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BUSINESS ENTERPRISE PROGRAM of OREGONBECC MEETING (regularly scheduled)

Thursday, September 29, 2016, at 3:30 PM

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

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

AGENDA

1. CALL TO ORDER – Chair Mirandaa. Roll callb. Disposition of minutes- July 28, 2016 meeting (action item)c. Conduct of meeting:

i. Address chairperson before speaking.ii. Do not speak over one another.

iii. No personal attacks, purposely demeaning or belittling one another.iv. Mute phone when not speaking.

2. PUBLIC COMMENTS – 3 minutes per person, 1 time per person

3. FINANCIAL REPORT – Director Morris

4. TRAINING & EDUCATION.a. 2016 Fall In-serviceb. Nominations:

Open positions -i. Chairperson, currently held by Lewanda Miranda.ii. Salem 1, currently held by Charlotta Hawkins. Person(s) in area are Charlotta

Hawkins, Salvador Barraza and Jerry Bird.iii. Portland 2, currently held by Cathy Dominique, person(s) in area are Cathy

Dominique, Randy Hauth, and Derrick Stevenson.iv. Outlying area, previously held by Ken Gerlitz, person(s) in area are Gordon Smith,

Lewanda Miranda and Steve Gordon.

5. NEW BUSINESSa. Vending machine implementation- Administrator Johnsonb. Healthy vending (action item)

6. OLD BUSINESSa. RSA monitoring

b. Locations not being securedc. Retirement fundd. Elected committee advocacy on complaintse. Access to program-relevant informationf. Subcontracting/teaming partner issueg. Award of vending machine procurement

7. DIRECTOR’S COMMENTS

8. NEXT MEETING – Chair Miranda

9. ADJOURNMENT – Chair Miranda

VERBATIM

[Started at 00:02:25]

Miranda: Okay, it’s 3:30, so I’m going to call this meeting to order. And first I need to amend the agenda on number 5.b. for Healthy Vending. Harold Young is the Chair of that and he would like to table that till the next meeting, due to unforeseen circumstances in his family. He hasn’t been able to work on it as much as he’d like to. So. Bird: Madame Chair?

Miranda: Yes, Jerry?

Bird: Yeah, since you brought that up, you know, I think I sent everybody the bylaws. Did you read in that that it says that if you do a committee that there’s got to be at least a minimum of three members?

Miranda: I did and that… that’s why we’re not moving forward, too. So, he… he’s not…

Bird: When then he’ll never be able to do. So when you can add some members we can accomplish the goal.

Miranda: Well, I don’t know if you read the bylaws, but that’s up to him to assign members. But he will be doing that.

Bird: All right. Thanks.

Miranda: Mm hm. Okay, so we’ll start with roll call, the Elected Committee first. Char Mckinzie.

Hawkins: Here.

Miranda: Cath… oh, I’m sorry – Char Hawkins.

Hawkins: That’s all right.

Miranda: Cathy Dominique.

Colley-Dominique: Here.

Miranda: Tessa Brown. [silence] Tessa Brown. [silence] Harold Young.

Young: Here.

Miranda: And Lewanda Miranda’s here, so that’s four so we do have a quorum. All right, we’ll move into membership. Art Stevenson.

StevensonA: Here.

Miranda: Jerry Bird.

Bird: Here. Miranda: Carole Kinney.

Kinney: Here.

Miranda: Derrick Stevenson.

StevensonD: Here.

Miranda: Gordon Smith.

Smith: Here.

Miranda: Lin Jaynes.

Jaynes: Present.

Miranda: Steve Gordon. [silence] Steve Gordon. [silence] Randy Hauth.

Hauth: Here.

Miranda: Sal Barraza. [silence] Salvador Barraza. [silence] Steve Jackson.

Jackson: I’m here. He’s here.

Miranda: Okay, now we’ll move into the agency.

Morris: Eric’s here and Dacia’s here.

Miranda: And visitors.

