* The Michigan Daily - michigandaily.com Tuesday, October 28, 2014 -3 The Michigan Daily - michigandailycom Tuesday, October 28, 2014-3 NEWS BRIEFS LANSING New program aims to increase hiring of disabled workers Gov. Rick Snyder is directing state agencies to make it a goal to hire people with disabilities and mental illnesses. The governor issued a direc- tive Monday that all executive agencies participate in a new program designed to attract and retain disabled employees. Snyder's move stems from rec- ommendations made by a men- tal health commission that he created last year. Lt. Gov. Brian Calley, who chairs the commission, told reporters on a conference call that the state of Michigan must "lead by example" so other employers follow. The goal is boosting overall integrated employment of disabled employ- ees while keeping their personal information confidential. LIVONIA, Mich. Woman charged with murder after beating 66-year-old A 50-year-old woman is charged with first-degree mur- der in the beating death of a 66-year-old woman in a subur- ban Detroit apartment build- ing. The Wayne County pros- ecutor's office said Monday that Tewana Sullivan of Detroit will be arraigned Nov. 6. Livonia police arrested Sul- livan on Wednesday night after officers found the severely beat- en victim unconscious in the building, west of Detroit. Sulli- van was visiting a relative in the building. She was charged last week with attempted murder, and the prosecutor upgraded the charge after the victim died Saturday. NASHVILLE Pastor performs * gay marriage, keeps ordination A Methodist pastor who was disciplined after he officiated at the wedding of his gay son will be allowed to remain an ordained minister. The Judicial Council of the nation's second-largest Protestant denomination ruled Monday that a Pennsylvania church jury was wrong to defrock Frank Schaefer last year after he would not prom- ise never to perform another same- sex wedding. The council ruled on technical grounds and did not express sup- port for gay marriage in general. Its decision is final. Reached by phone after the deci- sion, Schaefer called it "amazing." He said he was pleased, "not just for myself, but for everyone in the LGBTQ community and the church. This is a positive decision that keeps the dialogue going. They didn't bar a person who is an outspoken activist and who has said that, if asked, he would per- form another gay marriage." UNITED NATIONS UN investigator banned from Iraq by senior official The United Nations special investigator on Iran is not fazed by a senior official's announce- ment that he is banned from the country, saying on Monday, "He loves banning me." Ahmed Shaheed also told reporters he was "shocked" by the execution Saturday of Rey- haneh Jabbari, a woman convict- ed of murdering a man she said was trying to rape her. He said he had repeatedly raised concerns about the fairness of her trial. He spoke a day before present- ing his report on Iran to the Gen- eral Assembly's human rights committee, where he is expected to speak out against the coun- try's second-highest rate of exe- cutions in the world. -Compiled from Daily wire reports DETROIT From Page 1 Bennett gave thorough expla- nations of each of the more con- tentious topics within the plan of adjustment. He spent a good portion of his time Monday discussing the feasibility of the plan, high- lighting the two major quali- fications: that the city meets its financial obligations and be able to recover and provide adequate city services. Bennett walked through the previous evidence presented to the court again, noting the assessments made by Mayor Mike Duggan and the city offices that deter- mined that the city is prepared to provide services. Rhodes questioned Bennett about possible risks that could threaten the feasibility of the plan, including unknown vari- ables such as as a new mayor and his administration. Bennett noted such variables are diffi- cult to predict. He said the worst thing that could happen "is if the $1.7 billion is misused or per- ceived to be misused." Bennett reviewed the viabil- ity of increasing property taxes on Detroiters to help repay creditors. He used a "depart- ment store analogy" to explain why the city believes raising taxes would hurt Detroit. He said when people decide where to live, they will compare the taxes and services of cities. Ben- nett argued that higher taxes could give individuals incentive to leave Detroit, which would further decrease the city's tax base and, in turn, level of servic- es. Bennett said the more central question is whether or not taxes should be reduced. Rhodes also specifically ques- tioned Bennett about the topic of long-term pension recovery. The two discussed the projections for the plan, noting the possi- bility that pensions could fully recover eventually but acknowl- edging the complicated math and many variables that can affect the plan's outcome. While Rhodes already made the decision that the Michigan Constitution's stated protec- tion for pensions does not carry more weight than any other con- tract agreement within the U.S. Bankruptcy Court, he returned to the topic Monday in his line of questions for of Bennett. One individual objector pressed the issue, addressing some of the minor. details of the Michigan Constitution's requirements for each retiree. In his explanation of the DIA settlement, Bennett addressed three major questions: whether the city is able to sell the DIA's assets, whether liquidated assets can be used to pay creditors and whether the city should be com- pelled to