STATE OF MICHIGAN IN THE INGHAM COUNTY CIRCUIT COURT STATE OF MICHIGAN, Plaintiff, y. Case No. 15-000688-FHI-C30 ERVIN RAY BRINKER, HON. WILLIAM E. COLLETTE Defendant. Jeffrey Schroder (P63172) Matthew L. Vieari (P44049) Assistant Attomey General MILLER JOHNSON Health Care Fraud Division Attomeys for Defendant P.O. Box 30218 250 Monroe Avenue, N.E., Suite 800 Lansing, MI 48909 P.O, Box 306 (517) 241-5400 Grand Rapids, MI 49501-0306 (616) 831-1762 Patrick W. O'Keefe II (P59324) Co-counsel for Defendant O'Keere Law 6604 W. Saginaw Highway Lansing, MI 48917 (517) 253-0114 DEKENDANT ERVIN RAY BRINKER’S SENTENCING MEMORANDU INTRODUCTION Defendant, Ervin Ray Brinker, submits this Sentencing Memorandum and the attached letters of support for his sentencing on Wednesday, January 13, 2016 at 1:15 p.m! At tbe time of filing this Sentencing Memorandum, Mr. Briaker had not yet received the Preseutence 2nvestigation Report (‘PSIR"). Accordingly, Mr. Brinker reserves any and allright to respond tothe PSIR. ‘ncJuding but not limited to his right te provide the court with objections deletions, corrections, o additions tothe PSR,Exvin (“Erv") Ray Brinker is a 69-year-old man who has no prior criminal history of any kind and, as described in the attached letters, has been @ pillar of the public mental healthcare community for the past 30 years. He will be sentenced by this Court for violations of ‘MCL 400.606 and MCL 750.175 involving the use of public Mediesid fands, in addition to his own flmnds, to pay for personal psychic consulting services from 2011 through 2013. Mr. Brinker accepts responsibility for his actions, has demonstrated genuine victim remorse, and has exbibited embarrassment, shame, and remorse for his actions On Wednesday, November 25, 2015, pursuant to a plea agreement, Mr. Brinker entered guilty pleas to two counts of Medicaid Fraud Conspiracy under the Medicaid False Claim Act and one count of Embezzlement by a Public Officer over $50.00 in connection with his duties as the former CEO of Summit Pointe, a Community Mental Health Authority (CMHA) established by the Calhoun County Board of Commission pursuant to the Michigan Mental Health Code. In his capacity as CEO of Summit Pointe, Mr. Brinker signed two false consulting agreements which provided Medicaid funds totaling $510,000.00 to pay for his personal psychio services. As part of the plea agreement, the parties agreed to a sentencing guideline range of 010 17 months based on a Class D sentencing grid with cell C-ll, and that Mr. Brinker will pay a total of $1,020,000.00 in restitution and a double damages civil penalty. Mr. Brinker also Voluntarily waived his rights and interest in his Summit Pointe Defined Benefit Pension Pian (Pension Plan”) which had 2 value of over $2 million. Mr. Brinker further agreed to cooperate and make truthful statements concerning the Attorney General’s inquiries about the Pension Plan,IL RELEVANT FACTS AND DISCUSSION This Sentencing Memorandum now addresses why Mr, Brinker respectfully requests that the Court sentence him to a term of probation with any and all terms and conditions ‘that the Court deems appropriate and just. If the Court is inclined to incarcerate Mr. Brinker, we ask that the Court consider an alternative such as release on tether. ‘A. Mr. Brinker accepts responsibility for his actions and deeply regrets the difficulties he has caused his former employer, the community and mental health constituents, and his family and friends. ‘As set forth in the PSIR, the attached letters from friends and former colleagues in the community mental health arena demonstrate that Mr. Brinker is deeply sorry for misusing public funds and violating the public trust through his use of and dependence on a personal psychic. He accepts responsibility for his actions, and he understands that he exercised poor judgment for which he is sorry. Mr. Brinker has expressed such remorse to his counselor, Dr. Ronald L. Vanderbeck. Since May 5, 2015, Dr. Vanderbeck has met with Mr, Brinker for approximately one hour of individual counseling per week. Dr. Vanderbeck reports that Mr. Brinker has taken responsibility for his actions and has been open to therapeutic feedback: Mr. Brinker has taken responsibility for his actions. In bis own words, he stated “No one else did it’ He also added, ‘I was responsible for everything that happened.’ He never attempted to blame any victim. He recognizes he betrayed the trust of his friends and understands they are victims... Mr. Brinker has exhibited appropriate embarrassment and shame for his actions. He feels guilty and wishes he would have engaged in more appropriate decision-making... Mr. Brinker was able to demonstrate victim empathy by recognizing “the poor people in the county are victims.” Exhibit 1, pg. 1-2, filed under seal ~ as it contains confidential mental health information protected under MCL 330.1748; see also Dt. Vanderbeck’s report attached to the PSIR.Similarly, Mr. Brinker has confided. in his friends and colleagues about his remorse and regret for his actions. John R. Bromley, former Chair of Summit Pointe's Board of Directors, who worked with Mz. Brinker for a number of years, describes that this matter is completely contrary to his experience with Mr, Brinker: jam confident that Erv is very remorseful for not acting in the best interest of Summit Pointe with respect to the funds he used for a psychic. This entire matter is contrary to my experience 28 Erv always had the best interests of his organization and community i mind .... Erv bas