Designing Your Organization to Support Your IL Mission A National Conference Participant's Manual July 15-17, 2002 Milwaukee, WI Contributors to the training materials: Maria Dibble Shari Coatney Darrell Lynn Jones Raweewan Buppapong Kristy Langbehn Carri George Richard Petty Dawn Heinsohn 2002 IL NET, an ILRU/NCIL Training and Technical Assistance Project ILRU Program NCIL 2323 S. Shepherd 1916 Wilson Boulevard Suite 1000 Suite 209 Houston, Texas 77019 Arlington, Virginia 22201 713-520-0232 (V) 703-525-3406 (V) 713-520-5136 (TTY) 703-525-4153 (TTY) 713-520-5785 (FAX) 703-525-3409 (FAX) ilru@ilru.org 1-877-525-3400 (V/TTY - toll free) http://www.ilru.org ncil@ncil.org http://www.ncil.org Permission is granted for duplication of any portion of this manual, providing that the following credit is given to the project: Developed as part of the IL NET: an ILRU/NCIL National Training and Technical Assistance Project. IL NET is funded through a special provisions cooperative agreement with the U.S. Department of Education, Rehabilitation Services Administration, Agreement No. H132B99002. Table of Contents Agenda About the Trainers List of Trainers and IL NET Staff About ILRU About NCIL About IL NET Learning Objectives Southeast Kansas Independent Living Resource Center Services Manual Board of Directors Policy and Procedures of Southeast Kansas Independent Living Resource Center Employee and Agency Policies and Procedures Manual Organization Analysis: Where is Your CIL Going? And Is It Getting There? Southern Tier Independence Center Five Year Advocacy Plan AccessAbility Newsletter DESIGNING YOUR ORGANIZATION TO SUPPORT YOUR IL MISSION July 15-17, 2002 Milwaukee, WI AGENDA MONDAY, JULY 15 8:30 a.m. Continental Breakfast 9:00 10:00 a.m. Personal Perspectives on Implementing Values & Philosophy 10:00-11:15 a.m. Group Exercise What Is a CIL? Define the following eight elements and describe how they operate within a Center for Independent Living [15 minute break at 10:45] 1. Consumer controlled 2. Both market driven and philosophy driven 3. Community based 4. Non-residential 5. Cross-disability 6. Combines service delivery & systems advocacy 7. Views disability issues in terms of "civil rights" rather than "special services." 8. Resists evaluation systems that are paternalistic or product-driven (e.g. not based on how many people got placed somewhere but how many personal goals the consumer met). 11:00-12:00 Group Reports & Discussion 12:00-1:30 Lunch on Your Own 1:30 2:30 Building a Board and a Staff with an Effective Philosophical Foundation 2:30 3:00 Designing Your Documents to Support Your Values and Mission - personnel policy - by laws - job descriptions - procedure manual - long range plans (developed with consumer involvement) 3:00 3:15 Break 3:15 4:15 Designing Your Documents continued 4:15 4:45 Discussion and Q &A 4:45 5:00 Summary of the Day and Overview of Tomorrow [Be thinking about how you want to portray your organization to your community] 5:00 Adjourn for the Day TUESDAY, JULY 16 8:30 a.m. Continental Breakfast 9:00 10:00 Group Exercise - What are the Various Considerations You Need to Take Into Account When Planning Your Approach to Your Marketing Populations? - funders - media - business people - policy makers - general public 10:00-10:45 Group Reports and Discussion 10:45-11:00 Break 11:00-12:15 Strategies for Maintaining Your Philosophy When Working With Different Community Populations 12:15 1:45 Lunch on Your Own 1:45 3:00 Building Programs & Services That Reflect Your Philosophy - structuring advocacy into everything you do (and reducing tension between services vs. advocacy) - planning based on consumers' needs - taking on "traditional case management" such as home and community based waiver programs, but doing it in an advocacy oriented manner - data collection during individual advocacy to capture data which reveals systemic advocacy problems - true cross disability definition and implementation - cognitive disabilities issue - definitions of independence, consumer choice, etc.; what they are and are NOT 3:00 3:15 Break 3:15 4:45 Skits an Examination of Best Practices in Service Delivery 4:45 5:00 Wrap-up and overview of next day WEDNESDAY, JULY 17 8:30 Continental Breakfast 9:00 10:30 Getting Started - Building Community 10:30-10:45 Break 10:45-12:00 Getting Started continued - Setting Priorities 12:00 Training Ends About the Trainers Shari Coatney has been the CEO of Southeast Kansas Independent Living Resource Center in Parsons, Kansas for eight years. She oversees a regular staff of 65, a PCA program of 950 workers, seven offices and a $9.5 million budget. She is also a board member of the Kansas Association of Centers for Independent Living and the Kansas Commission for Disability Concerns. Maria Dibble is a graduate of Binghamton University with a B.A. in sociology and is one of the founders of Southern Tier Independence Center in Binghamton, New York. She has been its Executive Director for nearly 19 years and developed it from an initial funding level of $100,000 to its nearly $2.5 million currently. She oversees a regular staff of 35 people and a part- time staff of up to 150 people. Maria is also chair of the New York Statewide Independent Living Council. Trainers Shari Coatney CEO Southeast Kansas Independent Living, Inc. P. O. Box 1035 Parsons, Kansas 67357 620-421-5502 (voice) 620-421-0983 (TTY) 620-421-3705 (fax) Shari Coatney scoatney@skilresourcectr.org Maria Dibble Executive Director Southern Tier Independence Center, Inc. 24 Prospect Avenue, Fifth Floor Binghamton, New York 13901 607-724-2111 (voice & TTY) 607-722-5646 (fax) mdibble@stic-cil.org IL NET STAFF ILRU Lex Frieden Laurie Gerken Redd Executive Director Administrative Coordinator lfrieden@ilru.org lredd@ilru.org Richard Petty Carri George Program Director Publications Coordinator richard.petty@bcm.tmc.edu cgeorge@ilru.org Laurel Richards Dawn Heinsohn Training Director Materials Production Specialist lrichards@ilru.org heinsohn@ilru.org ILRU Program 2323 S. Shepherd Suite 1000 Houston, TX 77019 713-520-0232 (V) 713-520-5136 (TTY) 713-520-5785 (FAX) ilru@ilru.org http://www.ilru.org NCIL Anne-Marie Hughey Executive Director hughey@ncil.org NCIL 1916 Wilson Boulevard Suite 209 Arlington, VA 22201 703-525-3406 (V) 703-525-4153 (TTY) 703-525-3409 (FAX) 1-877-525-3400 (V/TTY - toll free) ncil@ncil.org http://www.ncil.org Kristy Langbehn Project Logistics Coordinator kristy@ncil.org Darrell Lynn Jones Training Specialist darrell@ncil.org Raweewan Buppapong Project Assistant toony@ncil.org ABOUT ILRU The Independent Living Research Utilization (ILRU) Program was established in 1977 to serve as a national center for information, training, research, and technical assistance for independent living. In the mid-1980's, it began conducting management training programs for executive directors and middle managers of independent living centers in the U.S. ILRU has developed an extensive set of resource materials on various aspects of independent living, including a comprehensive directory of programs providing independent living services in the U.S. and Canada. ILRU is a program of TIRR, a nationally recognized, free- standing rehabilitation facility for persons with physical disabilities. TIRR is part of TIRR Systems, a not-for-profit corporation dedicated to providing a continuum of services to individuals with disabilities. Since 1959, TIRR has provided patient care, education, and research to promote the integration of people with physical and cognitive disabilities into all aspects of community living. ABOUT NCIL Founded in 1982, the National Council on Independent Living is a membership organization representing independent living centers and individuals with disabilities. NCIL has been instrumental in efforts to standardize requirements for consumer control in management and delivery of services provided through federally-funded independent living centers. Until 1992, NCIL's efforts to foster consumer control and direction in independent living services through changes in federal legislation and regulations were coordinated through an extensive network and involvement of volunteers from independent living centers and other organizations around the country. Since 1992, NCIL has had a national office in Arlington, Virginia, just minutes by subway or car from the major centers of government in Washington, D.C. While NCIL continues to rely on the commitment and dedication of volunteers from around the country, the establishment of a national office with staff and other resources has strengthened its capacity to serve as the voice for independent living in matters of critical importance in eliminating discrimination and unequal treatment based on disability. Today, NCIL is a strong voice for independent living in our nation's capital. With your participation, NCIL can deliver the message of independent living to even more people who are charged with the important responsibility of making laws and creating programs designed to assure equal rights for all. ABOUT THE IL NET This training program is sponsored by the IL NET, a collaborative project of the Independent Living Research Utilization (ILRU) of Houston and the National Council on Independent Living (NCIL). The IL NET is a national training and technical assistance project working to strengthen the independent living movement by supporting Centers for Independent Living (CILs) and Statewide Independent Living Councils (SILCs). IL NET activities include workshops, national teleconferences, technical assistance, on-line information, training materials, fact sheets, and other resource materials on operating, managing, and evaluating centers and SILCs. The mission of the IL NET is to assist in building strong and effective CILs and SILCs which are led and staffed by people who practice the independent living philosophy. The IL NET operates with these objectives: Assist CILs and SILCs in managing effective organizations by providing a continuum of information, training, and technical assistance. Assist CILs and SILCs to become strong community advocates/change agents by providing a continuum of information, training, and technical assistance. Assist CILs and SILCs to develop strong, consumer- responsive services by providing a continuum of information, training, and technical assistance. Designing Your Organization to Support Your IL Mission LEARNING OBJECTIVES Participants will be able to: 1. Build and maintain a board of directors and staff that understand and practice the independent living philosophy. 2. Design their organizational documents to provide the philosophical framework that will guide activities. 3. Market their organization in a way that makes clear and preserves the integrity of the IL mission. 4. Devise and deliver programs and services that are genuinely consumer-directed, empowering and inclusive. SOUTHEAST KANSAS INDEPENDENT LIVING RESOURCE CENTER SERVICES MANUAL TABLE OF CONTENTS Agency Overview 3. Mission Statement 3. Independent Living Movement 4. Service Area and Outreach Office 4. Funding 4. Consumer Eligibility 4. Getting Started 4. Services 5. Five Core Services 5. Individual Advocacy 5. Systems Advocacy 5. Information and Referral 6. Peer Counseling 6. Independent Living Skills Training 6. Deinstitutionalization 6. Other Services Offered 7. Housing 7. Communication Services 7. Vocational Services 7.,8. Children, Youth, and Family Services 8.,9. Individuals with Disabilities Education Act (IDEA) 9. Americans with Disabilities Act (ADA) 10. Title I - ADA and Employment 10.,11. Employer Requirements and Tax Incentatives 11. Title II - State and Local Government 11.,12. Title III Public Accomodations and Commercial Facilities 12. Home and Community Based Services 13. Self Directed Care 13. Physically Disabled Waiver 14. Frail and Elderly Waiver 14. Head Injury Waiver 15. Mentally Retarded / Developmentally Disabled Waiver 15.,16. Technology-Assisted Children Waiver 16. Private Pay 16. Self Directed Waiver Personal Services 16.,17. Assistive Technology 17.,18. Physical Restoration 18. Social and Recreational Services 18. Technical Assistance 18. Transportation Services 19. Mobility Training 19. Preventive Services 20. Independent Living Assessment 20. Abuse, Neglect, and Exploitation 20. Consumer Grievance Procedure 21.,22. Agency Overview Southeast Kansas Independent Living Resource Center, Inc. is a non-profit agency established in November of 1992. SKIL was formed by a group of concerned individuals who identified a lack of resources for individuals with disabilities, their families, and the communities. This group sought funding from the State of Kansas to become an Independent Living Center as identified in Title VII of the Rehabilitation Act as amended in 1978, 1986 and 1992. The State awarded the Grant and the first Consumer- organized and Consumer-controlled advocacy organization, for all types of disabilities in Southeast Kansas, was established in Parsons. The founders became the first members of the Board of Directors and from there the mission of the Center was devised. Mission Statement Empower, Integrate, and Maximize Independence for all persons with disabilities. S.K.I.L. was created by; is driven by; and is focused on persons with disabilities, their families and communities. We provide Advocacy, Education, and Support with Customer Controlled services to break down and remove existing barriers and bridge social gaps to ensure and preserve Equality and Independence for all. Independent Living Movement SKIL joined other Independent Living Centers across the State to actively pursue the Independent Living Philosophy of Consumer Control and Consumer Choice, and began the journey to remove barriers to integration within the communities; to assist individuals to lead independent and self-determined lives; and to pursue their civil rights. As the Independent Living Movement has progressed, the Agency has experienced significant growth. Service Area and Outreach Offices SKIL has a defined service area of Labette, Neosho, Cherokee, Crawford, Montgomery, Chautuaqua, Wilson and Woodson counties. However, SKIL will provide services throughout the State of Kansas when the need is present. Outreach offices currently exist in Montgomery, Neosho, Cherokee Crawford, Wilson, and Woodson counties with the main office remaining in Labette county. Funding The Center relies on private donations, grants, State funded services and the support of the community to fund many of the services provided to individuals free of charge. Consumer Eligibility Southeast Kansas Independent Living will serve any individual with a disability and/or family member of a person with a disability who resides in the State of Kansas without regard to race, religion, color, national origin, ancestry, sex age, or type of disability. SKIL provides services to communities within the Southeast Kansas region. Getting Started When accessing SKIL services, you will be assigned an Independent Living Coordinator who will sit down and talk to you about your goals, desired outcomes, and what resources are available to you. At this time you will be offered the option to develop an Independent Living Plan or to waive this plan. The Independent Living Plan gives direction and guidance for services being rendered and also provides a mechanism to measure the progress and effectiveness of services. It is a working tool. After the plan is developed or waived, it is up to you and your Coordinator to work together to achieve your desired outcome. The Coordinator will provide services through your direction and choice. However, the Coordinator will not be able to provide services that are in violation of the Independent Living Philosophy, or any government, service provider or SKIL policy. Services Five Core Services SKIL provides five core services as required by the State of Kansas. The Core Services are identified as: Individual and Systems Advocacy Information and Referral Peer Counseling Independent Living Skills Training Deinstitutionalization Although these services have a definition, SKIL provides these services and all services with Consumer Control, therefore, each service is tailored to meet the individual needs of the Consumer accessing services. The identified definitions are as follows: Individual Advocacy is assistance with individual human rights issues and is done to support changes for that individual. Systems Advocacy is assistance with individual human rights issues and is for all persons with disabilities. This can be done at the local, state, and national level. Information and Referral is providing information on specific disability related topics and referral to the appropriate entity. This service is done for casual consumers as well as consumers with active consumer service records and Independent Living Plans. Peer Counseling is provided by a person with similar disabilities who supports, mentors, and acts as a role model for another individual with a disability. In addition to focusing on disability-related issues, peer counseling can help the consumer with coping skills and self esteem issues. Independent Living Skills Training is provided to persons who need training on basic life skills such as comparison-shopping, budgeting, cooking, transportation skills, and social skills. These individuals receive instruction on an individual basis or in a group setting, to develop specific skills necessary to achieve independent living goals. IL Skills Training includes various skills necessary to live a more independent and self-sufficient life within the home and community of the individuals choice. Deinstitutionalization is a term used by the Independent Living Movement to address independent living services for individuals who are institutionalized. The premise of this service is to ensure that individuals needing long term services and support, have the option to choose those services in the home and community, or nursing homes or other institutions. Information is provided about the full array of options available. Referrals are made to assist the individual in obtaining services necessary to live as independently as possible within the community. Counseling is also provided to address issues such as securing assets and belongings exhausted by and through institutionalization. Follow-up is provided for those who want further information and assistance. Other Services offered: Housing SKIL assists in locating available housing for individuals that will meet their financial, vocational, and accessibility needs. Again, this service is provided in accordance with the individual's personal preferences and through the individual's direction. SKIL also advocates with property owners, assists with budgeting for household needs, and advocates for more affordable and accessible housing. To ensure housing is appropriate for individuals with disabilities, services may include assisting in appropriate accommodations and modifications of any space. Funding for this service is based upon community and State programs and resources. Funding is allocated according to program guidelines and eligibility determination of the program. For example: funds can be obtained through home and community based programs. Communication Services Communication is an important aspect in every person's life, but for those individuals who cannot communicate without Assistive devices, these services are essential and provide the individual with the equipment necessary to understand and communicate with other individuals. Services available are as follows: 1. Interpreter and other services for the deaf. 2. Reader and other services for the blind. 3. Telecommunications--sensory and other technological aids and devices. SKIL's Assistive Technology Specialists can assist in locating communicating services needed or in providing information about potential funding sources to purchase equipment required for consumers to communicate with others. Vocational Services SKIL offers a variety of vocational services to assist individuals with disabilities in identifying their individual employment goals, gaining skills needed to meet goal, preparing and locating gainful employment. Services include: 1. Information and Referral to existing service providers. 2. Assessment 3. Job Preparation training 4. Resume Development 5. Employment Search 6. Interview Preparation 7. Resource and Services Coordination (public transportation, child care, etc.) 8. Job Coaching (if available) 9. Job Site Evaluation 10. Information and Assistance with Assistive Technology Devices and Accessiblity Modifications 11. Employer information on Work Incentives and Tax Incentives. SKIL also works collaboratively with Vocational Rehabilitation services to serve individuals who have an Individualized Written Rehabilitation Plan through VR and request services from SKIL in conjunction with VR. Childern-Youth-Family Services Childern, youth, and families are eligible to receive services through SKIL. Training for children and youth is provided to develop skills specifically designed to promote self-awareness and self-esteem, develop advocacy and personal power skills, and to explore career options. Services available are as follows: 1. Five Core Services 2. Assessment of needs. 3. Assistive Technology for home, school, and adult life to increase independence. 4. Technical Assistance and Advocacy for the Individualized Education Plan (IEP) which is offered through the school system in order to document the child's needs and the special services that can assist in meeting those needs. 5. Transition Plans for youth ages 16-18 years of age designed to assist them in preparing for the transition from School to College and/or Adult life. 6. Providing children and youth education to help them understand their rights and the freedom to retain personal dignity. Family Services Family Services are available to family members of an individual with significant disabilities for improving the individual's ability to live and function more independently or to improve his/her ability to find and or continue in employment. Parents/Responsible parties are offered peer counseling, support, and the opportunity to make contact with families in similar situations for additional support; diverse perspectives on coping; and approaches to barriers to integration and independence. The Independent Living Coordinator can assist in making referrals and gathering information concerning the individual's disability and the availability of resources for that disability. In addition, SKIL and the Assistive Technology Project have an equipment loan system available to families and individuals to try out equipment before purchasing. Individuals with Disabilities Education Act (IDEA) The Individuals with Disabilities Education Act (IDEA), as amended and signed into law May 14, 1997, by President Clinton, is designed to strengthen and improve academic achievements for children with disabilities and entitles these children to a "free appropriate public education." IDEA has become an important factor for teachers, families and children with disabilities. When a child with disability turns 14, the IEP team, including the teachers and parents, identify how the current schoolwork will help the child reach his/her goals upon graduation. Then at age 16, the IEP must include a statement of the specific transition that will be needed to enable the child to progress in education and employment after they finish High School. IDEA also provides transitional programs for infants, toddler, and preschoolers with disabilities. IDEA states that infants and toddlers should receive services in the home, thus improving the coordination and transition for children from infant and toddler programs to preschool programs. Americans with Disabilities Act (ADA) The Americans with Disabilities Act was signed into law by President Bush on July 26, 1990. This law was the world's first comprehensive civil rights law for individuals with disabilities that provides legal protection to ensure equal opportunity and access to the mainstream of American Life. (Preamble to the ADA Handbook) There are three sections of the ADA: Title I Employment, Title II State and Local Government Services, Title III Public Accommodations and Commercial Facilities. Title I ADA and Employment The ADA makes it unlawful to discriminate in all employment practices such as: recruitment, hiring, promotion, training, lay-off, firing, job assignments, leave, employment benefits, and all other related employment activities. The ADA also makes it unlawful for an employer to discriminate against an applicant or employee, disabled or not, because of the individual's family, business, social, or other relationship with an individual with a disability--for example, an assumption formed by the employer that the employee's relationship to an individual with a disability would affect their job performance, and form actions caused by bias or misinformation concerning disabilities. The ADA is enforced by various federal agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), and by state and local rights enforcement agencies that work with these agencies. Employment Protection by the ADA covers the following individuals: 1. Individuals that have a "physical or mental impairment that substantially limits a major life activity." A substantial impairment is defined as one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. 2. Individuals with a record of disability. For example: a person who has recovered from cancer or mental illness. 3. Individuals who are regarded as having a substantially limiting impairment, even though they may not have such impairment. For example, an individual who has a severe facial disfigurement and is refused a job, although a qualified applicant, due to the fear or "Negative reactions" of the customers or co-workers, that individual is regarded as having a limiting impairment. Under the ADA law, a qualified individual with a disability is an individual who meets the skills, experience, education, and other requirements of the employment position in which he/she is applying. The individual must be able to perform the essential functions of the position with or without reasonable accommodation. Reasonable accommodation is a modification or adjustment to the job or environment that will enable the applicant with a disability to participate in the application process and to perform the essential job functions of that certain job. This also helps to assure that a qualified individual with a disability has rights and privileges in employment that are equal to those of employees without disabilities. The employer can select the most qualified applicant, which is not necessarily the applicant that has a disability. Employer Requirements and Tax Incentives Businesses are responsible for adjusting a work environment that permits a qualified applicant or employee with a disability to: · Participate in the job application process. · Perform the essential functions of a job. · Enjoy benefits and privileges of employment equal to employees without a disability. Businesses are allowed to receive a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers. A tax credit is also permitted for certain costs of compliance with the ADA. Eligible access expenditures include the necessary and reasonable costs of removing architectural, physical, communication, and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying equipment or devices. Title II State and Local Government Services The ADA law requires any State or local government and any of its agencies and departments to make accessible all activities, programs and services including activities of courts and State legislators, town meetings, police and fire departments, motor vehicle licensing, and employment. (ADA Handbook). SKIL provides technical assistance to the SEK City and Governmental Agencies to alleviate barriers and build comprehensive transition plans. SKIL also provides advocacy to residents of the communities that have a grievance in respect to the ADA. Assistance is provided with filing formal complaints with the Dept. of Justice, the State Attorney General, and accessing the Mediation Program. According to the ADA Handbook, "Private parties my bring lawsuits to enforce their rights under Title II of the ADA." "A reasonable attorney's fee may be awarded to the prevailing party." Appendix N. Title III Public Accommodations and Commercial Facilities The ADA law requires public businesses such as restaurants, hotels, theaters, doctor offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers, to provide accommodations for individuals with disabilities. SKIL advocates for individuals with disabilities in regard to public accommodations. SKIL stays updated on legislation and new laws that are currently being passed and that will affect individuals with disabilities in Southeast Kansas. SKIL provides ADA surveys to businesses in order to inform them of areas in which public accommodations are not being met. SKIL also meets with these businesses to let them know how to improve and make modifications that will meet ADA requirements. SKIL works cooperatively with the Dept. of Justice, the State Attorney General Office, and Kansas Advocacy and Protective Services to ensure the civil rights of individuals are not violated. A Mediation program has been established on a nationwide basis to assist in resolving ADA disputes. There is no charge for this service. Contact the SKIL office for further information. Home and Community Based Services (HCBS) Home and Community Based Services is used statewide as a model of care that allows individuals with disabilities the freedom to choose and receive assistance in a variety of areas in their lives. HCBS can be self-directed care, in which the individual may choose and manage services that are needed in his/her life, or non-directed care in which services are provided through Agency direction. HCBS is goal-oriented and is used by Southeast Kansas Independent Living (SKIL) Resource Center to counsel and teach individuals to manage their disabilities and to live independently. Self-Directed Care is the right to choose and control one's own person of choice to assist in the home (attendant services) and is offered through Medicaid Waivers to HCBS eligible individuals in the state of Kansas. These waivers are agreements between State and Federal governments, which allow the state to implement new programs that expand the boundaries of regular Medicaid. Attendant services enable an individual in need of in- home care to live in the individual's home and community, rather than an institution or nursing home and to enable that individual to carry out functions of daily living, self-care, and mobility. Advantages of self-directed care include, but are not limited to: selecting, training managing, paying, and