[Cagdu] FW: Guide Dog Board Meeting Materials - April 17, 2017
Tina Thomas
judotina48kg at gmail.com
Wed Apr 12 09:46:49 PDT 2017
From: Skewis, Brian at DCA [mailto:Brian.Skewis at dca.ca.gov]
Sent: Wednesday, April 12, 2017 9:16 AM
Subject: Guide Dog Board Meeting Materials - April 17, 2017
Attached and below, please find meeting materials for the Guide Dog Board’s
Meeting to be held on April 17, 2017 at 1:00pm. Please contact me if you
have any questions or concerns.
Thank you,
Brian Skewis
Executive Officer
California State Board of Guide Dogs for the Blind
Office: 916-574-7825
Fax: 916-574-7829
Email: brian.skewis at dca.ca.gov <mailto:brian.skewis at dca.ca.gov>
Web: www.guidedogboard.ca.gov <http://www.guidedogboard.ca.gov>
California State Board of Guide Dogs for the Blind
Board Meeting Materials
Monday, April 17, 2017
1:00 p.m. – Completion of Business
Teleconference Phone Number: 1-866-692-3158
Participant Code: 99686782
One or more Board Members will participate in this meeting at the
teleconference sites listed below. Each teleconference location is
accessible to the public and the public will be given an opportunity to
address the Board at each teleconference location. The public teleconference
sites for this meeting are as follows:
Department of Consumer Affairs – San Francisco Room
1625 N. Market Blvd N-318
Sacramento, CA 95834
6043 Ralston Ave
Richmond, CA 94805
MATERIALS
1. Call to order and President’s welcome
No Materials Necessary
2. Roll call and Establishment of a quorum
No Materials Necessary
3. Approval of the February 13, 2017 meeting minutes
Please see document entitled “Attachment 1 - Draft Meeting Minutes -
2-13-17”
4. Acceptance of the March 29, 2017 and March 30, 2017 Arbitration Special
Committee meeting minutes
Please see documents entitled “Attachment 2 - Draft Meeting Minutes -
3-29-17” and “Attachment 3 - Draft Meeting Minutes - 3-30-17”
5. Executive Officer’s update
a. Sunset Review Process Update
* Hearing held on 2-27-17
* AB 1705 (Committee on Business and Professions) introduced on
3-02-2017
* Responses to Committee questions submitted on 3-27-17
* Next Steps
o Attendance at legislative hearings
o Presentation of additional draft language (Ownership and Arbitration
laws)
b. Budget Update
* School renewal fees totaling approximately $154K (up from $140K in
2015-16)
* Instructor initial licensing and renewal fees totaling
approximately $9K (down from approximately $12K in 2015-16)
* Projected annual expenditures of $145K
* Projected year end fund balance of $88K (up from a projected $75K
displayed in the Governor’s Budget)
c. Legislative Update
* AB 1705 (Committee on Business and Professions) – language,
history, and status can be found at:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20172018
0AB1705
* AB 1569 (Caballero) – language, history, and status can be found
at:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20172018
0AB1569
6. Practice Task Force update from March 21, 2017 meeting
a. Recommended changes to ownership laws
b. Request for clarification regarding suggested changes to the
arbitration process
Please see document entitled “Attachment 4 - Proposed Article 2 of Guide Dog
Act”. Section 7220 (ownership laws) recommended for approval by the Board
and Section 7221 (arbitration process) requesting clarification from the
Practice Task Force.
7. Discussion and possible action regarding AB 1569 (Caballero) regarding
amendments to provision of the Unruh Civil Rights Act (Gov. Code § 54.1) and
reasonable accommodations regarding animals in housing.
Language, history, and status can be found at:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20172018
0AB1569
8. Discussion and possible action regarding the effectiveness of holding
Board meetings telephonically.