Hoddle: Vance Hoddle with Canteen vending is here.

Miranda: Any other visitors?

Haseman: Linda Haseman

Miranda: Any other visitors? [silence] Okay, hearing none, um… I would also like to have a moment of silence for Ken Gerlitz, one of our managers that we loved so much and held so dear. [extended silence] Okay, and I’d like to thank all of you for that.

StevensonA: Chair Miranda?

Miranda: Yes, Art?

StevensonA: I would like to request a point of clarification; I see nowhere on the agenda where the Elected Committee is going to appoint a person to the outlying areas for the remainder of Ken Gerlitz’s term…

Miranda: We’re going to do that.

StevensonA: You are going to do that?

Miranda: Yeah.

StevensonA: Okay, well I… I just wanted to get a point of clarification on that. So are you going to do that at the beginning of the meeting so that that person will be representing that area for the whole meeting?

Miranda: Mm, should I do it that way?

StevensonA: I believe it’s appropriate.

Miranda: Okay. I guess it wouldn’t hurt. So, for the outlying area, which was held by Ken Gerlitz, um… do we have any nominations for that area? The two managers that are in that area is Steve Gordon and Gordon Smith.

StevensonA: I’d like to nomi…

Miranda: Uh… Go ahead.

StevensonA: I’d like to nominate Gordon Smith.

Miranda: Okay, we have a nomination for Gordon Smith.

Smith: I appreciate that, but I think I will decline that. Thank you, guys. Appreciate it.

Miranda: Okay, do we have any other nominations?

Hawkins: Chair Miranda?

Miranda: Yes, Char?

Hawkins: I wish to nominate Carole Kinney.

Miranda: Okay. So Carole Kinney has been nominated. Do we have any other nominations?

Hauth: Yes. I’d like to nominate Steve Gordon. And just a point of clarification: Carole’s not in that area.

[female voice]: Correct.

Miranda: Well, Steve Gordon hasn’t attended enough meetings.

Hauth: There’s no… there’s no requirement on attending meetings to be a representative. If there is, please tell me where it is.

Hawkins: Well, he’s not even here to accept the nomination.

Miranda: That’s okay.

Hawkins: That’s what happened last time.

Miranda: That’s okay.

Hauth: With that… with that…

Miranda: All right. Any other nominations? Any other nominations?

Hauth: Excuse me. Point of order: if you are guys are going to be respectful, please let’s not talk over each other.

Miranda: Yes. Thank you. So, any other nominations?

Bird: Miranda, I… I nominate Art Stevenson.

Miranda: Okay. Art Stevenson’s been nominated. Any other nominations?

Hauth: Chair Miranda?

Miranda: Yes, Randy?

Hauth: Chair Miranda? Yeah, this isn’t on the agenda.

[silence]

StevensonD: But it was already brought up anyway, so….

Miranda: Any other nominations? [silence] Okay…


Miranda: Yes, Art?

StevensonA: Okay. Sorry. I thought I was off mute and I wasn’t off mute. I can’t accept the nomination because Steve Gordon’s been nominated and he’s supposed to get preference over anybody and… and so, since he has been nominated I think it’s inappropriate for me to do that, since in the bylaws it says that preference is to be given to the person in that area.

Miranda: Okay.

Bird: Jerry Bird. I… I’ll drop that nominee because that’s true. And, you know, he has not been to a few meetings, but he is in the area and he may have doctor’s permission and having family difficulties that could’ve kept him from doing so. Keep that in mind. Thank you.

Miranda: Okay…

StevensonD: This is Derrick.

Miranda: Yes, Derrick?

StevensonD: Yeah, I’d just like to nominate myself. I mean, I understand that Steve Gordon’s having problems and all that, but he’s not even here to represent us in the meeting today, so him being nominated is just to me a moot point.

Miranda: Thank you, Derrick.

