BUSINESS ENTERPRISE PROGRAM of OREGONBECC MEETING (regularly scheduled)

OREGON COMMISSION FOR THE BLIND535 SE 12th Ave. (Portland office)

Thursday, July 23, 2015, at 3:30 PM

Conference line: 404-443-6397Participant code 943611#

AGENDA

1. CALLED TO ORDER- Chair Mirandaa. Roll callb. Disposition of minutes- May 28, 2015 (action item)

2. PUBLIC COMMENTS (3 minutes per person)3. FINANCIAL/BUDGET- Administrator Johnson/Director Morris4. TRAINING & EDUCATION

a. 2015 Fall In-serviceb. Open positions for next election

5. OLD BUSINESSa. VA White City

6. NEW BUSINESSa. Operating agreementb. Code of conductc. Uses of set aside

7. NEXT MEETING- Chair Miranda8. ADJOURNMENT- Chair Miranda

VERBATIM

[started at 00:04:16]

Miranda: Okay, I have 3:31pm, so I’m going to call this meeting to order. And I need to amend the agenda to include the Director’s Report, which will be number seven. And we’ll start with roll call. From the Elected Committee. Char Mckinzie?

Mckinzie: Here.

Miranda: Cathy Dominique?

Colley-Dominique: Here.

Miranda: Tessa Brown?

Brown: I’m here.

Miranda: Ken Gerlitz?

Gerlitz: Present.

Miranda: Art Stevenson?

Stevenson, Art: Here.

Miranda: Lewanda Miranda’s here. And now we’ll go to membership. Jerry Bird?

Bird: Here.

Miranda: Derrick Stevenson? Derrick Stevenson? Gordon Smith?

Smith: Here.

Miranda: Harold Young?

Young: Here.

Miranda: Lin Jaynes? Lin Jaynes? Steve Gordon? Steve Gordon? Randy Hauth? Randy Hauth? Steve Jackson?

Hauth: I am here.

Miranda: Oh, thank you. Steve Jackson?

Jackson: Steve Jackson’s here.

Miranda: Salvador Barraza? Sal Barraza? And Ann Wright called in, and she won’t be here due to medical issues.

Miranda: And Agency Staff?

Morris: Eric is here.

Johnson: And… and Dacia’s here, as well, just for the first part. So, thank you for having me.

Miranda: Thank you. And visitors?

Haseman: Linda Haseman.

Gerlitz, Cathy: Cathy Gerlitz.

Miranda: Any other visitors? Okay, that concludes roll call. Disposition of minutes, May 28th. I’d like to make a motion to pass those minutes?

Brown: I’d like to second the motion.

Miranda: And we’ll do roll call vote. Char Mckinzie?

Mckinzie: Yes.

Miranda: Cathy Colley-Dominique?

Colley-Dominique: Yes.

Miranda: Tessa Brown?

Brown: Yes.

Miranda: Ken Gerlitz?

Gerlitz: Yes.

Miranda: Art Stevenson?

Stevenson, Art: Yes.

Miranda: And I’m a yes, so they pass. So now we’re going to open for public comments, and we’ll limit it to three minutes per person. So do we have anyone that would like to make public comments?

Smith: On?

Miranda: On, on anything.

Smith: This, this is Gordon. I’ve, had been marked down a few times from the Health Department on our shelving in the refrigerators. I put those in and had them powder-coated a light, sort of towards silver or gray color. Worked terrific.

Mckinzie: Oh, wow, good. Good idea.

Colley-Dominique: Good idea.

Smith: I thought that might be well to pass on, because I’m sure I’m not the only one that would be having that problem in the older refrigeration.

Mckinzie: Yeah, they get kind of rusty and you just scrub and scrub, but they don’t, you know… I tried having them [inaudible].

Smith: Yes, I took them in and… Do you know what powder-coating is?

Mckinzie: Yeah, I love it.

Smith: Okay. It really worked well.

Miranda: Thank you for sharing that.

Mckinzie: And I heard it lasts forever. You can have it, you know, outside in the [inaudible] and it doesn’t rust. So, we… That’s great.

Smith: Yes. Yes.

Mckinzie: Was it expensive?

Smith: For all of the refrigeration, which we have quite a bit, it was $180.

Colley-Dominique: Oh, my gosh.

Smith: So, I thought it was, for solving a problem, that was pretty cheap.

Colley-Dominique: Yeah, that’s negligible.

Mckinzie: Yeah, for, for no mark down, I love that. Yeah, gotta keep the Health Department happy, right?

Smith: Yes.

Colley-Dominique: Thanks for telling me that.

Miranda: Thank you for sharing that. Any other public comments?

Hauth: Yeah, this is…

Jackson: Can I say a [inaudible], Lewanda? Oh, go ahead.

Miranda: Go ahead, Steve.

Jackson: Okay, yeah. This is Steve. I’m, I’d just to like make a comment. It would be really nice if I could have a meeting with Eric Morris some time next week, and discuss the things that we’ve been discussing, and try to get things ironed out, resolved.

Miranda: Would you get back to him on that, Eric?

Morris: I will.

Miranda: Okay. Any other public comments?

Jackson: Thank you, thank you very much.

Miranda: Thank you.

Hauth: Yeah, Lewanda, this is Randy, and I’d like to read something into the record.

Miranda: Okay, Randy.

Hauth: This was an email that I sent to Mr. Stevenson and I’d, I’d rather read it. Easier for me to do, so… Dear Mr. Art Stevenson, BECC member. Since you are apparently the only BECC member who is properly representing the licensed blind vendors in Oregon, Business Enterprise Program, and because the other BECC members do not, in my opinion, respect or value the licensed blind vendors’ concerns, who they are supposed to represent, I am requesting as a BECC member that you place the official record on today’s meeting. Specific concern number one, item two under Termination of Agreement on the attached draft operating agreement, states “2. The Commission has received a request from the permit or host agency to remove the licensed blind manager. In this case, the Commission may cancel this operating agreement without notice.” Having a no-cause termination clause such as this is in an operating agreement, in an operating agreement seems to be a contrary to law, as licensed blind vendors are entitled to due process rights in the Randolph Sheppard Act, Oregon Administrative Rule 585.010.0015, as well as employment rights and other applicable requirements in the American with Disabilities Act. Specific in turn number two, that’s policy number 50.010.03, applicability is very specific as to who it applies to. All employees including temporary employees and volunteers and others working in this Agency. Clearly licensed blind vendors do not fall into any of these applicable categories. This policy is inappropriate to utilize in the Business Enterprise Program. Specific concern three: licensed blind vendors are in a protected class and should not arbitrarily, capriciously, and/or non-uniformly, have code of conduct and/or other ethic policies embedded into…bear with me here, just a second…into termination of agreements, especially when they are other, when there are other disabled clients receiving programs and services from the same state Agency who receives state and federal funds for programs and services offered who do not appear to have the same codes of conduct termination clause. Specific concern four: in the last BECC meeting held on May 28th 2015, a licensed blind vendor specifically asked BEP Director Morris is other clients of OCB are subject or would be subject to same DAS policies to which Mr. Morris responded, “It’s, um, that was a good question.”

Morris: That’s three minutes.

Hauth: [inaudible] No. All licensed blind vendors deserve a specific answer to [inaudible] questions [inaudible].

Miranda: Okay, thank you, Randy. That’s, that’s three minutes.

Hauth: Director Morris, so, I’m almost done. Just bear with me, please, just one second. So what is the answer, Mr. Morris? Sincerely, Randy Hauth, licensed blind vendor. And I will forward this along to the Committee, thank you.

Miranda: Thank you for forwarding that. And we will be discussing this throughout the agenda. Any other public comments?

Haseman: Yes, this is Linda Haseman.

Miranda: Okay, Linda. Hello?

Haseman: I’m going to share the concerns, as, as you just noted, as somebody with a screen reader and large print documents is attempting to read, to cut them off after three minutes when they ask you to bear with them so they, they could scroll into their document probably isn’t a very good call for a public entity and a public meeting. I think they need to, you guys need to reconsider the three minute, and realize that people are using accessibility documents as they’re attempting to read them into the record.

Mckinzie: Madam Chair?

Miranda: Any other public comment… Yes, Char? Go ahead.

Mckinzie: I believe we did let Randy finish after his three minutes. I was under that impression.

Miranda: We did.

Mckinzie: Thank you.

Miranda: Any other public comments?

Smith: This is Gordon again. I received the Oregon Commission for the Blind little sticker.

Miranda: Mm-hmm?

Smith: Where, where do you suppose we should put these? Like on the window of your car or on the board at work, or what’s the idea?

Mckinzie: I didn’t get one.

Colley-Dominque: I didn’t either.

Gerlitz: Me neither.

Miranda: Where did you get that at?

Gerlitz: [inaudible] equipment, Gordo.

Mckinzie: [inaudible] Gordo.

Miranda: Where, where did you get that?

Smith: Yes.

Miranda: Is it like the sticker for the vending machines?

Smith: I, I’m wondering if that isn’t what it is. I, it just says, Business, Business Enterprise Program.

Morris: Gordo, I’m pretty sure those are supposed to go on the vending machine, I, if it’s the same one I’m picturing.

Miranda: Yeah.

Smith: Okay.

Miranda: I, I don’t, I don’t know of any others.

Smith: He said, he said vending. Okay, thank you.

Miranda: Thank you, any other public…

Brown: That does sound like a good idea, though, Lewanda.

Bird: This is Jerry. I, I, I got vending machines and I don’t have those stickers, so if I could receive some, I’d appreciate it.

Miranda: Do you have those available, Director Morris?

Morris: I do. We’ll send out at least a dozen to everybody. And I know some…

Smith: That would be cool, because I, I’d use them at work also.

Brown: That would be great. It would be really good to…

Morris: Yeah, some people need a lot more and some people won’t need twelve, but we’ll get some out to everybody. That was one of the things, I was trying to figure out a good way to get out, and we’ll just mail them to everybody.

Miranda: Thank you.

Smith: Okay.

Miranda: Any other public comments?

Smith: Thank you.

Miranda: Thank you. Any other public comments? Okay, hearing none, we’ll…

Haseman: Yes, you’ll, yes, this is Linda Haseman again. Do we get to talk multiple times?

Miranda: Do you have something else to say?

Haseman: Yes, I believe when Randy was cut off multiple times on concern number four, he asked a question of Mr. Morris, and if Mr. Morris cannot address it tied to the request from a licensed blind vendor or public comment, I would ask that a BECC member ask the same question of Mr. Morris so that he can address and provide an answer during the public meeting.

