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ARIZONA STATE LEGISLATURE
Forty-eighth Legislature – Second Regular Session
SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE
HUMAN SERVICES COMMITTEE OF REFERENCE
Minutes of Meeting
Cochair Linda Gray called the meeting to order at 1:40 p.m. and attendance was noted by the secretary.
Senator Victor Soltero Representative David Bradley
Senator Linda Gray, CoChair Representative Chad Campbell
Members Absent
Senator Chuck Gray Representative Andrew Tobin
Senator Leah Landrum Taylor Representative Pete Hershberger, CoChair
PRESENTATIONS:
Sunset Audit of the Governor’s Council on Developmental Disabilities:
A handout prepared by Senate Research staff was distributed (Attachment 1).
Katie Griffith, representing self, testified in support of the Governor’s Council on Developmental Disabilities (DD). She related that the Council has helped her in many ways and has given her many opportunities to better herself. Since becoming President of the Advocacy Coalition of Arizona, the Council has helped her with self-esteem. She spoke of the importance of the advocacy movement and asked Members to continue to support the Council so that other disabled individuals can realize their potential.
Patricia Jones, representing self, advised that she has a developmental disability and was told by her doctor that she would never be a leader of anyone. She said she is currently a student at Arizona State University and has served on national and statewide self-advocacy boards. She feels that the Governor’s Council should be continued. She reminded Members that the Council is federally funded and that no monies come from the State. The Council is mandated by the Developmental Disabilities Assistance and Bill of Rights Act to protect and advocate for the disabled population. She stated that this Council has stood up for the rights of individuals even when there have been obstacles and she believes the Council has been very true to its mission and mandate.
Senator Harper asked Ms. Jones whether the Council has ever encouraged her to contact Congress about funding. Ms. Jones replied that the Council has helped individuals to learn and become part of the process.
Debora Henretta, representing self, stated that she is very disappointed with the Governor’s Council. When she heard of a vacancy on the Council, she filled out an application with the hope of being appointed to the Board, but to date has not heard a word back from anyone. Her dissatisfaction with the Council relates to the closure of the Coolidge facility where her brother was receiving care. She said the closure showed her that the Council was not representing all of the DD population. She maintained that this vulnerable small population needs representation.
CoChair Gray asked whether the position has been filled on the Board.
Franc Kahn, Executive Director, Governor’s Council on Developmental Disabilities, replied that the Governor has been petitioned to appoint someone to fill two active positions on the Council but to date the Governor has not done so.
Senator Soltero wondered whether the Governor removes individuals as well as appoints them. Mr. Kahn answered that the Governor appoints members to the Council and they serve at her pleasure.
Art Gode, representing self, testified that he is the parent of a developmentally disabled son and the Vice Chair of the Council. He said the Council provided training relative to the systems which has been invaluable to him and others in the community. Because of that, his son has made tremendous progress beyond what anyone expected. He offered his support of the Council.
CoChair Gray asked whether the Council recommended that a certain person not sit on the Board. Mr. Gode replied in the affirmative. He said the position was as a parent advocate. CoChair Gray asked for a copy of the minutes of that meeting. Mr. Gode advised that he will get a copy of the minutes and noted that it was a public meeting.
Matthew Wangeman, Chairman of the Governor’s Council on Developmental Disabilities, through his interpreter Xochitl Calderon, was clearly upset at allegations made. He stated that Council members voted to remove the aforementioned Council member because he violated the code of conduct.
CoChair Gray questioned which code of conduct was violated.
Mr. Wangerman replied that the individual spoke, not representing the Council, in several public meetings against the Council. In addition, this person threatened his life last year. He said he, as well as others, are afraid to come to meetings and that is why the Council voted to recommend to the Governor the removal of this member.
Randy Gray, representing self, stated that he is a parent of a child with autism who has achieved numerous honors in school. He related that he has traveled nationally so he has gotten a keen perspective on what has been the mission of the councils; however, there is a lot of confusion in this Council. He believes this Council has stifled creativity and adversarial positions. The role and position of the Council should be to bring issues to the public. Currently, he does not know what the position is because there is no transparency. He said the Council should be continued because it is needed but said he believes it needs total overhaul, strict oversight and a one-year continuation probation.
Sherry Howard Wilhelmi, representing self, testified that she was a member of the Council. When she expressed opposing opinions about how the Council should be run, she was removed as a member. She advised that she is not alone in this; the Council has a history of removing members when they offer differing opinions. She said her concern is that not all issues are being addressed by the Council and she also stated she has concerns about the lobbying issue.
In response to CoChair Gray, Ms. Wilhelmi said she received a phone call advising her of her removal. She did not receive a letter from the Governor.
Bradley Newman, representing self, testified that he is the Executive Director of Yavapai Exceptional Industries. Even if Members vote to sunset the Council, the needs of the people and strategies will still exist.
CoChair Gray announced that sunset hearings are mandated by law. Members of this Committee must conduct a review of the Council and come up with recommendations to make improvements.
In answer to Representative Campbell, Mr. Newman stated that Yavapai Exceptional Industries is a nonprofit organization supporting adults in the community. Employment is the main focus.
Jill Ryan, representing self, said she is a member of the Governor’s Council on Developmental Disabilities and a parent advocate. She expressed concern with some of the issues facing the Council, such as not allowing family advocacy. She maintained that groups should be fully heard, e.g., the closing of the Coolidge facility. She is also concerned with the lack of direct community input at meetings because public input is valuable. Everything is funneled to the Executive Director and he in turn brings issues to the Council. She related that members are often asked to vote at the last minute on issues that are not in writing without an explanation of what they are voting on. She revealed that some of the issues involve big money. She said her greatest concern is about the vote at the last meeting to remove a member. She stated that the Governor’s job is to appoint and remove members, and this function should not be something Council members should vote on.