No Materials Necessary
9. Public Comment on Items Not on the Agenda
No Materials Necessary
10. Agenda Items and Meeting Dates for Future Board Meetings
No Materials Necessary
11. Adjournment
No Materials Necessary
ATTACHMENT 1
California State Board of Guide Dogs for the Blind
Draft Meeting Minutes
Monday, February 13, 2017
Location:
Department of Consumer Affairs – San Francisco Room
1625 N. Market Blvd N-318
Sacramento, CA 95834
Board Members
Eric Holm
Carmen Delgado
Don Brown
Catherine Carlton
Rosa Gomez
Gwen Marelli
Joni Patche
Executive Officer
Brian Skewis
Legal Counsel
Shela Barker
Meeting Minutes
1. Call to order and President’s welcome
President Holm called the meeting to order at 1:20 p.m., welcomed everyone
to the meeting both in person and via public teleconference and established
the rules of the meeting.
2. Roll call and Establishment of a quorum
EO Skewis took roll noting 4 members present and a quorum was established.
3. Approval of the November 1, 2016 meeting minutes
Member Marelli motioned to approve the meeting minutes dated November 1,
2016.
Vice President Delgado seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
4. Acceptance of the January 26, 2017 Arbitration Special Committee
meeting minutes
Vice President Delgado motioned to accept the meeting minutes dated January
26, 2017.
Member Marelli seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
5. Executive Officer’s update
a. Examinations
EO Skewis reported that William Henry of Guide Dogs for the Blind in San
Rafael took and passed the Instructor examination on January 9-10, 2017.
b. School Inspections
EO Skewis reported that annual school inspections were conducted in December
2016 and that all schools successfully completed their inspections.
6. Consideration and possible action regarding recommended statutory
changes pertaining to code cleanup, the examination process, arbitration,
licensee reporting requirements, and other clarifications or changes
a. Practice Task Force recommendations
EO Skewis reported that the Practice Task Force met on February 8, 2017 and
discussed several proposed statutory changes to the Board’s code but no
motions were made. The Task Force will meet again prior to the next
quarterly Board meeting to discuss ownership laws and the arbitration
process.
b. Executive Officer recommendations
EO Skewis provided several proposed statutory changes pertaining to code
cleanup, the examination process, licensee reporting requirements, and other
clarifications or changes.
Member Marelli motioned to approve the sections discussed today for
suggestion by the EO to be included in subsequent sunset review legislation.
Vice President Delgado seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
Member Gomez motioned to table the discussion regarding ownership and
arbitration laws (BPC 7215.5 and 7215.6)
Member Marelli seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
7. Discussion and possible action regarding forms and documents required
by the enactment of Senate Bill 1331 (Pavley) Chapter 595 Statues of 2016;
Potential Commencement of Rulemaking
EO Skewis presented draft authorization and notification forms for Out of
State Instructors to complete when providing follow-up instruction in the
State without a license.
Legal Counsel Barker provided several necessary changes to the form for
compliance with State laws and Department consistency including the
collection of a social security number, clarifications to fingerprint
questions, notices and affidavits, and other technical changes.
Member Marelli motioned to accept the authorization and notification forms
with the edits and enhancements discussed to implement SB 1331 and to
authorize EO Skewis to begin the rulemaking process.
Member Gomez seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
EO Skewis presented a draft fact sheet as required by SB 1331.
General Board discussion took place regarding technical and format changes.
Member Gomez motioned to accept the fact sheet with the edits and
enhancements discussed. Vice President Delgado seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
8. Public Comment on Items Not on the Agenda
No Comments Made
9. Agenda Items and Meeting Dates for Future Board Meetings
Vice President Delgado requested a general discussion regarding meeting
locations and the effectiveness of teleconferenced meetings.
10. Adjournment
Member Marelli motioned to adjourn the meeting.
Member Gomez seconded the motion.