accepted responsibility for his actions Exhibit 2. Several of Mr. Brinker's long-time friends and colleagues have written letters of support. A common thread that runs through these letters is the author’s “shock” and “disbelief” upon hearing of this case. Many letters ask why Mr. Brinker acted the way he did. Dr. Vanderbeck provides meaningful insight into the circumstances that lead Mr. Brinker astray. He states, in part: Prior to contacting @ psychic, Mr, Brinker reports experiencing extreme stress related to his marriage and work. He did not have anyone to talk to or vent his concems with. He felt alone and isolated and the pressures related to work and managing his personal life evolved end mounted over time. On a professional tip to Florida, he stopped to see a psychic more out of curiosity. The psychic was a woman. She tumed out to be a good listener, hhad a pleasant disposition, and he enjoyed talking with her. The relationship evolved and, in Mr. Brinker's own words, “This led to touching base every day.’ There was no other type of interaction other than talking to her and receiving her support. Mr. Brinker indicated this psychic helped him stay focused and grounded in the pressures and challenges related to work and personal life. In a sense, she became like a ‘life coach.” He was able to vent his stress and she was always supportive and caring.He indicated he spent more of his own personal money” than any organizational money because he felt contact with this psychic was helpfal to him. Over time, Mr. Brinker became psychologically dependent on her services. Thus, the relationship continued and he spent money because he experienced the relationship to be belpful in managing his personal and work stress. Exhibit 1, pg. 2. ‘As Dr, Vanderbeck explains, Mr. Brinker needed professional counseling when he stepped into a Key West palm reading and psychic services establishment run by Ms. Eli aka Julie Davis and her husband, Tommy Eli. Ms. Eli provided anonymity, but Mr. Brinker would only much Iater lear that she was not ari average palm reader providing entertainment for tourists visiting the Keys. Ms, Eli and her husband Tommy Eli were part of a large fortune telling family that, according to news reports, federal authorities would later charge with perpetrating a $40 million fraud called “Operation Crystal Ball.” Federal authorities charged Rosa Marks, Flora Bli’s sister, along with several other members of Tommy Eli's family with 61 counts including charges of conspiracy, mail frand, wire Gand and money laundering. J. ‘According to the indictment, the Elis and family used fear and false statements to convince victims, who often suffered from significant personal loss or problems, into giving them large amounts of money and other valuables. 1d. ‘As Dr. Vanderbeck reports, Mz. Brinker has made good progress through counseling and “the prognosis for relapse is considered low”: ‘When Mr. Brinker initially engaged the services of psychic, Flora Ei (aka Jule Davis) in early 2011, he pid her with $9,000.00 of his personal funds. In addition to the $510,000.00 of public funds be used to pay forthe psychic, Mr. Brinker spent a total of $658,000.00 of his ov money on the psychic from approximately 2011 through early 2014 See, £g.,Ne, Christina, Florida Fortune Telling Family Allegedly Swindled $40 Million from Victims, available at hp abenews go.con/US/forids-fortune-elling-family-allegedly-swindled-<0- million/story id14324565; Hamacher, Brin, Fortune-Telling Family Charged in $40M Fraud, available et, tp://wrw:nbemians com/news/ocal/Fortune-Telling-Famil-Charged-in-40M-Fraud-127929003.html.Mr. Brinker is capable of developing and implementing a relapse prevention plan. He is a very bright and insightful individual, has made very good use of his therapy time, and has been willing to discuss his personal history in detail. The prognosis for a relapse is considered low. ‘Exhibit 1, pg 3. B. Mr. Brinker's significant years of public service and contributions to the ‘community should be considered at sentencing. Mr. Brinker respectfully asks the Court to consider his life-long commitment to serving the mental health needs of the community when deciding his sentence. ‘The now retired Director of the Michigan Department of Community Health, James K. Haveman, describes Mr, Brinker's tireless service to the community. He states, in part: T have known Etv for 26 years... . Brv led one of the most successful Community Mental Health programs in Michigan. He Jed the state in behavioral health innovation and the integration of systems care. His colleagues view him as a Director who had many “firsts” and it had a stellar reputation as an innovator and accountable leader. His programs were cost effective, consumer focused and had very positive outcomes. His leadership in the private/public sector was recognized a few years ago by his being ‘named “Public Servant” of the year in Battle Creek Michigan. Erv was part of the resurgence of the economic and health sector of Battle Creek, Michigan. Erv was a champion of community-based services for persons who were mentally ill and person who were developmentally disabled. ‘When one visited his programs he felt equally as comfortable with staff, board members, families and consumers. Exhibit 3. Mr, Brinker has also received national and intemational acclaim for innovative programs and energetic leadership. In his letter, Mr. Haveman describes Mr. Brinker’s contributions to the public health of Iraq in 2004 through his leadership at international