sell assets at all. Bennett said due to restric- tions on the DIA's art as part of a charitable trust, among other restrictions, itcannotbesold. He added that there is no legal obli- gation for the city to liquidate all its assets to pay off obligations. He also said the DIA serves as a "nationally prominent cul- tural institution," maintaining it could also potentially draw people back to the city. Bennett argued the $466 million pledged through the grand bargain is the best possible outcome for the DIA. Under the grand bargain, the DIA would no longer be owned by the city. Funding from the DIA, the state as well as non- profit and for-profit organiza- tions would prevent the sale of DIA artwork and reduce cuts to pensions. Though creditors argued failure to sell the art unfairly discriminated against them as compared to pensioners - initially believing more money could have been generated by selling the art - major creditors have since signed on to deals in which they are compensated in otherways. Bennett expressed confidence in Rhodes' expected decision regarding the DIA, saying he intends to return to Detroit after the bankruptcy as a tourist. "I'm not in a rush; I under- stand the DIA will be here for a while," he said. Other speakers Monday were Steve Howell, special assistant attorney general for the state of Michigan, representatives from various city pension organiza- tions and three dissenters. Howell said the plan of adjust- ment is in the best interest of creditors. He said it is a chance for the city to move forward and grow, and called for this "unprecedented opportunity" to be approved by Rhodes. INSURANCE From Page 1 income individuals. Medicaid is funded by both the states and the federal government, and is admin- istered by each state. States were not required to adopt a Medicaid program, but every state currently has a program in place. The ACA increased federal funding for Medicaid, but also required that states would pay 10 percent of the expansion by 2020. Then, in 2012, the U.S. Supreme Court ruled that states could continue to receive their original funding for Medicaid without expanding the program. As of now, a little over half of the states -27 states and the District of Columbia - have chosen to expand Medicaid. Researchers from the Uni- versity Medical School analyzed data from the first 100 days of the Healthy Michigan Plan, during which there were surprisingly high levels of enrollment. Prof. John Ayanian, director of the Institute for HealthcaretInno- vation and Policy, coauthored a paper in the New England Jour- nal of Medicine that analyzed early data from the expansion. In its first few months, the plan enrolled over 327,000 people, more than were predicted to enroll in the entire year. By Oct. 20, 2014, the number of enrollees had reached 424,852. Ayanian suggested some rea- sons for the plan's early success. One reason is the late rollout of the plan. Most state Medicaid expansions began Jan. 1, 2014. Michigan's did not begin until April 1, 2014. Ayanian said these extra three months allowed state officials to communicate to people that they were eligible for assistance. The extra months also gave the state more time to pre- pare the plan's enrollment web- site, ensuring its efficiency. An efficient website was especially necessary due to the initial prob- lems with HealthCare.gov - the ACA's online insurance market- place - that were widely publi- cized in the media. "The key state officials made it a priority to test the computer systems that were required to enroll people to make sure they were working effectively before enrollmentbegan," Ayanian said. Ayanian said Michigan's suc- cess could also serve as an exam- ple to largely Republican states. Historically, Republicans have opposed the expansion of Med- icaid. While Michigan generally votes Democratic in the presiden- tial election and is represented in theU.S.SenatebytwoDemocrats, the state has a Republican gover- nor and Republicans control both houses of the legislature. "It'sagoodmodelparticularlyfor other states that have Republican governors or legislatures and have reservations about expanding the Medicaidprogram,"Ayaniansaid. Open Enrollment for 2015 insurance coverage under the ACA will begin again Nov. 15. This year, the Healthy Michi- gan Plan will also be in place throughout the Open Enroll- ment period. Carrie Rheingans, project manager for the Washt- enaw County Health Initiative, said HealthCare.gov will inform Michigan residents who qualify for benefits under the Healthy Michigan Plan. These individuals can then go to the plan's website to register for saidbenefits. "HealthCare.gov points you in the direction you need to go," Rheingans said. Lastyear, Michigan had notyet expanded Medicaid when Open Enrollment ended. For this rea- son, Rheingans said low-income individuals could not sign up for the expanded benefits until after having registered for their insur- ance plan. People already enrolled in the Healthy Michigan Plan will also see a change in the coming months. Previously, no one regis- tered under the plan would have to pay any fees, excepting copays, which would usually be only $1 or $2 per month. Now, if an individ- ual falls betweenl100and138 per- cent of the federal poverty level, he or she will have a monthly fee in addition to copays. This fee begins sixmonthsafter one starts receiving services through Med- icaid, and the amount is based on how much healthcare one has received over the past six months. "Those folks will also be asked to make what they're calling 'monthly