Miranda: Mr. Morris, can you answer that question or do you need to get back to him or what? What’s your answer there?

Morris: I don’t think I heard the question.

Miranda: Could you repeat that question, Mr. Hauth?

Hauth: Sure I can. During the last meeting, as you’ll remember, I asked you why this policy was being brought forth and is it a uniform policy that’s applicable and applied to all consumers of this agency. And you remarked that that’s a great question and you’ll get back and find out and research, and get back with me. And I’m wondering what you found out.

Morris: I don’t have an answer for that.

Hauth: Did you… Okay, well.

Morris: I’ll get one though.

Hauth: I guess you don’t have an answer.

Morris: I’ll get you an answer.

Miranda: Any other public comments? Okay, hearing none, we’ll move on. Three, Financial Budget, Administrator Johnson and Director Morris? Welcome.

Johnson: Thank you! I appreciate the opportunity to be with you for the beginning part of your meeting. And I wanted to give you a budget update and [inaudible] things. You know, we have been a lot, through a lot of territory over the last couple of years, but I just thought it would be helpful to figure out, give a sense as to where we started this budget development process. And when we met as a group in March of, of 2013, or April of 2013 or around there, we were really talking about kind of the state of the program at that point. And what we really were talking about and what folks were sharing is the lack of growth in the program and really needing a, a agency that could be responsive to the, the urgent needs that come up when operating a facility and the, the, being able to secure opportunities as they come about. And in that process, we had the Elected Committee participate in the future with doing some strategic planning around the program that would help guide the budget development process for the Agency. And in that process, really, what the BECC provided input around is, you know, we really heard you guys talking about the, the, your concern about the longevity and the health, and the overall health of the program long term, and the need to really grow the program, and not only in terms of individual, personal success in terms of their individual businesses but the overall growth of the program, so there’s more opportunities for Oregonians who are blind. So, we really took that input in and tried to determine what does that look like for an agency that can be responsive to the needs of people in the program that have those day to day needs and be fully compliant with all of the requirements of the state licensing agency, and it’s really securing those opportunities that are potentials for the program so that more Oregonians who are blind can benefit from this opportunity and employment. And in this concept I really do, and I’ve talked from the very beginning, and I’ve committed, that the Business Enterprise Program, that the, your vision of it being this strong, vibrant program in the future, is aligned with our vision, in that, really, you’re the ambassadors for the Agency. You’re so visible, you’re out there, you’re demonstrating to people in Oregon that Oregonians who are blind are working, they’re contributing to the economy, and it fits directly in alignment with everything else that we do at the Agency. So, I am really, really proud to say that after a lot of hard work, a lot of infrastructure and conversations around creating a strong business case, our Agency budget for the next two years, which started July 1st, resulted in an increase in staff for the Business Enterprise Program of three new positions. So, what that means is we will have, instead of sharing part of my Executive Assistant, Eric will have his own Administrative Support Person that will directly work with him. Kathy will be in that position. In addition to that, as you know from providing input into that process, we are in the process of being able to recruit for two additional positions. One of them which would be focused on training and continuing education of managers, and the other position would focus on kind of securing those opportunities for them as they come about. So, we’re really excited, and I just want to just

thank the Elected Committee for your commitment to collaboration and partnership with the Agency, and helping us create that vision for the future that really focuses on a strong, vibrant program that can be responsive to the needs of the current managers, but also looking at growing the program in the future. And I just want to say that it’s really a testament to, and hopefully a seed, a planting a, a tree for the future that if we work together, we can accomplish significant results. And I will tell you that no one thought it was possible two years ago, and we just decided, you know, we know it won’t happen if we don’t ask, and if we don’t fight hard for it. And even despite some opposition to that effect, that, that folks weren’t totally in agreement that this was something the Agency should have, we were able to overcome that adversity and get this policy packages through the Legislature. So, just thank you for your commitment to the partnership and your faith that, you know, working together can make a difference for the program and we’re really excited about the opportunities that these new resources will come about. So, thanks so much.

Miranda: Thank you, Dacia, for all your hard work and all the managers that, that, that spent their time working on it, as well.

Smith: Well, thank you.

Colley-Dominique: Thank you, Dacia.

Hauth: Chair, Chair Miranda? I would like to make a comment on this point of business?

Miranda: Yes, Randy?

Hauth: Yeah, I’d just like to share, just so everybody knows how important and vital the Business Enterprise Program is, because without the Business Enterprise Program and the new staff that had been designated through state monies and our set-aside, there would not be enough matching funds, there would not be enough money to continue and meet the maintenance of effort on the federal monies that are provided. The closure and loss of the Oregon Industries for the Blind put the Agency in a world of hurt. So without our program, the Agency would certainly be suffering. Now, we’ll share with you also, maybe many of you don’t understand, how case closures go, but the homemaker, which the Agency utilized readily, even though it wasn’t a best practice over the last ten years, which documents will show, is no longer, as I understand it, an available outcome, which will tighten up money allowed to the Agency. The Agency’s budget in this coming biennium is less than it was in 2013-2015. Donations are down. The growth of the program, you know, put your money, let’s put our money, money where our mouth are, and let’s bring new people into this program. Let’s fight for the rights of the managers. Hasn’t been any growth in this program. So, just so you guys all understand, without those staff members coming in and that state money, there would not be the matching money to continue to meet the maintenance of effort and keep this organization going in the right direction. So the Business Enterprise Program is a vital, important part of this Agency, so let’s grow it. Thank you.

Johnson: I’d like to provide a little bit of…

Stevenson, Art: Chair Miranda?

Johnson: Can I… I would like to just be able to respond to that. And I won’t be able to be with you for much longer.

Miranda: Yeah, go ahead.

Johnson: So, I appreciate Mr. Hauth giving me the opportunity to, to clarify that. Actually, the additional resources for the Business Enterprise Program is actually in excess of what is required for federal match. So, we are actually being able to get state dollars that won’t be leveraged for federal dollars to build in the basic program. We, our actual program is, it is a slight decrease from our overall budget for 13-15, that is accurate. But it’s actually in the increase of six full time positions, and it’s the, the reduction that is reflected in the Legislative Budget. It’s actually a reduction of limitations, which is spending authority. It’s not a reduction in dollars. So it does look, if you just look simplistically at the budget as a slight reduction in funds, but it’s actually an increase in total funds. It’s an 82% increase in general funds, or state investment into the Agency. So I do think that it’ll, I don’t want to minimize the importance of the Business Enterprise Program. The overall agency is not dependent on set-aside the way it was, and it’s certainly not dependent on this increased resources to match the basic grant. The other point is that the, the Homemaker closures, and irrespective of that, it doesn’t have any direct relationship with the funding under the Rehabilitation Grant. There is no relationship between the, the change in policy at the federal level and the Agency’s funding. Appreciate the opportunity to clarify that.

Miranda: Thank you. Art? Mr. Stevenson, did you want to speak?

Stevenson, Art: Sorry, I hit the button again and I was off mute. Am I, am I being heard right now?

Miranda: Uh huh.

Stevenson, Art: Okay. So, so, we got three positions paid for in, in the budget. Then one of those positions is, is going to be for Kathy Ewing? The other one for Art Marshall? And then, and then we’re going to have an additional employee hired, is that, is that my correct understanding of how this is going to work?

Miranda: Two additional.

Johnson: Great question, Art. Actually, it is two additional positions, so it’s, it’s an increase of three positions. What we’ve been doing for the last couple of bienniums is actually sharing an Exec. So Kathy Ewing was sharing Dee Bucellato’s position in a job share. That, as of July 1st is no longer. So Kathy Ewing’s position is budgeted under the Business Enterprise Program directly

and it’s not a job share. But in addition to Mr. Marshall’s position, we actually will be hiring two additional positions for the Business Enterprise Program. So we’re really going back to a staffing level that hasn’t been in existence since well before my 15 year tenure. So we’re really, really excited about what this gives us in terms of capacity and for those of you who have been in the program a long time, you remember the good old days when there were some, you know, some, some folks in the program to be able to be responsive and, and have those, you know, much more onsite visits, and so on. So we’re really, really excited about this capacity opportunity for the program.

Stevenson, Art: Thank you.

Miranda: Any other questions for Dacia?

Hauth: Yes.

Miranda: Randy?

Hauth: Uh, yes. So backfilling, was that provided through the legislators through the budget package relative to Mrs. Ewing and/or possibly Mr., Mr. Marshall? Are those going to be what they consider backfilled positions? And if so, was the legislator, legislative body and assembly, was that sold to them?

Johnson: So, Randy’s question is whether or not… So, our current service level included Art Marshall’s position. It included Eric Morris’s position. The policy packages, any time you want to change your current service level, you put in those packages, the kind of change, and that includes reductions or additions. So the policy packages reflect three new positions. One of those positions being Kathy Ewing’s. And then the two additional Program, that would be in addition to Mr. Marshall. So those, the current, the, the positions that you’re reflecting actually were in the current service level of the Agency’s budget. And in relation to the backfill, if you’re talking about the donations, in addition to the positions that we were able to be successful in obtaining from the legislative process, we also, also received a restoration package that removed the donations funds in their entirety from the Agency budget. So we’re no longer having to use any of the donations that count for basic operations and match. And we also were successful in obtaining three additional positions to serve seniors who are experiencing vision loss. So this really is an unprecedented level of investment into the Agency. And we’re really, really excited to be able to show through results that, you know, if you invest in us, we’ll be able to provide better services and more services to Oregonians who experience vision loss.

Miranda: Thank you. Any other questions?

Brown: This is Tessa. I just wanted to say thank you to Dacia for coming out and planning all this. And I’m really excited to see new people in the program and see where they help us take ourselves.

Colley-Dominique: I agree.

Miranda: Yeah, thank you, Dacia.

Johnson: Yes, and thank you. And really, you know, part of our growing will be for us to work together to sell the advantages of the program to individuals. To really make a good case for people wanting to, you know, be in this program and, and why it’s, you know, valuable and, and you, and the Elected Committee and, and folks in the program, you’re really the ones that can help us do that, right? Because you, you are the ones actually doing the work and loving it, and so I hope that we can find opportunities for you to, to encourage folks… And we’re really, kind of, we want to have really, really good business people that can represent the program well and be successful. So we’re hoping that folks can work together to say, you know, if you got the right skills and you’re ready to work hard, and you run a good business, that this is a good opportunity. So I hope we can work together to do that.

