Tuesday, June 30, 2009

With Albany in chaos, Board of Elections staff party in Finger Lakes

A state Board of Elections conference may sound dull - but not in New York.
Up to 180 elections commissioners and staffers wined, dined and danced under the stars last week at an annual conference in the scenic Finger Lakes.
Commissioners and employees spent four workdays at a conference at the Ramada Geneva Lake Front, which included plenty of eating, boozing, golf and touring.
All this while Gov. Paterson is urging state agencies to limit "nonessential" travel to help close the budget gap.
City and state rules let workers attend "professional development" confabs. Taxpayers usually cover hotels, travel and food.
At this conference, vendors seeking business with election boards across the state picked up the tab for food and open bars.
State regulations advise employees it may be improper to accept gifts and that "prior approval and written disclosure" may be required.
New York State Election Commissioners Association President William Scriber acknowledged vendors paid to hawk their wares at the conference - and the money was used to pay for open bars and other expenses.
Still, he defended the conference as necessary.
"We're probably going to go through one of the most difficult election years in the state," he said, explaining that most counties would be using new voting optical scan technology. Companies that make the technology were at the conference.
State rules also recommend only two employees attend such events at a time so as not to deplete the staff.
State Board of Elections spokesman John Conklin said six people with his board attended the conference, which was "extremely helpful."
The New York City Board of Elections also blew off the rule, sending eight staffers, including three of the top four employees.
All together, between 150 and 180 people attended, each paying about $117 a night for room and board - about $351 a person for the entire event.
The city's bill to the taxpayers for three nights, two dinners and two lunches came to $2,808, not counting travel and other meals, a city spokeswoman said.
Last year, the Daily News found city commissioners and board employees were reimbursed in 2007 and 2008 nearly $58,000 for multiple expenses, including hotels, meals and travel to upstate conferences.
A News reporter and photographer observed this year's Geneva jaunt unnoticed.
After check-in Tuesday, attendees went to a 45-minute meeting, then a two-hour welcome reception including an open bar.
At nightfall, many gathered under a white, lakeside tent where they drank beer, wine and liquor and smoked cigars. Liquor flowed freely each night in the Seneca Room that opened up to the giant white tent.
"You girls want to party?" an upstate election board staffer named Scott asked a News reporter and photographer about 9 p.m. Tuesday.
Scott brought the two drinks and introduced the women to an upstate commissioner named Anthony, who was smoking a cigar and drinking a Michelob Ultra.
The Republican commissioner said the annual getaway was one of the perks of the part-time political appointment that pays $30,000 annually.
Inside the private club room, a makeshift bar was laden with bottles of vodka, rum, gin and tequila - some of it top shelf. New York City board employees were seen drinking from plastic cups.
On Wednesday, commissioners and staffers attended work sessions about paper ballets, vendor contracts and other election issues. At one point, Sequoia and ES&S - two companies vying to supply electronic voting machines to election boards across New York - pitched their wares.
Meetings were scheduled through 4 p.m., but by 2:30, about a dozen participants were teeing off at the nearby Seneca Country Club. Others took a vineyard tour of the region known best for its white Rieslings.
Boating was available on Seneca Lake, and one commissioner said he planned to go fishing.
At the hotel, vendors hawking graphics and ballot and voting machines filled a crowded corridor. One of them, a ballot vendor, even threw a party Wednesday night, complete with disk jockey, roast beef, shrimp and open bar.
Several women donned poodle skirts and ponytails for the '50s theme party. A commissioner dressed like Elvis, and other men wore faded jeans and T-shirts.
As the party ended, some revelers re-created a scene from "Animal House" by jumping up and down, yelling "Shout!" to the Isley Brothers' hit.
Scriber said he didn't know which vendor paid for the private party room and liquor and had "no recollection" of who threw the costume party. A hotel sales rep did not return calls.
On Thursday, the city Board of Elections staff gathered for lunch, chatting on cell phones around an outdoor table. Board lawyer Steven Richman drank a rum-filled piƱa colada, an employee said, while someone else at the table drank a Bloody Mary.
They were joined by Deputy Executive Director George Gonzalez, who drove his black GMC Yukon Denali XL truck 300 miles from the city. Gonzalez was seen at the party the night before drinking a can of beer.
Administrator Pamela Perkins, who approved previous conference expenses, lunched with the group on the sunny afternoon.
City board spokeswoman Valerie Vazquez said eight employees went to the conference to get ready for next year's elections.

Wednesday, June 24, 2009

EEOC Votes to Revise Rules to Conform to ADA Amendments Act

PRESS RELEASE
6-17-09

COMMISSION VOTES TO REVISE RULES TO CONFORM TO ADA AMENDMENTS ACT

New Regulations Would Make it Easier for People to Establish Disability Under ADA

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) voted today to revise its regulations to conform to changes made by the ADA Amendments
Act (ADAAA) of 2008, which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.

The Commission voted 2-1 to adopt the rules changes, at a public meeting this morning at the agency’s Washington headquarters. The five-member body has
two vacancies.

