directors Charleston Office, Charleston, WV January 17, 2017 Members Present: Jonathan Chaffin, Ardella Cottrill, Robert Hardesty, Ted Johnson, Bob McConnell and Melissa Southall Members by Telephone: None Members Absent: Joyce Floyd (excused) Guests: Rob Henson and Aaron Palmer, Gray Griffith & Mays CPAs Staff Present: Susan Given, Stephanie Thorn, Jeremiah Underhill and Barbara Criner Mr. Hardesty called the meeting to order at 5:22 PM. Rob Henson and Aaron Palmer from Gray Griffith & Mays, CPAs were present to discuss the FY 16 audit. Mr. Henson reported this was the first audit under the Uniform Guidance. He reported there were no findings. An entry was required concerning a timing issue with a billing for the FY 15 MHAP grant. He noted that additional audit requirements would take effect with the FY 17 audit. Motion: Mr. McConnell moved that the FY 16 audited financial statements be approved as presented. Seconded by Ms. Southall. Motion carried; none opposed; no abstentions. Additions to the agenda included a follow-up on the DOL ruling and a brief executive session. Motion: Ms. Cottrill moved that the November 15, 2016 minutes be approved as presented. Seconded by Mr. McConnell. Motion carried; none opposed; no abstentions. Approved at the March 21, 2017 Board of Directors Meeting 1

2 A discussion was held concerning the DOL regulation which increased the base salary for exempt status. Ms. Given reported that 21 states had entered into a lawsuit concerning the DOL regulation which was to become effective December 1, She noted that the judge ruled that DOL did not have the authority to set the base salary for exempt status. As a result, the regulations that were to have gone into effect December 1 have been put on hold. Ms. Given noted that a discussion was held at the November Board meeting concerning the exempt status of the Program Director. Mr. Hardesty stated that he wanted to wait to see the outcome of the lawsuit concerning the DOL. Ms. Cottrill agreed that we should table this discussion until a decision has been made concerning the lawsuit. Mr. Hardesty discussed the proposed bylaw changes which include the change of the agency name to West Virginia Advocates dba Disability Rights of West Virginia; the position of Secretary to be eliminated; and wording in Article XII and all related articles be changed to reflect full Board. Motion: Ms. Cottrill moved that the bylaws be revised to reflect the proposed changes describe above. Seconded by Mr. Chaffin. Motion carried; none opposed; no abstentions. Legal Director s Report Mr. Underhill reported that two additional staff attorneys had been hired. One of the attorneys will spend approximately 90% of her time on Special Ed cases. He stated that intakes are current and that the case load has been increased. The legal department is currently working on multiple matters and hopes to begin legal work by spring. He stated that he has met with two organizations to discuss building a network across the state. He noted that matters are progressing well and he sees a bright future for the legal department. Ms. Southall asked what considerations are made during the intake review process to take a case. Mr. Underhill discussed the intake review committee process along with the agency P&Os. He noted that legal looks to see if the individual can get presentation elsewhere or if there will be self-representation. Ms. Given discussed the process of connecting with other agencies. She noted there will be new regulations forthcoming for Special Ed. Approved at the March 21, 2017 Board of Directors Meeting 2

3 Mr. Johnson asked if monetary awards are reviewed. Mr. Underhill replied that the legal department is looking into this and is currently working on some complaints. Program Director s Report Ms. Thorn discussed work at the hospitals. She reported that Sharpe Hospital currently is short four social workers. She added there is a need to develop relationships with new clinical directors and other staff. Ms. Thorn reported there has been an increase in the volume of calls this year over the same period last year. Both the number of I&Rs and assigned cases have also increased this year. Executive Committee Mr. Hardesty reported that the Committee had met immediately prior to this meeting. An executive session will be held later in this meeting. Finance Committee Mr. Hardesty reported that the Finance Committee had met and reviewed the financials. No problems were noted. He stated that the Form 990 will be reviewed and discussed at the next meeting. Ms. Given reported that we had checked on a 125 Plan for flexible benefits through PEIA. Ms. Criner had contacted our corporate counsel concerning the preparation of the 125 Plan document. Counsel will prepare an individualized document for approximately $1,000. These flexible benefits are processed by Mountaineer Flexible Benefits (MFB) through our WV PEIA health insurance account. The employee receives a tax savings when these benefits are paid through payroll deductions. There is no monthly administrative charge for the account. Ms. Given reported that the Committee had requested that staff be surveyed to determine if there was sufficient interest. She noted that 22 of 26 employees expressed an interest. She added that the 125 Plan document needs to be completed prior to enrollment in Mountaineer Flexible Benefits. Approved at the March 21, 2017 Board of Directors Meeting 3

4 Motion: Ms. Cottrill moved that management contact corporate counsel to prepare the 125 Plan document to enroll the agency in Mountaineer Flexible Benefits. Seconded by Mr. Johnson. Motion carried; none opposed; no abstentions. Membership Committee Ms. Southall requested a board application to take to Kevin Smith. Ms. Given noted that an attorney had applied for the PAIMI Council. She also sent a Board application. Ms. Given reported that she had met with Justin Harrison and a staff attorney from Bowles Rice to discuss board membership. She noted that during the discussion she discovered the firm represents the Board of Education throughout the state. This would create a conflict of interest. Public Relations Committee Mr. Chaffin asked if DRWV had a Twitter account. Ms. Given replied that one exists but is not used. Mr. Chaffin suggested that it may be beneficial for the agency to get more involved in the Twitter account. Ms. Given noted that we have a Facebook page and posts can go to Twitter. We will investigate further how to tie these services together with Instagram. Personnel Committee Nothing to report. PAIMI Advisory Council Ms. Cottrill reported that the discussion had been presented in the Executive Director s report. Quality Assurance Committee Ms. Cottrill presented the surveys and Ms. Thorn provided updates. Resource Development Committee Nothing to report. Approved at the March 21, 2017 Board of Directors Meeting 4

5 Legislative Committee Mr. Chaffin stated that he will wait until the legislature is in session before making contacts. Executive Director s Report Ms. Given referred to the report. She noted that West Virginia Advocates had not been active in the Hartley meetings of the parties but that DRWV will start to be more active. She added that staff attorney Delcie Gorum has been attending the hearings. We will bring issues to the forefront and hope to change the face of the meetings. Ms. Given reported that she had contacted Beth Morrison at DHHR to determine why we are not serving Hartley clients under our MHAP grant. She noted there had been confusion in the past as to who should be served under Hartley. Ms. Given stated that the contract clearly provides a definition. Ms. Morrison has not yet responded. Mr. Hardesty suggested that Ms. Given keep a written record in the event the matter needs to be taken to the judge at the meeting of the parties. Ms. Given reported that she had received a number of positive comments concerning the DRWV reception. Unfinished business None New Business None The meeting adjourned to executive session. No further business appearing, the meeting adjourned at 7:30 PM. Transcribed by Barbara Criner. Approved at the March 21, 2017 Board of Directors Meeting 5