Bird: This is Jerry. I got a little question.

Miranda: Okay, Jerry.

Bird: Yeah, I was just wondering, are, are you going to be looking at hiring peop--, folks that have some Randolph Sheppard experience or knowledge, or, is it once again going to be, well, we got to start from the bottom, they never even heard the word. I’m just wondering that if, you know, since this is Randolph Sheppard Program if we could, that could be part in there. That would probably get us a lot further in the beginning than trying to get someone a couple years sped up down the road. And also my other question is, and hoping that we can get one that will start going out to places and doing surveys, and then following through on those surveys with whether we can do them or not. And then, you know, let the process happen. Thank you.

Miranda: Thank you, Jerry.

Morris: And Jerry, Jerry, I can speak to that in my report towards the end of the meeting. I got a little section to talk all about that.

Miranda: Okay. Any other questions for Dacia? Well, Dacia, we’d like to thank you for taking the time out of your busy schedule to come and, and explain that to us and, once again, thank you for all of your hard work.

Johnson: Yes, and here’s to the future of the Business Enterprise Program. Thanks so much, I’ll sign off.

Smith: You betcha.

Johnson: All right, bye bye.

Miranda: Bye bye.

Brown: Yay, us!

Miranda: Okay, next is…

Brown: It’s going to be fabulous for us.

Miranda: Yes.

Colley-Dominique: Yeah, I’m really excited.

Miranda: Okay, next is Training and Education. 2015 Fall In-Service. The date on this is set for November 7th, but we don’t have a location yet. And we would like to hear from the membership on some ideas for locations. And Eric, will you write these down?

Morris: Sure.

Brown: So, this is Tessa. And I’ve been thinking, November’s not really a great time of year to be at the coast, but really, I’d, I’d love to be at the coast any time of year. So, if we were to do, like, Tillamook, Tillamook beach or Seaside, and we just rented a giant house for everybody to stay at, we could have our meetings there, we could cook our own food, which is kind of the industry we’re in anyway. And then the people who wanted to go casino it wouldn’t be far away, and the people who wanted to do something else there’d be plenty of sightseeing and shops and stuff like that to accommodate entertainment for those people also.

Miranda: Thank you. Any other suggestions?

Bird: I’d, this is Jerry, are we going to have, is it going to be one day? Or is it going to be, you know, a one day that we do everything? Are we going to go back to like a Friday, a Saturday, and then a Sunday? Or… How many days is it? I…

Miranda: What are we going to do, Eric? [inaudible] going to be out of town, now.

Morris: Well, we, yeah, if we’re going out of town, it would probably be wise to do either a Friday, Saturday or a Saturday, Sunday, just because of the travel involved for the entire group. I know at least one speaker we have booked for the 7th. So, you know, it’s still flexible right at this point, and it’s probably going to depend a lot on availability also.

Miranda: So we will get that at you.

Smith: Well, this is Gordon in Roseburg. Excuse me. This is Gordon in Roseburg, I’d like to put in for Seven Feathers.

Miranda: Okay. Any other, any other recommendations?

Gerlitz: This is, this is Ken, and… This is Ken, and the responses I received was overwhelming Seven Feathers for several reasons. One, and I don’t think it’s any more expensive, as a matter of fact, I think it’s cheaper. And secondly we were supposed to also make [inaudible] that every other year we would have it closer to the people in the outlying and southern areas. So, you know…

Bird: I say to make it closer we can just have it in Salem.

Miranda: Okay, Jerry’s recommendation is Salem. Any other recommendations?

Colley-Dominique: I don’t remember the name…

Stevenson, Art: Madam Chair, this is Art.

Miranda: Yes, Art?

Stevenson, Art: The last time I checked the policy of OCB was that we couldn’t go to a casino. I believe if that is going to be the recommendation and stuff, we first check with Director Johnson to make sure that OCB is cool with the fact that us having an In-Service training at… Because I know it was a policy of OCB that we couldn’t do it there anymore. And I hadn’t heard that change, so I think we should confirm that with the Executive Director before we say that’s what we’re going to do. And I think we should have it at a location where public transportation is available to get to the location for those managers who need it. So, you know, that’s my input on that.

Gerlitz: Well, I’d just like to add one thing. If that is a policy, I think we should know the basis for that policy. I don’t think they can just arbitrarily have a policy that dictates to us where we can have meetings since we are volunteering our time.

Stevenson, Art: Well, Ken, that’s fine with me. I, you know, I’m, I know there was reasons given before and that it was a policy. It had been brought up. So, it should be checked on again to make sure that everything’s cool with OCB. Because I do believe there was a complaint filed that the state agency was going there and, and that was the problem.

Hauth: Yeah, Chair Miranda?

Bird: Eric!

Miranda: Randy?

Hauth: Yeah, yeah. I will share with you, I have all those documents because I was the Chair at the time when we went back and forth with this. And you know, when the Agency wanted to bring everything in-house so we could, you know, really become part of the Agency and see how they did business there. And I mean, I don’t know what the whole rationale was, but I pushed and pushed, as well as Lin Jaynes did. And quite honestly you guys supported the Agency having the In-Service at the, at the Agency, and you know, I do know that Director Johnson and Director Morris in writing told me and other committee members that we couldn’t go to the casinos. So just keep that in mind. I don’t know that that’s changed either even though, you know, we, we done it for years, so…

Miranda: Will you look into that, Eric, and let us know?

Morris: Yeah. But I, I, I’m pretty sure Randy’s right, I don’t think anything’s changed. But I’ll follow up with the boss and double check and let you guys know.

Miranda: However, we’re not locked in to having it at the Agency, at the Portland Office, are we?

Morris: No, and we…

Colley-Dominique: It was just done as a, as a money saving [inaudible]…

Morris: Yeah, and we were, and we were alternating for a while, and then obviously like this Spring we didn’t have one. But the other place I’d, I’d contemplate, that I’ve attended some conferences was the Hilton in Eugene because they have a massive conference center there.

Colley-Dominique: Yeah. I was thinking of that, too.

Miranda: It’s a, that’s a, a Duck home game.

Morris: That’s right, God, I knew there was some reason, so, yeah. But I’ve also been trying to wrack my brain to find somewhere that was, you know, like Art said, that had some accessibility for transportation, which, unfortunately, there’s not a lot of great mass trans--, transit outside of the Portland and somewhat in Salem areas. But yeah, we’ll keep, I’m jotting notes down as we’re sitting here talking.

Mckinzie: Well, we have to be careful about Eugene because of the Ducks games.

Morris: Yeah, that’s, that’s totally right.

Miranda: That’s probably pretty much out for that weekend, but…

Morris: Yeah.

Mckinzie: Yeah. Yeah.

Miranda: But Salem would be open, so… Any other suggestions for locations?

Colley-Dominique: No, I was going to think Eugene, too, but…

Morris: Yeah.

Miranda: Yeah.

Stevenson, Art: Well, I think…

Miranda: Okay, Eric, so… Oh, but I, sorry, go ahead, Randy. Errr, I mean, Art.

Stevenson, Art: That was Art. I, I, I just think, you know, for those managers who do have to take public transportation that, you know, and the cost and the expense and the amount of time that it takes, like, coming from Southern Oregon or whatever, you know, that, that be given real heavy consideration. Because there are certain individuals, you know, that can’t ride on the bus for 8-10 hours. And so, you know, I would discourage the Coast.

Miranda: Okay, so Eric, will you get back to us soon with that?

Morris: I will.

Miranda: Okay. All right, so…

Smith: This is Gordon again.

Miranda: Uh huh, Gordy.

Smith: I would, Karen would like to thank everybody for the cards and emails for her cancer problem. She had had the surgery. It went very well. She is finished with 20 sessions of radiation, and she’s doing super. Thank you.

Colley-Dominique: That’s great.

Miranda: All right, thank you. Okay, BE Open Positions for next election. We’re not doing nominations in this meeting, but I wanted to make people aware of the, of the upcoming openings. And so on our next meeting we will be doing the nominations, which will be the meeting prior to our In-Service. Position open 2015, Portland 1, currently held by Tessa Brown. In her area is Steve Jackson and Lin Jaynes. Secondly is Salem 2, currently held by Art Stevenson. In that area is Ann Wright and Harold Young. And thirdly outlying areas, currently held by Ken Gerlitz, and managers is myself, Gordon Smith, and Steve Gordon. So I’d like you to

all think about that and, and, well, think about who you’d like to nominate and be ready for the next meeting.

Bird: Question, Jerry.

Miranda: Yes, Jerry?

Bird: Yeah, I, I’d like to make a, what have you, I don’t know, thing [inaudible], or make it clear on, on who is eligible to be a, on the Board. Do they have to be in good standing, that’s to be, Handbook states?

Miranda: Eric?

Morris: I’m working to get the, I think that, I don’t think it’s the Handbook. I think it’s in the by-laws. So I’m getting the by-laws pulled up here.

Jackson: Did Jerry Bird…

Bird: I know it’s [inaudible] been our stuff, because it’s been in there fors, since I’ve been in the program, which is kind of a thing that, you know, I’m not putting anybody down, but if you want to be a Board member, you have to be in good standing. You can’t owe any fees. I mean you can’t, you’re not even supposed to be able to move on to anything until you do. It’s like a punishment, and if you’re going to be a Board member and not follow the rules, that’s kind of like, watching your parents do this and telling you not to do it. So, I don’t know why you have to keep jumping around, well, we’ll see if it is, it’s either yes you do, for sure. Why wouldn’t you? You know, that, that’d be a code of conduct. Thank you.

Hauth: Chair Miranda?

Miranda: Yes, Randy.

Hauth: Yeah, I just want to share for the record and for a point of information. The Elected Committee is the Elected Committee; they’re not the appointed committee. So anybody who is appointed or has been appointed, I can tell you that it is a concern. You may want to leave this at this with RSA because I’ve had discussions with both Jesse Hartle and Deanna Jones, and the concerns are that a person appointed upon a Board, not the proper protocol for that. So just wanted to share that with you for your consideration. As many of those, many of that is, is a questionable assignment. Thank you.

Miranda: Thank you for sharing. Okay, so 5, Old Business, VA White City. Okay.