contributions' to their health insurance," Rheingans said. "They've looked at the cost of all of it and what quantity of services you're using, and they make an average over those six months to say that's about how much you should be paying every month going forward for the next since months." Rheingans said though the fee should be low for most people, it still may cause difficulties for the people it affects, especially because many in this income range do not have bank accounts through which they can easily pay the fees. "It's hard to know what is 'expensive,' because folks who are between 100 and 138 percent of the poverty line, it's not like they're rich people," she said. "It's still yet another payment, and people have to have a bank accounttomakethesepayments." The open enrollment period for this year extends from Nov.15 to Feb. 15, 2015. During this time, individuals can sign up for a new health insurance plan or look at options for switching from their current plan. 2014 Marketplace plans will expire Dec.31. Students can get information about healthcare optionsthrough campus resources, such as Uni- versity Health Service, or com- munity resources, such as the Washtenaw County Health Ini- tiative. Information is also avail- able online at HealthCare.gov and www.michigan.gov/healthy- miplan. COUNCIL From Page 1 tive of that. I supported our pre- sumptive mayor. Does that mean that I don't have my own mind? Absolutely not." There are two other new members who will take their seats on the Council in 2015: Westphal, who ran against Nancy Kaplan, a member of the Ann Arbor District Library Board, for the seat vacated by Petersen; and Graydon Krapohl, who ran uncontested for the open fourth ward seat follow- ing the retirement of Margie Teall (D-Ward 4). "I have become acquainted with the incoming new council- members," Westphal said. "I've had some interactions with Christopher in the past in his duties as a councilmember in the past, and I am hoping it will be the case that everyone con- tinues to be civil on Council and works for the best of the com- munity." Following the mayoral pri- mary, which included four cur- rent councilmembers, some see the possibility for tension between those members who will continue to serve on Coun- cil. If elected mayor in the gen- eral election, Taylor, who won the primary with 47.57 percent of the vote, will serve alongside former primary opponents Bri- ere and Kunselman. Kunselman, who received 16.46 percent of the vote, said following the primary that he looks forward to working with Taylor and fellow councilmem- bers in the future. Kunsel- man and Taylor have served together on Council since 2009, though in the 2008 elec- tion, Kunselman lost his seat to Taylor. Kunselman ran again in 2009 and has been on Council since. "There's no sense of dread," Kunselman said. "I'm keeping a very open mind and I think Council dynamics are going to continue very much how they have been, where there are issues that are more important to some members than others that eventually results in com- promise." In a mayoral debate earlier this year, Briere said she does not consider herself aligned with anyone in particular on Council, including Hieftje. "I don't belong to a faction," Briere said. "John is gone and we should get over it. Now we look at the future. As much as we may like John or agree with his policies, I'm not running against John and I'm not run- ning to beat John." However, the question on voters' minds may not have been whether Briere was running against Hieftje, but rather whether she was going to make decisions similar to Hieftje's. Taylor has aligned himself indirectly with the. former mayor since the begin- ning of his mayoral campaign, and his near-majority victory illustrated that a desire for change was not driving voters' decisions. "I don't expect our govern- ment to change much, I expect it to fine-tune around the edges," Kunselman said. "The biggest change is that when you no lon- ger have the longest-serving mayor presiding over, there's going to be a learning curve for everyone, even for Chris Taylor, assuming he is the next mayor. We are going to have to learn how to identify others' posi- tions within Council." Though new to the Council, Grand served with Taylor on the Park Advisory Commission and said she is not concerned that there will be any linger- ing tensions following election season. "I'm not really concerned about the councilmembers that ran for mayor; I don't think that's what is driving the dynamic," Grand said. "I'm hop- ing with a new mayor and some new councilmembers that we can try to get rid of some of these old divisions. I'm not naive about that, but I certainly want to do my best to compromise." SACUA From Page 1 ing to perform their job func- tions unless they voluntarily confirm their disability. "We have to make it clear that any fitness for duty policy will only apply to faculty with men- tal or physical illness that keeps them from adequately perform- ing their duties," Masten said. "There's no way to meet both the ADA requirements and cover only physical and medical condi- tions if (this interpretation of) the ADA is right." He added that working to cre- ate a policy that suits the needs of the University while complying with ADA standards will contin- ue to be a group effort, and that the next step is getting a second opinion from a "foremost expert" in the Law School. Masten then compared the proposed language with that of the University's existing fitness for duty policy, which currently applies to all University faculty and