and U.S. conferences involving Iraqis and the training of Iraqi doctors. (See Exhibit 3, pg 1).Likewise, Mr. Schroer who worked with Mr. Brinker on community projects and served as a contractor for Summit Pointe describes Mr. Brinker as a “iprogressive and proactive community leader who has brought a great deal of positive energy to the community and to the arena of mental health.” In his letter, Mr. Schroer highlights some of Mr. Brinker's achievements: He initiated contracts with the Federal Center (for cleaning) and the VA Laundry to provide work opportunities for Suramit Pointe clients. Again, by taking these progressive actions mental health clients were able to be contributing members of society, hold jobs that contributed to their self-esteem and ability to live independently and help them get well. Erv was also instrumental in founding an ‘Alternative High School.’ Seeing that there was no solution for teens who had been expelled from school for fighting or bringing a weapon...Erv was frustrated the schools had no plan for rehabilitation or altemative education. Erv started the Calhoun Alternative High School so that there was an alternative education opportunity and a chance for these teens to not be seen as ‘throwaway people.” Exhibit 4. Robert Dyer, Ph.D., a former colleague of Mr. Brinker who ran a healthcare organization similar to Summit Pointe in Indiana, also highlights the impact that Mr. Brinker has had on the broader community, including disadvantaged youth. He states: Hundreds of [disadvantaged] kids have been forever improved as a result of (a) program that was created by Mr. Brinker's perceived need. (And countless public dollars have been saved by avoiding the legal system they almost certainly had been destined for before the intervention.) Similarly he recognized how the schools were “stuck” in addressing these at-risk kids. By focusing on technology and training a mental health enlightened staff he created an entire altemative school for kids at risk of dropping out. Over a hundred kkids in Calhoun County have high school diplomas who otherwise would not. I do not think either of these programs exist anywhere else in Michigan.Exhibit 5. While Mr. Brinker clearly acknowledges that he inappropriately used significant sums of bis own and the public's money for psychic services, he generally is not a spendtheift. ‘He lives in a modest home and drives older cars. In fact, Mr. Brinker's friends fondly recall him as a family man who lived modestly and within his means. Lewis Bender, Ph.D., a former colleague of Mr. Brinker, writes: Good Heart - I know Erv Brinker's heart and character. This is a good person. I have seen his goodness in large and small ways, ‘Whatever the outcome he is the kind of person wino will leam from his experiences and move forward in a very positive way. Exhibit 6 (emphasis in original). Diane and Donald Teegarden, former colleagues of Mr. Brinker, fondly describe Mr. Brinker and his dedication to friends, his daughter and grandchildren: He is a dedicated family man towards his daughter Heather and his three lovely young grandchildren, Not only is he a kind and loving person towards nature and his family, he is also a kind and loving person toward his friends too. Exhibit 7. 1. LETTERS OF SUPPORT ‘The following letters of support were submitted to Probation Agent, Mr. Gleason for inclusion in the PSIR. These letters describe a humbled man who fully accepts responsibility for his actions in this case, as well as an individual who bas spent his career helping persons who suffer from mental illness and developmental disabilities create a better life for themselves, Exhibit I: Ronald L. Vanderbeck, Psy.D., Licensed Psychologist, Diplomate, American College of Forensic Examiners (filed under seal) Exhibit 2; John Bromley, Former Board Member and Board Chair of Summit PointeExhibit3: James Haveman, Retired Michigan Dept. of Community Health Direotor Exhibit 4: William Schroer, friend and former colleague Exhibit 5: Robert Dyer, PhD, Managing Principal, Criterion Health, Ine. Exhibit 6: — Lewis Bender, PhD, Professor Emeritus, Southern Illinois University Edwardsville Exhibit 7: Donald and Diane Teegarden, former colleagues Exhibit 8: Anthony DeRose, friend and former colleague Exhibit9: A.J. Jones, ND, President/CEO of Grace Health Iv. CONCLUSION For all the above reasons, the positive factors set forth in the PSIR and the letters attached to this memorandum, Mr. Brinker respectfully requests that this Court sentence him to a term of probation with any and all terms and conditions the Court deems appropriate and just. If the Court is inclined to incarcerate Mr. Brinker, we ask that the Court consider an altemative such as release on tether. MILLER JOHNSON Dated: January Tans By. A “Matthew L. Vicari (P44049) 250 Monroe Avenue, N.E., Suite 800 P.O. Box 306 Grand Rapids, MI. 49501-0306 Patrick W. O'Keefe Il (P9324) Co-counsel for Defendant O'KEEFE LAW 6604 W. Saginaw Highway Lansing, MI 48917 Md_DMS 2757020193Exhibit 1 filed under seal — contains confidential mental health information protected under MCL 330.1748JohnR. Bromley December 16, 2035 Re: Ervin Ray Brinker Honorable Willam €. Collette ‘Mason Courthouse 341 5. Jefferson Mason, MI 48854 Dear judge Collett: “This letter ts written fa support of Ervin Ray Broker (hereafter called Erv) Lam writing a 2 former Board Member and Board Chaie of Summit Pointe, Calhoun County's Mental Health Agenoy-tn ths capacity, | worked with Erv for a number of years and carne to know him