Morris: One second, Madam Chair. Okay, sorry for that. I was just trying to find something real quick. So, VA White City. Where to begin in the journey of VA White City. As, as you guys will recall, 2008, 2009 I think it was, if I remember correctly, the Commission applied for a permit to

do vending at the VA White City facility and the VA was nonresponsive to that permit. They basically stalled and didn’t, didn’t answer. And so about a year after the permit was filed, the Commission filed for arbitration against the VA. And then once that process ran through, which took, I think, approximately two years to go through, the, the arbitration panel ruled in favor of the Commission, that we should be able to establish a vending facility there. So, that brought us up to two-thou--, late 2012, I believe the decision, the arbitration decision was in August, September of 2012, when I came on board in late 2012, early 2013 the VA was still being nonresponsive to the, to the arbitration panel decision. So, over the past couple of years we’ve tried to figure out through many different methods how we were going to get the VA to comply. And we figured out that, very quickly, that it wasn’t just us in Oregon that were having issues with the VA, it was everybody was having issues with the VA. And we got feedback from many different national representatives and national organizations saying that since we were the most recent arbitration decision in favor of, of the Agency against the VA, that we should continue to pursue that decision and get it, get it enforced. Which sounds super easy—take ‘em to court. So, obviously it’s not, it’s more complicated, that any time you do a legal type of filing… But we were able to finally get a federal court case against, filed against the VA in early January of this year. And that was in the, the federal court which was housed down there in the Medford area. And so once that was filed, then my understanding was that the VA attorneys weren’t handling necessarily, they, since it was filed in a federal court, it wasn’t just VA attorneys handling it anymore. It was the Department of Justice at the federal level there was defending the VA. So I think that’s where it finally got down to the, hey, what’s going on here level for people to say, why, why are you guys battling over this, over this Randolph Sheppard Act, when it’s clear that, you know, they won an arbitration decision. I think that’s where some clearer minds came to the table. And so, I’m, and I apologize for not having exact dates because I, I did just get back from vacation and it’s been a couple months since we had the meeting with the VA. The VA reached out to us through the DOJ, federal DOJ and said, hey, would you guys be willing to meet to talk about settling this case versus going to court and spending all the expense of doing that. So, we did sit down with the VA which was two, the DOJ attorney, the federal, the federal DOJ attorney, the VA attorney, and two people from VCS which is Veteran Canteen Services, which is their, their internal vending program. And they have a massive vending program that runs within the VA, within the VA, part of the VA. And so we sat down with them and spent, gosh, a good six, five, six hours with them negotiating, trying to figure out a solution that would be viable for both sides of this. Because the VA location in White City is a big, it’s a big footprint. They have quite a bit of vending there, and you know, they didn’t want to give it up, because they were using it to basically prop up other programs they have within the VA facility. So in the end, we came up with a compromise that split, split the vending and more importantly vending income at that location. And we basically got the vending machines that were in viable locations that we asked for in the permit. So, what do you, a settlement agreement was drafted up, which took quite a bit of time bouncing back and forth between the attorneys. And that is in place now. And that will give us a permit to operate at the current level of machines and income and all that kind of stuff, machine level, for the next five years without, without us filing for any more permits at that facility. So, you know, we, we, we were able to come to a compromise and that, you know, it, it’s one of those things that, people say that a good compromise is where everybody walks away kind of unhappy. And I think that was, that

was my spin on it. I was glad we were able to come to some kind of an agreement that was viable. But you know, it’s unfortunate that we had to, and I told them during the negotiations that I, that I, I’m very unhappy that we had to spend a year fighting them after I made the same basic proposal, you know, three months after I walked in the door at OCB. To say, hey, let’s just try to split this and save everybody a little time and money. But it did sound like VCS was working across the United States to try to mitigate some of the problems they’re having with these different fights. And I, because I told them, I said, I think Florida’s going to take you to court next, and they said yeah, we’re, we’re scheduled up to go to Florida. And I think Florida’s opening a VA hospital there that they’re, they’re having a little bit of struggles with. But it did show that if you go through the arbitration process and continue to push, push, push and get to the federal level, that they will come to the table and they will, they will settle. So, in that respect it was good. It was just a, it just took a long time and a lot of resources to get it to where it is now.

Miranda: Thank you.

Smith: Hey, Eric, this is Gordon, of course, with the VA in, in Roseburg. What’s the next step for here?

Morris: Gordon, I have a whole, I’ll talk about that in my report. I got, I promise I’ve got an update on all that stuff in my report at the end of the meeting here.

Smith: Okay.

Hauth: I have a comment.

Miranda: Okay, Randy.

Hauth: Couple of comments. First of all, and I would like answers for these, please, I would like to know when and how the active participation occurred relevant to this settlement?

Miranda: Director Morris?

Morris: I don’t, I, I don’t have a good answer for you, Randy. I’m not sure what…

Hauth: It’s…

Gerlitz: I believe when it’s in a litigation it doesn’t go through active participation. I think that’s where it kind of stops and people designated in the lawsuit are actually the people who are actively participating.

Hauth: I appreciate your input, Ken. I was asking the SLA as the ultimate authority administration. And, you know, it’s my contention that active participation did not occur because that’s a major administrative decision. So if you could get back with me when that

occurred, Mr. Morris, I’d appreciate it. Secondly, I have reviewed the settlement. I, in all due respect, I don’t think it’s a, I don’t think it was a good settlement. I do not believe it splits as you said. As I look through it, it appears that the Oregon Commission for the Blind retained 12 machines. The VA White City Canteen Services retained 17. Of the 12 machines that the Commission retained, one was a coin changer. There’s three, I believe, that were food machines, which we all know are relatively non-profitable. And then, I believe, there was only one soda machine. And some of the new locations were going to be new locations, which raises the question of, if they’re going to be profitable locations, why weren’t they there already, you know. And so when I look at it, I mean, correct me if I’m wrong, but what I just shared with you appears to be the way I’m seeing it. And you know, it also looks like it poses direct competition, that there’s machines in the same building. And I just want to share with you I’m extremely concerned and I do not believe active participation occurred. I do not believe that there was a compromise. I believe that the Agency gave away the farm, the horse, and the tractor. But also in talking with Terry Smith, I understand that Terry Smith and Susan Gashel and others were well aware of this prior to even the licensed blind vendors and, you know, that con--, that concerns me, as well. With a court action, with the confirmation letter from RSA, Deanna Jones confirming that the licensed blind vendors and the Agency do have the authority and right, and with an arbitration win, we were well versed in this seat to take back and make a difference across the land. And I personally don’t think that giving away as much as you guys gave away is, is, is a benefit. But if you can get back with me on the active participation dynamic I’d sure appreciate it. Thank you.

Miranda: Okay, number six.

Stevenson, Art: This is Art. I thought I was off mute but I didn’t…

Miranda: Oh, go ahead, Art.

Stevenson, Art: Yeah, this, one more comment on that. And I, I, you know, I was on the understanding, you know, that it was going to be a 50-50 split, and, and that there was not going to be direct competition in, in, in any of the locations. And, and so I was a little bit, little bit confused, also, because I had kind of gotten the impression that it was going to be a 50-50 split and that the blind licensed manager who took over the locations that our, our machines would be the only machines in those locations. And, and so I was a little bit confused on, on why that changed. Can you, can you elaborate a little bit on that, Eric, or do you know, or was that just something that the Attorney General’s office did on their own? Because I was on the under, understanding that we were, the, that Kenny, the machines that were going to go to us were not going to have any competition.

Morris: Art, I, the direct competition issue never came up. I don’t know where, I’m not sure how you’re thinking that was part of the thing. And that basically the set-up at the VA there, it’s a, it’s a big sprawling campus, and that’s, that’s one of those things that when you dig into the details of this thing, the majority of the vending is done from one kind of a hub location. And so when the VA first made proposals, they said, well, we want, we want to keep all these machines

in this hub area and give you guys everything else. So they wanted to keep all the good stuff and give away all the bad stuff. And what we ended up settling with was almost the exact opposite. So, the number of machines that we’re getting, no, is not an even split. But when you look at the revenues brought in by those machines, it’s almost exactly 50-50. So, it’s, it’s kind of the devil’s in the details. And the, but the direct competition issue never came up. That was not, that wasn’t something we talked about.

Stevenson, Art: Okay, I was just under the understanding that the agreement, you know, that, that there was not going to be machines, you know, co-mingled. That in the different buildings, that you know, like the bowling alley, let’s say…

Morris: Well, that would be, I, I, I think I know where you may have gotten a little twisted up because the, the discussion about, maybe the, what you’re thinking is, what we did with the agreement was lock in the total number of machines on location. Because my concern was that they were going to pull out machines to allow our machines to come in and just relocate those machines somewhere else working against us. So what we did is we locked them in to say, there’s only “x” number of machines on the whole, whole campus, and that’s the way it’s going to be for the next five years, unless we mutually agree that we can add two more machines, and they’ll add one, and we’ll add one. That has to be mutually agreed upon going forward. But I did not want them to pull out 12 machines for our machines and then stack them across the way somewhere else and say, “We’re all good.” You know, and there’s, you know, a third, two-thirds more machines. So we did lock them in that way. And maybe that’s where you kind of misunderstood what happened.

Stevenson, Art: Well, so, well, and that’s why I appreciate the clarification. And so, they actually provided you guys with a, the financial data that, that it was almost a 50, or a, the 50-50 split like you said? They, they provided you with that financial data? So…

Morris: Yeah, we got a whole, we, we got a whole bunch of data the day, actually when they walked in. It was great, because they gave us, like, printed out copies of stuff, which is, everybody on this call will understand, is a, is always a fun challenge to try to, to try to wrap your head around and digest when it’s all printed out and like, you know, number six font. So, yeah.

Stevenson, Art: Okay, thank you.

Hauth: Yeah, Chair Miranda, if I can make a request? 1) What is the status of that assignment? Is that going into unassigned? Where is it going? And 2) if I could be provided those documents as a request for information as allowed to me as a licensed blind vendor, I’m doing so now. So Mr. Morris, if you could provide me that financial documentation for my review, I’d sure appreciate it. And again, where, what’s the status of that assignment?

Morris: That assignment happened a long time ago, it was my understanding, to Ken Gerlitz. That was well, that’s in all the documentation that I looked through from the arbitration stuff way back.

Hauth: Hmmm.

Gerlitz: Well, Eric, I’d like to…

Bird: Is that under a policy?