Motion Passed: 4 ayes, 0 no’s, 0 abstentions
ATTACHMENT 2
California State Board of Guide Dogs for the Blind
Arbitration Special Committee Meeting Minutes
Wednesday, March 29, 2017
Arbitration Special Committee Members
David Johnson, Board Designated Representative
Joel Richman, User Designated Representative
Kim Madsen, School Designated Representative
Executive Officer
Brian Skewis
Legal Counsel
Shela Barker
Meeting Minutes
1. Call to Order/Roll Call
EO Skewis called the meeting to order and noted attendance by all Committee
Members and the parties of the dispute.
2. Public Comment on Items Not on the Agenda
No comments made
3. Final determination regarding the custody of guide dog “C.” pursuant
to Business and Professions Code Section 7215.6.
The Committee heard presentations from both the school and the user
regarding the dispute of continued custody of “C”. General discussion and
questioning took place between the Committee and the parties of the dispute.
The Committee deliberated in closed session and a final decision was issued
on April 7, 2017.
4. Adjournment
The Committee adjourned at approximately 2:45 p.m.
ATTACHMENT 3
California State Board of Guide Dogs for the Blind
Arbitration Special Committee Meeting Minutes
Thursday, March 30, 2017
820 Mission Ave #12
San Rafael, CA 94901
1921 Bella Coola Dr
South Lake Tahoe, CA 96150
Additional Location with Public Access:
Department of Consumer Affairs
1625 N. Market Blvd N-112
Sacramento, CA 95834
Arbitration Special Committee Members
Eric Holm, Board President
Carmen Delgado, Board Vice President
Executive Officer
Brian Skewis
Legal Counsel
Shela Barker
Meeting Minutes
1. Call to Order/Roll Call
President Holm called the meeting to order at 10:35 a.m.
EO Skewis took roll noting both Committee Members present.
Representatives from the school were noted present.
The guide dog user was noted as absent.
2. Public Comment on Items Not on the Agenda
No comments made.
3. Determination regarding the custody of guide dog “C.” pursuant to
Business and Professions Code Section 7215.6(f).
The Committee heard a presentation from the school regarding the events
leading up to their decision to reclaim custody of “C” and not to reunite
“C” with the guide dog user. General discussion and questioning took place
between the Committee and the school.
The guide dog user was absent and no testimony was made on his behalf.
A woman identifying herself as the guide dog user’s estranged wife provided
testimony regarding her concern for the user’s ability to care for “C”.
The Committee deliberated in closed session and a final decision was issued
on March 30, 2017.
4. Adjournment
The meeting was adjourned at 11:28 a.m.
ATTACHMENT 4
Article 2 of Chapter 9.5 of Division 3 of the Business and Professions Code
7220 – Transfer of Title of a Guide Dog
(a) Schools shall develop standardized processes regarding the transfer of a
guide dog’s title to a client upon conclusion of training required to obtain
a certificate of satisfactory completion of instruction. Schools shall
provide information to the client, prior to the commencement of training and
in an accessible format, explaining the title transfer process and any
affects it may have on the client’s relationship with the school,
financially or otherwise.
(b) Schools may transfer title upon satisfactory completion of instruction
or may retain title to the dog during the first year following a client’s
satisfactory completion of instruction from a school as a transitional
period to ensure safety and effectiveness of the team. Acting in what it
deems to be the best interest of the user, the dog, or the public, the
school may temporarily or permanently resume possession of the dog during
this transitional year.
(c) If title of the dog is not unconditionally transferred by the school to
the client upon issuance of the certificate of satisfactory completion of
instruction, or upon satisfactory completion of a transitional year, the
school shall, within 30 days of completion of a transitional year, ascertain
the client’s wishes to acquire title to the dog or have the school retain
title.
If the title of the guide dog is not transferred to the client at the
conclusion of the transitional period, the school may enter into a
contractual agreement with the client describing the conditions under which
the client may maintain the status of legal custodian of the dog.