The rules changes approved today represent an initial stage in the regulatory process and must next go to the Office of Management and Budget for review,
and to federal agencies pursuant to Executive Order 12067, without public comment.

“In approving these proposed regulations, the EEOC today is taking a significant step toward returning the ADA to the broad and strong civil rights statute
that Congress originally intended it to be,” said EEOC Acting Chairman Stuart J. Ishimaru. “The proposed regulations will permit individuals with disabilities
to participate to the fullest extent possible in the American workplace.”

Acting EEOC Vice Chair Christine M. Griffin said, “Today’s vote is historic. These regulations will serve to shift the focus of the courts from further
narrowing the definition of disability and putting it back to where Congress intended when the ADA was enacted in 1990. Courts should now focus on whether
discrimination based on disability is occurring in the workplace. The protections afforded by the ADA AA and these new regulations are important for all
workers including our returning wounded warriors who certainly deserve the right to re-enter a workforce free of discrimination.”

The Americans with Disabilities Act (ADA), an antidiscrimination statute, was signed into law in July 1990. The EEOC is responsible for enforcing Title
I of the ADA, which prohibits employment discrimination against individuals with disabilities. The statute requires employers to make reasonable accommodations
to employees and job applicants with disabilities—defined as people with mental or physical impairments that substantially limit a major life activity,
persons with a record of a disability, or who, while not actually disabled, are regarded as disabled.

The ADA Amendments Act, which went into effect Jan. 1, 2009, makes important changes to the definition of the term "disability" by rejecting the holdings
in several Supreme Court decisions and portions of EEOC's prior ADA regulations. The effect of these changes is to make it easier for an individual seeking
protection under the ADA to establish that he or she has a disability as defined by the ADA. The ADAAA emphasizes that the definition of disability should
be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive
analysis.

The ADAAA also states that Congress expects the EEOC to revise its regulations to conform to changes made by Act, and expressly authorizes the EEOC to do
so.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site
at
www.eeoc.gov.

Monday, June 22, 2009

From the White House - President Obama Commemorates Anniversary of Olmstead and Announces New Initiatives to Assist Americans with Disabilities

THE WHITE HOUSE

Office of the Press Secretary
______________________________________________________________________
For Immediate Release                                                  June 22, 2009
 
President Obama Commemorates Anniversary of Olmstead and Announces New Initiatives to Assist Americans with Disabilities

On the 10th anniversary of the landmark Supreme Court decision in the case of Olmstead v. L.C., President Barack Obama today celebrated that anniversary
and launched "The Year of Community Living," a new effort to assist Americans with disabilities.

Specifically, the President has directed Health and Human Services Secretary Kathleen Sebelius and Housing and Urban Development Secretary Shaun Donovan
to work together to identify ways to improve access to housing, community supports, and independent living arrangements. As part of this effort, later
today, Secretaries Sebelius and Donovan will announce several new initiatives including details about increased numbers of Section 8 vouchers and enhanced
interagency coordination to address this critical civil rights issue. The initiative also will include listening sessions conducted by HHS across the country
to hear the voices and stories of Americans and to keep the President's pledge to be as open and transparent as possible.

"The Olmstead ruling was a critical step forward for our nation, articulating one of the most fundamental rights of Americans with disabilities: Having
the choice to live independently," said President Obama. "I am proud to launch this initiative to reaffirm my Administration's commitment to vigorous enforcement
of civil rights for Americans with disabilities and to ensuring the fullest inclusion of all people in the life of our nation."

In the Olmstead case, the Court held that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under
the Americans with Disabilities Act. Since that time, progress has been made. Many individuals have successfully transitioned to community settings, but
waiting lists for community services have grown considerably and many individuals who would like to receive community services are not able to obtain them.

To help remedy that problem, the Obama Administration provided over $140 million in the Recovery Act funding for independent living centers across the country.
The Administration acknowledges that strides have been made, and knows and accepts that there is much work to do in order to maximize the choices and opportunities
for individuals to receive long-term services and supports in institutional and community settings.

The President noted that his Administration looks forward to continued engagement with the disability community to achieve these goals. 

Wednesday, June 10, 2009

NYAIL Disability Priority Agenda - bill status

The following relates to the NYAIL Disability Priority Agenda and the current status of Legislation still viable for passage this year:

Civil Rights

· Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) of 2009

Bill Status: The Title II bill passed the Assembly on May 11th as part of the Disability Awareness Day package, and currently sits in the Senate Investigations
and Government Operations Committee, whose Chair, Senator Craig Johnson, has put it on the Committee agenda for June 9. The SSAN has been active in calling
Senator Huntley and Senator Johnson to urge the movement of this bill to the floor for a vote.

· Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger) of 2009

Bill Status: The waiver of sovereign immunity bill passed the Assembly on May 11th as part of the Disability Awareness Day package. The Senate bill, S.2833,
sponsored by Senator Kruger, has 10 cosponsors but has not moved in three months. It is currently in the Codes Committee, chaired by Senator Eric Schneiderman.
The SSAN has been making calls to Senator Schneiderman’s office to urge him to put it on the next committee agenda.