Gerlitz: I would like to add one thing. Eric did go through the financials with a fine toothed comb, and I think he did an excellent job. Now as far as me being happy with the way things worked out, I think if you’d look through some of the letters I wrote to the attorneys, I wasn’t. I was asking for quite a bit of back pay because of all of the delays that took place from the time they started, it was obvious that they started delaying. And the Attorney General’s office said, good luck, it’s probably not going to happen. And that was their attitude from the get-go. It’s not like we just rolled over on this thing. We did not. And, um, I was on the phone during these negotiations with Eric and Dacia, and we went back and forth saying this is what they’re proposing. And he disagreed with quite a bit of what they proposed. And I think they, like Eric says, on the information we got in the little time we had to really go through it, did the best we could.

Hauth: Well, and, and Eric, if I can just share with you, nothing, nothing against Mr. Gerlitz, but I want you to reflect on the recent assignment without anybody knowing that Mr. Joe Bassett’s route to Ken, and now this assignment without any knowledge or acknowledgment to Mr. Gerlitz. And others seem to be treat--, being treated differently, non-uniformly, which as you could probably understand raises a concern. So, what policy do you utilize to assign that to Mr. Gerlitz?

Morris: As I just said, Randy, that was in all the legal documentation that I read that he was the assigned manager back 2008, 2009. So it’s not like I looked at some policy to draft it up, it’s just the way it was when I got here.

Bird: Why wouldn’t you honor the ones that I was assigned? Thank you.

Gerlitz: Because I’m better looking than you are!

[laughter]

Bird: That’s true.

Smith: Good answer!

Morris: That’s all I got, Chair Lewanda.

Hauth: Where is that, where is Joe Bassett’s route now going to go? Can you share with us what the status of that is? Because I don’t know the route number, so excuse me, so I refer to Joe Bassett’s route even though he’s deceased. But that was assigned to Mr. Gerlitz I think a year and a half or a year ago. And so if you could give us an idea on that, appreciate it.

Morris: Did you want an update right now, or you want something in writing or…?

Hauth: Sure, sure, update right now would be fine.

Morris: Okay, so once the transition of White City’s done, then we’re going to, it was assigned to Ken temporarily, and so once that transition’s done down there and it’s up and running, then we’re going to take a look at that. It’ll come back to unassigned, and my ultimate intent working with the Committee, is to use that vending route, I mean, it has to go back to the Edith Green. It was attached to Edith Green to begin with, and we’ll talk about Edith Green once I get to my report. But that’s, that’s like what we’ve talked about in the past.

Hauth: Thank you.

Miranda: And, and it’s been assigned temporarily.

Morris: Yeah.

Hauth: Well, 90 days, just a point of record, 90 days due to OARs is a temporary status of a temporary assignment. Not, not a year, not a year and a half, so…

Jackson: Excuse me, could I say something here, Lewanda?

Miranda: Uh huh, go ahead, Steve.

Jackson: I was just curious, because I’ve asked Director Eric Morris to show me the bid announcement when that route went and got assigned, and I’ve never seen any bid announcement or awarded units to any managers. And so, I’m also curious as, how did he come to the conclusion that it should be awarded to Ken Gerlitz? Could you answer that, Eric?

Morris: I don’t think I can right this second, Steve.

Gerlitz: I’d just like to say, though, I followed Randy’s policy and went through the Committee for a Request for Assistance, which I asked for at the time, was voted on in favor of the… by the Committee. And their recommendation went to Eric and that’s how it began.

Bird: I was told by Dacia that that policy that you just quoted was never… became a policy, so none of them were… are any good. That’s why they denied giving me the same stuff. So I don’t know, I, yeah, maybe it is a look, who’s best looking.

Gerlitz: Well, if it’s not a good policy, then I think they should all be reversed. And there’s quite a few… a few managers that got locations based on Requests for Assistance and I think then, we need to go to the beginning and look at each and every one of them and reverse them if that’s the point.

Bird: Well, we gotta be consistent. I mean, there’s… that’s all I’m saying. Can’t keep… can’t keep treating someone… “Well, it don’t count for you,” but then we’re going to say it counted for this guy, you know. It just, it’s just unfair. That’s why we’re supposed to have an even, fair way and we all know where we stand, and, and you know, that’s the idea. It’s… it gets frustrating when it, things are followed, and they’re not that grey area. I mean, we put them in there for reasons and they’re kind of clear, but when you gotta start dancing around. And it even seems like elections time starts coming, it’s a dance. So, I don’t know… I would just… I would just like to see some clear policies so I can follow ‘em and expect everyone else to follow ‘em and be treated equally as a licensed blind vendor. Thank you.

[1:09:06]

Cathy Colley-Dominique left the meeting at 4:55pm.

Miranda: Okay, six: New Business. A: Operating Agreement. Um, I’d like to say here with the Operating Agreement that I… am opposed to the… um, removal for no cause. For one thing, if we were employees, like, through the agency and we did something wrong, we would… we’d be on leave, with paid leave and have a full investigation. And I don’t think that the managers should be held to a different standard, to be treated differently. So I’m not for the… um, being removed for no cause. I think that creates a big problem. There is discrimination against the blind managers. I could just see that there’s a personality conflict or the biggest of all is that we don’t pay commissions and someone else is waiting and will pay commissions. So, um, that’s my take on that.

Gerlitz: [inaudible] agrees with you Lewanda.

Brown: Yeah, I agree.

Mckinzie: I was gonna say that too.

Miranda: But I’d like to open that up for comments and we do need active participation on this also.

Hauth: Uh, what I will share with you Lewanda, if I may, is it’s totally in violation of the law and the Act. The Agency and Mr. Morris and Ms. Johnson are well aware that this was an issue previously. You cannot deny due process. You cannot, um, allow a… agency to request or terminate a licensed blind vendor. That needs to go through the proper channels and why the Agency left that in, even though they’re contending it’s simply a draft, is beyond my

comprehension. And it looks like there’s uh, you know, certainly support… I commend you guys for actually, um, advocating for something for a change. That’s a… that’s a good thing, so it is a violation of law and appreciate your support on that.

Miranda: Well, thank you for the… for the nice words, other than your rudeness there on the end, but thank you. I… you did a good job. Any other comments?

Bird: Jerry. Oops.

Miranda: Go ahead Jerry.

Bird: Yes, I’d just like to also say I’m… was just, uh, made me have a good release when I heard you say that Lewanda because I knew you guys had… you know, just wasn’t right. So, once again I… uh, I… thank you for making that decision and it’s the right one and you know, we gotta… we gotta understand it is, you know, we do have rules and that that are governed by the Randolph-Sheppard Act and stuff. But anyway… uh, and I won’t go on anymore because you’ve kind of said it right on the head, that it’s the… not…

A.Stevenson: Chair Miranda?

Bird: Thank you.

Miranda: Art? Thank you. Yes, Art?

A.Stevenson: In accordance with our bylaws, and I think the Operating Agreement is very very important, um… and so I would like to make a suggestion that we set up a committee. And, as you heard in the public comments, there are concerns by Mr. Hauth… that I definitely have concerns about the… the DAS Administrative Rules which talks about employees, um… and not… inde- … independent business people like we are. There are laws, uh, state laws in place, federal laws in place on how you treat employees, how you do those kind of things. And... and those are already in place and so I would like to make a recommendation that you set up a committee uh… in accordance with our bylaws and we do have uh… open meetings so… and, so all the blind managers can weigh in before we consider, uh, accepting a proposed… Operating Agreement. So I think there needs to be a lot more active participation here and I think, in accordance with our by-laws, the best way to do that is for us to set up a committee and allow the managers’ input completely and… and put together a document that I think would be satisfactory for everybody.

[1:14:30]

Miranda: Okay, I’ll have to think on that and I’ll take it into consideration.

Hauth: Chair Miranda I just wanted to share that my… my contention is that the Board does not and is not activating… advocating for licensed blind vendors or they’re picking and choosing. So,

for you as a public official to chastise me for being rude please just understand I’m trying to share my perspective which I know I’ve heard from others is a perspective too so I… I wish you wouldn’t just lash out at me like that, please.

Miranda: Yeah, okay. Any other comments? [silence]

A.Stevenson: Chair Miranda?

Miranda: Yes, Art?

A.Stevenson: So, um, I’d like to make a motion that we table this and… uh, you consider whether you want to, uh…

Miranda: We’re… we’re not voting on… we’re not voting on this Art. It… it’s not an action item. We’re just… I just wanted to hear from the membership.

A.Stevenson: Okay, that’s… that’s good. So my recommendation is that we set up a committee and have open meetings and discussions and allow the blind licensed managers to give all of their input concerning the Operating Agreement. I’m really concerned that OCB would put in this Operating Agreement that we’re bound by a DAS rule which, uh… which, uh… binds us, and in the same Operating Agreement the language isn’t that, yeah OCB is bound by the same… the same rules and… and… and stuff too. And so those are the kinds of things that I think need to be aired in open discussion in a committee and with the blind licensed managers so, uh… that’s all I have to say for now.

Miranda: Okay, well that’s all good input from everyone and, um… Director Morris did you want to comment on this at all right now or…?

Morris: Um, I can. Um, the section that everybody’s concerned about, I… I’ve pulled it up as we were talking and was going back through it and – just so you guys know, the way when I… when I wrote this or rewrote this or rebuilt this Operating Agreement I had to start somewhere and so, it… I don’t see it being a problem removing that and I can… I understand the concerns. It’s one of the… it’s one of the interesting things, as a person spends more time in the program you can definitely tell what issues are, um, you know, kind of lightning rod kind of issues and I can see where it’s a concern. And I… as I look through the… the reasons for somebody being removed from a facility I think, you know, if people are doing what they’re supposed to be doing and following the permit or the… the, um, contract or Agreement, you know, that… that should suffice and I… I totally understand the… the idea behind, you know, people being discriminated against based on their level of blindness and people’s perception of that so I… I don’t think it’s going to be a big hurdle to remove that. So what I will do is I’ll go back and update the draft and push it back out to everybody.

Mckinzie: Thank you.

Miranda: Thank you.

Gerlitz: Good.

[01:17:46]

Jackson: Sounds good!

Miranda: Thank you very much. Okay, um, the Code of Conduct. I’d like to get input from the… all the… anyone that has a comment on that.

Hauth: Yes, Chair Miranda. How were the Code of Conduct and the Operating Agreement draft disseminated to the licensed blind vendors?

Miranda: Email.

Hauth: You know where? Do you know when?

Miranda: Um… Director Morris sent them out for the Elected Committee to look at and Art Stevenson, um, believed that everyone should have it at that time and so he sent it out to everyone.