on. personal and professional level Ive had this pleasure to sit on many boards, bath nov-profitand for-profit. Summit Pointe was the best runentity of any of those organizations, This was due to Ervs leadership and his compassion for the people Summit Pointe served. What | noticed as a Board Member was that Ervatvays: ‘Stuck to the Summit Pointe mission, Hired competent, hardworking executives, ‘Was always well prepared for our migetings, both individually and «5 « Board, Stayed ahead of the eurve so that Summit Pointe 3s atthe cutting edge, ‘Thought outsite the box to arrive atthe best decsion, and ‘Was instrumental in moving both Surnmit.Pointe and Battle Creek forward. ae rp pe ‘Based on the foregoing, this cose eae as a real shock to me, Lam confident that Ervis vory remorscful ‘or nat acting in the best interest of Summit Pointe with respect tothe funds he Used fora psychic. his ‘entire matter fs contrary to niy experience as Ery always had the best interests of his organization and ‘Community fn mind. rv was the driving force to consolidate some of the redundancies in five counties rental health agancles In an effort to save rexources and share Ideas. Erv was responsible for binging. ‘Convers Policy Governance Model to Battle Creek to teach us 2 better method of running snd over seeing a0 organization. Als, Erv was instrumental in setting up a dlscussion group that has met for years tha wide range of topics focusing on how to best serve the community's mental health needs. ‘As Lgot to know Erv my opinion of him grewas a good person. You can imagine my disbelief when this ‘case was first mentioned in the Battle Craek Enquirer that | view oni from St. Simons island, GA.) Aras very sorry to read of ths news and tkriow that up to this point Fv has leda very meaningful and productive Ife. Erv has accepted responsiblity for his actions ahd I respectfully request the Court‘consider Erv’s significant contributions to the community and not inca sentence, ‘Thank you for your attentiontto the'letter. Sincerely, pio" , Bromley. reerate him as part of hisDecember 21,2015 Honorable William F. Collette Mason Courthouse 341 S Jefferson Mason, Michigan 48854 Dear Judge Collette, am writing this letter to share some thoughts about Erv Brinker prior to your January 13, 2016 sentencing, Uhave known Erv for over 26 years. Iwas shocked and dismayed when Erv was accused of the mismanagement of funds and his betrayal of the public trust. His actions were totally out of character with the Erv I have known for the past 26 years. Erv obviously made several poor decisions that have severe penalties to them. Why he made these poor decisions at the time he did is perplexing and unknown to me. ‘What I do know is that Erv led one of the most suecessful Community Mental Health programs in Michigan. He led the state in behavioral health innovation and the integration of systems care. His colleagues view him asa Director who had many “firsts” and it had a stellar reputation as an innovator and accountable leader. His programs were cost effective, consumer focused and had very positive outcomes. His leadership in the private/public sector was recognized a few years ago by his being named "Pubitc Servant” of the year in Battle Creek Michigan. Erv was part of the resurgence of the economic and health sector of Battle Creek, Michigan. Erv was a champion of community-based services for persons who were mentally Il and person who were developmentally disabled, When one visited bis programs he felt equally as comfortable with staff, board members, families and consumers. ‘When I came back to the USA in 2004 after being be Acting Minister of Health in Iraq 1 got engaged in a federal government initiative to provide training in the USA and in Middle East for Iraqi health professionals. As the Director of Summit Pointe, Erv was very interested in International Health, Erv atthe invitation of the Government of Iraq has visited Iraq with me twice for conferences. At these international conferences and conferences for Iraqis in the United States he led some of the Sessions, In addition, Summit Pointe opened this doors to four fraqi doctors to work and live in Battle Creek for a month of training. Erv and his staff were important mentors to these Iraqi physicians Erv has been a national and international leader in Behavioral Health Organizations He has held leadership positions in these organizations and he had the trustof his colleagues. In 2006 he was elected Chair of the National Council of Community Mental Health Centers. Erv has to pay back society for his judgment errors. Many people were impacted emotionally and financially by his lack of judgment at the local and state level.From what | read theteare various patts of the plea agreement between Erv and the State of Michigan’s Attorney General's Office. Ifyou are considering jall time, I would ask you to consider that his development and leadership skills could be better used in an “alternative sentence” to serve dime ‘working in an underserved or high tisk community(s). This way. he could use his strategic thinking, compassion and organizational skills/creativity to impact the betterment of society, I folly understand the complexity of thiy case and the hinpact an the publie trust. take the charges Erv réceived and his plea very sertously and would ask you to consider if appropriate an * alternative sentence” as suggested above. Tape Jamis K Haveran Reffred Michigan Department of Community Health DirectorWJSCHROER WySeamons Costas Décember 7, 2015 ‘Two Wise Mice ACNE sign Cras Mion: 4017 Honorable William E. Collette Mason Courthouse: BAL S. Jefferson Maséiny MI 48854 wow snelalmarkering ous 20, 905.484 TeneeMOsy, ‘29,999. 