Transfer of title shall be evidenced by a transfer of title agreement
executed by both the school and the client. The school may transfer title
unconditionally, or retain an option to recover title and possession of the
dog subject to conditions described in the agreement. These conditions may
include, but are not limited to:
(1) If the school deems the dog is being misused, neglected, or mistreated.
(2) If the client has ceased to use the dog as a guide and the dog is not
too old to be retrained as a guide for another client.
(3) If the school deems the dog is no longer a safe guide and the client
refuses to cease using the dog as a guide after being requested by the
school to cease this use.
(d) The school shall make no distinction as to the quality or extent of
follow-up or supportive services available to its clients based on whether
they elect to acquire title to their dogs or allow title to remain with the
school after the transitional year. The school may, however, make this
distinction when assessing reasonable and appropriate charges for follow-up
training, instruction, veterinary, or boarding services. Any distinction
must be included in the school’s information provided to clients required in
subdivision (a) to aid in a client’s determination in acquiring title.
(e) No applicant for admission to a school, nor any enrolled client, shall
be required to sign any instrument or to announce any intention regarding
transfer of title until training and any transitional period has been
completed.
7221 – Arbitration of Disputes Between School and Client
(a) The following arbitration procedure shall be established as a pilot
project for the resolution of disputes between clients and licensed schools
relating to the continued physical custody or use of a dog, or any equipment
owned or provided by the school, after any transitional period provided by
Section 7220.
(b) The only disputes which shall be subject to arbitration shall concern
differences between the client and school over:
(i) continued use of a dog,
(ii) continued custody of a dog,
(iii) care or treatment of a dog,
(iv) continued possession or use of equipment owned or provided by the
school, including but not limited to, the guide dog harness.
Arbitration specifically shall not address issues related to admissions to
schools, training practices, or other issues relating to school standards.
(c) A school shall notify the client in writing of its intent to end the
client’s use or custody of a dog, the client’s use or possession of
equipment owned or provided by the school, or regarding any disputes
regarding the care or treatment of the dog at least 30 calendar days prior
to taking action.
(d) Clients who dispute determinations or actions taken by schools may
request the Board convene an arbitration panel composed of up to three
neutral arbitrators. Panel members will be selected by the Board’s
Executive Officer or a person designated by the Board’s Executive Officer
(e) Requests for arbitration must be submitted to the Board in writing no
later than 30 days after the school notifies the client of its determination
and intended actions.
7222 – Custody of Guide Dog During Dispute
(a) Custody of a dog shall remain with the client pending a resolution of a
dispute by the arbitration panel.
(b) A school shall not remove a dog from the client’s physical custody
without concurrence of the client, except in circumstances where the
immediate health and safety of the client, dog, or public is threatened.
(c) In circumstances where the school determines that immediate removal is
necessary, prior to removal, the school shall promptly notify the Board of
its determination and provide satisfactory evidence to the Board justifying
immediate removal. If the team resides outside of California, the school
shall provide satisfactory evidence that such removal is not a violation of
that jurisdiction’s laws.
(d) The school shall not remove the dog from the client’s custody until the
Board has notified the school it has provided satisfactory evidence of a
need to immediately remove the dog.
(e) Upon notice by a school of its intent to immediately remove a dog
against a client’s wishes, and the concurrence of the Board that
satisfactory evidence of the need for immediate removal exists, the Board
shall convene an emergency custody arbitration panel, within five business
days, consisting of two neutral parties selected by the Board’s Executive
Officer or a person designated by the Board’s Executive Officer, to make a
determination regarding custody of the dog pending hearing by the
arbitration panel. The emergency custody arbitration panel shall render its
findings within one business day. If the emergency custody arbitration
panel determines that the dog must be returned to the user pending a
determination of the arbitration panel, the school must return the dog
within one calendar day.
(f) A guide dog user dissatisfied with the determination of the emergency
custody arbitration panel may submit a request for a full hearing before an
arbitration panel within 30 days of the decision of the emergency custody
arbitration panel.