dismissing of an attendant, allowing the individual to retain dignity and independence in decision-making. HCBS allows the individual needing and receiving services to choose whom to live with family, a roommate, or on his/her own. This service is provided by an agreement between the consumer/employer and S.K.I.L., the payroll agent. Assistance with this Service is provided upon request of the individual and only to the extent requested. Medicaid waivers are not intended to offer long-term care services, but to assist in transition into the community. Medicaid Waivers include the following: The Physical Disabled Waiver (HCBS/PD) assists individuals who are 16-64 years old with a physical disability and who need personal assistance with daily activities of living. Individuals are counseled and taught how to manage their disabilities and live independently. Services Available: 1. Personal Services 2. Assistive Services 3. Independent Living Counseling SKIL is the point of access for individuals needing PD Waiver services. SKIL provides individuals with a Uniform Assessment, which determines the eligibility for services. The Consumer is presented options and choices on existing service providers and services are coordinated in accordance with the Consumer's preferences. The Plan of Care is developed in accordance with the Attendant Care Worksheet and with the Independent Living Counselor of the Consumer's choice. The Frail and Elderly Waiver (HCBS/FE) assists individuals that are 65 or older and who are in frail health by providing long- term care services in the least restrictive environment and by allowing the individual to remain in the setting of his/her choice. Services Available 1. Adult Day Care 2. Health Care Attendant 3. Personal Emergency Response 4. Respite Care 5. Sleep Cycle Support 6. Medical and On-Medical Attendant Care 7. Night Support 8. Medical Alert 9. Durable Medical Equipment 10. Drug and Alcohol Therapy Access to these services is through the Area Agency on Aging (AAA). The AAA is responsible for determining eligibility for services and presents the Consumer with choice of service provider or service providers available within the area. However, the Case Management for these services will always be provided by AAA. The AAA Case Manager will work with the Consumer in developing a Plan of Care and will coordinate service delivery. SKIL provides referrals to the AAA to determine eligibility. SKIL will then provide services as requested by the Consumer and coordinated through the AAA Case Manager. The Head Injury Waiver (HCBS/HI) assists individuals who have experienced brain damage resulting in impairment of mental and physical functioning which led to a disability. Recipients must be 18-55 years only. Eligibility is based upon whether the individual would require institutionalization in the head injury rehabilitation facility without the services provided under this program. Services Available: 1. Physical, Occupational, and Speech Therapy 2. Case Management 3. Transitional Living Skills 4. Cognitive and Behavior Therapy 5. Home Modification 6. Medical and Non-Medical Attendant Care 7. Night Support 8. Medical Alert 9. Durable Medical Equipment 10. Drug and Alcohol Therapy The Mentally Retarded/Developmentally Disable Waiver (HCBS/MR/DD) Assists individuals over the age of 5 who are diagnosed as being mentally retarded or developmentally disabled and require a significant level of care. Services Available: 1. Case Management 2. Supported Home Care 3. Training in Specific Work Skills 4. Wellness Monitoring 5. Medical Alert 6. Residential Rehabilitation 7. Supported Family Living 8. Rehabilitation 9. Respite Care 10. Home Modifications 11. Van Lifts 12. Night Support Access to these services is done through the Community Developmental Disability Organizations (CDDO). The CDDO is responsible for determining eligibility for services and presents the Consumer with choice of service providers available within the area. After the Consumer chooses a service provider or service providers, the process begins to develop a Person Centered Plan and a Plan of Care. This will determine how much support the individual needs and who will provide it. SKIL provides referrals to the CDDO to determine eligibility. SKIL will then provide services as requested by the Consumer and coordinated by the Case Manager. SKIL is a provider of Case Management Services through the MR/DD Waiver and may be chosen as the provider by the Consumer. The Technology-Assisted Children Waiver (TA) assists children only between the ages of birth and 18 years old and who depend upon a respirator, require total parental care for nutrition or a similar condition to sustain life, and who without these devices are at a high risk of being placed in an institution or in a nursing home. Services Available: 1. Medical Assistance Devices 2. Case Management 3. Expanded Medical Equipment Private Pay Private Pay Services are also available to individuals who do not quality for a Medicaid Waiver but need assistance in activities of daily living due to a disability. An Agreement is entered into by the individual seeking services and the Center. The individual must also enter into an Agreement with the individual they hire to provide services. Services are billed and an invoice is sent to the individual explaining the charges. Private Pay services may also be used on a temporary basis. Self-Directed Waivered/Personal Services As a recipient of Home and Community Based Services you have the option to select, train, manage, pay, and dismiss your Personal Care Attendants through self-directed care. An agreement is entered into between SKIL, the payroll agent, and the Consumer, who is the employer, to provide payroll services to the Consumer's employees. SKIL also provides billing services to the State Fiscal Agent on behalf of the Consumer/Employer to secure the Consumer's funding to provide wage reimbursement, appropriate FICA, Workers' Compensation, State Unemployment, Benefits, and administrative costs incurred on the Consumer's behalf and in accordance with the Plan of Care. Assistive Technology The Assistive Technology for Kansas Project makes a difference in the lives of individuals of any age and with any disability in adjusting to the environment in which they live and work. "Assistive Technology can make things easier for people without disabilities, but for those individuals with disabilities, Assistive Technology makes things possible." Assistive Technology can take on many different forms and includes anything that improves daily living and working capabilities of individuals with disabilities. The goal of Assistive Technology is to make an individual as independent as possible. The Assistive Technology for Kansas Project was initiated in the State of Kansas in 1993--the-43rd State to offer this program-- and will be federally funded for ten years. There are five Regional Assistive Technology Access Sites in the State of Kansas. Southeast Kansas Independent Living (S.K.I.L.) Resource Center was awarded the site for Southeast Kansas. The Assistive Technology Specialists assist in providing options for funding information and referral, advocacy, and working with school-aged students in need of services. Services that are available are as follows: 1. Information about systems and devices available. 2. Information about potential funding sources for Assistive Technology. 3. Advocacy services for accessing Assistive Technology 4. Referral to agencies providing technology services, therapy, and training. 5. Training and public awareness presentations on Assistive Technology, and funding. 6. Access to the Interagency Equipment Loan System and other loan centers where you can borrow a device to try before you buy. The Individuals with Disabilities Education Act requires that states provide a free, appropriate public education, including related services, for all children with disabilities between the ages of 3-21. This law recognizes the fact that children with disabilities might need Assistive Technology devices and services to help them receive an education equal to that of other children. Physical Restoration Physical Restoration services are rendered through maintenance of available resources for medical services, health maintenance, visual services, and prosthetic and assistive devices. Technical assistance is also provided to access services needed. Social and Recreational Services SKIL provides assistance in accessing community activities and recreational and social events by providing information on upcoming events as well as providing technical assistance with transportation issues. Technical Assistance SKIL provides a variety of technical assistance services to persons with disabilities, their families, and the community. This service is rendered through an "on hands" approach and is done at the request and to the extent the individual requests. SKIL utilizes their expertise on diverse disabilities to assist individuals in removing barriers, creating social and physical options, and improve independent living opportunities. Examples may include: accessibility surveys, information provided to businesses or employers on Americans with Disabilities Act, speaking engagements on disability awareness, etc. Transportation Services The objective of transportation services is to assist individuals with services that would increase mobility and access to the community. Transportation services are provided primarily through arranging for provisions to be made through public transportation, natural supports, waiver services if applicable, and volunteers. However, provisions for transportation may be made for essential requests when no other alternative is available. Mobility Training SKIL provides mobility training to persons with physical, sensory and cognitive disabilities. This may involve training on assistive devices that aid in accessing the community and assist the person in getting around in their homes. Technical assistance may also be provided in accessing services to provide a more specialized training when necessary. Preventive Services Preventive Services are provided by assisting individuals in accessing services needed in order to prevent an increase in severity of existing disability and/or preventing additional disabilities. Independent Living Assessment Assessments are provided to persons who are exploring service options to aid in determining services options that will most benefit the person's needs and preferences. Assessments are also provided when individuals are leaving institutional settings and are entering the community. Abuse Neglect and Exploitation If you have questions about abuse, neglect and exploitation please contact your Independent Living Coordinator or Independent Living Counselor. If you feel that you have been abused, neglected, or exploited, contact the ABUSE, NEGLECT, EXPLOITATION Hot Line at: 1-800-922-5330 Consumer Grievance Procedure Should a problem arise between the Consumer and SKIL regarding Independent Living Services and/or Home and Community Based Waiver Services, the following information / procedure will offer assistance in working out a possible solution, however, the Consumer has the right to contact the Client Assistance Program or the Kansas Department of Social and Rehabilitation Services during any part of the grievance process. 1. A Consumer, who has a grievance resulting from some action of SKIL Resource Center or any SKIL employee, may file a written grievance specifically detailing his/her complaint. This shall be submitted to the Chief Executive Officer no later than thirty (30) calendar days after the occurrence. 2. The CEO shall complete an investigation within ten (10) working days of receiving the grievance and shall report the resulting corrective action plan to the Consumer and other parties involved. 3. If the grievance continues after the implementation of the corrective action plan and/or at the dissatisfaction of the Consumer, the Consumer shall advise the CEO and the Board of Directors in writing of his/her intent to pursue the grievance. 4. Within forty (40) calendar days of the notice to pursue the grievance, the Executive Committee of the Board of Directors shall meet and permit the Consumer to explain the grievance and present supporting evidence relevant to the issuer. 5. If the grievance pertains to the conduct of any employee or volunteer of SKIL, that person shall be encouraged to be present to explain his/her actions and to present any supporting evidence relevant to the issues. 6. The Executive Committee will have ten (10) working days to report their findings and to provide the parties with a corrective action plan. 7. The Executive Committee will review the progress and resolution of the matter within thirty (30) calendar days of the corrective action plan. 8. If the concerns are not resolved to the satisfaction of the Consumer, in regards to HCBS Waiver Services, he/she has the option to submit a request for an appeal in writing to: Kansas Department of Social and Rehabilitation Services Administrative Hearings Officer 610 West 10th, 2nd Floor Topeka, KS 6612 For Independent Living Services the Consumer may contact the Client Assistance Program by calling (800) 432-2326, a telecommunications device for the deaf is available at this number or write to: Client Assistance Program Kansas Rehabilitation Services Kansas Dept. of Social and Rehabilitation Services Biddle Building, 1st Floor 300 SW Oakely Topeka, KS 66606 Consumer Assistance Unit 1-800-766-9012 Board of Directors Policy and Procedures Of Southeast Kansas Independent Living Resource Center 1801 Parsons Plaza/PO Box 1035 Parsons KS 67357 (620) 421-5502 Revised Effective Nov. 1998 Southeast Kansas Independent Living Resource Center Empower, Integrate, and Maximize Independence for all persons with disabilities. S.K.I.L. was created by; is driven by; and is focused on persons with disabilities, their families, and communities. We provide Advocacy, Education, and Support with Customer Controlled services to break down and remove existing barriers and bridge social gaps to ensure and preserve Equality and Independence for all. Table of Contents Chief Executive Officer pg. 5,6 Expense Reimbursement pg. 7,8 Grievance Procedure pg. 8,9,10 Introduction pg. 2 Job Description pg. 1 Liability pg. 4 Lines of Authority pg. 3 Non Discrimination pg. 4 Responsibility pg. 2,3 Board of Directors Job Description Title: Member of SKIL Board of Directors Reports To: Board President/Chairperson Term: Indefinite until resignation, removal or death Purpose: To serve on the Board of Directors as a voting Member; develop policies and procedures for the operation of SKIL; to monitor finances of the Center; to provide overall direction to the Center and its programs; and to monitor the quality and effectiveness of services. Meeting · Regularly attend meetings as scheduled Attendance: (about 6/year) · Attend committee meetings if a member · Attend board retreats, trainings, and other board activities · Attend and participate in special events as needed Obligations · Establish policy Of the Board: · Maintain By-Laws · Select/supervise/evaluate and dismiss CEO · Secure adequate funds · Monitor finances · Maintain and update long-range plans Specific · Attend meetings and show commitment to Duties: board activities · Be well informed in issues and agenda items in advance of meetings · Contribute skills, knowledge and experience · Listen respectfully to others point of view participate in Center decision- making · Support fund raising efforts · Represent the Center to the public and private industry · Educate yourself about the needs of the people served · Be a strong advocate for disability rights and the Independent Living Movement Introduction These policies have been established by the Board of Directors of Southeast Kansas Independent Living Resource Center in conjunction with the established By-laws. These policies were designed to assist the board in implementing the By-laws through policy and procedure. Board of Directors Responsibility It is the basic responsibility of all board members to oversee the progress, growth and overall performance of the Center. This is accomplished through established functions provided by the board of directors. · Setting policies. The board of directors' primary function is to establish policies that ensure that the Center is being operated effectively, legally, and ethically. These policies are the foundation for the Chief Executive Officer, who is responsible for implementing board policies and managing the organization. · Establishing and Maintaining By-Laws. By- laws are rules that govern when and how the board operates. These by-laws were composed when the Center was established. By-laws include a description of how the board operates such as how many members sit in the board; how many board members constitutes a quorum; and how long a member's term is. The board is responsible for maintaining these by-laws as an accurate reflection of how the board operates. · Guiding Long-range planning and development. The board of directors gives direction to the Center through long-range goals, which generally extend three to five years in the future. During the planning process, boards are asked to assess the present and future needs of the community. The long-range plans developed by the board are then used in planning for fiscal budgets and the financial aspects of the Center. Plans for fund raising by the board are also evaluated based upon the long-range plans. · Raising and managing the organization's funds. As a "Trustee" for the Center's funding, it is the responsibility of the board to ensure that funding is being spent efficiently and effectively in delivering services. Board members are also responsible for securing adequate funds for future goals and long-range plans established by the board. This means supporting the agency in fund raising efforts. · Personnel. The board is not directly involved in the securing of the Center's employees, however, the board is responsible for approving personnel policy and procedures and salary scales and performs a role in the Center's grievance procedure. · Chief Executive Officer. The board of directors is responsible for supervising and annually evaluating the performance of the Chief Executive Officer. · Appointing committees. It is periodically necessary to delegate some of the board affairs to working committees to assist in providing groundwork and details to assist the board in decisions as a whole. Committee functions are critical to boards that delegate issues for study, review, evaluation, and board recommendation. · Property. The board is ultimately responsible for the preservation of all owned, leased, and borrowed property of the Center. · Leadership Development. The quality of the board of directors is the key to the success of the Center. Ongoing leadership development is essential for any board to assure the continuance and progression of the quality of leadership, the Center, and the Independent Living Movement. Lines of Authority The board of directors is charged with overall management and supervision of the Center. The board shall exercise responsibility for hiring and supervising the CEO. The CEO is charged with the day-to-day operations of the Center. The Center director is responsible for overall supervision of Center personnel and setting agency administrative structure. The Center staff is charged with providing the agency functions and providing services in accordance with their job duties and through the direction of the CEO. Non-Discrimination The board of directors and the Center shall not discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sexual orientation, and disability status of gender under any circumstances. The board will ensure the Center is an Equal Opportunity Employer and is committed to the compliance with the Americans with Disabilities Act and shall ensure reasonable accommodations to all board members, applicants, volunteers, staff, and consumers. Board of Directors Liability The expectation is that the board of directors for Southeast Kansas Independent Living Resource Center will fulfill their duties in a responsible manner. However, the members have protection against liability in most instances from identified resources. These resources are statutory and D&O insurance. Kansas law provides civil immunity to volunteers, in this instance board members, of 501 (c) organizations, provided the organization has general liability, therefore, the board of directors are subject to this limited immunity. Additional information on this Kansas law can be obtained from the SKIL office or the Kansas Insurance Commission. SKIL also secures Directors and Officers (D&O) Insurance. This insurance covers loss from damages, settlements, and defense resulting from actual or alleged wrongful acts. Loss does not include punitive or exemplary damages, fines, penalties, etc. Wrongful act includes act, error, omission, mis-statement, neglect or breach of duty for insured individuals in the discharge of their duties solely in their capacity as directors of SKIL. Chief Executive Officer Relations with Board · Keeps board informed of organization activities, progress and issues. · Is receptive to board member ideas and suggestions. · Makes sound recommendations to board action. · Facilitates the decision-making process for the board. · Accepts board criticism as a constructive suggestion for improvement. · Provides constructive advice in a positive way. · Follows up on all problems and issues brought to their attention. Management Skills and Abilities · Maintains a friendly, efficient, and consumer focused administrative office. · Prepares all necessary reports and keeps accurate records. · Proposes organizational goals and objectives prior to each fiscal year. · Prepares and submits fiscal budget to board for direction and approval. · Is well organized and is able to provide board with all pertinent information. · Is progressive in attitude and action. · Adequately follows through on tasks and plans. Services to People Served · Supports and Advocates for the Independent Living Philosophy and upholds the Center's Mission Statement. · Is progressive in providing services and decision- making. · Provides services and programs in accordance to consumer needs. · Accepts direction and suggestions by people served and responds appropriately. Selecting and Hiring The board of directors is responsible for the interviewing and hiring of the Chief Executive Officer. Salary and Fringe Benefits The board of directors is responsible for establishing the CEO's salary and fringe benefit compensation. The board will annually review the CEO's current compensation in accordance with the annual performance review and evaluation. Performance Review and Evaluation The board of directors shall annually review the job performance of the Chief Executive Officer. This will be performed at the June board meeting. The board will review the CEO's job performance based on criteria determined by the board of directors. The board will evaluate the performance in executive session and provide recommendations for modifications in wage and benefit compensation. The board will then end executive session and report back to the board meeting to reflect any compensation changes in the meeting minutes. Wage and Fringe Benefit Modifications will also be maintained in the CEO's agency personnel files. Grievance and Termination The board of directors is responsible for the termination of the Chief Executive Officer; however, every effort will be made to resolve issues prior to the termination of the CEO. The board of directors will provide the CEO with a written account of any complaints or grievances the board may have. The board will provide the CEO opportunity to respond verbally to the written documentation. The board will then with the input of the CEO devise a corrective action plan. The CEO shall have thirty days to initiate the implementation of the corrective action plan and at the end of the thirty days the board will hold an executive meeting to discuss the progress on the corrective action plan. If at that time the board feels that the matter has not been addressed satisfactorily, the board my recommend the termination of the CEO. Expense Reimbursement The board of directors may be reimbursed for expenses incurred when acting on the behalf of the Center in accordance with the By-laws Article V-Officers. Travel Reimbursement Mileage Board of director's members may be reimbursed for mileage expenses when incurring mileage in connection with affairs and activities of the Center. Mileage is reimbursed at a rate of thirty cents (.30) per mile. Mileage must be submitted on the Center mileage forms. Mileage is reimbursed once a month at the end of the month. Mileage sheets must be completed and turned into the office by the 25th of the month, any sheets reaching the office after the 25th will not be reimbursed until the end of the following month. All mileage sheets are reviewed and approved by the CEO. Mileage paid prior to the expenditure must be approved by the board of directors. Food / Travel Expense Board members may be reimbursed for food and other travel expenses when incurring these expenses in connection with the affairs and activities of the Center when approved by the board of directors. Expenses paid prior to the expenditure must be approved by the board of directors. This reimbursement pertains to three circumstances when traveling. These are: 1. Board members who are required by the nature of the trip and approved by the board to stay overnight will be reimbursed on a per diem basis of thirty ($30) dollars per day. 2. Board members who are required to travel on agency business out of SKIL's service area with approval of the board for one-day trips will be reimbursed on a per diem basis of fifteen ($15) dollars per day. 3. Board members who are required to travel on agency business out of State with the approval of the board will be reimbursed on a per diem basis of sixty ($60) dollars per day. 4. The board of directors' discretion will be used when approving accommodation expenses. All other expenses for travel must be approved by the board of directors. Food/travel expenses will be recorded on Mileage sheets with detailed information on the date, nature of trip, and designated food or other expense. All provisions pertaining to Mileage reimbursement in regards to timelines and procedures for reimbursement apply to the food/travel expenses as well. Grievance Procedure As the overall leadership and direction of the Center, the board of directors plays a significant role in the grievance process for both employees and consumers. Employee Grievance Employee's experiencing a grievance are to adhere to the agency grievance policy and procedure. Employees seeking resolution to issues follow the chain of command: direct supervisor, CEO, and then board chair. The board of directors becomes involved when the employee's grievance has not been satisfactorily resolved. The board procedure is as follows: · The board chair shall be presented in writing with the grievance. · The board chair then has 30 calendar days to contact all involved parties including the CEO and arrange for an executive committee meeting. · The executive committee shall meet not exceeding 10 calendar days following the initial 30-day time period. · The executive committee then shall impartially listen to all parties involved. · The executive committee then has 10 working days to inform the parties of their findings and present the parties with a corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will report to the board of directors a brief overview and summation of the grievance and the corrective action plan at the regularly scheduled board meeting. · The grievance and corrective action plan documentation will be kept on file by the board chair and be held confidential. Employees with a grievance may contact the Kansas Department of Human Resources at any time. Consumer and Personal Care Attendants Grievance Consumers or their Personal Care Attendants experiencing a grievance are to adhere to the policy and procedure. Consumers/PCA's seeking resolution to issues are to follow the chain of command: direct supervisor, CEO, then board chair. PCA grievance pertains only when it concerns an action of SKIL. Any grievance that the PCA has with their employer/Consumer must be solved through the employee/employer relationship. SKIL will only be involved as an advocate at the request of the consumer. The board of directors becomes involved when the Consumer/PCA's grievance has not been satisfactorily resolved. The board procedure is as follows: · The board chair shall be presented in writing details of the grievance. · The board chair then has 30 calendar days to contact all involved parties including the CEO and arrange for an executive committee meeting. · The executive committee shall meet not to exceed 10 calendar days following the initial 30-day time period. · The executive committee then shall impartially listen to all parties involved. · The executive committee then has 10 working days to inform the parties of their findings and present the parties with a corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will then report to the board of directors a brief overview and summation of the grievance and the corrective action plan at the regularly scheduled board meeting. · The grievance and corrective action plan documentation will be kept on file by the board chair and be held confidential. Consumer/PCA'S with a grievance may contact the Client Assistance Program and/or the Kansas Advocacy and Protective Services at any time. EMPLOYEE AND AGENCY POLICIES AND PROCEDURES MANUAL Southern Tier Independence Center Binghamton, New York Southern Tier Independence Center EMPLOYEE AND AGENCY POLICIES AND PROCEDURES MANUAL TABLE OF CONTENTS About Independent Living and Southern Tier Independence Center 1 History of Independent Living in New York 1 Independent Living Philosophy 1 STIC Mission Statement 1 STIC Values Statement 1 The Board of Directors 2 Being Hired and Working at STIC 4 Affirmative Action/Equal Opportunity Employment Policy 4 Equal Access and Reasonable Accommodation 4 Probationary Employment Period 4 Permanent Employment 5 Temporary Employment 5 Full-Time and Part-Time Employment 6 Orientation 6 Performance Evaluations 6 In-Service Training and Continuing Education 7 Sign Language 7 Personnel Records 7 Readiness for Work 8 Attendance 8 Work at Home 8 Employee Code of Ethics 9 Contact with Consumers at Other than Normal Work Times 11 Smoking Policy 12 Changing or Leaving Your Job 13 Change of Job within the Agency 13 Resignation 13 Layoff 13 Leaves of Absence 14 Elimination of Positions 14 Demotion 14 Severance Pay 15 