3930 Facing Dear Judge Collette: My name's William Schroer andl am writing oft behalf of Biv Brinker. Erv is a longtime personal friend as well as colleague. We have worked together on coinimunity projects and I have also served as a contractor for Sumunit Pointe for & number of years. Ery has betta progressive and pronetive community leader who has brought s great deal of positive energy to the:comumunity and to the arena of mental health. He initiated programs that were fat ahead of their tine to include: » Independent housing for mental health clients that allowed the development of self-esteem and improved client ability to live and be productive members of society. + He initiated contracts with the Federal Center (for cleaning) and the VA Laundry to provide work opportunities for Summit Poineé clients. Agait, by taking these progressive actions mental health clients were able to be contributing members of society, hold jobs that.coneribwted to their slf- esteem and ability'to live independently and help them get well. * He initiated prograrts like Behavioral Health Resources (BHR) which is the private pay component of Summit Pointe. This allowed patients with insurance to receive more’and better services and allowed revenue to be generated to defray part of the expense of providing indigent care. Maiay of the above progressive ideas are now being adapted by other CMs and considered “best practice” among mental health authorities. , Exy was instrumental jn upjrading and professionalizing The Coordinating. Council (TCC). This is the umbrella organization which represents all health and human service organizations in Calhoun County. * Erv was also instrumental in founding an.“Alternative, High School”. Secing that there was no solution for teens who had been expelled from school for fighting or bringing a’ weapon...Erv was frsteated the schools had no plan for rehabilitation or altemative education, Erv started the Calhoun Alternative High School so that there was an alternative education opportunity anda ‘chance for these teens to not be scen as “throwaway people”. * Erv's leadership was eonstant-and a.role model for all. He was Scene Mignzine's “Main of the Year" several years ago bscaitse of his continied commitment to the community and its most vulnerable citizens.+) Erv was always present at events and dinners that helped bring visibility to important causes. ‘The Alono Club (former drug addicts) was one organization he supported and was always in attendance. Others included ‘SAFE place, the shelter for abused women and the NAACP group and was also supported by Erv. + There are other instances of his leadership and support of vulnerable people in the community as his focus went beyond those with mental health issues, Teincluded people of color, those disadvantaged by criminal records or disability. He saw to it that Summit Pointe provided finding for the Drop In Center which allowed homeless people (with or without mencal health issues) to have a place to congregate, socialize and serve as 0 job center whore those looking to hire day workers could go and find willing workers. Env Brinker is algo a close personal fiend and has agoniaed over what happened. Fs feels very badly about his decisions relating to this issue (even though [ do not personolly know exactly what he did wrong). I see ita a tragedy Erv's many years of food service, leadership and progressive achievements should be nullified and his reputation destroyed by what has happened. 1 kmow Ery to be a solid, ethical and honest man who has benefitted the community and those he has worked with, He has many friends and supporters not because he tties to be popular but because fe has done much good work. He is a frend indeed fond anytime { have needed his help oF assistance with # project he was unfailingly there. One time we were cutting wood at my house in the snow in below zero temperatures and he kept falling dawn because the boots he had on had worn out the soles und there was no tread let. [laughed and rokd him to not be so cheap and bay some new boots. Erv ws always giving of his time and energy to kelp others swithout regard for his own personal benefit. He has always been that kind of a uy..and U have known Ery since 1990. T want to conclude by stating my strong and tncompromising support for Erv. Fle is a qood fiend and a strong community leader. He may have made @ mistake can't comment on that, But | absolutely believe it would serve no purpose for Erv to be shearcerated. There is much he could do to continue to help people in need with fis leadership and intelligence. I sincerely hope the Court may find a way for Erv to be accountable for his actions in a way that will benefit the community as he has done for so many years. Thank youCriterion Health, Inc Robert Dyer, Ph.D. Behavioral Health Management Managing Principal «design. ..development,..delivery.. 