[male voice on unmuted phone]: Oh, okay. You told me it was [garbled]…

Miranda: Okay. So, Derrick Stevenson has been nominated. So we have Derrick Stevenson and we have Carole Kinney. Do you both accept?

StevensonD: Yeah.

Kinney: Yes, I accept.

Miranda: Okay, so we’ll do a roll call vote. And this will take two thirds. So we’ll start with… Carole Kinney since she was nominated first. Char Mckinzie, yes or no?

Hawkins: Yes.

Gordon: Hello?

Miranda: Cathy Dominique, yes or no?

Hauth: That’s Steve Gordon on the line.

Gordon: Hello.

Miranda: Is it Steve?

Gordon: Yes, it is. Steve Gordon.

Miranda: Steve, you’ve been nominated to fill the remainder of Ken Gerlitz’s, uh… time on the Board for the outlying area. Do you accept that?

Gordon: I do.

Miranda: Well, as the bylaws state, and he does accept, we do need to give him preference. But I’d still like to do a roll call vote for Steve. So, Char Mckinzie, yes or no?

Hawkins: Yes.

[male voice]: No.

Miranda: Cathy Dominique, yes or no?

Colley-Dominique: Yes.

[male voice]: No. No.

Miranda: Harold Young, yes or no?

Young: Yes.

Miranda: And I’m a yes, so welcome aboard, Steve! [silence] Okay, we’re going to go through the conduct of meeting. Address Chairperson before speaking. Do not speak over one another. No personal attacks, personal, um… demeaning or belittling one another.

Smith: Lewanda?

Miranda: Mute phone when not speaking.

Smith: Lewanda, this is Gordon. How…

Miranda: Yes, Gordon.

Smith: …did the vote go?

Miranda: Gordon Smith [sic] joined us and so he accepted the nomination. So, he’s going to be fulfilling that.

StevensonD: [correcting Chair Miranda] Steve Gordon.

Colley-Dominique: Steve Gordon.

Smith: We… we knew. [chuckles]

Miranda: Okay, public comments? Three minutes per person. And one time per person. So, do we have any public comments?

[00:12:45]

Jackson: Chair Lewanda, could I say something? Steve Jackson.

Miranda: Sure, Steve.

Jackson: I just want to briefly say I was studying some Hadley courses and in the course that I was studying about the Micro Markets, throughout the nation many people are doing subcontracting and I just wanted you to know that people are doing like, uh, like a vending route with Micro Markets when they get enough of them. And then certain people like, in Maine or Rhode Island, people there are actually filling it themselves, stocking their own shelves. It’s been done differently and I just wanted everybody to know that. That sub-contracting is allowed in other states. Thank you.

Miranda: Thank you, Steve. Any other public comments?

Gordon: Yes. Lewanda, Chairman… person.

Miranda: Yes, Steve Gordon?

Gordon: Thank you. I would like to say that I believe that it’s the law throughout the land and what the land says, what holds is what the people have said and that definitely the sub-contracting is illegal is what the State of Oregon and what their proposals and what their opinions might be are false and wrong. So, I stand for what… stands for what the Randolph-Sheppard Act stands for completely for those that can be helped that are blind and… legally blind. Okay, that’s my comment.

Miranda: All right. Thank you, Steve. Any other public comments?

Gordon: Thank you, Chair Miranda.


Jaynes: Chair Miranda?

Miranda: Art?

StevensonA: Ladies first.

Miranda: I didn’t…. Who was it?

Jaynes: It was me, Lin.

Miranda: Oh, okay, Lin. Go ahead.

Jaynes: Yes, Chairman… Chairwoman, rather, Miranda. I would like to make a comment also on the sub-contracting. I personally was with sub-contracting in the state of South Carolina for years so I would just kind of like to reiterate what everyone else is saying: sub-contracting is not illegal in most of the states across the nation. I would hate to see us set a precedent that’s going to cause all of these problems nationwide, which it surely will. Thank you for your time.

Miranda: Thank you, Lin. Okay, Art?