Employee Compensation and Benefits 16 Rates of Pay 16 Time Off 16 Leaves 16 Sick Leave 16 Sick Pool Policy 17 Bereavement Leave 17 Maternity Leave 18 Paternity Leave 18 Personal Leave 18 Jury Duty 19 Compensatory Time 19 Banking Time 19 Meal Breaks 19 Vacations 20 Holidays 20 Medical Benefits 20 Health and Dental Insurance 20 Workers Compensation (injuries on the job) 21 New York State Disability 21 Resolving Work Problems 22 Grievance Procedures 22 Policy for Prohibiting, Preventing and Reporting Harassment 23 Disciplinary Procedures 26 Disciplinary Guidelines 27 Items that May Result in Progressive Warnings 27 Items that May Result in Immediate Dismissal 28 Miscellaneous Policies 30 Solicitation and Distribution or Posting of Literature 30 Hiring of Relatives 30 Drug Free Workplace Policy 30 Changes to These Policies 32 ABOUT INDEPENDENT LIVING AND SOUTHERN TIER INDEPENDENCE CENTER Southern Tier Independence Center is operated as an Independent Living Center. Not only does STIC comply with the laws both of New York State and of the United States of America, but also its commitment to human rights requires a standard that goes above and beyond those rights that are protected by law. In the following pages, the policies and procedures of this agency will strive to uphold our standards, ethics and philosophy. HISTORY OF INDEPENDENT LIVING IN NEW YORK 1979 saw the birth of a new concept in New York State known as Independent Living. At that time, nine Independent Living Centers were established using federal funds. In 1983 New York State decided to start nine new programs, followed in 1987 by the addition of 16 centers. In 1997, the Harlem Independent Living Center was added to the state list of CILs, after several years of advocacy by CIL organizations. Independent Living is still a young program in this state. New York, with its 35 centers, however, has emerged as a leader nationwide, advocating change, affecting policies and revitalizing the movement. Southern Tier Independence Center (STIC), one of the centers established in 1983, primarily serves three counties, including Broome, Tioga and Chenango. Some of our programs serve a wider area. We are also part of a statewide network, the Association of Independent Living Centers in New York (AILCNY), which represents and advocates for the rights, needs and viewpoints of member centers and their consumers. This association of centers gives strength and unity to the many voices that are seeking better quality of life and increased opportunities for people with disabilities in the state. INDEPENDENT LIVING PHILOSOPHY People with disabilities should be empowered to control the direction of their own lives. This means choosing their goals, plotting their course and taking responsibility for their actions and the results. People with disabilities have the right to make their own choices and decisions and the right to make mistakes and learn/benefit from those mistakes. Centers for independent living (CILs) foster independence, help disabled people to develop networks and supports, promote self-reliance, and advocate for the inclusion and integration of people with disabilities in all aspects of community life. STIC MISSION STATEMENT STIC's mission has three parts. We provide assistance and services to people with all disabilities of all ages to increase their independence in all aspects of integrated community life. We also serve their families and friends and businesses, agencies, and governments to enable them to better meet the needs of people with disabilities. Finally, we educate and influence our community in pursuit of full inclusion of people with disabilities. STIC VALUES STATEMENT l We value the ability of every human being to reach for their dream. l We hold that each individual has strengths and weaknesses that must be taken into account in their journey toward their dreams. Each individual must accept the responsibility for the dream, the journey, as well as the work to get there. l We offer support, ideas, tools, training, respect and concern. l We will not do for, when it can be done by the person. l We will not patronize for the sake of efficiency, or in the guise of caring. We will try to understand when this causes fear, anger and frustration. l As we develop programs and policies, we will be guided by the dreams and abilities of the people we serve. l No matter how difficult the road, we will always choose the path of inclusion and integration. l We will not sacrifice our principles or values for money, convenience or expediency. l We will not shy away from controversy if that controversy will further our mission. l We offer hope and continue to look at each person as a unique and joyful experience that will teach us, and take us on a journey where we have never been. THE BOARD OF DIRECTORS Community service agencies, such as Southern Tier Independence Center, are commonly perceived by the public as relating to the community through the provision of services to members of the community. Just as essential to the relationship between agency and community, however, is the Board of Directors, whose members both represent the community and provide general oversight of the work of the agency. The official role of the Board of Directors is limited and specific: it determines the policies by which Southern Tier Independence Center is governed. Implementation of these policies is the responsibility of the Executive Director, who is accountable to the Board of Directors. The members of the Board have no formal organizational ties to the other staff or the agency. Except in extraordinary circumstances, therefore, the Board of Directors does not become involved in the day-to-day operation of the agency. Because the membership of the Board is composed largely of people with disabilities, and is required by law to maintain a 51% majority of disabled representatives, the relationship between the Board of Directors and the agency is a microcosm of the relationship of the Board to the community. The directors may themselves perhaps benefit from the sorts of programs the agency maintains; and, as area residents, the Directors are likely to perceive the needs of the community for services the agency might develop. In view of all this, it is apparent that the perspectives of the Board of Directors will be personal and frequently empathetic rather than paternalistic toward consumers of agency services. It is this feature that makes centers for independent living such as Southern Tier Independence Center distinctive in their response to the community and in their responsibilities towards it. The Board of Directors wants Southern Tier Independence Center (STIC) to be operated well for the sake of its consumers and to be operated fairly for the sake of its employees. One of the best ways to do this is to put in writing the policies by which the agency is operated. That is why this Employee Manual has been printed and given to everyone who comes to work at STIC. If you have a question about your job, we recommend that you look first in this manual to find the answer. If you still have a question, please ask your supervisor or the Executive Director. BEING HIRED AND WORKING AT STIC AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYMENT POLICY In accordance with state and federal guidelines, Southern Tier Independence Center, Inc. is an equal opportunity employer. It is our policy to hire the best-qualified applicant for the position, without regard to disability, race, color, ethnicity, religion, gender, sexual orientation, national origin, age, or veteran status. It is our first preference to give staff an opportunity for advancement through promotions within our agency. Any openings not filled in this manner will be advertised with, at a minimum, the following entities: local offices of state agencies including VESID and the Department of Labor; poverty and minority organizations; religious organizations including minority churches; agencies/organizations working with people with disabilities. When feasible, job openings will be announced in our newsletter, which reaches thousands of individuals, agencies, etc. Southern Tier Independence Center continually and actively seeks methods to guarantee equal opportunity and strives to develop and promote policies and practices that discourage or prevent discrimination. EQUAL ACCESS AND REASONABLE ACCOMMODATION As a disability rights organization, STIC strives to be a model of equal access and reasonable accommodation for our consumers and staff as well as the community at large. Toward this end we provide the following: A. Physical Access: Our facility, and all of our sponsored events, are accessible to people with all disabilities including mobility and sensory disabilities. B. Communication Access: Upon request we provide sign language interpreters for deaf consumers and staff as well as materials in alternate formats such as: braille, large print, tape, or computer diskette. Staff or volunteers will read program/service related materials to consumers if such an accommodation is needed. Additionally, STIC has assistive listening devices available to both staff and consumers. C. Program Access: STIC will provide services in an alternative manner, such as at an alternate site, if an individual's disability requires such an accommodation. D. Reasonable Accommodations for Employees: As mandated by our philosophy and the requirements of the Americans with Disabilities Act and New York State Human Rights Law, STIC will offer and provide reasonable accommodations to employees with disabilities if they are "otherwise qualified" for the position and inform us of the need for such accommodations. This could include: flexible work schedule; assistive devices; minor task modifications of non-essential job functions; etc. PROBATIONARY EMPLOYMENT PERIOD It is impossible to tell for sure how well you are going to work until you have been an employee for a while. For this reason, as a newly hired employee or as a newly rehired employee, you are considered a probationary employee for the first six months of your employment. This probationary period may be made longer if your supervisor and the Executive Director agree that more time is needed to permit you to reach an acceptable level of work performance. However, this cannot be done unless the supervisor writes an evaluation of your work performance with specific notes of what you have to do to be made a permanent employee and how many additional weeks are being allowed for this to happen before a final decision is made. The probationary period is, in other words, an opportunity for you to demonstrate what you can do in the agency and also for you to learn more about the agency and the position so that you can decide whether or not to continue. If your performance on the job does not measure up to the agency's expectations and/or standards, the employment relationship can be terminated by the agency or by you without blame or stigma towards you and without advanced notice by the agency. When you have been working for STIC for almost six months, your supervisor will conduct a performance evaluation, which may include: an assessment of the work you have been doing; a review of your initial application/resume to STIC; another interview with your supervisor. All of this information is put together to make a decision whether or not you will become a permanent employee and what sort of work assignments you will receive in the future. PERMANENT EMPLOYMENT Southern Tier Independence Center knows that most people want job security. If you are named a permanent employee after successfully completing your probationary employment period, this means that you will not be dismissed from your job without warning, unless you have done something that puts in danger the operation of the agency or its other staff or consumers, or unless you have engaged in conduct that seriously violates the laws, rules or regulations by which the agency is legally required to operate, or if you seriously violate the agency's code of ethics, values and/or philosophy. (See Disciplinary Guidelines, page 27 for more details.) Your employment status could also be affected by our funding. If STIC loses funding for some reason, the agency may need to lay off one or more employees. (See Layoff, page 13 for more details.) If you work a regular schedule for STIC, you can become a permanent employee whether you work full-time or part-time. TEMPORARY EMPLOYMENT Temporary employment is employment that from the beginning of the employment period is understood by both the worker and the agency to be temporary. Temporary employees are hired full- or part-time to substitute for or to supplement permanent staff. The anticipated length of employment, the scope of duties, the amount of compensation, and the conditions of employment pertaining to the temporary position are clearly defined in the job description or a letter of employment or both. Temporary employees receive at least the minimum salary for the job classification under which each is employed; they work the same schedule of days and hours; but they have no claim to agency benefits such as retirement, health insurance, and days of paid absence excepting those benefits required by law. A temporary employee is not a permanent employee, regardless of whether the person works a regular schedule or not and regardless of how many hours the person works per week. For example, Employment Specialists (job coaches) are considered to be temporary employees, hired to work with a specific consumer(s) until there is no longer any need for their support. FULL-TIME AND PART-TIME EMPLOYMENT Sometimes this manual talks about full-time employees or part- time employees. You are a full-time employee if you work for STIC at least 35 hours per week. You are a part-time employee if you work for the agency at least 15 hours per week but less than 35 hours per week. ORIENTATION Southern Tier Independence Center recognizes that as a new employee you must become acquainted with the agency to learn not only your job responsibilities, but also the rules, regulations, policies and procedures under which STIC operates. This will include official policies as well as day-to-day routines. Accordingly, during the probationary period, you will take part in an appropriate program of orientation to familiarize yourself with this necessary information. Your supervisor will orient you to the specific duties and responsibilities associated with your particular job. Other designated staff may assist the supervisor in orienting you to the personnel and general policies of STIC. This is the time for you to learn as much as possible about your job description, the equipment to be used, and the methods of work required, thus laying the foundation for future successful job performance and job satisfaction. The orientation permits you to help determine your suitability for the job, your adaptability to the work environment, and your potential to progress under actual working conditions. PERFORMANCE EVALUATIONS Most workers like to know how their superiors view their job performance, and STIC is of the opinion that you have the right to a periodic evaluation of your job efforts. The purpose of such an evaluation is to give feedback to employees about how they are doing as well as to offer positive opportunities for change. They may also be used as a tool to develop future goals for professional growth and career advancement. For these reasons, a formal written appraisal of your job performance is made by your supervisor near the conclusion of your probationary period of employment. After that, such a performance appraisal is made of your work at least once each year or more often if there is a particular reason to do so. Other such reasons include times when you are being considered for promotion or other change of job within the agency, or times when there appears to be difficulty with your work. You are entitled to a copy of your formal job appraisal, whenever it is written, and you also have the right to discuss the appraisal with your supervisor and to respond with comments in writing, on computer diskette or on tape. Your response must be submitted within ten working days of the date you receive the appraisal, and it will be placed in your personnel file along with the performance appraisal. If you disagree with points in your appraisal you should discuss them with your supervisor and take the opportunity to have your response included in your file. After the discussion, if your supervisor is in agreement, he/she may choose to make changes to the performance appraisal and only include the final version in your file. If your supervisor does not agree, she/he may, but is not required to, provide you with a written response. Under no circumstance will an employee be informed for the first time of an issue or concern with their work performance or employment at STIC in the performance appraisal. You have the right to expect to be advised of and given an opportunity to correct problems/issues before they appear in your evaluation. If the situation was not serious and/or was resolved easily, the problem may never even be mentioned in an annual performance appraisal. If the problem was serious, but was satisfactorily resolved, it may be mentioned in the appraisal and the satisfactory resolution will also be included. IN-SERVICE TRAINING AND CONTINUING EDUCATION The development of programs and options for people with disabilities is a relatively new and growing field. For the agency to keep on doing a good job for its consumers, it is necessary for the employees to keep on learning more about their jobs and about the work of the agency and to keep abreast of current developments in the area of Independent Living. Because of this, you are likely to be required from time to time to attend in-service training programs for continuing education purposes. You may also hear of such events (workshops, conferences, etc.) which, although not required, would enhance your work at the Agency. The approval of the Executive Director is required for attendance at any continuing education event to be counted as time worked. Your attendance at such training opportunities may be reviewed/considered when your work performance is being evaluated, if you are applying for a different position, or if you are eligible for a promotion. Southern Tier Independence Center does recognize, however, that certain sorts of continuing education that are required may not always be available at a time when it is reasonable to expect the employee to attend due to his or her circumstances. If this should occur, discuss the situation with the Executive Director. If your reasons are valid, you may be excused from attending and/or other arrangements may be made to provide the training to you. SIGN LANGUAGE Whether one perceives deafness as a disability or as tending to create a cultural minority who use sign language as a means of communication, STIC recognizes that it is highly desirable for all people who deal with deaf individuals whether as co-workers or consumers to be able to communicate with them in sign language. Accordingly, unless an employee already has basic proficiency in sign language or has a disability that prevents him or her from using sign language, every employee will be expected to take a course in sign language at his or her earliest convenience after being hired. STIC makes every opportunity to offer this class in-house, but it may not always be feasible and an employee may need to take a course elsewhere. PERSONNEL RECORDS It is important that you assist in keeping your personnel records correct and up to date and that you also inform your supervisor of any changes as soon as possible. Current information about any change in your name, address or telephone number enables the agency to reach you in case of emergency and to forward paychecks or any notices to you that may be necessary. A completed application, letters of reference, pertinent insurance notices, letters of recommendation and other correspondence, and copies of certificates of completed continuing education are to be kept on file in your individual personnel folder as appropriate. Such records remain the property of STIC. Employees may review their personnel file by submitting a request to the Executive Director. READINESS FOR WORK Southern Tier Independence Center must represent the philosophy of Independent Living not only in written statements and execution of programs, but also in the impression the staff make on consumers and the public at the agency headquarters and other assigned work locations. As an employee of STIC, therefore, you must be on duty appropriately dressed and must maintain appropriate standards of neatness and cleanliness. You must appear at your job location at the time designated by the agency ready for work. You must end the work day at the designated time, unless specifically assigned by your supervisor or by the Executive Director to modify your schedule, or unless work requirements unexpectedly make an extension of the work day necessary. If circumstances should require a change in schedule, the Executive Director must approve the change in advance (except in the case of an emergency). ATTENDANCE As an employee of Southern Tier Independence Center, you are expected to be on the job according to your work schedule/assignment, unless you are sick or injured or unless you have another reason for being absent in accordance with the provisions of this manual. If you are going to be away from your job, you are expected to call into the agency just as soon as possible, but at least before the start of the work day. If you have made work-related appointments for a day you must be absent, you must notify the agency of these also when you call in. If you are absent too much, especially, if you are absent more than the number of days you have earned for sick leave and other days of paid absence, you may lose your job. Repeatedly being absent from work or repeatedly being late to work will result in disciplinary action. Habitual tardiness will be considered a negative reflection on your attendance record. Failure to report to work for three consecutive work days without notifying the agency is ordinarily interpreted as your voluntary resignation. WORK AT HOME A. Working at home is a privilege, not a right. B. No one is to work at home without prior approval from the Executive Director. C. If you fail to get approval to work at home, your work time will not be approved and you will have to use personal, vacation or compensatory time. D. If you are granted approval to work at home, you will need to keep a log of your time and activities. The log must be turned in to the Executive Director immediately upon your return to work. Below are some examples of what is required in your log. They are just examples and are therefore not inclusive. Phone calls: Whom you talked to and for how long. Research on the internet: Subject/issue you were researching and for how long. Paperwork: What type of paperwork you were doing and for how long. EMPLOYEE CODE OF ETHICS In keeping with STIC's independent living philosophy and values, the code of ethics is intended as a brief guide for dealing with ethical issues or dilemmas in the course of everyday work. A. Our primary commitment is to people with disabilities seeking independence. B. We respect and promote the right of people with disabilities to self-determination and assist them in their efforts to identify and clarify their goals. We will not, however, assist consumers in achieving goals that violate STIC's philosophy, values, ethics or the law. C. Confidentiality: All consumer records and information are confidential and will not be discussed or released to agencies, organizations, professionals or other individuals without a legal release signed by the consumer, except as noted below. Legal releases will be for specific information to be released to a specific individual/organization/agency for a specific reason, which will appear on the release form. They will also be time-limited. As mandated by law, STIC also complies with confidentiality requirements that are specific to people with AIDS or who are HIV positive and to their records. Exceptions to confidentiality policy: 1. We are required to release information about who receives which services to auditors and funding sources at their request except where specifically prohibited by laws and/or regulations. 2. Except for information provided to psychotherapists (Professional Counseling Services), we must release any and all records to legal entities serving a subpoena, and any STIC employee except psychotherapists may be required by subpoena to testify in a court of law about interactions with consumers. 3. Any STIC employee who sincerely has good cause to believe that someone encountered in the course of their work is engaging, or intends to engage, in emotional, physical or sexual abuse of children, has been or intends to physically harm another person, or intends to commit suicide, must report this information to the proper authorities. If at all possible, employees must discuss such suspicions with their supervisor before making any report. D. Consumer Records: 1. All information about a consumer, whether contained in the consumer records, obtained through discussions with consumers and/or others, etc., will be treated in a respectful and professional manner. 2. Consumers have the right to see any information in their records generated by STIC staff and any other information received by STIC that can legally be disclosed to the person. 3. In addition to containing demographic and service data, records may contain other factual information that directly contributes to meeting the consumer's service needs. Records shall not contain personal judgments or conclusions, or information that could have a negative impact on a consumer if subpoenaed by a court of law, or if seen by a funding source during a record review. 4. Any information that cannot legally be released to a consumer will not become a permanent part of any consumer record and will be destroyed or returned to its source as soon as feasible, generally meaning as soon as it has been reviewed by the appropriate staff. E. Employees may not accept gifts of significant value, or cash in any amount, from any recipient of STIC services or any person encountered in the course of their work. Employees may encourage those who wish to show appreciation for services received to make a donation to the agency. Gifts of appreciation such as a box of candy, flowers, a plant, a small trinket, etc. are acceptable. Gifts such as expensive jewelry, appliances, out-of-town trips, etc. should not be accepted. F. Employees will not expect or require consumers to render a personal service to any employee as a condition for receiving services from that employee, nor will they exploit consumers in any way or violate any laws or regulations in the course of their relationships with consumers. G. Employees should use discretion about when and where they discuss confidential/consumer issues with co-workers to ensure that conversations are not overheard. H. Personal relationships with consumers: It's an essential component of the Independent Living service model that employee interactions with consumers be friendly and informal, and convey a true sense of caring concern and involvement. However, there are limits on these relationships that must be observed in order to ensure that consumers remain in control of the process and that there is no opportunity for exploitation. 1. Employees shall not engage in sexual activities or relationships with consumers they are serving, or with those consumers' families, friends or other close associates. It is the responsibility of employees to set/define appropriate boundaries for relationships with consumers. 2. Employees shall not stop providing services to a consumer or the consumer's family members, friends or other close associates, or refer them to another employee, for the purpose of pursuing a sexual relationship with that person. 3. Employees shall not verbally, physically or emotionally harass or abuse consumers in any way. (See harassment policy, page 23.) 4. Employees shall not touch the service animals, wheelchairs, or other personal assistive devices of consumers without the consumer's consent. I. Employees shall not provide peer, personal or professional counseling services, or any other extended or intensive service, to their family members or close personal friends, except in situations where it is culturally unavoidable (such as in the Deaf community or other close-knit minority groups). J. Under certain extraordinary circumstances, employees have the right to refuse to serve a specific consumer and to refer that consumer to other appropriate staff. In all cases, staff will obtain permission from their supervisor to do so. K. When representing STIC on other boards, committees, etc. in the community, employees will uphold and represent the philosophy, values and ethics of STIC. L. Employee interactions: 1. Employees are responsible for expressing their wants, needs and concerns in an assertive manner to each other, their supervisors, or the Executive Director, as appropriate to the situation. Employees are expected to speak only for themselves and not for others. 2. Employees shall treat each other with courtesy and respect. 3. Employees shall listen to each other and give others an opportunity to express differing views and opinions without fear of ridicule or derision. 4. Employees shall not verbally, physically or sexually harass or abuse other employees based on their gender, race, cultural background, disability, ethnicity, sexual orientation, language or in any other way, as provided for in our harassment policy (see page 23). 