Election Reform

· Require all poll sites to comply with the accessibility guidelines of the ADA and eliminate the practice of granting waivers for inaccessible
sites. S.1058 (Addabbo) and A. 584 (Cahill) of 2009

Bill Status: The poll site access bill also passed the Assembly on May 11th. The Senate bill, S.1058, moved out of the Senate Election Committee and now
sits in the Finance Committee. The SSAN has been calling Senator Kruger, Chair of the Finance Committee, to urge him to include the bill on the committee’s
next meeting agenda, which is scheduled for Monday, June 8th at 1:30pm.

Other DPA issues:

Housing

· Incorporate the housing provisions of Section 504 of the Rehabilitation Act into state law. A.7851 (Titus) of 2009

Bill Status: The 504 bill, sponsored by Assemblywoman Titus, passed the Assembly on May 11th as part of the Disability Awareness Day package. Assemblywoman
Titus is still looking for a Democratic Senator to introduce a same-as. It is unlikely that this bill will see any major movement in the Senate this legislative
session.

· Establish standards for “visitability” in State law to require all newly constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. S.1499 (DeFrancisco) of 2009

There has been a great deal of momentum around visitability given the recently introduced national legislation and AARP’s involvement in the issue. The
NYAIL Housing Subcommittee is working to amend language of the current bill and have it introduced by the majority in both houses, in hopes of getting
it passed next legislative session.

Transportation

· Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles or otherwise ensure
that they have the capacity to serve people with disabilities. A.5549 (Titus) and S.4011 (Morahan) of 2009

The accessible taxi bill remains in the Transportation Committee of both houses. NYAIL Transportation Subcommittee is working closely with Assemblywoman
Titus and Kim Hill, Executive Director of the Assembly Task Force for People with Disabilities, on getting this bill moving in hopes of seeing it pass
next session.

Education

· Establish a definition and standard for physical restraint in public schools. Require documentation by the school and written notification to
the parent when restraint is used. A.1862 (Nolan) of 2009

Restraint is getting a lot of attention on the national level given the recent congressional hearings on this issue. Assemblywoman Nolan’s office has been
working closely with the NYAIL Inclusive Education Subcommittee to secure a Senate sponsor for the restraint bill and help move it forward.

Mental Health

· Amend state Social Services Law Section 384-b to eliminate subdivisions (4)(c) and (6)(a-e), which permit termination of parental rights on the
basis of mental illness or mental retardation. S. 2835 (Huntley) and A.6668 (Rivera) of 2009

The termination of parental rights bill has roused a great deal of attention this legislative session among legislators, agencies, and advocates. NYAIL
is one of over 40 organizations that have signed on to the Coalition Against Parental Termination Discrimination, in support of this bill. The sponsors
of the bill, Senator Huntley and Assemblyman Rivera, have asked state agencies to work with advocates and other stakeholders to come up with a series of
recommendations and report to the Legislature by January 15, 2010.

Most Integrated Setting

· Ensure that all individuals with disabilities have the right to choose and receive services in the most integrated setting. Establish a presumption
that community-based services are more appropriate than institutional or segregated settings. Require all State agencies to promote such integration through
a plan and annual report. A.5112 (Destito) and S.3265 (Griffo) of 2009

The most integrated services bill currently sits in the Government Operations Committee of both houses. As we continue to track this bill, NYAIL has begun
to develop a global strategy for advocating for the most integrated setting.

Other issues of importance:

· Legislation to make Timothy’s Law permanent, A.8611/S.5672, gained strong legislative support by being introduced by Governor Paterson on May
5th. NYAIL continues to work closely with NYAPRS, MHANYS, and other advocacy organizations by responding to ongoing alerts to get this bill passed this
year.

· The Disability History Week bill, A.2242/S.3159, remains in the Education Committee of both houses. The SSAN has been activated to call their
local legislators and ask for their support in moving this bill forward.

· The bill to cap paratransit fares, S.2933 (Duane) / A.6489 (Kellner), has been of interest to many of our members. The Senate bill is in the
Finance Committee and on the calendar for Monday, June 8th. The Assembly bill remains in the Ways and Means Committee. NYAIL will continue to track the
status of the bill.
Federal Issues

Community Choice Act (HR1670) - The U.S. Senate and House are preparing the health reform package as we speak, with full intentions of passing something
THIS YEAR. Thanks to the efforts of the SSAN, Senator Schumer, Senator Gillibrand, and 14 New York Representatives have signed on to cosponsor the Community
Choice Act. The SSAN has participated in two national call-ins that have generated over 10,000 calls to the Senate and House, urging them to include the
Community Choice Act in Health Care Reform to end the institutional bias. We will keep you posted as the process progresses. If your representative has
not yet signed on, continue to urge them to do so!

Please post any questions you may have.

Charlie Reichardt
Systems Advocate
Catskill Center for Independence