Karen Van Epps, representing self, stated that she has served as Chair and Vice Chair of the Council in the past. In the past the Council was open to all views; however, that is sorely missing now. She believes that the Council is disconnected. People who cannot speak for themselves are not being represented and this is an opportunity to fix that.
Lionel Delgado, representing self, advised that he is a member of the Council. The Council is part of a national network and keeps in contact with other states. His position is that the Council is doing its job. He asked Members to read the Council’s Annual Report on its struggles and achievements, give consideration to what everyone has said and continue the Council.
Pam Allen, representing self, related that she is not a member but has worked with the Council. She said her experience with Franc Kahn is that he tries to follow the letter of the law. She believes that the Council has moved forward in trying to make a better world, a more functional world, for people with developmental disabilities. The Council has taken an active role, not as lobbyists, but as advocates in asking for legislation to try to find a cost-effective way for the State to move forward with issues facing the developmentally challenged population. She said she wants the Council to continue.
Jon Hinz, representing self, stated that he is a former Executive Director of the Council and has a 30-year history with developmental disabilities. He divulged that he is the parent representative who was removed from the Council. He received no advance notice or written documentation of his violations. He also questioned the legal advice of his removal and many times has questioned what the Council has done. He said the Council has many agendas; but unfortunately, those agendas do not represent the entire DD community and those individuals are totally disenfranchised. He disclosed that he did receive a call from the Governor’s Office asking for his opinion but to date has heard nothing further, and does not know whether he is still a member of the Council. He said everyone should have their voice heard but that is not happening now. He feels there definitely should be a Council; however, he questions the role of this Council and its current leadership. He believes the Council needs major corrections if it is to continue. He recommended extending the Council for one year, looking at its leadership and mandating legal oversight.
Representative Campbell said it sounds like a structure problem. Mr. Hinz contended that the rules have changed and that there is no structure in place. In addition, there are conflicts of interest.
Persons in support of the Governor’s Council on Developmental Disabilities who did not speak:
David Carey, representing self
Joe Bonanno, Executive Director, The Arc of Arizona
Cynthia Gafford, Executive Assistant, Governor’s Council on Developmental Disabilities
Lacy Cansler, Legislative Liaison, Governor’s Council on Developmental Disabilities
Recommendtions by the Committee of Reference:
Representative Barto made the following draft recommendations:
Representative Barto moved that the Committee of Reference recommend that the Legislature extend the Council’s operations for one year with the draft recommendations listed above.
Senator Soltero suggested that the Attorney General’s Office assign a legal person to monitor the Council’s procedures, rules and regulations so that things are done legally. Representative Campbell agreed. Senator Harper disagreed with assigning more staff from the AG’s Office. He believes the Council should sunset in 2009 and be reestablished in the next fiscal year.
CoChair Gray restated that the motion today is for a one-year continuance of the Council with the recommendations made by Representative Barto and Senator Soltero. She reiterated that the recommendation has to go before the full Legislature.
Representative Barto said she does not support Senator Harper’s recommendation. She stated that the Council has done a lot of good work and that their accomplishments should be recognized.
Representative Bradley pointed out that some of the testimony given today was hearsay and he would like the Director to comment.
Senator Soltero commented that this has a long way to go and there is ample time for rebuttal of allegations.
Question was called on Representative Barto’s motion. The motion carried by voice vote.
Presentation on the performance audit of the CPS Complaint Management Process
by the Office of the Auditor General:
Dan Hunt, Senior Auditor, Auditor General’s Office (AG), reviewed a slide presentation on the AG’s performance audit of the CPS Complaint Management Process (Attachment 2). Mr. Hunt read from prepared text explaining each slide (Attachment 3).
Senator Harper queried whether
sunset audits are required by the Constitution or by statute.
Mr. Hunt said he was not sure.
Melanie Chesney, Director of the Performance Audit Division, Auditor General’s Office, stated that sunset reviews are statutorily required.
In response to Senator Harper, Ms. Chesney affirmed that sunset audits are sometimes requested by the Joint Legislative Audit Committee
CoChair Gray asked where the complaint forms can be found on-line. Mr. Hunt advised that they are on the Department’s general website. He said he will get that information.
Response by the Department of Economic Security:
Gary Arnold, Department of Economic Security, Division of Children, Youth and Families (CYF), responded to the complaint management performance audit. He said the Department has agreed to implement all of the recommendations made in the audit. He updated Members on what CYF has done to implement the recommendations:
Public Testimony:
Representative Rick Murphy, representing self, advised that he and his wife have been foster parents for about three and a half years. They currently have four foster children in their home plus two adopted children. He said he is completely in favor of a tracking system for complaints because he does not believe complaints are being well handled at this time. He related that he has had major concerns on policy, infringements, etc., and said he could not come to an agreement when he spoke to the case worker or the supervisor. He said he was completely dissatisfied with their plans which he felt were detrimental to the children. He was never referred to a formal grievance process or given any notice or documentation. CPS policy regarding resolving conflicts refers to a conflict resolution conference. He was made aware of this process just last week and he wondered how the average foster parent would know about this unless told by the caseworker. In his opinion, there are many problems that are not being addressed. He maintained that CPS is not informing foster parents what their rights are and what processes might be in place to resolve concerns. In addition, he said he does not think the periodic reviews should be limited to internal review by CPS staff. He said he does not feel there is adequate accountability and thinks individuals outside of the agency should be privy to these reviews.
Mr. Arnold concurred with Representative Murphy that parents should be more fully informed by staff.
Without objection, the meeting adjourned at 3:45 p.m.
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Joanne Bell, Committee Secretary
July 6, 2016
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE
HUMAN SERVICES COMMITTEE OF REFERENCE
2
December 15, 2008
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