5. Employees shall not give out the personal addresses or telephone numbers of other STIC employees without their consent. CONTACT WITH CONSUMERS AT OTHER THAN NORMAL WORK TIMES It is an important part of the Independent Living philosophy for employees of this agency to develop informal peer relationships with consumers. However, there are two potentially serious problems that can result from this. First, employees may become overburdened, and their on-the-job performance, as well as their health, may suffer as a result. Second, relationships of dependency can develop. It is not in the best interest of any consumer to become accustomed to making service demands on employees outside of the employee's work schedule, and it violates the Independent Living principle of self-reliance. We recognize, however, that some cultures may view this issue differently, and in such cases those cultural preferences will be taken into consideration when applying the policy below. While each employee must exercise personal and professional judgment in these matters, the following guidelines should be adhered to: A. Employees will not regularly provide any non-emergency service to a consumer during non-work hours that can be provided during the employee's scheduled work hours, even if the consumer must be placed on a waiting list for the service. B. Employees should not give their home phone numbers to consumers for the purpose of conducting work at home, except in rare cases when the employee, as part of their regular job duties, may be expected to render legitimate emergency services, AND a specific consumer is likely to legitimately need emergency services. C. If a consumer somehow obtains an employee's home phone number and calls the employee to request an after-hours service other than a legitimate emergency service, the employee will politely inform the consumer to call at work, during work hours, and terminate the conversation. The employee will NOT provide the service under any circumstances. Note that the above does not prevent an employee from developing a friendship with a consumer and pursuing non-work- related activities together. Nor does it prevent, under special circumstances, employees from arranging in advance to provide a limited (generally one-time) after-hours service to a consumer such as transportation, or accompaniment to an advocacy-related meeting. However, even in such cases, professional judgment and discretion are required to avoid encouraging consumers to become dependent on employees. Accrual of compensatory leave will not be granted for conducting unauthorized work at home, unless the situation is deemed an emergency by the staff person and the Executive Director gives subsequent approval (see Work at Home, page 8). SMOKING POLICY There is no smoking allowed anywhere inside STIC's building including in rest rooms, elevators, stairwells, etc. Employees may smoke outside only. Employees may not smoke in the presence of consumers and employees will not meet consumers outdoors or in indoor locations where smoking is permitted in order to smoke while working with them. CHANGING OR LEAVING YOUR JOB CHANGE OF JOB WITHIN THE AGENCY People change. Most people want to improve themselves. Some people find that the job that they were hired to do is not the right job for them after a while. With these things in mind, STIC informs its workers of any vacancies or new positions being created. Employees who are interested and qualified will ordinarily be given the first chance at the opening before non-employees are considered. If you make such a change within STIC, you will again be put on probation. However, you won't lose your benefits and you won't get a probationary wage. You will be on probation for all other purposes (as described elsewhere in this manual, see page 4) for a period of three months. If the new job turns out not to be right for you, the agency will not guarantee that you can have your old job back again. RESIGNATION Many reasons may occasion the resignations of employees from their jobs at STIC; but, however personally significant those reasons may be to the employee, the resignation of any worker has an impact on the work of the agency. Accordingly, if you decide to leave employment with STIC for any reason, it is requested that you submit your resignation in writing, on computer diskette or on tape. The amount of notice you give should be equal at least to the amount of vacation you have accrued plus compensatory time accrued, or three weeks, whichever is greater. This makes it easier to find a suitable replacement worker or to make other arrangements for the fulfillment of your former job responsibilities, allowing STIC to continue providing effective, quality services. A resignation requested by the agency as an alternative to dismissal shall, insofar as the rights of the agency and the employee are concerned, be construed as equivalent to dismissal. LAYOFF Sometimes economic conditions or circumstances within the agency cause a position to be abolished temporarily or permanently. When this occurs, STIC may choose to terminate the employment of a worker without prejudice to him or her. This is commonly called layoff. Whenever such a reduction of staff is necessary, such a decision shall be expressed to the employee in writing by the Executive Director in advance of the effective date of the notice; the amount of advance notice shall be at least 30 calendar days, unless otherwise required by the applicable funding source. Decisions regarding layoff of an individual employee at any given time shall be made based on such considerations as funding restrictions/cuts, importance of the position to the operation of STIC in general, length of employment with the agency, and/or evaluation of job performance. Employees who are laid off may be eligible for unemployment benefits as allowed for under New York State and Federal labor laws/regulations. Any employee who is laid off has the opportunity, if he or she wishes, to resign formally and be recorded as having resigned in good standing. An employee who is temporarily laid off shall be so advised and shall receive priority for rehiring should the position be reinstated. LEAVES OF ABSENCE Southern Tier Independence Center recognizes that there may be times when an employee needs to take a leave of absence. Permanent employees, whether full- or part-time, are eligible. No request for a leave of absence will be approved unless the following requirements are met: A. The request must be made in writing, on tape or computer diskette, to the Executive Director stating the reason for the leave and the period for which it is desired. This period shall not exceed one year. B. During such leave accruable benefits such as vacation, personal and sick leave do not accumulate. When you return to work you will be at the same benefit level as when you left. Protection under the health insurance program may be continued if you wish, but you must contact the insurance company to make the necessary arrangements and you are responsible for paying the entire cost of the premiums. C. If your request for a leave of absence is approved, the agency expects to return you to your work position at the conclusion of your leave. Since the agency cannot anticipate extenuating circumstances such as federal and/or state budget cuts, the guarantee of a return to your job cannot be absolute. If the agency cannot return you to your position, the agency may offer you the first available position for which you are qualified and appropriate, in keeping with the other provisions in this manual. An employee who does not return to work at the end of the authorized period and has not been granted an extension of the leave, will be considered to have voluntarily resigned his or her position effective the day the leave began. ELIMINATION OF POSITIONS Unfortunately, it is sometimes necessary to abolish a position due to unforeseen cuts in funding or other non-work performance related issues. If this should occur and there is another open position in which the affected employee is interested, then he/she will be considered for the other position. The employee will be given the first opportunity to change jobs, before it is offered to other employees within the agency. However, there is no guarantee that the affected employee will be hired, unless he/she is qualified for and capable of doing the job to the agency's satisfaction. If the new position results in a cut in pay, the salary will not be reduced for 30 calendar days. If the salary is higher, the increase will go into effect immediately upon the job change. As with any other change of job within the agency, the employee will be on probation for three months. If no open positions are available, the employee will be laid off and may be eligible for unemployment benefits as allowed for under New York State and Federal Labor laws/regulations. (See Layoff, page 13.) DEMOTION After an employee has worked for STIC a while, we may discover that he/she is unable to carry out the responsibilities of his or her position, but the agency may have an unfilled position for which it considers the affected worker suitable. When such a lesser position is offered, the reasons for the change shall be expressed to the affected employee in writing (and other accessible formats as necessary). However, if another position is open, we do not guarantee that a demoted employee will be hired for it. The person must be qualified for and capable of doing the job to the agency's satisfaction. With this in mind, when such a lesser position is offered to an employee, the employee being demoted shall have prior consideration over other employees who may be interested in the position (with the exception of an employee who is being terminated due to funding cuts or other non-performance related issues). Additionally, if the salary for the new position is lower, his/her rate of pay shall not be reduced for 30 calendar days. As with any other change of job within the agency, an employee so demoted will be on probation for three months. The employee shall also be afforded the opportunity to resign in accordance with the other provisions of this manual. SEVERANCE PAY Ordinarily, the agency owes an employee whose employment it has terminated only accrued salary and benefits. When an employee is dismissed for reasons beyond his or her own control, however, and the individual has contributed substantially to the development of the agency, the Executive Director may recommend to the Finance and Personnel Committees that an amount of severance pay be awarded to the individual. The final decision on such matters shall be made by the Board of Directors. EMPLOYEE COMPENSATION AND BENEFITS RATES OF PAY This agency endeavors to pay its workers fair wages and salaries in keeping with the philosophy of Independent Living. A number of factors are considered in determining your rate of pay. These may include: prevailing rates of pay for similar jobs locally and at other CILs or disability organizations; economic conditions; the duties and responsibilities of your job; the length of time you have been employed by STIC; applicable work experience you have had elsewhere; training and education you have had pertinent to the job; and budgetary constraints and requirements. If you should ever notice a mistake in your paycheck, notify the Fiscal Manager or the Executive Director immediately. Corrections are ordinarily made in the next paycheck. TIME OFF Leaves For the purpose of calculating the number of hours/days of leave a permanent employee is entitled to, we must determine an average work day for each employee. One "day" is therefore defined as one-fifth of the hours worked each week, regardless of the employee's work schedule. This insures that every employee gets the same amount of time off, pro-rated to the number of hours they work. In the case of paid holidays, if you are a part-time employee and you do not ordinarily work on the official holiday, then you may take the appropriate number of hours off at a different time that week, or accrue the time and take it off later with permission from the Executive Director. Similarly, if you are a part-time employee and ordinarily work on a day that is a holiday, and you work a higher proportion of your hours on that day (than your average work day) then you may actually owe time to STIC. This may simply mean that you work additional hours during the week or take the remaining hours off as personal, compensatory or vacation time. Sick Leave Permanent employees, whether full-time or part-time, are entitled to the equivalent of twelve days of sick leave during each year of service, accruing at the rate of one day per month. A day is equal to 1/5 of the employee's hours per week. New employees may use sick leave as they accrue it. No more than 100 days may be accumulated. Sick leave is not earned during leaves of absence; it is given only for illness and cannot be applied as additional vacation time. When you are ill, it's required that you or someone on your behalf notify the Office Manager or Clerical Assistant promptly. They will, in turn, convey the information to your supervisor and Executive Director. If you are absent more than three consecutive days, the Executive Director may require you to obtain a physician's authorization to return to your job. Under no circumstances will you be paid for unused sick leave when you leave or are dismissed from STIC's employ. If an employee exceeds the 100-day limit, the additional days will be added to the Sick Pool until such time as the employee's accrual drops below 100 days. (See Sick Pool Policy, page 17, for more details.) Sick Pool Policy In order to offer additional support for employees during times of illness or other health-related issues, STIC has developed a "sick pool" of extra days, which an employee could apply to use if he/she has used all of his/her sick leave. When employees leave the agency for any reason, their unused sick leave will be put into a general sick leave pool. Also, if an employee reaches the maximum number of allowable sick leave days, his/her extra days will be added to the sick pool. If there are no days remaining in the pool, the Executive Director may ask other employees if they wish to contribute time to cover a request. The names of both the contributor(s) and the employee making the request will be kept confidential. No employee will be permitted to donate to the pool if he/she has ten days or less of sick leave accumulated. Contributions to the pool are completely voluntary. Employees will not be penalized if they do not wish to donate time. The following steps and criteria must be met in order to apply to and be approved for the sick leave pool: A. An employee is in need of major surgery or is experiencing a serious physical or mental illness that requires more leave than the employee has accumulated. Minor illnesses such as colds, flu, sinus infections, etc. are not covered by the pool. B. The request for sick leave from the pool must be made in writing, on tape or computer diskette, and be approved by the Executive Director. C. The request should contain specific information on the nature of the illness/health issue and the number of days being requested. D. The Executive Director may require a note from a doctor under some circumstances. E. If the time to be missed is longer than ten work days, the employee will be advised to apply for NYS Disability coverage (which can be explained in more detail by the Fiscal Manager or Executive Director). The employee may still request hours from the pool to be used for the portion of time to be missed that is not covered by NYS Disability. Each request for sick pool coverage will be evaluated on an individual basis by the Executive Director. Final approval will be left up to his/her discretion. Bereavement Leave In the event of the death of a member of the immediate family or household of an employee, the agency grants limited paid bereavement leave to permanent employees not to exceed the equivalent of three days. "Immediate family" refers to spouse, parent, brother, sister, foster parent, foster child, or child. It also includes the following in-laws: brothers, sisters, mothers and fathers. Please check with the Executive Director for approval. Maternity Leave A permanent employee may take up to three months of maternity leave after delivery or adoption of her child, which may be extended with the approval of the Executive Director to up to six months. She shall be allowed to use all sick leave, vacation, and compensatory time if necessary, with the remaining time unpaid. A request for maternity leave should be submitted to the Executive Director at least one month before the employee's due- date to allow arrangements to be made for coverage of the position during the employee's absence. A pregnant employee who is determined to be medically disabled from the performance of her duties, will be treated the same as any other temporarily disabled employee. (See NYS Disability, page 21.) Once the child is delivered, the employee will be eligible for the same maternity leave benefits if the disability coverage is terminated. A request for maternity leave should be submitted to the Executive Director at least one month before the employee's due-date to allow arrangements to be made for coverage of the position during the employee's absence. Paternity Leave A father who is a permanent employee may take up to three months paternity leave at any time within a year after delivery or adoption of his child, which may be extended with the approval of the Executive Director to up to six months. He shall be allowed to use all sick leave, vacation, and compensatory time if necessary, with the remaining time unpaid. A request for paternity leave should be submitted to the Executive Director at least one month in advance, to allow arrangements to be made for coverage of the position during the employee's absence. Personal Leave Southern Tier Independence Center realizes that on occasion you may have personal business to attend to that cannot be accomplished other than during work hours. Accordingly, if you are a permanent employee, either full-time or part-time, you are allowed the equivalent of three days of paid absence per year for this purpose, starting with the day that you begin work. (A day is 1/5 of your weekly hours.) On the anniversary of your date of hire you will again be given three days for personal use, but you may not carry over any unused personal days from the previous year; no employee may use more than three paid days of personal leave in one year. Although you can use these days any way you think appropriate, remember that STIC anticipates that you will need this time for legal appointments, court appearances, medical appointments, or any other personal need not otherwise accommodated by other provisions of this manual, such as those for illness or bereavement. You will not be paid for unused personal time if you are dismissed from your position at STIC. If you resign from your position or are laid off and are leaving in good standing, the Executive Director may pay you for any remaining hours of personal leave, if funding permits. If you are resigning in lieu of dismissal, no such consideration will be given. You must notify STIC as soon as possible when you realize that you will have to use a paid personal day of leave. Ordinarily these days must be approved in advance by the Executive Director. If you need more than three such days per year, STIC will not guarantee that you can take days off without pay. Jury Duty This agency recognizes the obligation of citizens to serve as jurors from time to time and promotes the notion that people with disabilities are the peers of any citizen. If you are summoned to such duty, you are to inform your supervisor immediately in order that plans may be made to have your job done in your absence. The agency will continue to pay you according to your regular rate of pay and according to your normal work schedule at STIC. Compensatory Time The work of this agency is planned so that ordinarily it can be accomplished by each employee within the bounds of her or his regular work schedule. From time to time, however, it becomes necessary for some workers to stay longer hours than usual; on occasion, other considerations such as special assignments or approved continuing education required by the agency extend the number of hours worked by an employee. Inasmuch as funding restrictions prevent STIC from paying overtime for such hours worked, the employee may accumulate limited additional hours to be used as time off with pay at a later date. At no time shall an employee work more than forty hours in one week. Ordinarily the accrual of compensatory time must be approved in advance by the Executive Director. The approval of the Executive Director is also required before such hours can be used as time off by the employee. The number of hours off shall be equal to the number of additional hours worked. Because job descriptions themselves must be reviewed from time to time to determine whether they adequately reflect work requirements and working conditions at STIC, all records of the accumulation and use of compensatory time shall be maintained in the file of the worker. If you have accumulated more than fourteen hours of compensatory time, you may use it by delaying your arrival at work no more than two hours in any one day, but only if you have no appointments scheduled during that time. You are required to notify STIC, however, no later than the beginning of that work day. Banking Time Southern Tier Independence Center has been authorized to pay employees by check. Applicable laws require an employer who pays by check to allow twenty minutes to each employee for banking time. All employees are eligible for this time, whether they physically receive a paycheck or have elected to have direct deposit. If you need time to go to the bank, please advise the Clerical Assistant, Office Manager, or other personnel staffing the front desk each time. Banking time can only be taken on pay day, or the day you receive your check, and must be attached to your lunch hour. This 20 minutes time is to be used only for your personal banking needs, and for no other reason. Meal Breaks The eating of meals by employees is a matter both of ordinary human need and of governmental regulation in the form of labor law. Accordingly, full-time employees shall ordinarily be given an uninterrupted one hour unpaid meal break to be scheduled with their supervisor, but normally, this break must be taken no later than 6 hours after the beginning of your work shift. For a variety of reasons, some employees prefer a shorter meal break. Therefore, we will permit a meal break to be shortened to 30 minutes as long as the length is consistent from day to day. Vacations Southern Tier Independence Center believes that all employees need vacation time for personal relaxation and refreshment and to provide a change from the activities of the workplace. Vacation is an earned benefit of permanent employment. It is accrued during the probationary period conditional upon that period's successful completion. Vacation is earned at the rate of one and one quarter (1 1/4) working days per month (i.e., the equivalent of 15 days per year) for each of the first two years, and one and two thirds (1 2/3) working days per month (i.e., the equivalent of 20 days per year) each year thereafter. A day is 1/5 of the hours worked in a week. No more than the equivalent of 40 days of vacation leave may be accrued at any time by an employee. Vacation leave may carry over from year to year as long as it doesn't exceed the 40-day limit. All requests for vacation time must be approved by the Executive Director. Approval is given on a first-come, first-serve basis, but such factors as staffing levels, seniority and length of advanced notice may be taken into consideration in granting requests for vacation time. Vacation pay may be paid in advance upon request with the approval of the Executive Director. Holidays Employees typically enjoy being with family or friends on popularly observed national and religious holidays; and, for that matter, the agency is closed on many of them. All permanent employees, therefore, will receive the following days off with pay: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day (or equivalent religious holiday). Additionally, Election Day and Washington's birthday are given as floating holidays (accrued in the months they occur) and must be used within one year of their accrual. (With approval of the Board of Directors, the Election Day floating holiday is usually taken on the day after Thanksgiving and the agency is closed on that day.) Holiday time can be taken off in the same manner as vacation, personal or compensatory leave, requiring the submission of a time-off request and permission from the Executive Director or other applicable staff. Some of these national or religious holidays may occur on a Saturday or Sunday. When this happens, the Executive Director will decide whether the agency will be closed on the Friday preceding or the Monday following. MEDICAL BENEFITS Health and Dental Insurance STIC offers health and dental insurance to all of its permanent employees. STIC covers the full cost of the health and dental plans for full-time permanent employees. Part-time permanent employees may also enroll in the health and/or dental plans but you must contribute a portion of the premium costs, determined on a pro-rated basis. Your share of the premium payments will be deducted from your paycheck. For example, if you work half-time, STIC will pay half of the insurance premium and you would need to pay the other half. Both full-time and part-time permanent employees may purchase coverage for family members, at your own additional expense to be paid as a payroll deduction. Details are explained to you when you are hired. If you should decide to apply for the health or dental insurance, you may be asked by the insurance company to furnish evidence of insurability. Workers Compensation (injuries on the job) Southern Tier Independence Center wants to have safe working conditions at its facility in order to prevent accidents or injuries. When there is an accident, it must be reported as soon as possible. Prompt reporting by the injured person, if able, or by witnesses is necessary to prevent further accidents and to be sure that the injured person receives all the benefits to which he or she is entitled. The amount of such benefits is determined by the Workers Compensation Board of the State of New York. Forms may be obtained from STIC's Fiscal Manager. New York State Disability (non-work-related injuries/disabilities) Sometimes an employee is unable to work for a long period of time because of an injury or extended illness. Southern Tier Independence Center provides benefits for the employee when this happens in accordance with the disability benefits law of the State of New York. Because the rules, benefits, and applicable laws change from time to time, this manual does not contain detailed information about it. Ordinarily, however, the agency endeavors to pay the difference between the disability allowance and full pay for as many days as a temporary disability continues, up to three months. If your condition continues but you still expect to be able to return to work, this period may be extended to six months with the approval of the Executive Director. Upon granting such an extension, the Executive Director will assess the agency's financial situation and determine whether or not STIC can continue to subsidize the disability payments. Early attention to disability claims is highly advisable. Forms may be obtained from STIC's Fiscal Manager. This benefit applies only to disability, illness or injury that is not related to work. RESOLVING WORK PROBLEMS GRIEVANCE PROCEDURES As in any other workplace, people at STIC are expected to maintain good communications with their coworkers and to try to work out constructive solutions to problems that may arise. It is recognized as well that it is best for workers not to bring their personal problems into the workplace in such a way that they will interfere with their work or the work of others. Nevertheless, in any organization there are bound to be disagreements about issues relating to work. Southern Tier Independence Center has a procedure to use if you ever believe that you've been unfairly treated. Before turning to this procedure, however, you should frankly explain your feelings to your supervisor. In most cases he or she will be able to help you resolve the problem satisfactorily. If not, you may appeal to a higher authority through the procedure outlined below. In no case will you be reprimanded for following this procedure in the event of a work problem. A. If your issues/concerns are not directly related to your work performance (such as a minor disagreement with your supervisor or another co-worker), you may choose to seek advice/assistance from STIC's Conflict Resolution Advisor. He/she will give suggestions on ways to informally resolve the issue and may also mediate discussions between you and the other employee if necessary. However, if he/she determines that the situation is more serious than you originally thought, he/she may ask you to bring the issue formally to your supervisor or Executive Director. Additionally, you may consult with the Conflict Resolution Advisor at any time during the entire conflict resolution process. B. If you have an issue/problem/conflict and wish to make a formal complaint, state your concerns in writing, on computer diskette or on tape to your supervisor. Your supervisor will meet with you to discuss your concerns and may also choose to interview other employees who are involved or may have witnessed the situation. You will receive your supervisor's decision and the reason for that decision within ten working days, either in writing, on computer diskette or on tape. If the conflict is with your supervisor, you may discuss the situation with another supervisor or go directly to the Executive Director with your concerns. C. Once you have discussed the situation with your supervisor, you may talk informally with the Executive Director. He or she will aid you in resolving the disagreement, guide you by offering suggestions, and do his or her best to help you resolve the disagreement. The Executive Director may choose to interview other employees if he/she feels that the situation warrants it and that they could shed light on the issues. Since this is informal, the Executive Director may not give a formal response to your situation. D. If you are not satisfied with the response from your supervisor and the informal discussion with the Executive Director, you may request a formal meeting with the Executive Director to explain the issues and to seek his or her formal decision. The Executive Director will meet with you to discuss your concerns and may also choose to interview other employees who are involved or may have witnessed the situation. You will receive a reply in writing, on computer diskette or on tape within ten working days of your meeting. E. If you are still not satisfied with the decision after working through the previous steps, you may wish to contact the Personnel Committee of the Board of Directors if you feel that the situation is still unresolved and warrants further attention. The Personnel Committee will under no circumstances accept such a contact unless the previous steps have been followed. If you choose to bring your concerns to the Committee, you should state your complaint in writing, on computer diskette or on tape, with a copy to the Executive Director. The Personnel Committee will discuss the matter with the Executive Director and with you. The