7223 – Release of Guide Dog by Law Enforcement
No local law enforcement agency, animal control agency, or private entity
contracted with any local government body to provide animal control, shall
release a guide dog, which it has taken physical possession of, to a school
except upon presentation of concurrence from the Board of the authority of
the school to take custody of the guide dog, unless the guide dog user is
deceased, has been committed, for any period of incarceration in a local
jail or state prison, for any period of pre-trial detention in a local jail,
for any period of treatment at a state hospital, for any period of
involuntary observation or treatment at any health care provider pursuant to
the provisions of the Welfare and Institutions Code, has been adjudicated as
incompetent, or has been determined by a physician to be presently
incapacitated from making his or her own health care determinations due to
medical infirmity of any nature.
In the event none of these permitting circumstances exist, such an entity
described may return the dog to the custody of the client or, if the entity
has cause to believe that release of a dog to a client would pose an
immediate threat to the dog or public, the entity may notify the Board in
writing of the circumstances and its intent to transfer possession of the
guide dog to the school prior to such transfer, or it may continue to
maintain possession of the guide dog until such time as the dispute between
the client and the school has been resolved through arbitration or
otherwise.
When an animal control entity or law enforcement make such written
notification to the Board, the arbitration proceedings shall commence as if
the school had given notice to the Board of its intent to take custody and
the Board had made a determination that satisfactory evidence exists
justifying an emergency custody change.
Written notification may be in any manner, form, or format elected by the
animal control entity or law enforcement, provided the manner, form, or
format chosen provides actual notice to the Board.
7224 – Process of Arbitration Panel
(a) Each arbitration panel shall decide the best means to determine final
resolution in each case. This may include, but is not limited to, a hearing
of the matter before the arbitration panel at the request of either party to
the dispute, an opportunity for each party in the dispute to make
presentations before the arbitration panel, examination of the written
record, or any other inquiry as will best reveal the facts of the dispute.
In any case, the panel shall make its findings and complete its examination
within 45 calendar days of the date of filing the request for arbitration,
and a decision shall be rendered within 10 calendar days of the examination.
(2) All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs, including the right to hold
meetings electronically or telephonically. Each party to the arbitration
shall bear its own costs, except that the arbitration panel, by unanimous
agreement, may modify this arrangement.
7225 – Open Meeting Act Exemption
Notwithstanding the provisions of Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to public meetings, any arbitration panel described in this article
may convene in closed session to receive and consider evidence related to
the basis of the dispute between a school and client. An arbitration panel
shall only convene in closed session to the extent that it is necessary to
protect the privacy of a guide dog user.
7226 – Failure to Comply
(a) A licensed guide dog school that fails to comply with any provision of
this section shall automatically be subject to a penalty of two hundred
fifty dollars ($250) per day for each day in which a violation occurs. The
penalty shall be paid to the board. The license of a guide dog school shall
not be renewed until all penalties have been paid.
(b) The penalty shall be assessed without advance hearing, but the licensee
may apply to the board for a hearing on the issue of whether the penalty
should be modified or set aside. This application shall be in writing and
shall be received by the board within 30 days after service of notice of the
penalty. Upon receipt of this written request, the board shall set the
matter for hearing within 60 days.
7227 – Pilot Project Effectiveness
The board may study the effectiveness of the arbitration panel pilot project
in expediting resolution and reducing conflict in disputes between guide dog
users and guide dog schools and may share its findings with the Legislature
upon request.
7228 – Panel Not Involved
The board and its representatives are not parties to any dispute described
in this article.
7229 – Waiver for Subsequent Judicial Review
The findings and decision of any arbitration panel shall be final and
binding. By voluntarily agreeing to have a dispute resolved by an
arbitration panel and subject to its procedures, each party to the dispute
shall waive any right for subsequent judicial review.
7230 – Sunset Date
This article shall remain in effect only until January 1, 2022, and as of
that date is repealed.
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