staff. Fitness for duty is cur- rently defined as "being physi- cally and mentally capable of safely performing the duties of their job," and implies that any- thing outside of those standards constitutes "unfitness for duty." "Either the current policy is not compliant with the ADA, which, who knows, maybe it was just never updated, so if we don't agree to implement the new fit- ness for duty policy, we'd be bet- ter off with (the ADA's version) than the one we currently have," Masten said. "Part of the reason for the new policy was it doesn't encompass all the considerations that would go into an appropriate consideration for faculty, but at least this one is limited to mental and physical conditions." Most SACUA members agreed that there was a need for specific language regarding mental and physical conditions since those are the main reasons for which a fitness for duty investigation would be opened initially. Pharmacy Prof. David Smith saidhe feltthe abilityto"safelyexe- cute one's duties" should be the key requirement for being classified fit for duty, leaving out mention of specific mental or physical health requirements.According,to Smith, such requirements might make the language more in accordance with ADA standards, but many other members wanted to keep the lan- guage in the revised policy. Smith added that there are other probable factors that could potentially render faculty mem- bers "unable to perform essential functions" outside of mental and physical complications, but it was deemed that most other suggest- ed behaviors would dictate "will- ful refusal," which would amount to insubordination, a cause for termination that does not apply to any fitness for duty policy. "There are experts who can provide examinations for medi- cal issues, mental and physical," Masten said. "If it's a non-med- ical issue, who's going to make that determination?" Currently, non-medical issues are at the discretion of the dean of the faculty member's college, who would then open an inves- tigation to determine whether the individual is capable of con- tinuing to work. The group con- cluded that this process could be seen as "arbitrary" and that they wanted to work toward a more concrete policy. "We'd have a lot less concern about this if we were having medical professionals making this call," Masten said. This led to discussion about excluding those without physical or mental limitations from the protections of the policy. Next Monday, SACUA will be joined by University Provost Martha Pollack. The following week, theywillhave theirmonth- ly check-in with University President Mark Schlissel at their regularly scheduled meeting. REGENTS From Page 1 ing college more affordable and accessible statewide. In terms of affordability, he said his first initiative would be to decrease the recent trend of the University's budget being cov- ered more by tuition and endow- ment and less by the state. He said if the state bears more of the costs, tuition could decrease. "I would like to see the state of Michigan reinvest in the Uni- versity of Michigan and in public education," he said. Closely linked to the cost of higher education, Behm said affordability could be improved by increasing access to need-based loans. Currently, one-third of stu- dents attendingthe state's 15 pub- lic universities receive need-based loans,yet, accordingto Behm, only 12 percent of University students receive this type of aid. "I do not think that is an accurate reflection of the picture of what the student body should be here," he said. "That needsto be fixed." To improve affordability, Behm said the University could tap into its endowment - which reached an all-time high of $9.7 billion in the 2014 fiscal year - to keep costslow and could also look to federal legislation to lower the borrowing rate for student loans. As a Flint native who works in the city, Behm said he also feels a responsibility to advocate for the University's satellite campuses in Flint and Dearborn. Though the two campuses have typically been less residential than Ann Arbor, Behm noted how when a dorm was built forthe first time at Flint in 2009, it immedi- ately filled to capacity. He linked this to a changing culture of satel- lite campuses and their potential togrow in the near future. "Those campuses really offer an opportunity for the Univer- sity of Michigan to interact with the students and communities of Flint and Dearborn," he said. With respect to diversity, Behm said the University must work toward increasing racial diversity on campus, but within the boundaries of Proposal 2, the 2006 voter initiative that banned the consideration of race in admissions, among other factors. He said the percentage of Black students thatmake up the student body is far less than the number of Black citizens in the state. "This is a public University; it serves the mission and the people of our entire state, not just some of the people," he said. "We need to fix that problem." Behm also expressed a will- ingness to work with students to make the activities and deci- sions of University administra- tors more transparent. In July, The Detroit Free Press sued the University for violating the open Meetings Act, arguing that the Board of Regents makes most of its decisions in private. Behm said he plans to meet with students and faculty regu- larly during his tenure on the board, noting thatthe best way to bring a perspective of the issues facing students and faculty is to interact with them directly. "That's what makes an institu- tion work, is open communica- tion," he said. 0 I I