Committee may also choose to interview other employees as the situation warrants. The Personnel Committee will report the matter to the Board of Directors whose decision shall be final. The Personnel Committee will endeavor to make its recommendation to the Board of Directors at its next regularly scheduled meeting. Ordinarily, a special meeting of the Board will not be called to deal with such a situation. The Board of Directors will respond to you in writing, on computer diskette or on tape within ten working days of their decision. F. If your conflict is with the Executive Director, you should still meet with your supervisor first. He/she will attempt to resolve the situation between you and the Executive Director. If this is not possible, or if the problem is very serious (such as an accusation of harassment, etc.) your supervisor may choose to take the matter directly to the Personnel Committee of the Board of Directors. You should never go to the Personnel Committee yourself in such circumstances, unless specifically asked to do so by your supervisor. It is advisable that an employee who wishes to follow this procedure for the resolution of problems avoid unnecessary discussion of the issue with other workers who are not involved in the situation. POLICY FOR PROHIBITING, PREVENTING AND REPORTING HARASSMENT Southern Tier Independence Center views harassment of any kind as totally unacceptable and reprehensible behavior requiring immediate and decisive action if/when it occurs. The diversity among humans is natural and valued by STIC, and harassment related to any aspect of diversity (e.g., race, class, gender, sexual orientation, culture, language, disability, ethnicity, etc.) will not be tolerated in any form at the workplace or while conducting agency business, even if at a different location (e.g. a fundraising event, conference, etc.). Harassment from customers, suppliers, consultants or other independent contractors working with the agency, and directed at employees, volunteers, consumers of the agency or visitors, also will not be tolerated. Both women and men can be the victims of sexual and/or other types of harassment. Harassment could include, but is not limited to: A. Distribution or display of "hate literature". B. Unwanted touching or contact of a sexual nature, including brushing against the body "accidentally" or a "friendly" pat, pinch or squeeze. C. Comments like "put out or get out". D. Pressure to engage in sexual activity as a condition of employment or promotion. E. Sexual or physical assault. F. Persistent and unwelcome advances and/or requests for sexual favors. G. Persistent, unsolicited and unwelcome sexual remarks, or any racial slurs or other derogatory comments about an individual's ethnic/cultural background, disability, etc. H. Persistent and unwelcome sexual, racial, cultural or ethnic jokes. I. Persistent and unwelcome offensive gestures or physical contact. J. Display or circulation of written material or pictures derogatory to either gender, different cultures, people of minority status, people with disabilities, etc. K. Personnel decisions based upon an employee's response to sexually-oriented requests or racial or other discrimination or motivations. L. Explicitly or implicitly making submission to requests for sexual favors, etc. a term or condition of an individual's employment, promotion, receipt of benefits, etc. It is the responsibility of every employee of STIC to see that no other employee, volunteer, visitor or consumer is subjected to any form of harassment. Should an employee become aware of the occurrence of such harassment, irrespective of whether the affected individual files a written complaint, it is the employee's responsibility and obligation to notify the appropriate staff person as described in the procedures below. Individuals who believe they are being subjected to harassment should make it absolutely clear to the alleged offender that the actions/comments, etc., are unwelcome and that they must stop immediately. The following procedures must be followed when there is any indication that sexual, racial or other harassment is taking place or may have occurred: A. An employee who believes he/she is experiencing harassment is very strongly urged to file a formal complaint (in writing, on cassette tape or computer diskette) with his or her immediate supervisor as soon as possible after the occurrence of the harassment. If the complaint concerns the immediate supervisor, the employee may report the problem to another supervisor or the Executive Director. If the complaint is against the Executive Director, the situation should be reported to your supervisor who will contact the President of the Board of Directors. If your supervisor is the Executive Director, then you should report it to the Program and Services Coordinator who will bring it to the President of the Board. B. If an employee is aware of an occurrence of harassment against or involving another employee, visitor, consumer or volunteer, but discovers that no complaint has been filed by the affected individual and that the individual is unwilling to file a complaint, the employee is still obligated to report the situation to a supervisor who will then inform the Executive Director. C. Immediately after receiving a complaint and/or becoming aware of harassment, supervisors will inform the Executive Director of the situation and circumstances, both verbally and in writing. If the complaint is against the Executive Director, the supervisors will immediately report it to the Program and Services Coordinator who will then contact the President of the Board of Directors. D. The Executive Director and other appropriate staff will investigate all harassment complaints. This will include, but not be limited to, interviewing the complaining party, supervisors, possible witnesses, and any other personnel necessary, to obtain sufficient factual information upon which to base a final decision. E. An employee, consumer, volunteer, visitor, etc. believed to be affected by sexual, racial or other harassment but who has not filed a complaint, will be contacted immediately to discuss the situation. If the individual contends that no harassment took place, the issue will be dropped. If, however, it is determined that an incident occurred, then an investigation will be conducted as per this policy. F. All employees will be expected to cooperate in any investigation. Failure to do so could result in disciplinary action or dismissal. Confidentiality will be maintained to the greatest extent possible, although there can be no guarantee that all matters will remain confidential during the course of an investigation. G. If at the conclusion of the investigative procedure it is found that harassment has occurred, the Executive Director will take immediate steps to discipline the employee(s) appropriately and implement any remedies necessary to insure that such an incident does not occur again. Such discipline may include but not be limited to one or more of the following: 1. A written warning in the offender's file 2. Requirement to attend training on sexual, racial and/or other harassment 3. Requirement to seek counseling 4. Placement on probation 5. Dismissal if warranted H. The affected employee will be advised by the Executive Director, and the supervisor who reported the occurrence, of the final results of the investigation. I. Every effort will be made to complete each investigation within ten working days of the initial report. J. The Executive Director will keep the Board of Directors apprised of the situation throughout the investigation, and will inform them of the final results. K. If the affected employee is dissatisfied with the results, he/she may bring his/her concerns to the Personnel Committee of the Board of Directors, once the Executive Director has rendered a decision. The employee must submit a complaint in writing, on computer disk or tape to the Committee and give a copy to the Executive Director. L. In the event that the accused is the Executive Director, the Personnel Committee of the Board of Directors will conduct the investigation, using the same steps as outlined above. They will report their findings and recommendations to the full board, which will render the final decision on the matter. If you have any questions about this agency policy or the procedure for investigating possible workplace harassment, please discuss it with one of the supervisors or the Executive Director. DISCIPLINARY PROCEDURES Southern Tier Independence Center insists that you maintain a good standard of work behavior on the job consistent with your job description and the provisions of this employee manual. In this way, consumers of the agency will be served properly, other employees will have a pleasant and safe place to work, and the agency will be run in the best way possible. If you do not maintain a good standard of work and of behavior on the job, the agency has to decide how bad the situation is and what to do about it. What the agency would like to do whenever possible is to help the employee resolve the problems and become a good worker again. Occasionally, the problem is bad enough that the agency must immediately terminate the employee who has not kept up a proper standard of work and on-the-job behavior. This happens when keeping the employee would probably mean danger to consumers or other staff members or a serious problem with the operation of the agency, or a violation of laws or governmental rules or regulations by which the agency is legally required to operate, or a serious violation of STIC's philosophy, values or code of ethics. If the problem is not as bad as that, the agency gives the employee a chance to improve, but the agency pays close attention to how the employee is doing. The supervisor of the employee and the Executive Director work together to try to solve the problem. If your supervisor thinks that you are not doing as good work as you should be or that there is some other problem with your work- related behavior, the first thing that will happen is that your supervisor will talk to you about the problem. If your supervisor considers the situation serious enough, he or she will issue an "oral warning" and suggest remedies for the situation. He/she will then make a written record of the talk and put it in your employee file. If the problem or a similar problem happens again within a month, your supervisor will talk with you about it again. If possible, the Executive Director will talk with you about it at the same time. This time, you will get a written copy of the warning and another copy will be put in your employee file. This is a "written warning". The warning will also specify some possible remedies for the problem and/or expected outcomes from the employee. If the problem happens again within two months, your supervisor will discuss the matter with the Executive Director. They may decide to tell you in writing that you may be dismissed from your job permanently if the difficulty happens again. This is a "second written warning." At this time, the remedies and outcomes will be restated in the memo so that the employee will have a clear understanding of what is expected. If the problem happens again within a year, your supervisor will discuss the matter with the Executive Director. Together they may decide to dismiss you from your job, permanently. It should also be pointed out that one or more of the warnings described in the above paragraphs, whether an oral or written warning, may be skipped to speed up the process; this will happen only if the problem is particularly serious or if it appears that the employee is unwilling/uninterested in cooperating to correct the situation. Also, if you already have received two written warnings for any reasons, and it becomes necessary for you to receive an oral or written warning regarding something unrelated to the other warnings within a year, this may also be grounds for immediate dismissal. If the situation is resolved promptly and does not recur, your supervisor, in conjunction with the Executive Director, may remove any mention of the problem from your personnel file. This is left to their discretion and may be influenced by: length of your employment, level of your cooperation to remedy the situation, previous record of warnings, other extenuating circumstances contributing to the incident/behavior. If you ever receive a warning, whether an oral warning or a written warning, you have the right to submit your comments/response in writing, on computer diskette or on tape within ten working days, for inclusion in your personnel folder. In such a response, you can explain or defend your behavior. At any time that you receive a written warning, you will be requested to sign the warning in acknowledgement that you have received it. When an employee signs such a warning, it does not mean that he or she agrees with what has been said in the warning. Written records of warnings will be withdrawn from the personnel folder of any employee when the employee presents clear and convincing evidence that the allegations made against him or her were inappropriate. Sometimes when a problem happens with the work or on-the-job behavior of an employee, it takes time for the supervisor to find out what really happened, but the problem might be serious enough for the agency to suspend the employee. If this ever happens to you, one of two things will occur: if the agency determines that you are not at fault, you will be put back at your job and paid for the time lost as if you had worked those hours according to your regular work schedule; if the agency determines that you are in the wrong, you will be dismissed from your job permanently and you will not be paid for any time other than the time that you worked plus the applicable accrued benefits. Sometimes when the supervisor notices a problem with the work performance of an employee, he or she may feel that the employee needs time to think about the difficulty away from job responsibilities. In such situations, the Executive Director, in consultation with the supervisor of the employee, may suspend the employee from his or her job without the employee losing pay. Such paid suspensions will in no event exceed five work days. DISCIPLINARY GUIDELINES When an employee fails to live up to standards of work expectations and of behavior on the job, the supervisor and/or the Executive Director must decide whether a warning is appropriate in an effort to restore the employee to proper performance or whether the situation warrants dismissal without notice. Items that May Result in Progressive Warnings Here is a list of the sorts of things that are cause for a warning on the first occasion and for progressive discipline on subsequent occasions. They are listed by category. This list is to provide a sampling of examples and is by no means comprehensive or complete. Problems with Dependability and Reliability Being absent more than the number of sick, vacation and personal leave days accrued without permission; stopping work before quitting time; leaving the job or leaving the agency headquarters during working hours without notification; taking time away from the job in addition to time allowed for meals and breaks; interfering with the work of other employees; using work time to do work other than work for the agency; numerous or long personal telephone conversations; not attending required in- service training or required meetings; habitual tardiness; returning late from lunch; failure to follow through on commitments. Problems with Substandard Work Performance Inability and/or unwillingness to do the job correctly; habitually submitting required paperwork late; unwillingness to follow recommendations to resolve problems; inaccurate paperwork, reports, etc.; incomplete statistical data collection/reporting; failure to meet major goals/objectives; failure to comply with major components of job description. Problems with On-the-Job Behavior Being discourteous to consumers or visitors; smoking anywhere other than places where the agency permits smoking; violation of STIC's policies as outlined in our employee manual/handbook; use of nicknames or familiarities toward consumers without their permission; harassment including verbal expression, inappropriate physical touching, and/or other actions; talking back to the supervisor or to others in authority at the agency; refusing to cooperate with the supervisor and other employees; carelessness that causes or might cause an accident or that might make the agency liable for damages; illegal manufacturing, distribution, dispensing, possession or use of controlled substances at the workplace as defined in our Drug Free Workplace Policy (see page 30); loafing on the job; treating co- workers, consumers, visitors, etc. in a disrespectful manner; sleeping on the job. Repeated warnings for any combination of offenses is also cause for progressive discipline. Items that May Result in Immediate Dismissal Here is a list of the sorts of things that are cause for dismissal without advanced warning. Remember once again that this is a list of examples and cannot include every possible reason for an employee to lose his or her job permanently. This is also by category. Because of the seriousness of taking such a step, only the Executive Director can fire an employee. If the situation is urgent, the supervisor may send the employee home. Problems that May Cause Danger to Consumers, Staff or Other Visitors Fighting or other violent behavior on the job (whether at agency headquarters or elsewhere); working when under the influence of alcohol or illegal drugs; damaging the property of the agency intentionally; carelessness or doing something deliberately that causes injury or is likely to cause injury to someone; making threats against the agency or its consumers, staff members, Board of Directors, etc.; bringing firearms or other weapons onto the property of the agency. Serious Problems with Work Behavior Affecting the Operation of the Agency Stealing; falsifying documents for reimbursement such as travel sheets, time accrual forms, etc.; removal of property from the agency or from consumers without authorization; misrepresenting the agency or its staff, consumers, etc., deliberately; walking off the job; refusing to do your job; being absent from your job for more than three consecutive work days without giving notification and/or getting approval; knowingly writing false information in the records of the agency or making false records; covering up mistakes or covering up faulty work; obstructing the work of the agency on purpose; using keys, equipment, or supplies belonging to the agency without permission; using confidential information gained by working with the agency without permission; making personal long distance calls and deliberately charging them to the agency; lying in your employment application/resume. Serious Violation of Laws/Regulations and/or of STIC's Values, Ethics or Philosophy Illegal manufacturing, distribution, dispensing, possession or use of controlled substances at the workplace as defined in our Drug Free Workplace Policy; threats to those in authority or colleagues or to consumers; taking a tip or personal payment for agency services from consumers; unethical, immoral or indecent behavior; intentionally violating the civil rights of a staff member or consumer; violating a consumer's confidentiality; physically, sexually or verbally harassing and/or abusing a consumer, staff person, or visitor to STIC; violating the confidentiality of another STIC employee (reading their personnel file without authorization, gaining unauthorized access to payroll information, etc.) MISCELLANEOUS POLICIES SOLICITATION AND DISTRIBUTION OR POSTING OF LITERATURE The policy of Southern Tier Independence Center concerning solicitation and distribution or posting of literature at the agency headquarters is designed to prevent interference with service to consumers. Each of the restrictions is intended to help us accomplish our goal of providing the best possible service for our consumers. People not employed by Southern Tier Independence Center may not solicit or distribute literature or post literature at the agency headquarters for any purpose at any time without the permission of the Executive Director. Any employee who is aware of a non-employee doing so is to report the matter to the Executive Director right away. An employee may not solicit or distribute literature anywhere on STIC property without prior approval of the Executive Director. Under no circumstances will an employee post political campaign literature favoring a particular candidate. Employees may post material on the bulletin boards of the agency only in keeping with the concerns expressed in the above paragraphs. No other posting of material is permitted on the property of the agency. The policy concerning solicitation, distribution, and posting applies unless a written waiver has been obtained from the Executive Director. HIRING OF RELATIVES Southern Tier Independence Center recognizes that in any workplace problems may occur in relationships between individuals. A particular example of this may occur when the people employed, in this case at Southern Tier Independence Center, are related to one another by ties of family, marriage, or affection. Southern Tier Independence Center does not assume that the development of personal relationships as described above among employees automatically causes difficulties, but it recognizes the potential for problems; therefore, it asks affected employees to have the same attitudes. Further, if a person is hired who has such a tie to another member of the staff, those affected will be advised to guard against allowing the relationship to interfere with the work of the agency. Out of concern for the civil rights of people who are employed at Southern Tier Independence Center or who may become employed at Southern Tier Independence Center, it should be noted that the decision to hire or not to hire an applicant for employment will not be made on the basis of factors such as marital status but upon the criteria of what is best for the agency and the qualifications of the applicant. Ordinarily, the hiring decision is made by the Executive Director. However, if such a decision presents a personal conflict or other conflict of interest, the Executive Director will consult with the Board of Directors before making a final decision. DRUG FREE WORKPLACE POLICY In accordance with state and federal laws and regulations, STIC is a drug free workplace. Employees may not illegally manufacture, distribute, dispense, possess or use controlled substances in the workplace. (In this case, workplace is defined as any location where the employee is conducting work including: consumers' homes, other organizations/agencies/businesses, etc. as well as STIC's premises.) Employees must report any criminal convictions for the illegal manufacturing, distribution, dispensing, possession or use of controlled substances within five days of the conviction. They must also notify the employer of the penalties for the conviction. Violation of this policy will result in either progressive disciplinary procedures or immediate dismissal, depending on the nature of the infringement. CHANGES TO THESE POLICIES This manual is published by Southern Tier Independence Center for the use of its employees. It is the property of the agency and is, therefore, subject to amendment and revision at the discretion of the Board of Directors of Southern Tier Independence Center. Your suggestions are welcome and should be submitted to the Executive Director of Southern Tier Independence Center. Amendments to this manual are ordinarily made upon recommendation of the Personnel Committee and must in any event be approved by the Board of Directors. INDEX A absence, employee calling in to inform the agency, 8 absent too much consequences for, 8 abuse of children must be reported, 9 of consumers, 10 of other employees, 11 affirmative action, 4 AIDS additional confidentiality requirements, 9 assistive devices as reasonable accommodation, 4 of consumers, 11 Association of Independent Living Centers in New York, 1 attendance, employee, 8 B banking time defined, 19 bereavement leave defined, 17 Board of Directors and harassment complaints, 25 defined, 2 final authority on severance pay, 15 may approve use of Election Day floater on the day after Thanksgiving, 20 must be informed of harassment complaints against the Executive Director, 24 must consult with the Executive Director on hiring decisions concerning the Executive Director's relatives or significant others, 30 penalties for making threats against, 28 procedure when Executive Director is accused of harassment, 25 role in grievance procedure, 22 role in harassment complaints, 24 role in revison of personnel policies, 32 role of, 2 will be informed of all harassment investigations, 25 C change of job, 13 changes to these policies, 32 CIL. See independent living center CILs. See independent living center code of ethics. See ethics compensatory leave not granted for unauthorized work at home, 12 compensatory time and maternity leave, 18 and paternity leave, 18 must be approved in advance by the Executive Director, 19 using more than 14 hours of, 19 complaint formal grievance procedure, 22 formal harassment, 24 of harassment, 24, 25 procedure if disasstisfied with results of a harassment investigation, 25 procedure if harassed individual is unwilling to file a complaint, 24 to Personnel Committee, 23 confidentiality and harassment investigations, 25 exceptions to confidentiality policy, 9 of consumer records and information, 9 conflict, 22 formal complaints, 22 of interest and hiring of relatives, 30 with the Executive Director, 23 Conflict Resolution Advisor, 22 consumer and harassment, 24 calling employees at home, 12 confidentiality of records and information, 9 consent for touching service animals, wheelchairs, assistive devices, 11 discretion when discussing, 10 friendships with, 12 information in consumer records, 9 information that cannot legally be released to, 10 non-emergency services to during non-work hours, 11 penalties for violating civil rights of, 29 refusing to serve, 11 relations with employees outside of work, 11 temporary employees hired to work with specific consumers, 6 consumer records, 9 contact with consumers, 11 continuing education and compensatory time, 19 defined, 7 in personnel records, 7 counties served, 1 D demotion, 14 dependability and reliability problems with resulting in discipline, 27 disciplinary guidelines, 27 disciplinary procedures, 26 dismissal, 27 for harassment, 25 for refusing to cooperate with harassment investigations, 25 for violations of drug free workplace policy, 31 grounds for immediate, 27, 28 resigning in lieu of, 18 substituting resignation for, 13 diversity defined, 23 drug free workplace policy defined, 30 penalties for violating, 28, 29 E elimination of positions, 14 emergency services for consumers during non-work hours, 12 employee compensation and benefits, 16 employee interactions ethics guidelines, 11 equal access, 4 communication access, 4 physical access, 4 program access, 4 equal opportunity, 4 ethics discipline for violating, 26 penalties for violating, 29 evaluations deadline for responding to, 6 defined, 6 disagreeing with, 6 mention of resolved problems in, 7 modification by supervisor, 6 never the first instance of notification of a performance problem, 7 Executive Director and probationary periods, 5 approaching about grievances against a supervisor, 22 approval required for attendance at continuing education, 7 automatically notified of employee sick leave by front-office staff, 16 can answer questions about the harassment policy, 26 can approve emergency work at home, 12 conflicts with, 23 determines when holidays occurring on Saturday or Sunday are celebrated, 20 discretion to recommend severance pay, 15 has discretion to pay employees for unused personal leave at resignation or layoff, 18 in relation to Board of Directors, 2 keeps the Board of Directors apprised of all harassment investigations, 25 may ask employees to contribute to the sick pool, 17 may extend payment of make-up salary to employees out of work due to disability, 21 may grant permission to take holidays off at a different time to part-time employees, 16 may grant waivers to the policy concerning solicitation, distribution and posting, 30 may require doctor's note for use of sick pool, 17 must approve all soliciting or posting or distribution of literature by non-employees, 30 must approve all uses of sick pool, 17 must approve bereavement leave, 17 must approve compensatory time, 19 must approve extended maternity leave, 18 must approve extended paternity leave, 18 must approve personal leave, 18 must approve solicitation or distribution of literature by employees, 30 must approve use of floating holiday time, 20 must approve vacation, 20 must approve work at home, 8 must be informed of all harassment complaints, 24 must consult with Board of Directors on hiring decisions involving his/her relatives or significant others, 30 must investigate all harassment complaints, 25 must receive work at home logs, 8 notifying about paycheck mistakes, 16 only person who can fire an employee, 28 procedure when accused of harassment, 25 provides permission to employees to review their personnel records, 8 provides written notice of layoff, 13 requesting leave of absence from, 14 responsible for disciplining employees who harass others, 25 role in disciplinary procedures, 26, 27 role in harassment complaints, 24, 25 role in scheduling employee work days, 8 role in suspensions, 27 will receive suggestions regarding changes to personnel policies, 32 F firearms cannot bring to work, 28 Fiscal Manager can explain disability benefits, 17 notifying about paycheck mistakes, 16 will provide NYS Disability forms, 21 will provide workers compensation forms, 21 full-time, 5 and family health coverage, 21 and health and dental insurance, 20 and meal breaks, 19 and personal leave, 18 and sick leave, 16 defined, 6 G gifts to employees, 10 grievance procedures, 22 H harass of consumers, 10 of other employees, 11 harassment, 11 by Executive Director, 23 defined, 23 discipline steps, 25 harassers and victims defined, 23 how to file complaints, 24 investigation of, 25 of others witnessed by an employee, 24 penalties for, 28 questions, 26 sexual, 24 training required for guilty employees, 25 hate literature form of harassment, 23 health and dental insurance, 20 hiring of relatives, 30 history of Independent Living, 1 HIV. See AIDS holidays, 20 and part-time employees, 16 defined, 20 on Saturday or Sunday, 20 I independent living training in, 7 independent living center comparative rates of pay, 16 definition, 1 