Article published Wednesday, November 18, 2009 Bid nixed to shift Monroe senior citizens legal services By MARK REITER BLADE STAFF WRITER
MONROE - After an emotional and contentious discussion, Monroe County commissioners last week rejected the recommendation from the county's Commission on Aging to contract senior citizens legal services to a new agency.
Aging commission members, who have been mulling a change to a different firm for more than a year, had recommended the board of commissioners sign a contract with Legal Services of South Central Michigan.
However, the board, in a 7-2 vote, threw aside the commission's decision and instead agreed to keep Monroe County Senior Legal Services for another year even though it could end up costing taxpayers more money.
The proposal from Legal Services of South Central Michigan was $136,000 less than what the Monroe County Commission on Aging is paying this year to Monroe County Senior Legal Services.
The nonprofit Legal Services of South Central Michigan serves low-income residents of 13 Michigan counties, including in Monroe, where it has had a presence for 23 years.
The staff of three attorneys, including Director Larry VanWasshenova, offers representation in civil matters for county residents who are over 60, including services such as wills, power of attorney, estate planning, and housing issues.
Martin Kaufman was among the county Commission on Aging board members who spoke in support of using the Ann Arbor-based agency.
"I am very disappointed," Mr. Kaufman said after the meeting. "The decision they made was not based on merit or facts but was simply pre-decided."
Commissioner LaMar Frederick, who voted against the aging board's decision to contract with a new firm, said he received many calls from people who were irate with the idea of contracting with the new firm.
Mr. Frederick, a retired corporate attorney for a Toledo-based Fortune 500 company, said contracting with Legal Services of South Central Michigan would give the perception that millage funds were being funneled outside the county to pay the salaries of noncounty residents.
"The residents who called me may or may not understand the whole issue or the fundamental position of the commission but they don't like their tax dollars going to a firm that is not headquartered in Monroe County," he said.
Commissioner Jerry Oley, who joined Mr. Frederick in the vote, said county residents would have received "substandard" legal service if the contract with Legal Services of South Central Michigan was approved.
"Monroe County senior citizens deserve the best service that we offer with the money we collect. Substandard services will not be allowed and will not be tolerated," said Mr. Oley, who is a member of the Monroe County Senior Legal Services board of directors.
The aging commission board and Monroe County Senior Legal Services have been at odds for more than a year over the desire by board members to institute a cost-sharing program with clients for legal services.
Aging commission Director Terri Hamad said the board elected in 2008 to continue with the firm under the condition that cost sharing be explored.
"We gave them another year to position themselves to go to a fee for services and try to collect a share of the costs from clients," she said.
The commission, which faces a projected loss of nearly $150,000 this year and more than twice that amount in 2010 in tax dollars because of declining property values, has begun charging fees for agency services to offset costs.
The aging board also was concerned about Mr. VanWashenova's nonprofit agency offering services that other agencies under contract with the aging commission are already providing to county residents.
Legal services for seniors are funded through a countywide 0.5-mill senior services millage that generates about $3 million annually.
Monroe County Senior Legal Services, which is among 20 senior citizen service providers that receives money through the levy, relies heavily on the aging commission contract.
Mrs. Hamad said Legal Services of South Central Michigan, which provides representation for low-income clients and senior citizens, is better staffed and has access to more resources than Mr. VanWashenova's agency.
She said the agency would be able to provide county residents with more legal experts who are well versed in elderly law issues.
Mr. VanWashenova, who receives a $60,000 annual salary as director, said the agency, in response to the aging commission's request, began a cost sharing program with clients nearly a year ago.
The agency's services are offered to county residents 60 years and older with incomes 200 percnent of the federal poverty rate.
Mr. VanWashenova said clients who earn above that level are directed to a lawyer referral organization, which supplies them with available attorneys.
According to the agency's 2008 financial reports, the senior legal services contract accounted for more than 83 percent of Senior Legal Service's operating budget. The agency ended 2008 with $31,000 in cash, savings, and investments.
Without the aging commission contract, Mr. VanWashenova said his agency would likely go out of business.
"I can't say for sure, but we would probably close up," he said.
Shannon Lucas, a lawyer with Legal Services of South Central Michigan, said her agency would be able to provide legal services that county residents are already receiving at a substantially lower rate because of grant funding it receives. She said the agency also would not pass along administrative expenses to the commission.
She said that if her agency got the contract they would have brought in two additional lawyers to the Monroe office who would deal only with senior citizens cases.
The agency doesn't charge fees for its services to clients who are 200 percent above the poverty level. Those who exceed that level are referred to attorneys who have agreed to a $110 hourly rate.
Ms. Lucas said she was disappointed with the perception of some county commissioners that her agency was staffed with out-of-town employees who are strangers in the community.
"We are very well known in the courthouse in Monroe and the Monroe Bar Association. We are very involved in the county. Our offices are here. We are open 9 a.m. to 5 p.m. Monday through Friday," she said. Permanent Link
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