StevensonA: Thank you, Chair Miranda. The first thing I would like to say is, for over a month now I’ve requested that the Elected Committee hold a special meeting because things were going on, people’s rights were being violated in this program, and there were several critical issues going on that weren’t being addressed. And I want to know for the record that the

Elected Committee refused to address those critical issues, which were actually violations of the Rules & Regulations of our law, uh… of our program, which I find a very inappropriate thing that is going on. One of those is blind licensed managers being provided access to relevant information concerning this program, which includes what’s going on at the Oregon Institute of Technology, what’s going on at Portland State University. And, uh, several times even you, Chair Miranda, have requested from the agency to receive an explanation, information, and the Director of our program have… has ignored those requests. And so I want it placed on the record that I think it’s very inappropriate that the Elected Committee isn’t conducting business when business needs to be conducted and… and that blind licensed managers’ rights are being trampled over and ignored and the Elected Committee is not taking action. One of the emails I sent out to our Director was asking an explanation for what relevant… what definition for “relevant” he was using in denying me the access to this information that I was requesting. And he hasn’t responded to it, Chair Miranda and Elected Committee, and that’s his job; he’s supposed to do it. The law says that the agency is supposed to provide us with this information. So, anyways, I’m very disappointed that all this stuff is going on that our rights, everybody’s rights are just being trampled on and ignored. Thank you.

Miranda: Thank you, Art. Any other public comments?

Bird: Miranda. Jerry.

Miranda: Jerry.

Bird: Yeah, so to say really quick, I pretty well agree to that and it’s kind of a shame ‘cause it, you know, we all need to know what’s on the table and transparency and we all need to start doing roundtables so we all, you know, can look at this stuff: the good, the bad, weigh them out. And, you know, we’re business people, we should be able to decide what’s best for our program using those things we’ve learned throughout the years, with research and stuff. But also, I want everybody to keep in mind, there’s only one handbook that is active, that is current, and that’s the 2001 one. You can’t start using any of these other ten one people writ… wrote in the past or the one that that’s the Randolph-Sheppard Act. It is just paper written on right now until it goes through the proper process then becomes our… our administrative rule. This one is the law and the rule, so please read that it says in it that you can sub-contract. Thank you.

Miranda: Thank you, Jerry. Any other public comments?

Smith: This is Gordon. I still am behind the third-party contractors.

Miranda: Thank you, Gordo. Any other public comments?

Hauth: Yeah, this is Randy.

Miranda: Yes, Randy.

Hauth: Yeah, I’ve never been one to mince words when I see things going wrong and when I see things going astray and maybe it’s not always taken in the best way but, you know, I have always been there. I have always been there to protect the rights of the licensed blind vendors, including… including you, Chair Miranda. But all the… not only [garbled]… concerned, if they look around the program. The promises that Eric and both Dacia made to us when they were [garbled]… are not what they have fulfilled. When you look at the program falling apart around us: active participation is null and void; the communications are limited; policies and processes and procedures are all over the place; opportunities are being lost or not even addressed; unassigned vending is [inaudible due to coughing] the coffers of the agency and it’s just wrong. I haven’t heard from my representative Cathy Dominique in, gosh, I think a couple years. The only thing I heard from her was when I passed along the information that Mr. Gerlitz had died, she told me, “Thank you.” But none of the… none of the documentation or information or even discussions that you guys are having [garbled]. And it’s just… just a shame that we’re all fighting amongst each other instead of fighting for each other. It’s a common tactic called [garbled]. Susan Gashel-Kerns told me that agencies like ours… several years ago told me agencies like ours like to pit managers against managers so it takes away the blame from them. They have somebody [inaudible]. And I see that happening here in Oregon [inaudible due to feedback] and hope that somehow we can turn the tide and get some strong [garbled]. And, you know, look at the sub-contracting, what Dacia and what the agency’s trying to impose on us. They’re not having communications, there’s no dialogue; it’s just their way or the highway and, you know, we need to address it, prevent it, with nominations and through the vote; get people on the Board that actually can stand up for us all. So, thank you.