Harlem, 1 independent living philosophy defined, 1 employees must uphold, 11 governs impression staff make on others, 8 informs STIC code of ethics, 9 limits assistance provided to consumers, 9 reasonable accommodations for employees, 4 requires fair wages for employees, 16 requires informal peer relationships with consumers, 11 J jury duty, 19 L labor laws unemployment benefits, 13 layoff defined, 13 leave, 14 bereavement, 17 calculating, 16 maternity, 18 more sick leave required than available, 17 of absence, 14 paternity, 18 personal, 18 sick leave and new employees, 16 use of unaccrued time without permission, 27 vacation, 20 leave of absence defined, 14 returning from, 14 log, work at home defined, 8 required, 8 M maternity leave defined, 18 requesting, 18 meal break defined, 19 medical benefits, 20 mission, 1 N NYS Disability and illnesses longer than ten work days, 17 and pregnancy, 18 disability benefits, 21 O orientation, 6 P part-time and family health coverage, 21 and health and dental insurance, 20 and holidays, 16 and leaves of absence, 14 and personal leave, 18 and sick leave, 16 defined, 6 irrelevant to permanent status, 5 paternity leave defined, 18 permanent employment, 5 personal leave defined, 18 Personnel Committee and harassment complaints, 25 and harrassment by Executive Director, 23 procedure when Executive Director is accused of harassment, 25 role in grievance procedure, 22 role in revision of personnel policies, 32 personnel records continuing education recorded in, 7 incorporating changes, 7 warnings in, for harassment, 25 warnings in, oral, 26 warnings in, written, 26 political campaign employees may not post or distribute literature on STIC grounds, 30 probationary, 6 employee, 4 period and vacation, 20 period, defined, 5 period, orientation and, 6 period, reasons for, 5 period, restarting for job changes, 13 Program and Services Coordinator role in harassment complaints, 24 R rate of pay and demotion, 15 and jury duty, 19 defined, 16 readiness for work, 8 reasonable accommodations for employees, 4 relationships with consumers employees may not require personal services, 10 ethics guidelines, 10 outside of work, 11 sexual, 10 resignation alternative to dismissal, 13 defined, 13 three consecutive days of absence without notice construed as voluntary resignation, 8 resolving work problems, 22 S service animals no touching without permission, 11 service data contained in consumer records, 10 severance pay, 15 sexual harassment, 24 sexual relationship with consumers, 10 sick leave and maternity leave, 18 and paternity leave, 18 and sick pool, 17 benefits and leave of absence, 14 criteria and procedures, 17 defined, 16 requesting use of sick pool in writing, 17 sick pool, 17 defined, 17 sign language interpreters for communication access, 4 required skill for all employees, 7 smoking by employees, 12 penalties for violating policy, 28 solicitation and distribution or posting of literature, 30 substandard work performance defined, 28 suicide attempts must be reported, 9 supervisor, 6 and performance evaluations, 5 and probationary periods, 5 automatically notified of employee sick leave by front-office staff, 16 can send employees home for serious improper conduct, 28 discussing disagreements with, 22 discussing evaluations with, 6 discussing suspicions of abuse or attempted suicide with before reporting, 9 informing about jury duty, 19 must give permission to staff to refuse to serve specific consumers, 11 penalties for talking back to, 28 role in disciplinary procedures, 26, 27 role in grievance procedure, 22 role in grievances against the Executive Director, 23 role in harassment complaints, 24 role in orientation, 6 role in recording changes in employee personal information, 7 role in scheduling employee work days, 8 role in supensions, 27 scheduling meal breaks, 19 suspensions with or without pay, for cause, 27 T temporary employment defined, 5 time off, 16 touching as harassment, penalties for, 28 form of harassment, 23 training, 7 V vacation and maternity leave, 18 and paternity leave, 18 benefits and leave of absence, 14 defined, 20 must be approved by the Executive Director, 20 pay in advance, 20 sick leave cannot be used for, 16 use of unaccrued time without permission, 27 values, 1 penalties for violating, 29 visitor and harassment, 24 penalties for harassing, 29 volunteer and harassment, 24 W warning, 27 dismissal without, 28 no dismissal without for permanent employees except in extreme circumstances, 5 oral, 26 progressive, 27 right to respond, 27 second written, 26 skipping oral or written, 26 written, 26 written, and harassment, 25 wheelchairs of consumers no touching without permission, 11 work at home, 8 work day `average work day' defined, 16 and part-time employees, 16 ending on time, 8 notification of use of compensatory time, 19 workers compensation benefits determined by NY State, 21 defined, 21 ORGANIZATIONAL ANALYSIS: WHERE IS YOUR CIL GOING? AND IS IT GETTING THERE? Ó1994 by Maggie Shreve, Organization Development Consultant ORGANIZATIONAL ANALYSIS: WHERE IS YOUR CIL GOING? and IS IT GETTING THERE? 1994 by Maggie Shreve, Organization Development Consultant Below are brief statements to be completed by you about your CIL. Definitions for key terms precede each statement. 1. VISION · something seen in a dream; · an object of imagination; · the art or power of imagination; · mode of seeing or conceiving; · unusual discernment or insight As a result of our CIL's vision and work, I see a community where: 2. MISSION · a body of persons sent to perform a service or carry on an activity Our CIL's purpose within this vision is to: 3. GOALS · the end toward which effort is directed (aim) OBJECTIVES · something toward which effort is directed (goal, aim) To fulfill our purpose and to realize our vision, our CIL has the following long-term goals objectives (permanent goals or goals which will take 3 or more years to accomplish): 1. ____________________________________________________ __________ ____________________________________________________ __________ 2. ____________________________________________________ __________ ____________________________________________________ __________ 3. ____________________________________________________ __________ ____________________________________________________ __________ 4. ____________________________________________________ __________ ____________________________________________________ __________ 5. ____________________________________________________ __________ ____________________________________________________ __________ 6. ____________________________________________________ __________ ____________________________________________________ __________ 7. ____________________________________________________ __________ ____________________________________________________ __________ 8. ____________________________________________________ __________ ____________________________________________________ __________ 4. ACTION · the manner or method of performing; · a thing or things done; · behavior, conduct; · often implies more than one step, is continuous is capable of repetition To reach our long-term goals/objectives, our center engages in the following actions on a regular basis (activities done daily, weekly, or monthly): 1) ____________________________________________ _______________ 2) ____________________________________________ _______________ 3) ____________________________________________ _______________ 4) ____________________________________________ _______________ 5) ____________________________________________ _______________ 6) ____________________________________________ _______________ 7) ____________________________________________ _______________ 8) ____________________________________________ _______________ 9) ____________________________________________ _______________ 10) ____________________________________________ _______________ 11) ____________________________________________ _______________ 12) ____________________________________________ _______________ 13) ____________________________________________ _______________ 14) ____________________________________________ _______________ 15) ____________________________________________ _______________ 5. STRATEGY · the science and art of employing the political, economic, psychological and military forces of a nation or group to afford maximum support to adopted policies in peace or war STRATEGIC · necessary to or important in the initiation, conduct or completion of a strategic plan Our center uses different strategies (methods or approaches) to conduct our activities and to reach our goals/objectives. Some of our strategies are: 6. POLICY · prudence or wisdom in the management of affairs; · management or procedure based primarily on material interest; · a definite course or method of action selected from among alternatives and in light of given conditions to guide and determine present and future decisions. Our center has developed policies to guide staff and volunteers in completing their work so that our vision, mission and goals will be realized over time. Samples of some of these policies include: 7. PROCEDURE · a particular way of accomplishing something or of acting; · a step in a procedure; · a series of steps followed in a regular definite order Certain procedures have been established within our center to ensure that we follow policies in reaching our goals, fulfilling our mission and realizing our vision. Examples of some procedures which facilitate goal accomplishment by our center include: 8. EVALUATION · the determination or fixation of a value · the determination of the significance, worth or condition of something, usually by careful appraisal and study To assess how well our center is doing in realizing our vision and fulfilling our mission, we should evaluate progress on our long-term goals/objectives. Here is how we should or do evaluate ourselves on each of the goals listed in number 3. GOAL HOW EVALUATED 1) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 2) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 3) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 4) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 5) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 6) ___________________________ _____________ ________________ ___________________________ _____________ ________________ 7) ___________________________ _____________ ________________ ___________________________ _____________ ________________ SELF-ANALYSIS: Where Do I Fit Into the Organizational Analysis? Name: ________________________________________ _______________ Title: ________________________________________ _______________ 1. I report to: __________________________________________________ (Title of your immediate supervisor or supervisions) 2. who reports to: ____________________________________________ (Title of your supervisor's supervisor or supervisors) 1. My responsibilities for program evaluation include (list all that apply): 4. I am expected to produce the following reports (list all that apply): 5. My authority over or for program evaluation could be described as: 6. We face a number of pressures for reporting which have a direct impact on our program evaluation methods. These sources and the pressures they apply include: Source of Pressure Evaluation Pressures Applied ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ 7. The problems I see with program evaluation in our center include: 8. The most important information we could possibly get form a superior program evaluation system would be (list 3 to 5 things, in priority order, you think are critical to knowing how effective your center is in relationship to your vision and mission.): 1) _____________________________________________ _________ 2) _____________________________________________ _________ 3) _____________________________________________ _________ 4) _____________________________________________ _________ 5) _____________________________________________ _________ 9. We could do a better job of program evaluation if (complete the sentence with as many points as you can): · _____________________________________________ ______________ · _____________________________________________ ______________ · _____________________________________________ ______________ · _____________________________________________ ______________ · _____________________________________________ ______________ 10. My personal values related to program evaluation include (list the things you value from a program evaluation system, whether the data is relevant or not relevant to your vision, mission, or funding source requirements): · _____________________________________________ ______________ · _____________________________________________ ______________ · _____________________________________________ ______________ Southern Tier Independence Center FIVE YEAR ADVOCACY PLAN 2002-2007 Southern Tier Independence Center FIVE YEAR ADVOCACY PLAN 2002-2007 CATEGORY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 A. Education Obj. A.1.a. Meetings are held with BOCES and school administrators, and school districts agree to include STIC staff as presenters in ongoing teacher trainings. Obj. A.3.a. A position paper is developed recommending appropriate policy, regulatory and legislative changes to promote and enforce inclusion in schools. Goal A.1. STIC staff will be presenters/trainers for teachers/administrators ongoing trainings. Obj. A.2.a. Resources are acquired to fund a part-time position to coordinate student peer mentoring project. Obj. A.3.b. Position paper is circulated to advocates, law/policy makers, the Board of Regents and key SED officials. Obj. A.3.c. Establish a work group to develop/implement strategies for achieving the goals in our position paper. Goal A.2. Implement a mentoring project which would match students with disabilities of all ages with youths or adults with similar disabilities in Broome, Chenango and Tioga Counties. Obj. A.3.d. Legislative sponsors are recruited and a bill is developed. Obj. A.3.e. A bill is introduced in the state legislature to change the education funding formula so that money follows students from segregated to inclusive settings. Goal A.3. State legislation is adopted which changes the funding formula so that money follows students from segregated to inclusive settings. B. Employment Obj. B.1.a. An agreement is reached with VESID allowing STIC to provide supported employment services to high school students in Broome, Chenango and Tioga Counties. Obj. B.2.a. A position paper is developed making recommendations for appropriate policy/regulatory/ legislative changes to effect transference of employment support funding from segregated to integrated programs. Goal B.1. Supported employment services will be available to high school students with disabilities in Broome, Chenango and Tioga Counties. Obj. B.1.b. STIC hires a part-time job developer to work with high school students. Obj. B.2.c. Legislative sponsors are found to hold public hearings on transferring employment services funding from segregated to integrated programs. Obj. B.2.e. Legislative hearings are held on issues related to transferring money from segregated to integrated employment supports and a report is issued on the results. Obj. B.2.f. Legislation is introduced which requires the money to follow individuals from segregated to integrated work settings. Goal B.2. State legislation is adopted changing funding distribution so that the dollars follow individuals from segregated to integrated employment settings. B. Employment Obj. B.2.b. The Disability Budget and Policy Coalition adopts transference of employment support funding from segregated to integrated programs as part of their advocacy agenda. Obj. B.2.d. The Statewide Systems Advocacy Network adopts transference of employment supports funding from segregated to integrated programs as one of their issues. CATEGORY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 C. Health Care Obj. C.1.a. A comprehensive Olmstead Plan is implemented statewide with the supports necessary to achieve successful deinstitution-alization of people with disabilities. Obj. C.1.b. STIC hires a half-time Integration Specialist to coordinate efforts to transition people out of institutions and into the community. Obj. C.1.c. A waiver for people with physical disabilities is fully implemented. Obj. C.1.d. Integration Specialist increased to -time. Obj. C.1.e. The EPIC Program is revised to cover people with disabilities as well as senior citizens. Goal C.1.: Achieve the goals of the Disability Budget and Policy Coalition (DBPC), the Statewide Systems Advocacy Network (SSAN) and Americans Demanding Access (ADAC). D. Commerce Obj. D.1.a. Assembly and Senate sponsors are found for Sovereign Immunity legislation. Obj. D.1.b. Assembly sponsorship is found for a Public Entities bill. Obj. D.1.c. Assembly sponsorship is found for a Public Accommodations bill. Obj. D.1.d. Senate sponsorship is found for a Public Entities bill. Obj. D.1.e. Sovereign Immunity Legislation is adopted. Obj. D.1.f. Senate and Assembly sponsors are found for a Public Accommodations bill. Obj. D.1.g. A Public Entities Bill is adopted. Obj. D.1.h. A Public Accommodations Bill is adopted. Goal D.1. Achieve the goals of DBPC, SSAN and ADAC. E. Social F. Citizenship Obj. F.1.a. STIC staff will develop a syllabus for a Binghamton University course on disability issues/rights/ philosophy. Obj. F.2.a. An advocacy network/ infrastructure is established with organized teams of trained consumer advocates available to address issues as they arise. Obj. F.3.a. Funding is established to hire a part-time paralegal. Goal F.1. The School of Education/ Human Development at Bingham-ton University will have disability issues integrated into all pertinent social sciences curricula. Obj. F.1.b. STIC staff will teach a Binghamton University course on disability issues/rights/philosophy. Obj. F.2.b. STIC's Systems Advocate becomes full-time. Obj. F.2.c. Consumers will be active participants on policy/planning boards in our service area. Obj. F.3.b. A «-time paralegal is hired. Obj. F.2.d. Sponsors are found for election reform legislation in both the Senate and Assembly. Obj. F.3.c. Paralegal is increased to -time. Obj. F.2.e. Election reform legislation is adopted which includes provisions for mandating accessible polling sites and voting machines. Obj. F.3.d. An attorney is put on retainer to assist with advocacy issues. Goal F.2. Achieve the goals of DBPC, SSAN and ADAC. Goal F.3. In order for the community to have a local resource to address disability rights issues/concerns, STIC will have a full- time paralegal on staff and an attorney on retainer. AccessAbility No. 66 Spring 2002 A newsletter of Southern Tier Independence Center Number 66 Spring 2002 Who Says You Can't Fight City Hall? By Maria Dibble WHAT'S INSIDE? Be Prepared 3 Wingspan Seeks Referrals 3 Buy-In Victory 4 OMRDD Guidelines off the Track 4 Building Code Compromise 5 Bruce is Our Darling! 6 Fuss Budget 7 2002 Disability Action Agenda 8 ADA Watch 11 Bush and the Promise Sneakers 12 Same Old IDEA 13 Nursing Homes Cited 13 Stop Telemarketers 14 AND MORE! About two years ago, disability advocates began a crusade to get a Medicaid Buy-In signed into law. After many protest rallies, press conferences, letter and phone campaigns, and closed-door meetings with legislators and the Governor's office, we now have one. Just six months ago, many said it wouldn't happen for years. Last year the NYS Codes Council adopted a new building code that significantly reduced the number of new apartments that would be usable by people with disabilities. We were told "the Codes Council has never reversed or changed their position on an issue" and it was suggested that we accept things and move on. Well, we didn't. There ensued more of those phone- calling and letter-writing campaigns, protests at Codes Council meetings (with activists taking over one meeting) and a compromise was reached. The Council changed their position, amended the code, and advocates had won another battle. Two major victories in three months: truly an amazing accomplishment! Those of us who worked so hard to achieve these things know how many months it took and how many times we had false hopes, moments of jubilation, and all too many deep let-downs. Were these complete and total victories, in the sense that we got everything we were advocating for? No. They seldom, if ever, are, but in both cases the end results achieved our primary objectives, and without the advocacy we'd have been in much worse shape. An hour ago I was still agonizing over what to write for this issue's editorial. It was late as usual and I had no inspiration at all. I sat at my computer and began to think about everything on my two-page list of "things to do". My mind went on overload and then went blank for a second. Then I realized, I've been so busy worrying about all the things yet to be done, the calls I haven't returned, the emails waiting for my attention, the reports that need to be written, etc., that I never took the time to celebrate our victories. So I ask you to celebrate with me. Reflect on the successes we've had just in the last few months. Think about the impact that a Medicaid Buy-in will have on the lives of our neighbors with disabilities, and about the disaster we just averted by getting the original Code Council decision changed. Remember where we were twenty years ago and dream about where we can be in two decades. We have come a very long way already. People with disabilities are taking back their lives, using their power and forcing public officials to see things our way. If you have ever said or thought, "You can't fight city hall," think again. Not only can we fight, we can win! AccessAbility March 2002 EDITOR IN CHIEF: MARIA DIBBLE EDITOR: KEN DIBBLE AccessAbility is published seasonally (Spring, Summer, Fall, Winter) by Southern Tier Independence Center. Letters, information, articles and ads are always welcome. Deadlines are February 15, May 15, August 15 and November 15. Our address is: AccessAbility Southern Tier Independence Center 24 Prospect Avenue Binghamton, NY 13901 Subscriptions Subscriptions are $10 per year (4 issues). Subscriptions are voluntary, but very much needed to help cover newsletter production costs. Use the form on the back to subscribe. Advertisements AccessAbility prints unclassified ads free for disabled consumers, unless they promote a for-profit business. For-profit businesses can advertise in AccessAbility, in Un-classifieds or a display ad, at our regular rates. Ask the editor for information. Reprints Any non-copyrighted information originating in this newsletter may be reprinted without permission. If you want to reprint an article or opinion piece, please credit AccessAbility and the author. Authorship All articles appearing in this newsletter are written by Ken Dibble unless otherwise noted. Generally, I get tired of seeing my name on every page, and I'd rather use the space for something more interesting. I do put my name on controversial stuff, though, so you'll know who to blame. www.stic-cil.org Find the Facts! Win $25.00! When did Bruce meet with David? The answer to this question is somewhere in this newsletter. All correct answers (as found in this newsletter), postmarked on or before April15, will be entered in a blind drawing. If your answer is drawn, you'll win $25! STIC staff, board members, and their immediate families or households are not eligible to win. Answer ______________________________________________________ Name _______________________________________________________ Address _____________________________________________________ City __________________________ State _______ Zip _______________ Phone ______________________________________________________ OUR LAST WINNER: Mary VanDamme of Utica SEND YOUR ANSWERS TO: STIC 24 Prospect Avenue Binghamton, NY 13901 In Memoriam: Sue Meineker by Sim Goldman On February 8, New York State lost one of our best, Sue Meineker, who died after post-surgery complications at Albany Medical Center. Sue was co-chair of the Americans Demanding Access Committee (ADAC), and was a superb advocate at the Troy CIL, and more recently, at the Albany CIL. Sue was a pleasure to work with, a joy to know, and led a life which exemplified independent living. She and her husband, Russ, really knew how to enjoy themselves and their circle of family and friends. Sue once told me that when she was born, doctors suggested to her mom that it would be more "humane" not to provide her with medical treatment and let nature take its course, due to her spina bifida. I think of Sue every time I hear someone pontificating about quality of life in the "right to die" debate, and am eternally grateful that Sue's mom had the courage and foresight to insure that her colleagues, friends, family, and the hundreds, if not thousands, who benefited from her advocacy, had the opportunity to know her. I will miss her very much. STIC and AccessAbility do not endorse any claims made by any advertisers in this newsletter. STIC Support Groups Parents Empowering Parents (PEP) Meets: Two Wednesday evenings per month 6:00 pm At: PAL Center, 45 Lewis St., Binghamton Contact:Jo Anne Novicky (STIC) 724-2111 sc@stic-cil.org Anne Rutledge (HRBC) 729-1295 Anne.Rutledge@omr.state.ny.us Lila Acker (parent) 775-4914 KACKER1@stny.rr.com For: Parents, family of kids with disabilities Notes: A light dinner is always provided; the PAL Center has a play area for children Traumatic Brain Injury (TBI) Support Group Meets: Every third Wednesday 11:00 am 12:00 noon At: STIC Contact:Nadine Olshefski 724-2111 sc@stic-cil.org For: TBI survivors, families, and friends Board of Directors STIC's annual Board elections were held in December. Congratulations to our new Directors and officers. Thanks to those departing for their service. Marybeth Gamba President Ediemarie Lind Vice-President Beverly Rainforth Secretary Ann Marie Reynolds Treasurer Dan Duncan Mike Elston Linda Giese Mary Haggerty Elsie Logan Milrene Smith Barbara Starchok Denotes a person with a disability STIC News Help STIC Be Prepared by Joy EarthDancer In light of events on September 11, we at STIC have been reviewing the procedures we would follow if a local emergency or natural disaster should occur. STIC participates in the Broome County Emergency/Disa ster Plan, which will be activated in response to any local or national emergency or disaster affecting our area. Beginning with Broome County Emergency Services, an established line of communication will speed information to each agency. The agency has its own plan with communication lines to consumers who need to receive services during natural disasters or emergencies. This brings us to you. STIC's responsibility is to determine who, among all the people we serve, will need services during an emergency or natural disaster. Here are the criteria: · You require regular medication or treatments that you cannot give to yourself · You have a limited supply of medicine that you take regularly · You require daily personal care · You know of no one who would regularly check on your well-being If any of these apply to you, please call Joy EarthDancer at 724-2111 (voice/TTY), or email her at cdpa@stic-cil.org, if you want to be included in the Broome County emergency response system. Please call soon. Although I hope this safeguard is one we will never use, we do need to be prepared. I look forward to hearing from you. The Afterglow The first annual Hometown Holiday Light Festival, organized by STIC and the Ross Park Zoo, was quite a success. It was our first year, we got a late start, and September 11 altered the priorities of many large donors, but despite it all, the event was well-attended and generated good income. Some 4,400 vehicles went through the park, carrying an estimated 20,000 visitors. STIC and the Zoo each received about $11,800 in net proceeds. This year's Festival will be even larger and more entertaining. We hope to see you there. SAILing, SAILing by Jennifer Ayala Every citizen is or will be affected by disability issues through personal experience, family members or friends. It is our mission to educate elected officials and our fellow citizens about issues that affect people with disabilities and to advocate for changes that will improve independent living. Everyone has abilities that are valuable to advocacy. Teamwork is the key to success. Here are some ways you can help SAIL: · Making signs · Writing letters · Sending emails · Making phone calls · Going to rallies · Participating in direct action SAIL Meetings will: · Help members become effective advocates · Provide an opportunity to share experiences and suggestions Come Be the Wind in Our SAIL! Workshops Guest Speakers Movie Night Pot-Luck Dinners Independence Celebrations And whatever else might come along! OUR COMMUNITY We've identified some advocacy issues that affect people with disabilities locally. Please mark the issue(s) that interest you as an advocate and return ASAP. Thanks again! C Snow Removal C Handicapped Parking C Personal Care C Transportation C Education C Other _________________________ - - - - - - - - - - - - - - - - - - - - - - If you'd like to come see what we are all about, please fill out this form and send it to: SAIL, c/o STIC 24 Prospect Ave, Binghamton, NY 13901 Name _______________________________ Address _____________________________ City ______________ State ____ Zip ______ Phone _______________________________ 724-2111 (voice/TTY) advocate@stic-cil.org Assistive Technology Center Now Taking Referrals for Children 5 and Older!!! by Darlene Dickinson Augmentative/alternative communication encompasses a wide range of both technology and techniques that make it possible for people with speech-related disabilities to communicate fluently and effectively. It can be used as a temporary support to promote verbal development, or as a permanent means of communication. Without augmentative/alternative communication, children with speech limitations cannot interact easily with their peers and often lag far behind in school. As you know from previous articles, the Wingspan Assistive Technology Center held its grand opening at STIC on November 27, 2001. Wingspan was created to address the needs of individuals with communication disabilities in the Southern Tier region. Our purpose is to provide augmentative/alternative communication assessments and follow-up services that best meet each person's needs. School districts with students who could benefit from augmentative/alternative communication assessments can contract directly with STIC for Wingspan services. Because we are located in the Southern Tier, we can also provide follow-up services as needed. For information about Wingspan services and rates: Contact: Angela Bevers (607) 724-2111 (voice/TTY) traid@stic-cil.org (put "Wingspan" in the subject line) News & Analysis Medicaid Goes On Sale! At long last, disability advocates have achieved passage of Medicaid Buy- In legislation in New York State. The Health Care Act of 2002 provides a limited buy-in as follows: People with disabilities who are employed and between the ages of 16 and 65 can participate. Those with incomes up to 250% of the federal poverty level, and "household resources" not exceeding $10,000, will be eligible for Medicaid and the personal care services, prescription drugs, equipment, supplies, and waiver services that it pays for. Currently 250% of the poverty level equates to an annual income of about $45,000 for an individual and $58,000 for a couple. "Household resources" are personal assets, not including a primary home and vehicle. In other words, the value of your house and car will not be counted against you in determining eligibility for the Buy-In. People whose incomes are below 150% of poverty will not have to pay anything for their Medicaid coverage. Those with incomes between 150% and 250% of poverty will be required to pay annual premiums of 3% of net earned income and 7.5% of net unearned income. For an individual earning the eligibility limit, this would translate to a monthly premium of about $100. People who are eligible for Medicaid because they get SSI can participate. People who are "medically improved" and thus not usually accorded Medicaid eligibility can also take part if they work at least 40 hours per month for at least minimum wage. While this is a good start, it is not the full Work and Wellness Act that advocates wanted and people with disabilities need. There are no provisions to let people buy into Medicaid at a higher premium level if their incomes exceed the cutoff. In New York City, where the average cost of living and personal assistance services is much higher than upstate, it is unlikely that this plan will really let many people with disabilities accept jobs that pay an adequate wage. People with disabilities should not be penalized for having productive careers that provide real economic security simply due to their need for long-term medical services, but under this program, workers may not be able to save money for retirement or big-ticket purchases. The program will not take effect until April 1, 2003. Meanwhile, large numbers of New Yorkers with disabilities will either lose, or be unable to take, decent- paying jobs. Finally, due to the way in which the Health Care Act was financed, using one-time tobacco settlement and Blue Cross conversion funds, it is not entirely clear that the state will actually have the money to start the program next year. The story of how this law was finally passed and signed revealed much about how our political leaders think. This is an election year. All of a sudden, in January, alleged deep, principled divisions between our elected officials that had prevented passage of the Buy-In and other bills all through 2001, suddenly vanished. Legislative leaders hustled behind closed doors with Pataki and put together a bill whose main purpose was to give wage increases to unionized medical workers, including personal care attendants, mostly in the state's largest cities. To his credit, Assembly Speaker Sheldon Silver insisted that a Buy-In, which was not in the original package, also be included, and dug in his heels on it. Pataki then agreed to include the Buy-In version from his 2001 budget proposal. At nearly the last minute, disability advocates were asked for input. They urged that the program allow people to remain eligible for Medicaid regardless of a nondisabled spouse's income or the amount of a person's dedicated retirement assets. Pataki refused to agree to this. Our people were also told that Pataki was demanding that there not be negative press coverage if the final package did not include everything that was in the original, much more generous, Work and Wellness Act. We believe that our representatives only said that credit for the achievement would be fairly assigned. A fair assessment of Pataki's role is that he was dragged kicking and screaming into this after more than 2 years of being hounded publicly by advocates and the press about why he was refusing to support such an obviously good idea. Sheldon Silver is the hero in this story, unaccustomed though he may be to that role within the disability community. OMRDD Eligibility Troubles? Last August, OMRDD released "guidelines" for determining eligibility for OMRDD services that are causing problems for New Yorkers with developmental disabilities. OMRDD said at the time that they wanted to be sure all their offices were following the same rules to decide who has a "developmental disability". However, the Governor's OMRDD 2002-03 "budget briefing booklet", released in January, implies that this is intended to cut costs. Whatever the reason, STIC and other agencies have seen the following problems: · People who were presumed eligible by OMRDD offices or programs are being told they are not actually eligible. · Specific disabilities such as muscular dystrophy, epilepsy, and some forms of autism and severe learning disabilities, are being automatically excluded. Sometimes the legal requirement that functional as well as medical/diagnostic issues must be considered is ignored. In other cases medically inaccurate diagnostic definitions and criteria are used. · Provider agencies are being asked or required to get and pay for, or do, their own eligibility evaluations, including psychological evaluations, even though eligibility determination is OMRDD's responsibility. · Long delays of up to several months in receiving eligibility decisions. · Requests from consumers, service providers, and agency administrators for written eligibility appeals procedures are being ignored. STIC advises agencies not to take responsibility for conducting or obtaining psychological or other evaluations, because this could make them financially liable for Medicaid expenses resulting from incorrect eligibility determinations. STIC asks any consumer, family member, service provider, or provider agency in New York State who has had these, or similar, problems, to contact: Maria Dibble (607) 724-2111 (voice/TTY) mdibble@stic-cil.org We are collecting data as a first step toward an appropriate resolution of this issue. Your information will be kept anonymous; only summaries will be provided to state or agency officials. Building Code Compromise Reached In December, disability advocates compromised with the Pataki Administration on the state building code, and declared victory. New York's old building code, which will be replaced this summer, required that in newly- constructed buildings with four or more residential units and an elevator, 100% of units had to be "adaptable". If the building had no elevator, 100% of ground floor units, but not less than 25% of all units, had to be adaptable. "Adaptable" meant the units could be made fully accessible when needed without much effort. For example, an adaptable bathroom had enough space for a person using a wheelchair to get in, transfer laterally from the wheelchair to the toilet, and move around the rest of the room. The walls around the toilet and bath/shower would contain blocking to which grab bars could be attached. Other adaptability features included a level entrance, wide doorways, and enough space in all rooms and hallways for a person in a wheelchair to maneuver. The Pataki Administration wanted to replace this with the International Building Code (IBC), which only applied to new buildings with 20 or more units. In such buildings, 2% of units had to be fully accessible, and the rest adaptable. However, the IBC standards for "adaptable" were much weaker than New York's old standards; they essentially only required wide doorways. The compromise finally reached between advocates and Pataki's aides removes several important requirements from the New York State building code. However, some of those requirements also appear in the federal Fair Housing Act and will still apply. In summary, the new combined requirements are that: "Adaptability" is required in all units in buildings that have 4 or more units and an elevator, and in all ground floor units in buildings with 4 or more units and no elevator. "Adaptability" means bathrooms must have blocking for grab-bars in the walls; bathrooms and kitchens must have enough maneuvering room for a person in a wheelchair to move around and use major appliances and plumbing fixtures; light switches, outlets, thermostats and other environmental controls must be accessible; all doors must be wide enough for a person in a wheelchair to get through, and there must be an "accessible path through the unit" a person using a wheelchair must be able to move through the apartment. Additionally, while neither the new NYS code nor the Fair Housing Act requires any fully- accessible units, under Section 504 of the Rehabilitation Act, in any buildings that have 5 or more units and are built with federal funds, at least 5% of units must be fully accessible. The upshot is that no upstairs units in buildings without elevators will be accessible (important for people of small stature); storage areas, laundry rooms inside apartments, and some windows will not be usable; and even bedrooms, dining rooms and living rooms could be too small for a person using a wheelchair once the furniture is in all things that were illegal under the old code. On the other hand, several advocates point out that these requirements were almost never enforced, so there are very few existing units that comply with them anyway. However, it may be no easier to get overburdened and understaffed federal agencies to enforce Fair Housing Act provisions than it was to get New York officials to enforce their own building code. What is clear is that advocates pushed the Pataki Administration back and overturned two bad Codes Council decisions the first that simply substituted the IBC for New York's code, and a second that substituted a "compromise" ordered by Pataki that raised the IBC full-accessibility requirement from 2% to 10% of covered units without changing its weak adaptability definition. Advocates can take pride in this, because they were told that such reversals had "never been done" and could not be done. And when all is said and done the result, arguably, may be little real change in residential accessibility for New Yorkers with disabilities. COMPARISON Building Code "Adaptability" Requirements ISSUE OLD NYS CODE NEW NYS CODE FAIR HOUSING ACT SECTION 504 Applies to New construction with 4 or more units New construction with 4 or more units New construction with 4 or more units New construction with 4 or more units No. units that must be adaptable Buildings with an elevator ALL Buildings without elevator at least one but not less than 25% REGARDLESS of floor location Buildings with elevator ALL Buildings without elevator ALL GROUND FLOOR units Buildings with elevator ALL units on floors reached by elevator Buildings without elevator ALL GROUND FLOOR units None (5% must be "fully accessible" to people with physical impairments and 2% must be accessible to people with visual or hearing impairments) Definition of "adaptable " ALL AREAS must have sufficient floor space, door widths and provision for conversion to usability, to enable compliance with ANSI access standards* All doorways, and one bathroom, must comply with ANSI access standards Accessible route through the dwelling; light switches, outlets, thermostats, and other ENVIRONMENTA L Controls must be accessible; reinforcement in (all?) bathrooms for grab-bars; (all?) kitchens and bathrooms must have sufficient maneuvering space; ANSI is sufficient but HUD can deem a state's requirements as "substantially equivalent" N/A ADAPT Traps DOH! New York's Battle for Integration Escalates New Yorkers with disabilities are growing more organized and militant in response to the state's ongoing refusal to stop promoting segregated programs and begin an orderly transition to freedom for people with all disabilities of all ages. The historic events of February 2002 began with a press conference on the 5th. in Albany, held by senior citizen and disability organizations. Together they urged the state to develop a comprehensive, effectively working plan to transition people with all disabilities of all ages out of segregated programs. Such a plan is often called an "Olmstead plan", after the Supreme Court decision that decreed that states that unnecessarily segregate people with disabilities are violating the ADA. New York's plan should include a new Medicaid waiver to provide community-based supports to people with physical disabilities; systematic outreach to people in nursing homes, group homes, and other institutions to inform them of their right to live in the community; goals and timetables for transitioning people out of segregated facilities; and more. At the press conference Bruce Darling, Executive Director of the Center for Disability Rights in Rochester, took some dollar bills from his left pants pocket, held them up, and said, "We're not asking for more money. All we want is for New York State to take the money out of one pocket nursing homes and other institutions " Here Darling moved the bills to his right hand and put them into his right pocket, then continued, "and put it in the other pocket integrated community services." He added that there are more than 130,000 New Yorkers in nursing homes, and tens of thousands more in other large and small segregated settings. National ADAPT leader Bob Kafka told the crowd that the main reason for "institutional bias" in Medicaid-funded services is campaign contributions from nursing home operators and public employee unions. A middle-aged woman in a wheelchair told how she was sent to a Rochester nursing home because she couldn't get adequate in- home supports, and was drugged to keep her quiet when she complained. Then a senior activist spoke eloquently of how her generation, which survived the Depression and won World War II, was being confined and forgotten in nursing homes instead of sharing their valuable experience with younger people. As a finale, Assemblyman Kevin Cahill announced he will introduce a bill to require the state's disability agencies to develop an Olmstead plan. The need for such a law is clear. A working group of disability activists had been meeting with state Department of Health (DOH) officials responsible for Medicaid-funded disability services for over a year to get a plan started. As Darling reported, " we had made virtually no progress. The transition project we asked for was not being pursued. They could not confirm whether they had drafted the Medicaid waiver we wanted. No official planning process had begun. Nothing had changed. We gave [DOH] a letter demanding that they give us a written response to our issues by February 5. We got no response..." Indeed, state officials had been telling activists, the media, and each other that New York was a "leader" in community- based services and there was no need for any such measures. So on Wednesday, February 6, about 200 protesters, many of them Independent Living advocates and consumers in town for some training, paraded through the Capitol Concourse and blocked elevators and escalators in DOH's Corning Tower to demonstrate why such measures are needed. The protesters, organized by Rochester ADAPT and led by Darling, chanted, "Our homes, not nursing homes!" and demanded a meeting with DOH Commissioner Novello. When she refused, they asked for the Governor's aide for health issues, David Wolner. Eventually, Wolner agreed to meet with Darling and a few others. ADAPT had been double-crossed by DOH before; at a protest last year, an official agreed to a meeting, the protesters dispersed, and then the official disappeared. So this time, Darling agreed to send a "runner" to tell the crowd to go home once the meeting started. Then the small group went to a meeting room to wait for Wolner. After 45 minutes of waiting, they returned to the Corning Tower. Since Wolner wouldn't come to them, the protesters went to him. Carrying signs and chanting, the crowd of 200 marched down the Concourse to the Capitol. Four people made it up to the Governor's floor before the State Police shut the elevators down. Four more walked, crawled, or were carried up the stairs, where they staged a sit-in. The crowd in the Concourse held a vigil, NYS Independent Living Council (NYSILC) Executive Director Brad Williams organized a press conference, and the group of eight occupied the Governor's waiting area, until 11:30 pm, refusing all demands to leave. At 11:30, still without the promised meeting, the eight people on the second floor, including Darling, were arrested and removed. Two days later, on February 8, Governor Pataki appeared at a senior center in Rochester to get some election-year publicity. Darling and about 25 others with disabilities got wind of the event. When the Governor began to speak, Darling stood up and challenged him. He said he'd been arrested in Albany two days before because the Governor's aide wouldn't meet with him. "I can see why," Pataki quipped. There followed a debate: Pataki tried to defend his administration by saying it was spending $5 billion a year for community-based supports. Darling responded, "It's not about money! We aren't asking for more money!" He explained that people with disabilities want the money moved from segregated programs to integrated ones, and repeated their demands for a new Medicaid waiver and a definite plan to transition people out of nursing homes. Pataki finally agreed to a meeting, and an aide approached Darling to reassure him that the meeting would happen because Pataki announced it publicly. So the protesters left. Once again, however, as soon as the pressure was off, the meeting promise disappeared. So ADAPT and NYSILC decided to send the Governor a Valentine's Day present. People from all over the state were urged to fax or email Valentine's Day messages to the Governor's staff reminding them of the promised meeting. This action started on the afternoon of February 13, and on Valentine's Day morning, Wolner called Darling and scheduled the meeting, then asked him to "please stop the Valentines." The meeting was held on February 27. Wolner told Darling that a federal planning grant would be used to hold regular meetings among a wider group of stakeholders, but would not commit to creating a formal Olmstead Planning Committee, nor would he commit to supporting a new Medicaid Waiver for people with disabilities. Through all of this, the Governor and his spokespeople continued to defend the state's record on deinstitutionalization. They said the state's annual expenditure of $5 billion for community- based services implies that New York is a leader in integrated services. They also cited the recently- passed Health Care Act, which increased wages for some homecare workers and included a Medicaid Buy-In, as indicators that New York is doing a great deal to assist people with disabilities to live and work in the community. Such claims are highly misleading. While NY spends $5 billion on "community-based" services, not all of them are truly integrated. It also spends at least $15 billion on institutional services. Virtually all of those services are unnecessarily expensive, because almost any person with a disability can live in their own home and participate in their community with the right supports, and those supports are almost always less expensive than an equivalent institutional setting. It does not appear that the Act's wage increases for homecare workers extend to those employed through the Consumer Directed Personal Assistance program (CDPA), which gives people with disabilities the freedom to hire and supervise their own attendants. And the Medicaid Buy-In, while a good thing, is not sufficiently generous to enable people with disabilities to build real careers or plan for retirement. In fact, it is less generous than buy-ins in other states and therefore does not demonstrate NY to be a "leader" in this field. The events of February 2002 are an occasion for great pride. NY's disability community demonstrated its power and determination to force meaningful changes in policy and practice. If you would like to add your strength to this growing and unstoppable movement, contact Jennifer Ayala at (607) 724-2111 (voice/TTY), or advocate@stic-cil.org. Budget Fuss: Pataki Does It Again As we've reported, Centers for Independent Living (CILs) like STIC had their state funding cut by $1 million for the current 01-02 fiscal year. Governor Pataki put this cut, which rescinded an increase that he and the Legislature had provided last year, in his budget proposal, where it became a bargaining chip for budget negotiations. However, those negotiations bogged down, and then our elected officials used September 11 as an excuse not to finish them. At various times during this process, all the principal leaders, and/or their representatives, expressed the belief that the cut was an "oversight" and would be restored. Even now, with only a month left in the fiscal year, the $100 million "pots" that the Assembly and Senate each got to divvy up among social service agencies have still not been fully distributed and are being touted by some leaders as a solution for the CILs. In light of all this, the state's office of Vocational and Educational Services for Individuals with Disabilities (VESID) graciously agreed to keep the CILs at level funding and put off the cut, if any, until next year. VESID can do this because CILs have a different fiscal year than the state; it's a cash flow thing. However, STIC has learned from reliable sources within the Pataki Administration that Administration officials were outraged that, as a result of VESID's actions, CILs "did not experience the impact" of the cut or have to lay off any staff during our current fiscal year, and that we might instead need to do so this October, right before Pataki stands for re-election. VESID, an agency within the Education Department under the independent Board of Regents, has, to our knowledge, always had discretion to make such decisions. So now it seems that this was no "oversight". The Pataki Administration specifically intended that CILs be cut perhaps, advocates speculated, as retaliation for publicizing Pataki's failure to support the Medicaid Buy-In that failed Republican US Senate candidate Rick Lazio campaigned on in 2000, and/or for our role in the public embarrassment of the Administration over what it thought would be a little-noticed amendment to the state building code (see page 5). Meanwhile, the same $1 million cut is in Pataki's CIL budget for 2002-03, and we are hearing the same noises about how the cut will be "restored". Actually, this year there is an additional $200,000 "cut", for a total of $1.2 million, because the new CIL in Cortland, started last year with a one-year Legislative Member Item ("pork barrel") grant, must also be funded. Without an increase in CIL appropriations, that cost will come out of the other CILs' budgets. The Mental Health Reinvestment Act, which is supposed to funnel savings from closure of mental health institutions into community-based services, is not funded at all in Pataki's proposed 02-03 budget. The proposed OMRDD budget will continue NYS CARES in 2002-03 with 978 new "residential opportunities" and 190 new "day services" "slots". These items are only for people on the NYS CARES waitng list, and in most cases, it has already been decided that the "residential opportunities" will be group homes. Day services are a bit more flexible; with the spread of the "Day Habilitation without Walls" concept, you may have some hope of getting integrated services there. We urge people who believe they are on the waiting list to make sure they're still on it. One of the nasty effects of OMRDD's August 2001 eligibility "guidelines" (see page 4) may be that a lot of people who thought they were on the list will find that they are no longer considered eligible for OMRDD services. Pataki also plans to fund NYS CARES for the current fiscal year (it wasn't in the "baseline/bare bones" budget) with a "deficiency budget". We aren't sure what the "deficiency budget" is, but presumably what Pataki proposed for NYS CARES for this year (identical to what he wants next year) would also be funded. OMRDD plans to continue the Self Determination pilot and, at last, implement the new Consolidated Supports & Services (CSS) waiver option to make Self Determination work more like it's supposed to. (The state Budget Division has approved CSS, so the next step is to issue a "rate". While this is progress, rate- setting can take as long as any other bureaucratic activity, so we won't predict when the service will actually be available.) We think this means that, even though no money is earmarked for new services outside NYS CARES and a few legally-mandated programs, if people submit acceptable Self Determination proposals, OMRDD is committed to funding them. The proposal also provides cost-of-living increases for many HCBS Waiver services, though apparently not for Medicaid Service Coordination. This won't be good news for people who were pressured to accept that service in order to get OMRDD- funded extended supported employment, because they'll have a hard time finding anybody who is willing to provide the service to them. And finally, Pataki claims to reduce institutionalization, but that may not be accurate. OMRDD will cut the number of people in "traditional developmental centers" by 164. But, they plan to put 60 people into a new institution for people with behavioral issues in Norwich, and another 40 into "special" institutions for people with "dual diagnoses" or other "needs". The total number of people who will be in institutions in 2002-03 is not clearly stated and may actually grow. New York State's 37 Independent Living Centers Disability Action Agenda 2002 1. OLMSTEAD IMPLEMENTATION The Supreme Court's 1999 Olmstead decision found that the Americans with Disabilities Act (ADA) requires states to serve people with disabilities in the most integrated setting possible. New York State still has thousands of people with disabilities in institutions that are more restrictive than necessary to meet their needs. There is no acceptable rationale for keeping people in segregated settings. Public policy should support the fullest possible independence, inclusion, and participation. Overall, it will cut government spending because integrated community-based supports are, on average, less expensive than restrictive, segregated programs. It will also stimulate economic development because people who live in their own homes within the community are more likely to get jobs, pay taxes and contribute to the economy. President George W. Bush made Olmstead implementation a cornerstone of his "New Freedom Initiative" and signed a subsequent Executive Order last year. The following steps should be taken to transition individuals from an institutional setting and promote community-based services: · Sign an Executive Order or Pass Legislation to Support Olmstead Implementation. Require all state disability service agencies to develop coordinated plans and timetables to comply with the Americans with Disabilities Act (ADA) requirement that people with disabilities be served in the most integrated setting appropriate to their needs. · Implement a Medicaid Waiver Program. Nationwide, over 80% of our Medicaid dollars ($41 billion) spent on long term care is in an institutional setting, leaving only 20% ($10.5 billion) for all community services. The money should follow the individual, not the facility or provider. It should empower people to make real choices within the community and turn recipients into taxpayers. This waiver must include funding for housing, assistive technology, personal assistance and/or safety monitoring at home or in any work or community setting, and other services to facilitate transition into the most integrated setting and maintenance of community living, including but not limited to "startup costs" to set up a household. It should permit variable levels of consumer responsibility for arrangement and oversight of services based on consumer preference. Waiver services must have statewide uniformity. Development of the waiver must involve input from people with disabilities and advocates. · Identify People with Disabilities Who Can Transition into the Community. Ask each state disability service agency to establish a process whereby they can identify the number of people with disabilities in their systems that can transition into a more integrated setting. · Transition at Least 1% of the Target Population into a More-Integrated Setting. Demonstrate a commitment to the process by achieving reasonable and immediate progress. · Expand Consumer Directed Personal Assistance Program. Continue to encourage all counties to provide the program with a choice of providers. Regulations must be drafted and approved with the input of the disability community to stop program in consistencies from county to county. This program allows the individual to have the freedom and choice to hire their own attendant. The State saves money because non-medical staff are trained and hired to do the work. In most instances, the attendants are paid at a higher wage scale, which can be spent within their communities. · Apply for Federal Real Choice Systems Change and Nursing Home Transition Grants. NYS DOH should reapply for the $40 million dollars available in Federal "real choice" and $15 million in "transition" grants. The proposal should include the involvement of people with disabilities and look to address any or all of the items listed above. 