720-S84-2455 Honorable William E. Collette Mason County Courthouse 341 S. Jefferson Mason, Ml 48854 December 18, 2015 Re: E.R. Brinker Dear Judge Collette, 1am writing on behalf of Ervin Brinker. | have known Mr. Brinker professionally for approximately thity years and have worked with-him in multiple capacities. Initially | ran a similar organization in Indiana and we would jointly train each other's staffs. Later | became a partner in this company which designs and ‘oversees programs and evaluates performance in programs. He brought our ‘company in for several significant projects over the course of many years. | have literally spent hundreds of hours with Mr. Brinker. Our relationship began as professionals but aver the years it has also evolved into fond friendship. ‘The vety fact that i arh writing this letter seems beyorid belief to me knowing Mr. Brinker as | do. While | do not know the detalls of the events that cause this legal issue, | certainly know how grave it is for Mr. Brinker and that itis a source of severe remorse for him that this should tarnish a life otherwise sparkling with service to others. Our actions together started when | was CEO of a similar type organization as. ‘Summit Pointe in Indiana. He provided service to my staff on improving their customer services, | have seen through the years his steadfast pressure on his staff for superior customer service. His belief that disabled people need treated with respect and that they should be shown prompt, respectful services have been a hallmark of the agency he ran. Summit Pointe excelled in Michigan as a consumer satisfying, cost effective public program. Summit Pointe was one of the few Michigan organizations to use a national consumer satisfaction system and it showed their results in the top quartile for all agencies; public or private. Similarly, Summit Pointe was always either the top one or twa of the forty severt ‘community mental health agencies In lowest cost per case: Wir, Brinker was ‘a manager who epitomized the “problem solver". He became involved with the schools in addressing the needs of adolescents who are seriously emotionally disturbed. Two totally unique programs emerged way beyond the scope of simply improved coordination with the school system, ‘Summit Pointe created a special program addressing very high risk black children in Calhoun County. It is amazing to see these surly, volatile, isolated children evolve into working teams with prosocial values over the course of the’wi Criterion Health, Inc Robert Dyer, Ph.D. Behavioral Health Management Managing Principal design:..development...deliver 720-584-2455 program. Hundreds of kids have been forever improved as a result of this program that was cteated by Mr. Brinker's perceived need. (And countless public dollars have been saved by avoiding the legal system they almost certainly had been destined for before the intervention.) Similarly he recognized how the schools were "stuck’ in addressing these at-risk kids. By focusing of technology and training a mental health enlightened staff he created an entire alternative school for kids at risk of dropping out. Qver a hundred kids in Calhoun County have high school diplomas who ‘otherwise would not. | do not think either of these programs exist anywhere else in Michigan. In his interactions with the Veterans Administration in Battle Creek he recognized an opportunity fo provide sustaining employment for people with serious ancl persistent mental disorders. Now the local VA ships laundry in from a three state area to be cleaned by Summit Pointe clients who are ‘well paid for their efforts. This has turned into a very creative business relationship that has endured for many years to the benefit of many Calhoun County disabled people. His relationship with the senior community has resulted in him knitting together @ program betwaen PACE, the Calhoun County Senior Center and Summit Pointe that wraps around the frail elderly in @ much stronger way than most counties have done. ‘Mr. Brinker isa man who has made a difference in the lives of many people who dont even know it. His creation of programs in Calhoun County that don’t exist in other communities reflects his work with other community leaders to solve visible problems. He Is creative and has been tireless in his pursuit of what makes. difference. He is well known in the county as a “go to” guy who will pursue solutions, Mr, Brinker and my pattis have crossed in our national professional lives as well He has been a highly respected leader in the industry. In trade groups he has. been Identified as exemplary and has been chosen to be part of @ policy team. addressing cross cultural administration of public behavioral health benefits. He frequently has been a national conference presenter on policy governance, ‘consumerism and community development. AS hear his possible sentence, it is very hard for me to believe society would be one etter, nor that he would be chastened one bit more by his incarceration. | would respectfully request your full consideration that no good would be accomplished by incarcerating him. His position, his reputation and standing in his community have been fom asunder. He is someone with much good in him and he can still do much good, | hope he has the chance to show us all, Respectillly submitted,M1 criterion Heath, inc Behavioral Health Management «design. ..development...delivery.. Robert Dyer Robert Dyer, Ph.D. Managing Principal Criterion Health, Inc. Robert Dyer, Ph.D, Managing Principal 720-584-2455December 7, 2015 Honorable Wiliam E. Collette Mason Courthouse 341. Jefferson ‘Mason, Mi 43854 Reference: Mr. Erv Brinker, Case No. 15-00688-FH Dear Judge Collette: tis with a mix of Zadness and hope that | write this letter in support of Erv Brinker. Ihave known Erv since the mid 1980's when he was a student in my Master of Science Administeation (MSA) class at Central Michigan University. Over the past decades | have worked with Erv and his leadership and operations teams