Hauth: It appeared to me… it appeared to me that, um… I would believe that something of this significance should be sent out by the Director to the entire membership. Um, you know the representative body of the Elected Committee is to represent the managers. They’re not supposed to be doing business in a bubble or by the telephone which I understand is occurring and I’ll share with you that I’m currently drafting my concerns relative to what I believe are a entire breach of representation by the Elected Committee and by representatives. And this… that’s why I asked the question, where are those documents? It looks like the only time I ever receive anything is through Art Stevenson. Um…

Miranda: Well, Mr. Hauth, if… if Art Stevenson would not have sent them out at the time that he did the Elected Committee would have looked it over and sent back to Director Morris their, um, concerns. And before we have our meeting I have to send out the meeting agenda 14 business days before the meeting and at that time we would’ve sent out the Operating Agreement draft and also the Code of Conduct draft so that it could be discussed in this meeting.

Hauth: In all due respect…

Miranda: And that’s how we do business. Not by phone; by the Elected Committee.

Hauth: In all due respect… and with all due respect, Miss Miranda that’s not, as I understand it, the proper inclusive way to do business and I do have documents that show you guys are doing things behind the scenes and by telephone and…

Miranda: I don’t believe that. [silence] I don’t believe that.

Hauth: Okay, well can I… could I finish please?

Miranda: Sure.

Hauth: I’m just encouraging you guys as an Elected Committee and as a body of representatives to reach out and represent and follow the by-laws. You know, look at the by-laws again and see what they talk about and the intention of those and also, you know, the advocacy portion of you guys’ role, um, is to advocate for the licensed blind vendors when requested. And so I just want to encourage that. As far as the Code of Conduct, um, I believe you’re on a slippery slope when you’re trying [inaudible] imposing some kind of control mechanism that isn’t uniformly applied with other employees of the agency and I would just wonder why you as Chair or any of the Committee members would even consider this Code of Conduct when we are not employees of the agency.

Miranda: Well, personally, I believe that we need some sort of Code of Conduct because of the way the managers treat each other, because of the bullying, the intimidation. I think we need some sort of Code of Conduct. I know that we’re not children, but if you will listen to past recorded meetings, um, sometimes we sound like children. So I think we need to have a safe and fair work environment and I think the Code of Conduct is possibly the way to get there.

Hauth: If you could share some specifics Miss Miranda I’d sure appreciate it. But again…

Miranda: No, I don’t care to.

Hauth: Uh…

Miranda: I think everyone has heard the bullying and intimidation and I don’t think I need to share.

Hauth: If you could share the specifics it would be helpful for us to understand, but just again, this Code of Conduct that you sent out I don’t even know if you even read it. But it talks about employees and… employees and volunteers…

Miranda: It’s just a draft.

Hauth: And, no, it talks about employees and volunteers and we’re not employees and volunteers and, you know, um, I just would ask that you consider it because um, it is a concern. Thank you.

Miranda: Well, I did read it and the, um, the employees and the volunteers is talking about the workplace, to keep a fair and safe workplace.

Hauth: And there’s also something in there about termination if you bring an undue, like, I’m paraphrasing [inaudible] the Commission. Now, I’ve been told by Miss Johnson not to go to our legislators and share our concerns with the legislators, so is this in answer a tool to keep people from doing that? That’s the question that is posed. And also to terminate or imply that you’re going to try and terminate somebody for violating a policy… I mean, who’s going to monitor that? Who’s going to enforce that? Do you know what a… do you know what a problem that issue or concern, or what liability, um, many would face or you all would face relevant to that? I mean, just take that into consideration.

Miranda: Yeah, um, did you say that Miss Johnson asked you not to be sharing your concerns with the legislature?

[01:24:00]

Hauth: Pardon me?

Miranda: Is that… did I hear you phrase that Mrs. Johnson asked you not to be sharing your concerns with the legislature?

Hauth: Yes. She shared that with myself and other blind consumers of the agency, so that…

Miranda: Or did she ask… or did she ask to not [inaudible]?

Hauth: Hold on. No. She told us, if you’d let me finish please…

Miranda: Go ahead.

Hauth: Okay, thank you. Anyway, she asked and told and suggested that I and other blind consumers who went to meet with her to share our concerns not go to the legislators because they can’t do anything for us.

Miranda: Well, I’d have to verify that. I can’t believe she’d say that. But, anyway…

Bird: Uh, Jerry Bird.

Miranda: Go ahead, Jerry.

Bird: Well, you know, I’m not gonna get in all… in all of that difficult stuff. I’m just at the basis… basis of who I am and where I came from and why I’m in this program was to be an independent business person even though I have a disability and they have a Randolph-

Sheppard Act that, uh, that will help me do so. Now, that’s the only reason; not because I’m blind, because sighted people don’t have these Code of things when you run a business. I don’t think Eric, when he ran his t-shirt business, when he… uh, had… they had Code stuff. I mean, we have… I don’t want to be babysitted. And I know sometimes we talk… you can call it bullying or “He got loud and he hurt my darn feelings.” You know, this is world of business; it ain’t one big happy family. We all want to make a living and we all are… think someone’s taking something from them. So, you know, even… even in city, uh… you go to different places and they have committees. They get yelling. It’s in the nature. You… you… you know, you cool down, but people are passionate and for you to say, “Well, God, he hurt my little feelings! Damn him, we should take his license away because he made me feel bad.” You know, come on, put your big panties on! This is the world of business! And that’s what we’re here to do! We’re not here to babysit me! I don’t need parents! I had parents. I got grandkids, you know? I… it’s called… this is something extra you want to put on me because either I’ve done it or other people do it because someone gets… No! It’s Randolph-Sheppard Act. You can have… I heard some other people from other, uh… who was it? Back east say, “Oh yeah, we’ve… boy, there’s times we thought was gonna get in punchout stuff.” But people do that, you know? It… it’s our livelihood. You get stressed. And when you see things aren’t going right, do we all really want to just kill everyone? Do we want to people, like… be… get rid of cancer and stuff like that? Not really. We’re just saying that because we’re mad.

[Gerlitz]: Chairman, could we go on, please?

[1:27:20]

Bird: Like kindergarten, you know, if he pulled my hair, so you know, I’m grounded for a week and then, like Randy says, who the heck’s gonna determine all this? And what… [in a mock indignant voice] “and you gotta get… we gotta have our thing so when you go to court and… and your Attorney General’s fighting because Jerry told me that he didn’t think I’d done a good job!” So, you know, you’re getting waaay out of there. Now, yes we need to… I… we control ourselves a lot more than we have in years. We’re listening, as much as we can. We do make little smart comments, we’re humans. But don’t… don’t let that hurt you. You know, sticks and stones may break your bones but these words, don’t let ‘em hurt you! Do not pass this thing or it’s gonna… you’re gonna be at legal issues, ‘cause I don’t wanna be controlled and…

[Gerlitz]: Chairman, can we move on, please? I don’t believe that’s on our agenda.

Bird: Okay, that’s…

Miranda: Thank you.

Bird: I’m done. Thank you.

A.Stevenson: Chair Miranda?

Miranda: Yes, Art?

A.Stevenson: Um… I… I… I would like to just ask that Director Morris have a discussion with the Department of Rehabilitation Services Administration (RSA) concerning this issue. I believe, in accordance with the federal act and the responsibility of the Commission, of the Elected Committee is to adopt rules and regulations for the administration of the program. It’s not to curtail freedom of speech, freedom of opinion, etc. etc. And… and so, rather than have this, you know, big debate about the whole thing I would like to see us and perhaps you could be on the call also with Eric with the discussion with RSA and confirm that the State Licensing Agency and the Elected Committee has only the authority and the right to promulgate rules for the administration of, you know, running our facilities and stuff like that and not how an individual chooses to communicate their opinions and stuff. And so I would appreciate it if… if you as the Chair and Director Morris would consult with RSA so that we have a little more clarification on just exactly what we can or cannot do as… as far as this, uh, Code of Conduct issue goes. And what parameters we can cover, like I said. Because I believe the only thing – and I think we covered this in, uh, the operation of our vending facilities, how we’re supposed to treat our employees, etc. etc. but the other parts, that does not deal and uh… is not covering the scope of running the program or the vending facilities.

Miranda: Okay. Thank you. Any other comments? Any suggestions about the draft?

A.Stevenson: Would… would you… would you commit to doing that Eric and Lewanda?

Miranda: I would. How about you?

Morris: Yeah, I’m good with that.

A.Stevenson: Thank you.

Miranda: You’re welcome. Okay, c. uses of set aside. So, we’re supposed to be taking an annual vote on uses of set aside, which we’ll be doing at our Fall In-service and every year thereafter so we can be consistent and they’ll be with our election so it doesn’t fall below our radar. So that’s the plan. And the uses of set aside – most of you probably know, but I’m gonna run through it really quick – is from the federal code. They can set aside only for the purposes of maintenance and replacement of equipment, the purchase of new equipment, management services, assuring a fair minimum of return to vendors, the establishment and maintenance of retirement or pension funds, health insurance contributions and provision for paid sick leave and vacation time if it is so determined by a majority vote of blind vendors licensed by the State Licensing Agency. So, uh, I’d like you guys to be thinking about that too when our Fall In-service comes because we’re… we are gonna have an annual vote on that and we have been looking into a retirement plan for the managers. And Eric, do you have any information to share on that?

Morris: Um, yeah. I can give you some high-level… not like in the trenches details on it, but within the federal Randolph-Sheppard, and I believe in the State statute, it talks about the fact that licensed blind managers can tap into the State’s deferred compensation plan; not… not PERS because PERS is, like, regular retirement through, like, a union retirement type of plan. But I believe it’s a 403-B and that… that sounds like I have a good concept of what that means exactly, but it’s very similar to a 401-K, which is in the private industry, where a, um… an employee or a manager would be able to make contributions to their retirement fund and then the Agency would be able to use set-aside or unassigned vending to make annual contributions to that also. And I know that, in a recent news article I was reading, that I think it’s 80 or 85% of Americans have no savings, nothing saved towards retirement. And I… I was talking the other day with someone and I said, “You know, the only reason I have any retirement at this point, because I haven’t been a State employee that long, is because I was highly encouraged to participate in a structured retirement 401-K program in the private industry and that’s allowed me to save a good healthy amount of money over the years, just a little… few pennies at a time kind of thing, towards my retirement. And I know that’s one of the benefits that many managers over the years have expressed interest in. It… it seems like that’s the one that’s more… that I hear more about that than any other… anything else, versus um, you know sick time or vacation time, those kind of things, is that long-term “What happens when I get to the point where I don’t want to work any more?” And I think most American don’t want to work till they… till they drop and they want to retire, but I think it… it’s tough…

Smith: They don’t?