2. CIVIL RIGHTS/ADA The U.S. Supreme Court has been weakening aspects of the Americans with Disabilities Act (ADA) in favor of 11th. Amendment states rights. State employees no longer have the right to sue for monetary damages in Federal court as a result of the recent Alabama v Garrett US Supreme Court decision. This erosion was expanded in the Garcia decision from the Second Circuit Court. Action is needed to reinstate these rights for New Yorkers with disabilities. · Waive the State's Sovereign Immunity in ADA Cases. Pass legislation to restore the civil rights of State employees with disabilities by waiving the state's sovereign immunity in such cases. While disabled State employees can still sue for injunctive relief in Federal Court (i.e., get their job back or obtain a reasonable accommodation), most individuals need to retain an attorney on a contingency basis. They will be hard-pressed to find representation without this correction. In order to ensure integration, people with disabilities need public accommodations and government programs to be accessible. While progress has been made over the past ten years, there is a greater commitment needed by our State so that New Yorkers with disabilities have the opportunity to achieve equal opportunity in all aspects of society. · Pass Legislation Requiring that Public Accommodations be Accessible. New York law only implies some specific ADA requirements in regards to public accommodations. A public accommodations law will help ensure continuity of regulations for business owners and make compliance easier. · Pass Legislation Requiring All State and Local Government Programs to be Accessible. New York State's Human Rights Law extends many of the same protections to people with disabilities as the ADA. However, some of the provisions are only implied. This causes needless confusion for state agencies and localities. Putting the ADA's requirements for government into state statute will strengthen the law and help to lessen confusion. 3. HOUSING Less than 10% of all adults with disabilities are homeowners. Since many disabled individuals live below the poverty level, they often do not earn enough to qualify for a mortgage. The State needs to promote and expand existing opportunities to make the goal of home ownership more than just a "dream," but a reality for New Yorkers with disabilities. Expand the SONYMA "Home of Your Own" Project. The Office of Mental Retardation and Developmental Disabilities (OMRDD) has demonstrated success with this program for people with developmental disabilities. It provides information on mortgage products and grants to help individuals with low to moderate income qualify for a low interest mortgage as a first time homebuyer. This program can provide help with down payment assistance, closing costs, and environmental modifications, which are vital to people with physical disabilities. The Home of Your Own program should be expanded to include New Yorkers with all different types of disabilities. Promote HUD's Section 8 Homeownership Option for People with Disabilities. President Bush's "New Freedom Initiative" will encourage recipients of the US Department of Housing and Urban Development's (HUD's) Section 8 rental voucher program for people with disabilities to use up to a year's worth of vouchers to finance the down payment on a home. This benefit will be successfully leveraged to reduce dependency and develop "ownership" in the community, and help support local property taxes. "In 2000, there was not a single housing market in the country where a person with a disability receiving SSI benefits could afford to rent a modest efficiency or one-bedroom unit."1 In fact, on a national average, it required 98% of their SSI benefits to obtain such an apartment based on the Fair Market Rent. Expand the Senior Citizen Rent Increase Exemption (SCRIE). People with disabilities in New York City have difficulty finding and maintaining affordable and accessible housing. The events of September 11 have exacerbated this situation. Disabled New York City residents need the same protection from rent increases that are now provided for low- income senior citizens under the SCRIE program due to the demand for space and increased cost. Likewise, people who have been relocated to a hotel or shelter as a result of the disaster will eventually need to find and afford an accessible apartment when emergency management transitions out of the area. The State does not need to increase its homeless population. Provide Tax Credits to Encourage the Construction of Accessible Apartments. Offer developers a tax credit for the construction of accessible apartments per New York State's adoption of the International Building Code (IBC). This credit would extend to any fully accessible units beyond the requirement. 4. VOTING ACCESS On Election Day 1999, the Office of New York State Attorney General Eliot Spitzer teamed up with advocates to evaluate the accessibility of polling places statewide. The groups found difficulties in almost every county. A February 2000 Federal Court decision mandated that counties must ensure that polling sites are accessible. The events surrounding Election Day 2000 only proved to highlight the further need for election reform. · Amend New York State Election Law  4-104. Specify that counties are responsible for guaranteeing the accessibility of polling places and for providing basic accessibility guidelines to ensure consistency and encourage substantial compliance at polling sites and with voting machines. · Provide Matching Funds to Counties for Accessible Voting Machines. Provide a matching fund program for counties over a period of five years to assist them in making their voting machines accessible to all citizens. Funds would be provided to counties that can verify that the path, entry, and space inside every polling place is fully accessible. 5. TRANSPORTATION The passage of the ADA helped to increase access to various modes of public transportation. However, the State still needs to promote and encourage alternatives that address gaps in service or coordination. · Encourage Innovative and Integrated Transportation Initiatives. Under the "New Freedom Initiative," the State should apply to the US Department of Transportation for both the Innovative and Competitive Matching Grant Programs. The first program looks to fund pilot programs that demonstrate innovative approaches to overcoming the transportation barriers still faced by Americans with disabilities. The second program offers a competitive match to better integrate Americans with disabilities into the workplace by promoting a network of alternative methods of transportation, such as the purchase and operation of specialty vans, ridesharing activities, community assessment planning, and the extension of existing transportation resources. 6. CIL FUNDING Centers for Independent Living (CILs) will require a $2.2 million increase in FY 2002-2003 to achieve level funding. In 2000, the NYS Legislature prioritized a $1 million increase for the statewide network of CILs. Governor Pataki supported the increase and mentioned it as one of the many achievements in his budget news release dated May 5, 2000. Unfortunately, the Governor did not include this increase in the Executive Budget recommendation for 2001 and 2002. Governor Pataki also signed legislation last session to establish the Cortland County center as the 36th. CIL without providing the base funding of $200,000 per year in his Executive Budget for 2001 and 2002. In addition, the NYS Education Department/VESID submitted a Department Request that included $500,000 for the previous FY to keep the statewide network of CILs current with the cost of living. Another $500,000 is required for the upcoming fiscal year. · Provide a $2.2 Million Dollar Increase to the CIL State Appropriation. Failure to provide the 2.2 million dollar increase will decrease each center's contract by $34,285 per year. Cost of living will further erode each center's purchasing power and service capacities by another $28,571. This will reduce each center's service capacity and ability to meet the needs of over 2,000 people with disabilities statewide each year by eliminating 52 center staff from across the State. CIL services allow people with disabilities to actualize independent, integrated, and productive lives within the community. This results in significant cost savings to taxpayers. Real savings are obtained by avoiding services in more restrictive settings. Typical examples are described below. · An elderly man who uses a wheelchair was facing life in a nursing home. Instead, the CIL helped him to find an accessible apartment and provides ongoing peer counseling and advocacy services at a total annual cost of $268. He also receives an annual HUD rent subsidy of $2,712. Annual Savings: $47,916 · A CIL advocated in court for a woman who was facing commitment to a state hospital. She was released and returned to living independently in her own apartment with ongoing peer support services, at a cost of $500. Annual Savings: $137,000 · A CIL provided information and advocacy services to a family whose child was facing discharge from a Home and Community Based Waiver. Without waiver support, the child would be placed in an in-patient psychiatric unit. The parents successfully appealed the discharge. After Medicaid Waiver costs of $40,000, plus CIL costs of $1,000: Annual Savings: $96,500 · Due to inefficiencies in local service systems and her own limited self-advocacy skills, a woman who left a nursing home was experiencing difficulties in obtaining suitable personal assistance and physical therapy services. She was in danger of being returned to the nursing home. CIL advocates provided ongoing advocacy and skills training, and helped her win a Fair Hearing and remain in her home with appropriate supports for a total cost to the CIL of $7,000. After homecare costs of $16,000: Annual Savings: $23,000 ADA Watch In October 2001, over 150 advocates participated in a caucus in Albany to develop a comprehensive agenda for people with disabilities. The group prioritized the following issues as being vital to the independence and economic self-sufficiency of the 3.7 million New Yorkers with disabilities: Olmstead Implementation, Civil Rights/ADA, Housing, Voting Access, Transportation, and CIL Funding. There were several interesting developments in the legal history of the ADA over the last few months: We described this case last issue: Williams got carpal tunnel syndrome while working in an automobile plant. Toyota gave her a different job that she was able to do, but later assigned new duties that she was unable to carry out due to her disability. What happened next is in dispute, but eventually Williams was fired. The legal arguments in her case hinged on whether Williams' limitations were broad enough to be a "substantial limitation in one or more major life activities" and so qualify her as a person with a disability under the ADA. The Supreme Court's ruling was a setback for Williams, but not the final word. The federal Appeals Court, incorrectly as we understand the law, found that Williams' inability to perform a "class" of jobs that involved substantial lifting or bending of her arms was enough to meet the definition, and ruled in her favor. The Supremes, correctly as we see it, said that doing a "class" of jobs is not a "major life activit y". They overturned the Appeals Court's decision, but ordered that court to reconsider whether Williams' disability actually does affect major life activities. Conceivably, it may; if she also can't do important self-care or child-care tasks, for example, she would be covered. Disability activists had different takes on this case. Some saw it as an injustice that Williams was fired after having first received a reasonable accommodation and then having had it taken away from her. Others, including us, focused on the fact that this was a bad "test" case and should never have been brought to the Court. Steny Hoyer, a Democratic Congressman who was deeply involved in getting the ADA through the House, probably had the best response. He said the Supreme Court has been continuously misinterpreting the "intent of Congress" in ADA cases. In his view, Congress intended that the ADA definition of disability should be broadly interpreted, and he pointed out that the ADA also contained provisions protecting people who do not have disabilities at all but experience discrimination merely because an employer thinks they do, provisions that the Supreme Court has all but struck down. For these reasons, he said, Congress should rewrite the law to clarify what was intended. The NY Times, not usually an enthusiastic ADA supporter, printed an editorial that said essentially the same thing. However, we've heard no news suggesting that anyone else in Congress is taking this idea seriously. Does Title II Apply to Local Government? Here's one that will probably turn out okay. In Gorman v Beasley, Gorman was a wheelchair-user who was injured by the Kansas City, MO police while being arrested because the police didn't use proper equipment to transport him. The city was ordered to pay punitive damages of $1.2 million to Gorman. Even the Supremes' Garrett decision says explicitly that Title II definitely applies to local governments, because, unlike state governments, the Constitution does not provide immunity from lawsuits to them. No Waffling on EEOC In EEOC v Waffle House, Inc., the Supreme Court found that a labor agreement that requires employees to submit grievances to arbitration does not prevent the federal Equal Employment Opportunity Commission (EEOC) from taking separate action to enforce the ADA, including seeking compensatory damages, on behalf of such an employee. This is a positive development. DOJ $%@&*@s the Pooch Despite President Bush's rhetoric on disability rights, his Department of Justice (DOJ) has taken an action that may limit the right of people with disabilities to use service dogs in public places. The ADA prohibits public accommodations from denying access to service dogs in all but a very few situations. DOJ regulations implementing the ADA, and "guidance" for those regulations, have always said that operators of public accommodations can ask people accompanied by dogs if they have a disability and if the dog is a service animal. Recently, however, DOJ changed its "guidance". The Department's publication, ADA Business BRIEF, now states, "Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform ", and goes on to say that the operator may use the answers to decide whether or not to let the animal in. This seems like a small change. It is legitimate, after all, to keep people from bringing ordinary pets into a business. However, there are two big problems here. First, one's disability may be confidential. People with seizure disorders, for example, may use dogs who provide assistance during seizures. There is a long history of misunderstandings and prejudice surrounding seizures. Many people with this disability have found that the only way they can get fair treatment is to keep the nature of their disability secret. Having to explain exactly what the dog does may reveal the secret and result in discrimination. The second problem is that this new language may give operators the idea that they can decide whether a person with a disability will really "need" the dog in their facility. For example, someone who uses a service dog to pull a wheelchair may be told, "We don't want the dog in here, but we'll find somebody to push you." The ADA says people can't be required to accept assistance they don't want in order to access a public accommodation. The only reason a facility operator can ask questions about dogs is to keep people from trying to pass off pets as service animals, not so they can decide whether a real service dog is needed by a person with a disability. Advocates say some operators already try this tactic, which is still illegal, and that DOJ's new "guidance" will confuse the issue. Promises, Promises Following a 2-month delay due to the September 11 attacks, in December the Bush Administration finally released its report on the President's Executive Order to ensure swift implementation of the Supreme Court's Olmstead decision. The Olmstead decision says it is illegal discrimination under Title II of the ADA for state governments to serve people with disabilities in situations that are more segregated than absolutely necessary. New York has responded to the Olmstead decision by defending its record on deinstitutionalization and insisting that it doesn't need to make any changes. The June 2001 Executive Order directed Health and Human Services (HHS) Secretary Tommy Thompson to coordinate a massive effort by every federal agency involved in disability policy to identify barriers to community living and suggest ways to remove them. It also ordered federal civil rights bureaus to "fully enforce" Title II. The report summarizing the agencies' findings is entitled Delivering on the Promise: Preliminary Report of Federal Agencies' Actions to Eliminate Barriers and Promote Community Integration. Each agency will issue its own, more detailed, reports and plans in the near future. The real action will be in those plans, so it probably doesn't pay to devote much attention to this report, but here's a brief description: The report pretty accurately describes barriers in the areas of: health care structure and financing; housing; personal assistance; caregiver and family support; transportation; employment; education; access to technology; accountability and legal compliance; public awareness; income supports; gathering, assessment and use of data; and cross-agency collaboration and coordination. However, most of the proposed solutions don't look that great. As we said last fall (see "Bush Speaks: The Olmstead Executive Order"), the Executive Order was hamstrung by requirements that all actions fit within the constraints of the Administration's budget proposals, and that enforcement efforts emphasize "cooperation", mediation, and technical assistance rather than a get-tough approach. So, Delivering on the Promise delivers that approach. There are no calls for new legislation, such as MiCASSA, that would make real changes in Medicaid, Medicare, or other disability-related programs. All the enforcement plans emphasize mediation or simply "encouraging" states to comply. The Departments of Justice, HHS, and Housing and Urban Development promise to devote "more resources" to enforcement, but it's hard to see how they can, because no funding increases are proposed beyond what is already in Bush's current budget. There are several ideas to make personal assistance services more flexible and available, but all are limited "pilot" projects to "further study" things that have already been demonstrated to death and are known to work. The transportation proposals are about having agencies operate more "special" vans, instead of pursuing integrated accessible transportation. The Social Security Administration's section is focused on promoting their "Ticket to Work" program and their new initiative to actually train their staff to correctly follow their own work incentive regulations. The employment section does contain a clear statement in support of the new voc rehab regulation that eliminates sheltered employment as a successful outcome. ADAPT, the national disability rights organization, noted that the plan does not include any of their recommendations, such as creating a single cross-disability agency to control disability policy and resources; specific goals and timetables for each agency; reform of policies on "risk" to clarify that citizens with disabilities, not government agencies, are responsible for their own lives; and more. They staged some demonstrations shortly after the report came out, and we expect more of the same if the individual agency reports don't take a more serious approach. Is the Bush Administration truly "delivering on the promise"? Well, the fine print reveals that they didn't really promise much to begin with. This is a real civil rights issue, and it will take a real civil rights movement, with all the messy variety, unpredictability, and occasional discomfort and danger that such a movement entails, to bring real change. Good IDEA Beats Bad IDEA Some members of Congress have been trying to amend the Individuals with Disabilities Education Act (IDEA) for nearly a year (see our Summer and Fall 2001 issues). Despite a Congressional study showing no factual basis for doing so, right-wingers in both the House and Senate promoted amendments to gut IDEA's requirements that schools educate students whose disabilities involve behavior problems and that they follow due process when disciplining them. Last summer, US Education Secretary Rod Paige stepped into the fray, urging a Congressional conference committee to drop the amendments because the Administration preferred to conduct a thorough review of IDEA when the law comes up for reauthorization. We can now report that the amendments have been killed. Congress also agreed to Paige's other request, which cited concerns about excessive placements of minority children in special education, that language requiring full federal funding of IDEA's mandates on school systems be dropped. This is puzzling because one important feature of President Bush's New Freedom Initiative on disability policy was that IDEA be fully funded. Local Nursing Homes Cited, Fined According to the Binghamton Press & Sun-Bulletin, 3 local nursing homes were cited by the state Department of Health (DOH) for serious violations in 2001; for two facilities, fines were levied or are under consideration. Chenango Memorial Hospital's Residential Care Facility in Norwich was fined $4,000 for incidents in which five residents did not receive treatments that had been ordered for decubitus ulcers ("bed sores"). Bed sores were also the issue at Riverview Manor in Owego in April, where eight residents were "harmed". DOH officials said that fines were being considered in this case. River Mede Health Care and Rehabilitation Center in Binghamton was cited for an incident in which the same resident fell five times in five days. DOH said the facility had not taken appropriate action to prevent the falls. DOH spokesman Robert C. Kenny told the Press & Sun-Bulletin that the Norwich and Binghamton facilities are now in compliance. Election Reform In New York State, advocates have expressed serious concern that a new voting machine being promoted by legislative leaders as the answer to the types of problems that were revealed by the 2000 presidential election is actually inaccessible to people with disabilities and more expensive than another, fully accessible machine that elected officials have so far ignored. This year's CIL Disability Action Agenda addresses the issue (see page10). On the federal level, in late February attention was focused on Senate Bill S. 565, the Equal Protection of Voting Rights Act. It contained specific provisions requiring the federal government to develop uniform standards for voting procedures and technology, including accessible voting machines and polling places, before the 2004 election. Several amendments were proposed to strengthen the bill. One, however, would have exempted municipalities with fewer than 50,000 people from the requirement to buy accessible voting machines. It was hoped that this bill, if passed, would serve as the basis for a strong final joint House-Senate voting reform law. Research Backs Integration The federal Research and Training Center on Community Living has compiled some interesting information about people with developmental disabilities in the United States. The picture painted by the Center's April 2001 MR/DD Data Brief does not surprise Independent Living advocates, though. For example, 78.6% of adults with developmental disabilities have never lived anywhere but with their relatives. What does this mean? A variety of things: For one thing, people with all types of developmental disabilities are having trouble establishing their own households. Only 6.7% of them live with a spouse, and 73.3% have never been married. This might be why over 27% say they "would like to engage in more social activities than they are currently." On the other hand, this information strongly supports disability advocates' view that people with developmental disabilities do not need special residential facilities. The Center's data also support our belief that those placed in such facilities are there not because they want to be there or because their families want them there, but because it's the only place where most state governments will provide the services they need. According to the Center, "The largest unmet need, reported by 10.1% of all adults with MR/DD (an estimated 151,390 people), was not a specific 'type' of service or program, but rather assistance with instrumental activities of daily living (eg., shopping, cooking, managing money)." Of those who said they needed assistance, 35.8% tried to hire somebody to help them but couldn't, and 16.7% said they had help at one time but lost it for some reason. Another indication that support is lacking for families that want to stay together is the fact that, "One in three children and adults under 25 years old with MR/DD live in households with a single parent (33%), a substantially greater proportion than [those] without MR/DD (22%). Amost all of the single parents were mothers." Time and again we at STIC have seen the combination of a child with a developmental disability and a lack of reliable and comprehensive in- home supports result in divorce and spousal abandonment. Nothing short of a planned, phased, and complete redirection of all MR/DD resources toward integrated individualized options can solve these problems. Self Help Issues & Answers Leave Me Alone, Already By Sue Ruff I have heard the frequently cited complaint, "Why do they bother me with all this junk mail and credit card applications and phone calls at dinner?" Most people feel free to throw junk mail away in the recycling bag and hang up on the telemarketers. However, some people are lonely or excessively polite. Some people feel obligated to respond or are easily talked into getting things they don't really want or need. Some families want to help family members who are living alone not to become the victims of scams or become poorer. Some people are struggling with credit card debt, but order items with long and expensive payment plans attached. Here are some phone numbers and an address to write to if you are interested in reducing some of the carnival-barker- like come-ons that swamp us: Call 1-866-622-5569 to have your name placed on the "Do Not Call" registry There are some exceptions, but this will prevent most telemarketers from calling you at home. Call 1-888-567-8688 to opt out of receiving pre-screened credit card applications Write to: Direct Marketing Association (DMA) Mail Preference Service PO Box 9008 Farmingdale, NY 11735-9008 to have your name and address removed from the junk mail lists (We received this information from Sally Castle at the Office for Aging.) Everyone likes to get cards and letters from loved ones and while email has been an easy way to stay in touch for those who have internet access, the real thing a letter or card you can hold and read or laugh at is a pleasure to receive. I look forward to a newsletter each month from a community in which I used to live. Attached to it I always find a little sticky note with a couple lines from the friend who sends this newsletter to me. She usually puts a tiny flower sticker in the corner of the sticky note and the messages, though short, are so pleasant and thoughtful, that I still feel connected to her and other old friends. If I had only junk mail all month (in addition to bills), I might want to order all kinds of things, too. Deaf News Deaf Club Social and Fun Only American Legion Post 80 76 Main St., Binghamton March 2 St. Patrick's Day 5:00 pm - 10:00 pm April 13 Easter Dinner 5:00 pm - 10:00 pm STIC 4th. floor 24 Prospect Ave., Binghamton May 11 Meeting 6:00 pm - 9:00 pm TBA (someone's house) June 8 2 pm to dusk Hi! I'm Linda Greeno and I'm your new Deaf Service/Peer Counselor at STIC. I will be working for 15 1/2 hours a week: Tuesdays 9:00 am 12:30 pm Thursdays 9:00 am 5:00 pm I'm a part-time student attending Broome Community College. I'm very busy keeping up with work at STIC and homework/studying for BCC. When you call STIC to leave a message, please always leave your phone number so we can call back faster. Don't assume we have your phone number or you won't hear from us! STIC also has a new secretary; her name is Ronda. It is her job to transfer your phone call to the right person. Please do not complain or tell her your life story. Ronda does not have time to chat or listen to you. For faster and easier service, leave me a message. Ask Ronda the secretary for Ext. 311 for Linda Greeno. You can also leave Interpreter Services messages for Carrie Watkins- Smith, Ext. 314 (TTY only) and 338 (voice only). What is the most easy and fastest way to contact us?!? Email! Linda Greeno (Deaf Services) deaf@stic-cil.org Carrie Watkins-Smith (Interpreter Services) interpreters@stic-cil.org Email is available 24 hours 7 days a week. We check the mail when we arrive at the office. Thank you! D.E.A.F. 3rd Thursday of every month 5:30 get acquainted 6:00 meeting start MEETING CONDUCTED IN ASL ONLY R peer support R peer and community education and advocacy Unclassifieds FOR SALE: '98 Chevy Cavalier with hand controls, automatic; about 50,000 miles. Asking $7,000. Ruth/Don Mueller; 797-8453. PENN-YORK MEDICAL SUPPLIES AD This newsletter is also available in large print, on cassette, and online, at: www.stic-cil.org 24 Prospect Avenue Binghamton, NY 13901 (607) 724-2111 (voice/TTY) (607) 722-5646 (fax) email: stic@stic-cil.org NON-PROFIT ORGANIZATION U.S. POSTAGE P A I D BINGHAMTON, NEW YORK PERMIT NO. 126 If you would like to support STIC, please use this form. Minimum membership dues are $5.00 per person, per year. If you want to be a member, you must check one of the first five boxes and the "Make Me a Member" box. NEWSLETTER SUBSCRIPTIONS DO NOT COUNT AS MEMBERSHIP DUES. _ Individual $5 _ Patron $100 _ Family $25 _ Other $ ________ _ Supporter $50 _ Newsletter Subscription $10/year _ Make Me A Member MAIL TO: Southern Tier Independence Center, Inc. 24 Prospect Avenue Binghamton, NY 13901 Name _____________________________________ Address____________________________________ City __________________ State ____ Zip ________ Phone _____________________________________ All donations are tax-deductible. Contributions ensure that STIC can continue to promote and support the needs, abilities and concerns of people with disabilities. Your gift will be appropriately acknowledged. Please make checks payable to Southern Tier Independence Center, Inc. THANK YOU! SERVICE COORDINATION Jo Anne Novicky Jessica Arnold Valerie Fulton Nadine Olshefski Kathy Sas Jen Summers SUPPORTED EMPLOYMENT Susan Ruff Lidia Conde Amber George Stacy Richards SYSTEMS ADVOCACY Jennifer Ayala TECHNOLOGY SERVICES Darlene Dickinson Angela Bevers Andy Sedor TRANSITION SERVICES Julie Epply Qassem Al-Nadi VOLUNTEER SERVICES Danny Cullen ACCESSIBILITY SERVICES Darlene Dickinson ADA SERVICES Frank Pennisi BENEFITS ADVISEMENT Ray Pierce DEAF SERVICES Linda Greeno INTERPRETER SERVICES Carrie Watkins-Smith Heather Honken PEER COUNSELING Susan Link Danny Cullen PERSONAL ASSISTANCE SERVICES Joy Earthdancer PSYCHOTHERAPY Charlie Kramer RURAL OUTREACH SERVICES Mark Hildebrant (Tioga) EXECUTIVE DIRECTOR Maria Dibble PROGRAM SERVICES COORDINATOR Frank Pennisi PROGRAMS & SERVICES Southern Tier Independence Center Free Access Is Not Free