at Montcalm Community Mental Health and later at Summit Pointe. | believe | have a very solid basis for commenting on his character and some of his accomplishments. Unselfish Leader In my years of working with Erv I never heard him raise a question about how a goal or 2 team action would impact him personally. He has always been a very giving and unselfish leader. Indeed, he has been about supporting the team and its goals no matter the consequences for him. Erv always focused on two key things: 1) Support and development of hs staff and 2) Advancing the organization, Energetic Innovator If you wanted to find someone who leads the discussion on innovation in the public ‘sector in breaking the tired bureaucratic mold of community mental health, iti Erv Brinker. |have always been impressed with his ability to go beyond the obvious and move his team to another level of ‘thinking and performance. For example, how many community mental health agencies employ clients to work in a laundry to provide services to the military and other organizations? How many community mental health agencies are actively engaged in providing housing for their patients? Others in is field are frequently threatened by this type of innovation. Erv’s focus on people needing holistic mental health support was more important than being popular among his colleagues in the profession. Good Heart | know Er Brinker's heart and character. This is 2 good person. | have seen his goodness in large and small ways. Whatever the outcome he is the kind of person who will earn from his experiences and move forward ina very positive way. Judge Collette, | began this letter stating that | hada mixed sense of sadness and hope. My sadness is that | have watched this good man struggle with this process. He has struggled with his own sense of the past and with how to move forward. Erv Brinker is not the kind of person who patiently waits, He is a person of action. —My hope is two-fold; fist that you wouk! vew him in the entirety of is career of compassion and leadership to help people who are in need of capable advocates. Second, that this chapter In Ev’ fe will not hart him in continuing to contribute to the betterment of others. ‘Thank you for your consideration. decry, wate Lewis 6. Bender, PH.D. Professor Emeritus ‘Southern iiaoks University EdwardsviteHonorable William E. Collette Mason Courthouse 341 S, Jefferson Mason, MI. 48854 December 20, 2015 Dear Judge Collette, We are Diane and Donald Teegarden, a couple married for close to forty- four years that have served the Battle Creek, Calhoun County community for ‘most of our adult lives as leaders in the field of community support services specifically in the field of Community Mental Health and Developmental Disabilities services. We are jointly writing this letter regarding the individual character of our longtime friend and colleague Ervin Ray Brinker. Together we have known Erv Brinker for twenty-seven years. We had the privilege of working along with him and receiving his guidance and consult at Calhoun County Community Mental Health / Summit Point for twenty- five of those years. It was under his outstanding team leadership and ‘guidance that Mental Health services grew and thrived in our community. It ‘was during this time that our business association with him also evolved into a friendship as well. 1, Diane Teegarden, served the citizens of Calhoun County for forty-four years working with and advocating for people with Developmental Disabilities and Mental Health challenges. As an employee of Calhoun County Community Mental Health / Summit Pointe for thirty-two years, I served as Director of Clinical Services, twenty-five of those years with Erv Brinker as our Chief Executive Director. My husband, Donald Teegarden, served the people of Calhoun County and the state of Michigan for forty- seven years working in various capacities stich as consumer advocate, social work, as well as managing and implementing state and local programs for people with Developmental Disabilities. Along with his on-going work with and as an officer of the Advocacy Resource Center of Calhoun County and an elected officer of A.R.C. Michigan Don spent many years as an employee of Calhoun County Community Mental Health / Summit Point with twenty- five of those years in direct employment and later as a contracted consultant working with Erv Brinker. Don also worked at the state level to establish legislation for integration for People with Disabilities.‘Through our professional relationship and our friendship we can clearly vouch for Erv Brinker, and say that he has been a person of morals and integrity over the time we have known each other. We can further state that Erv has been immensely dedicated to his community, those in need, and to serving his fellow man. He was a dedicated active member and leader of the Calhoun County Coordinating Council, he served on various philanthropic ‘community clubs, groups, and organizations, and at one point Impact Calhoun County named him their Man of the Year. Summit Point thrived under the leadership and direction of Erv Brinker. He taught his employees, the board, and the community to treat and accept the people that we served as customers and not as patients or clients. As C-E.O., Erv Brinker challenged the staff to develop their own skills in leadership and service delivery and to implement “self-directed teams.” He helped introduce the Ken Blanchard team building process. He implemented “Authority Status, financial ownership, as well as the