[laughter]

Morris: Well, except for you Gordo. Except for you Gordo, and I… I hope I’m in half as good a shape as I am when I get to your age. But, um, it is one of those things that we’re researching with the um, the PERS people because they manage that fund and I should have a lot more detail by the time Fall In-service rolls around.

Gerlitz: That’s cool.

Miranda: Sounds good.

Bird: I got a comment.

Miranda: Jerry.

Bird: Um, yeah, and you know, it’s good that we’re gonna start voting on this, but maybe we need to… there’s a suggestion, now maybe we need some other suggestions so we can kind of kick ‘em around at a time. Here’s my concern with doing the way like we do that, like a 401-K: you gotta put some of your money in and they’ll put a share in too, whether they put half in or they’ll double it or they’ll… that I guess you’ll probably figure. So you’re still, even though it’s going toward your retirement, why wouldn’t it be best – because, you know, we… we do run

our own businesses and we… it’s uh… we just have like a health... Why don’t we all get a thousand a month to provide for our health insurance? And… and… or put that away and buy some land? You know, you’re not caught up into this where you’re caught and then for how many years, I mean… what are, some of us, I’m in my sixties. How many years am I gonna start contributing to that? You know, and… and get anything back. So to me it sounds like we’re still gonna be attached to the State somehow, which is our… I would like to see because that’s the way we get to our set-aside is our funds to benefit us. So, you know, that would benefit everybody, their families, you know, so… I don’t know, that… that’s kind of my thought. Uh, thanks.

[1:36:38]

Hauth: Chair Miranda?

Miranda: Uh, I think Art was next. [silence] Art, are you there? A.Stevenson: Yeah, am I [inaudible]?

Miranda: Yeah.

A.Stevenson: Okay. Since you are gonna contact RSA, I… I would ask that you get clarification on the specifics of that. It is my understanding – and I could be wrong, but it would be nice to get RSA to weigh in – the reading of the law, you know, if money is set aside it’s supposed to be used for maintenance and replacement of equipment, etc. etc. etc. and then the last one says retirement, sick leave, etc. with… with a vote of the managers and… and… and I think that if we’re gonna inc-… you know, specifically designate a portion of the set-aside for that last purpose, that is when a vote of all the managers is supposed to take place. The… the other part, the running of our program, which, um, you know, we do have part of our set-aside is matched and all that kind of stuff to pay for the equipment etc. etc. But I think the only part of that specific part of the law that is a vote of all the managers is if we are going to designate a portion of our set-aside to go the retirement, the sick leave, etc. etc. So if you and Eric would get clarification on that when you talk with RSA, ‘cause I… you know, that… that is the way that I understand it, but it would not hurt to get RSA to weigh in on that to make sure that we’re doing everything according to Hoyle. Because I believe the Elected Committee is supposed to work with the Commission, the State Licensing Agency in developing a budget for the running of the program, the maintenance, you know, all that other stuff. And… and the last part is where all of the managers get to weigh in if we’re going to start all paying in part of our set-aside to go to the retirement plan, then that’s when the vote takes place, so…

Morris: Art?

A.Stevenson: …it, would that be okay if you guys would check that out with RSA too, so that we do this according to Hoyle?

Morris: Art…

Miranda: Eric’s trying to comment.

Morris: …I was just gonna say, you’re right, ‘cause what it says, it says, um… [reads] #5) The establishment and maintenance of a retire… of retirement or pension funds, health insurance contributions and provisions for paid sick leave and vacation time, if it is so determined by a majority vote of blind vendors licensed by the State Licensing Agency, after such Agency provides each such vendor information on all matters relevant to such a proposed purpose.” So, yeah, you’re totally right…

A.Stevenson: Yeah, I… but you know it doesn’t hurt to get confirmation Eric, but I… I do believe that the managers thing, if we want to… and I’ve said this before in a meeting, if we wanted to, as the managers, to… and we voted on it that, hey you’re gonna pay, we’re gonna start paying 12% set-aside and 2% of that is going to go for the retirement plan and that’s, you know, that’s how my understanding on… on how the law works, so you know, it doesn’t hurt to get confirmation Eric and that everybody is really educated on what we’re voting on because, I mean, I do believe we have to have the money to run the program but we also have the right to vote and make part of our set-aside payments from all the managers as long as the majority of them vote, to have a portion of that go to retirement etc. etc. So, thank you for agreeing with me Eric, but I… I would appreciate, you know… and that way we know absolutely for sure.

Hauth: Mrs. Chairman?

Miranda: Yes, Randy?

Hauth: Yeah, as a point of clarity, I do not believe there’s anywhere, and I could be wrong, there’s nowhere within the Code of Federal Regulations, the Act, or the OARs, that require, um… the annual vote of the membership on this. Now, if you recall in 2011 we took a membership vote to distribute set-aside as a benefit package and years and years ago when set-aside was brought forward, um, that is exactly what it was supposed to be: a benefit for managers. Now, somehow that’s gone astray in most states and they use it and utilize it to operate the program. I’m glad to see people looking at doing what the intent of set-aside was, so I’m sure… I’m still not sure exactly what happened with the vote of 2011, where that… where that lies. But I will share with you, I agree wholeheartedly with Mr. Stevenson, is the budget… and I’ve been… I’ve been schooled on this by Mr. Terry Smith as well when I spent a week in Tennessee, the responsibility of the Committee is to actively participate in the budget. And that doesn’t mean provide input, that means, um… discuss it, deal with it, bring the other managers in, share, you know, communications back and forth and then finish that out with a Elected Committee vote. That’s the entirety of active participation, so I think, um… everything that I can see, I can’t remember one time that the Committee ever voted to… made a major administrative decision to, um… support and push forward this approved budget. I could be wrong, but um… I’m glad to see you guys looking at set-aside, that’s what it’s for. I would like to

get some information from you, what happened in 2011 Eric with that vote, if you can. I’d appreciate it.

[1:43:26] Morris: Yeah, I wrote that down Randy. I’ll try to… I’ll try to dig it up and figure out what was done.

Bird: How about just no set-aside?

[chuckles around the room]

A.Stevenson: Madame… madame Chair?

Miranda: Yes, Art?

A.Stevenson: Um, it does specifically state in the federal statutes that… that we are, as an Elected Committee, to vote and justify the Commission, OCB and the Elected Committee is to vote and justify the set-aside for the administration of the program and so I do believe, since we’re moving on doing things correctly, that… and you can have this discussion with DAS too, I mean, RSA when you talk to them that… that… that we do schedule at the In-service that particular vote to justify and make sure that you know everything is copacetic etc. etc. etc. with the set-aside fund.

Miranda: Yeah, and we do still have another meeting before Fall In-service so we’ll… we’ll circle back around for it [inaudible] what we come up with. Okay, number seven is Director’s Report.

Morris: Hey, I get to talk! Yay!

[female voice]: Woo hoo!

[second female voice]: Yay!

Miranda: Wow.

Morris: I spend enough time talking as it is. Alright, so, as I said, I just got back from vacation and the good news is my… my bag is still… my luggage is still on vacation, so I’m kind of living through that fact that it’s out there circling somewhere around the planet and I’m hoping it will come home eventually, so…. In the meantime, just a quick update on about a half a dozen different topics: with the VA, since we got White City kind of taken care of it seems that, um… the Oregon VA people have kind of taken us off their black list of you know, “We’re not gonna talk to the Oregon Commission for the Blind.” So, um, I know we’ve… we’ve got a visit set up with the people in Roseburg, I don’t know the date right this second with the Roseburg people but I know that we’ve been talking with them. The… the Portland people at the Portland VA

facility have not got back to us but I saw a communication the other day from their attorney saying he was gonna light them up to get them in touch with us. And then Eugene… there’s a new out-patient facility opening up there, I believe it’s early next year. We’re in the process of trying to get the permit wrapped up with them but they are in communication with us, so that’s… that’s good news. So, I’m anxious to see what the site visit looks like from Roseburg because I know, like Gordo said, that they’ve been doing lots of building there and I… I was a little worried that, um… that they might be beefing up Roseburg in the… with the intention of shutting down parts of White City, but from my research and talking with people it does not seem to be true that the VA is just expanding everywhere. So, that’s kind of where those three big facilities lie right this second.

Um, with the Rules we’re waiting for Rules feedback to come back from RSA. I really thought that they would’ve got that back to me before I got… while I was gone, but I haven’t seen anything from them, so if we’re going to be talking to Deanna or Jesse pretty soon talking about that other issue we’ll ask them about that and figure out what’s going on. Um, I think that, you know, once they started advertising the fact that they had, you know, they had established a process for rule review I think probably everybody in the country went “Yay!” and started working on rules, so I’ll have an update for that pretty soon to find out what the… what the timeline is from those guys.

Um, the Edith Green arbitration… another topic that I thought I would’ve heard more communication about while I was gone. Um, they’ve selected the panel for that arbitration but I’ve seen no details about when, um… when that’s gonna happen. I mean, it’s happening; GSA’s selected their person, we’ve selected ours, they’ve picked the neutral person… neutral panel member but, um, don’t have a date for it yet, so as soon as I hear I’ll let everybody know.

And then the last thing that, uh, Dacia touched on was the new positions. So, before I left we were able to get postings set up for um… and the one thing I did, and I didn’t do any active participation on it, I just basically decided that, over the years all these… the position that Art Marshall’s in right now has been called I think about three or four different… three or four different things. The base position that it’s based on in the State system is a Program Analyst, which doesn’t help at all. I mean, that doesn’t really help you tell, you know, what that person does for a living, but it kind of… it’s the basis for the job. So what we did… what I did, is I said, “Okay, we’re gonna have three positions that are the field rep positions, but we’re not gonna call ‘em that.” We’re gonna have an Operations Specialist, a Business Enterprise Operations Specialist, and that person’s gonna be the person’s who’s out there visiting locations every month, doing inspections, getting you know… sitting down with the managers saying, “Hey, here’s where I can see opportunities,” working with the managers who need help with profit improvement; that’s just a couple of things they’re gonna be doing. The Training Specialist… and the Operations Specialist position will be based in Salem, so we’re gonna have somebody based in Salem.