concept to treat the people we provided Mental health services to with 100% respect. Erv also implemented managed care, per the State of Michigan’s direction. He strove to provide outreach, knowledge, and integration to Calhoun County, including but not limited to, education, law enforcement, hospital courts, medical professional and many other organizations and indi that served the community. He challenged us to provide services to Medicaid and Medicare recipients that were good enough to be purchased by individuals that were self pay and 3rd party insured. We increased revenue under the direction of Erv to inelude all people needing Mental Health services in our County. Ev has integrity and has always been an outstanding ‘man with a sincere desire to help others and improve services within the community for all people. Erv has owned two different working farms since we have known him growing trees and gardening along with raising chickens and developing himself as a beekeeper and farmer. He is a dedicated family man towards his daughter Heather and his three lovely young grandchildren. Not only is he a kind and loving person towards nature and his family, he is also a kind and loving person toward his friends too.Obviously we think a lot of Erv Brinker because not only have we benefited professionally from our working relationship with him, but our community has also been a beneficiary of his leadership and service. He has been known to be helpful and charitable, and is a much-loved person by many. We, Diane and Donald Teegarden, respectfully and with sincere care for Erv Brinker and our own first hand knowledge of his many attributes and denefits to the citizens of Calhoun County request that the court does not incarcerate him as part of his sentence. ‘Yours faithfully, Diane Teegarden Retired Director of Clinical Services, Summit Point Former ARC Officer and retired Mental Health Educator and Consultantgrace racehesthnior HEALTH ® * December 7, 2015 Honorable William E. Collette Mason Courthouse 341 South Jefferson Mason, Mi 48854 Dear Judge Collette: This letter is in support of Erv Brinker. | am the President/CEO of Grace Health and have known Erv for more than 25 years in the professional capacity and as a friend, Since both Erv and | served as CEOs, we attended many of the same ‘community meetings. He has participated in multiple meetings and committees over the past 25 plus years. Erv is a great leader who has the ability to bring organizations together in order to make a difference for the greater good of our community. He recognizes the importance of collaboration and that more can be done efficiently and effectively when we all work together. His commitment to our community and patients has been seen through several generations with families and is greatly appreciated. He was even recognized as Scene Magazine's 2007 Man of the Year for all of he has done for our community. | have personally seen and know that he has aheartfor people. Erv treats everyone with dignity and respect. He has changed the landscape and face of mental health in our community and helped.people not be ashamed of their illness. His leadership in the mental health area has not only been missed but is a big loss for our community. I do support Erv Brinker and believe that he is not a detriment to society. Therefore, | respectfully request that the court not incarcerate Erv as part of his sentence. If you have questions, you may contact me at 269-966-2600. Health care with grace, AJ. Jones, ND President!CEO Bate Cre, 49037-2963 269.965.8866 2689654873 Administration 1 269965.2600, 269.965.4773 Bchaviral Heath 269966 2627 Dental £265 966.2627 260.965.8866 # 269966.2627 oprayn preanae ediatice £208 966.2527 11S Marke Pace ‘bin, 9224 1767 5176286509December 13, 2015 ‘The Honorable William £, Collette Mason Courthouse 341 S, Jefferson Mason, Michigan 48854 Dear Judge Collette, [Lam writing this letter on behalf of Ervin Brinker. T retired in 2005, after a long carcer in K-12 and university work as a teacher, counselor and administrator,. That's when I found myself in an intriguing conversation with Erv Brinker. Although we had known each other for afew years, it was the first time we shared our philosophical beliefs regarding the state of mental health care in our schools ‘and community. As we spoke, I was impressed with his passion, concern and commaitment to providing quality mental health care to the underserved members of Our community. ‘A few days later, [entered into a contract with Surat Pointe; and what { soon iscovered was that, for Erv, those comments he made were truly reflected in the innovated and caring leadership he initiated in the schools, courts and jails throughout the ‘county. Through programs such as “Building Bridges” in the schools, “Connections” ‘work program, and the YASI assessment too! for juveniles ~ to name justa few, he delivered programs to clients, rather than require them to come to us. In each case, Erv worked tirelessly to empower his staff to use their own creative style to enhance the quality and method of service delivery. ‘Throughout my temure at Summit Pointe, I witnessed what a truly respected leader in this ‘community Erv has been —he is recipient of the “Man of the Yeas” community award. “The long history of good he has done in and for this community should not be overshadowed by this one act~for which I beliewe he is traly sory. Ltust you will ‘ecognize all the positive qualities ofthis men and make your sentencing decision with this in mind, Lf a