The Training Specialist will be just like it sounds, the training person who’s gonna help with recruiting people into the program, getting them through the training process, getting them,

um… getting people training when… if the Operations Specialist comes in and says, “Hey, this person doesn’t know how to um, I don’t know… wash dishes correctly, or something like that, then they’ll be able to coordinate with the training specialist, to get training set up, to have that ongoing upward mobility, try… type of training day to day instead of every just once or twice a year at In-service meetings. So those two positions posted up.

And then the third position, oh my gosh, is the Outreach Specialist? I think… gosh, now I’m drawing a blank all of a sudden. That third position will be the person who is continuing to do… is… who’s out there looking for new business, who’s doing site visit, er, um… you know, the… the, oh what do you call ‘em?

Miranda: Surveys.

Morris: Site surveys! Yeah.

Miranda: Surveys.

Morris: Yeah, it’s getting long in the day. Um, that person will be the… Business Development Specialist. That’s what it is. I knew I wasn’t quite right with outreach, so those are the three positions. The two positions we posted are the Operations Specialist, based out of Salem… we had 41 people meet the minimum qualifications for that position. The Training Specialist will be based here in Portland. Um, we had 28 people apply and were qualified for that position. So, what I worked on yesterday, to Jerry’s point, you know, we didn’t ask a lot of Business Enterprise-intensive kind of questions in the initial application process ‘cause we didn’t want to necessarily filter out people who might be a good fit with some training. So this… before we get to any kind of interviewing process we’re gonna send out supplemental questions that deal more specifically with the type of thing that we’re doing: you know, training small groups of people; you know, having people respond to, you know, “What’s the difference between the federal program and the state program? Is there a difference?” And if… that will force people to either A) Know the difference, or research it and understand it better. So, we’re trying… we’ll try to use those supplemental questions to filter down and then work towards filtering down to a level where, um, we can start interviewing people. So, it’s… it’s one of those things I want to get done because the quicker I get it done, the more people we have out there working with the program and, um… but I… I fully expect to have the hiring process and stuff completed mid- to late August. And that’s all I got Madame Chair.

[1:51:29]

Miranda: Thank you for your report.

Gerlitz: What…

Hauth: I have a few quick questions, if I may. Oh, go ahead whoever that was.

Gerlitz: Ken.

Miranda: Okay, go ahead, Ken.

Gerlitz: What are we putting one of these positions in Salem for? I mean, big state… you got people… plenty of people in Portland. Seems like you’d spread ‘em out a bit to save a little bit; maybe bring ‘em down to Eugene or Roseburg or… Grants Pass or Medford. I mean… just don’t understand why somebody’s being out and… that close to Portland.

Morris: Well, Ken, my… my thought process behind that was: most of our live operations are in Portland and Salem but, being somebody’s who’s vastly experienced at travelling out of the Salem market to all over the state, it will not be a problem for people to be… that person to be out and about.

[silence]

Hauth: Yeah, I have a couple of questions that are quick.

Miranda: Go ahead.

Hauth: Uh, one: I know several months back, Commissioner McQuillan I believe, along with Director Morris and you were intending to visit the AG to strengthen and support the preference. How did that meeting go?

Miranda: It hasn’t occurred yet.

Hauth: Can you give us any status update on it?

Miranda: We’re working on, um… on an appointment date. We’re waiting to hear back.

Hauth: And second of all, um… unassigned vending I notice when I review the reports, looks like there’s quite a bit of unassigned vending coming in that, as I read the law, is supposed to be assigned and going to a licensed blind vendor. Um, the same thing happened when Joe Bassett’s route was… when Joe Bassett passed away, I believe there was about three four five thousand dollars that ended up going into the Agency that I contend wasn’t a proper assignment. That should’ve gone to, uh… whoever. But anyway, can you tell us, Mr. Morris, why there is unassigned vending going into the Agency and that isn’t being, um… distributed to the managers?

Morris: Well, Randy I… I don’t quite understand what law you’re referring to. I’m unfamiliar with the law that says it’s req… required to be sent out to the managers. I understand your thought process behind it, but I haven’t read any law that says that.

Hauth: Well, I’ll forward you some…

Morris: Yeah.

Hauth: …forward you some information. So, would you believe that? Would you believe that those, um… vending commissions are supposed to go to a licensed blind vendor or is it supposed to go to the Agency?

Morris: I think the pro… our program is an employment program, so it doesn’t do the Agency… the idea is that the Agency doesn’t pile up vast amounts of unassigned vending. But for you to say, “Hey, there’s this huge amount of vending.” – you… you can look at the reports I’ve sent out to everybody else; there’s not a lot of unassigned vending coming in. It has increased lately because we haven’t been putting vending out… assigning vending because there’s a dispute over how we’ve been doing it. So, we’re just putting it in unassigned for right now.

Hauth: Well, I would just share that I believe that’s improper and I think you should talk to RSA about that as well.

Morris: Sure.

Hauth: Those vending revenues and resources, as I understand it, and as the cases that I’ve reviewed, are supposed to go to the licensed blind vendors. I don’t care if it’s twenty dollars or twenty thousand, it’s not supposed to be stockpiled by the Agency as I understand it. So please, uh… review that with Deanna and Jesse and see if you can get some determination on that.

Morris: Yeah, if you could point me to the statute I’d love to have it in front of me when I talk to them.

[silence]

A.Stevenson: This is Art.

Miranda: Go ahead, Art.

A.Stevenson: Okay. I can kind of comment on that a little bit. Vending machine income is most definitely covered on the federal level and, um, Eric you and I have had this discussion several times about the fact, in fact… you know, Terry Smith has verified to you that we do have to have a policy on distribution of vending machine income, basically, you know, more or less in line with the federal statutes and so I… I… I think you know that’s what you know Randy may be talking about there. And again you know the vending machine income is supposed to be voted on the managers on how it’s supposed to be used for retirement, sick leave, etc. etc. And then the remaining amount that isn’t used for those purposes can revert back into set-aside. But that… that is what I kind of think Randy is trying to relay to and it’s something that you and I have discussed before about the vending machine income and how there has to be a policy in

place that’s similar to the federal act ‘cause we’re supposed to promulgate rules that are consistent and so that… that would be my statement on that.And then, um, can you give us a quick update on two things? ‘Cause, um, one is what is the status of the Multnomah County contract? Is that, uh, you know… where are we sitting on that one? And then also, in relation to that, I never… being in Marion County I do know that the Marion County contract has been sitting out there and hasn’t been – as far as I know, at least I haven’t received a copy of the new contract. Where are we sitting on both of those contracts so we can get them up and going and… and, you know, make sure that, you know, we know what we’re doing etc.

[1:58:03]

Morris: We’re looking at Multnomah County next week. Um, Marion County, to be honest with you Art, I don’t remember. I know that was something we were talking about before I left for vacation but I… I’m not quite sure on the status on that one.

A.Stevenson: Well, I… you know, I know… and the reason why I’m concerned about that and you will recall that I received an email from Marion County, because I do have some Marion County locations, on what’s going on with the contract. They had given you a proposal and… and it had sat around for a couple months and… and so, you know, I… I’m kind of concerned about that because I hadn’t heard anything… received, and that’s… still hasn’t been taken care of, so, uh… okay, that’s um… You guys have a meeting then next week with Multnomah County concerning that contract?

Morris: We don’t have a meeting set with them yet but we’re gonna go through what they proposed again and make sure that it lines up with what the subcontractors and stuff can do and then we’re gonna go from there, but we haven’t set a meeting with them yet.

A.Stevenson: Oh, okay, so…

[voice]: Who is meeting?

Morris: Myself and Art Marshall. And Art’s meeting with Vance I think early next week to talk about the healthy vending part of it.

Stevenson: Um, so… can… I’m a member of the Elected Committee and I, you know, want to definitely actively participate. I actually know there was some emails sent out, you know, about getting a meeting with Multnomah County, talking about the healthy vending and stuff and so as a member of the Elected Committee I would like to actively participate in… in those discussions because there are a lot of factors and Vance is of course on board with that like, you know, the vending that is strictly used by employees, you know, you can go a little healthier vending. But locations like the Multnomah County Courthouse where you have the public using the machines, there shouldn’t be such a higher mix on that. And so, you know, I had to ask to be a part of that and… and so I still would like to be a part of that because I… I definitely have

concerns because we have the Marion County contract and the Multnomah County contract. The environment in Multnomah County is a lot different than it is down here in Marion County and I want to make sure that we… we don’t have Marion County, because they do ride that healthy kick thing a little bit hard. It would really affect the sales in the vending machines down here. And it will affect the vending in where the public has access. And I know the lady, and I forget her name, with Multnomah County and… in all actuality the health official were definitely listening to what we were saying concerning that. So I’d like to be involved in… in those talks ‘cause I want to make sure that we don’t set ourselves up to, especially down here in Marion County, to have too much of a mix and stuff.

Morris: Hey, Art?

Hauth: Yeah, and…. Mrs. Chairman?

Miranda: Yes, Randy?

Hauth: Yeah, as one of the licensed blind vendors assigned to the Multnomah County I have requested in writing, and I’m requesting now, to be involved in that. And uh, relative to Vance Hottle and my arrangement and our negotiations and/or discussions within Multnomah County relative to healthy vending I also would like to be notified and aware of that. And I will reach out to Vance to make sure I participate in that because I’ve just seen far too many things uh, you know, go the wrong direction or slip away when there’s not licensed blind vendors involved and part of that. So please provide me those time, dates, and information. And as well, just in closing, can you tell me relative to Blue Lake Park? I have an IGA with Metro and there was a new addition to Blue Lake Park, I believe three machines, which is in that same IGA. Why I… why I wasn’t notified of that and why that is going into unassigned vending?

Morris: I think I answered that earlier Randy. Madame Chair? I… I hate to do this but if we don’t wrap up pretty soon I’m walking home tonight, so….

Miranda: Okay, all right. I don’t… I don’t know the answer to that Randy, I’m sorry, if you’re asking me. Um… I don’t know. I wasn’t aware of that until you sent the email I… that I saw, you know, not long ago, so… um, anyway. Okay, that concludes the meeting. Next meeting is September 24th, 2015 and this meeting is adjourned.

Smith: See ya, everybody. Gordo. Bye!

Miranda: See ya. Bye, Gordo.

[end 2:03:40]

Transcription: Kathy Ewing (first half); Mark Riesmeyer (second half)