Miranda: Thank you, Randy. Any other comments?

Jaynes: Miss Chairwoman? Chair Miranda, could you please have whoever doesn’t have their phone muted, so we can hear, when someone….

Miranda: Yeah, could everyone please mute… mute your phone. I think it might be you, Vance, ‘cause it sounds like you’re travelling, but I’m not sure.

Jaynes: …cannot hear from Randy except some bits and pieces, so it’s really very distracting. Thank you.

Miranda: Thank you.

Bird: That might’ve been by design.

[00:22:09]

Miranda: Any other public comments?

Haseman: I… This is Linda Haseman.

Miranda: Yes, Linda.

Haseman: I’d just like to encourage the… all the licensed blind managers: Don’t let anyone marginalize you. That’s a pretty important word. It means you shouldn’t be pushed to the back, you shouldn’t be silenced, you shouldn’t be held at arm’s length, you shouldn’t… you should be, um, readily… involved by those in leadership positions, about things that are happening, before they happen, not after… not after the fact and told that you just need to come along to get along. And marginalization is a big issue that happens with… in the area of special education, in the area of racism, in the area of disabilities, etc. And I know in this country, as all you guys do, that people have worked hard in a variety of different areas to stop marginalization from people in power from happening. And I would encourage that you guys don’t let it happen to you, ‘cause in watching from afar for the last year-and-a-half to two years, that’s exactly the word that is occurring within this entity called the Business Enterprise Program of Oregon. You guys don’t have transparency, you don’t have integrity, you’re lacking credibility, and you’re all being marginalized. You don’t even know what’s happening. You guys are begging for information and silence happens each time you beg for information. So, again, keep marginalization in mind. People through the years in a variety of areas have fought hard not to be marginalized. Don’t let it happen to you.

Miranda: Thank you, Linda. Any other public comments? [silence] Okay, hearing none, we’ll move to 3. Financial Report. Director Morris?

Morris: Good afternoon, everybody. I’m just trying to make sure…

Miranda: Good afternoon.

Morris: …I’ve got my notes pulled up. So, where to start? The re-allotment… I think everybody was notified that we did receive the re-allotment, which was… and I promptly lost my notes. Sorry. That was an 85… we got 85% of our re-allotment. And I’m not sure… I don’t know if I put that in the explanation or not, but that was an across-the-board cut to all agencies that received re-allotment; everybody received 15% less because… the first time in I believe eight to ten years, the re-allotment pool of money that went back to the feds wasn’t big enough to support all of the funding requests that came in, so they did an across-the-board 15% cut. So we ended up receiving $2.7 million and that rolls up, if you include the State funds, to about $3.4 million for the vending machine project. So, that’s good news. That’s… that’s a significant investment in the program. I sent out an updated financial report for the second quarter and plugged in the quarterly, er, not the quarterly, but the, um, the budget – Excuse me. – the budget-to-actual numbers and you’ll see in there that we’re a little bit over budget, mainly due to Attorney General fees, which is not out of the norm. One of the big budget items we had was the Edith Green fight, which was about fifty grand to go after that, get the arbitration decision. So, not crazy out of budget when it comes to that. You’ll also notice from the second quarter report we had, you know, good, positive trends in sales reporting and, um, things are looking pretty good.

And… I have one other thing to update everybody on, from a financial perspective: the agency’s going to be doing some internal auditing based on… based on the 2011 audits that were done here at the agency. So, we’ve contracted… the agency’s contracted with an auditing firm to come in and audit the… the back of the house, the… administrative, the… admin portion of the agency. And so one of the things they’re going to be doing is running testing against the 2011 audit versus our current practices and “testing” is the phrase they use when they do these kind of audits and, um, they’re not… These audits are not Secretary of State’s audits but these companies that come in are… it’s very common practice for agencies and cities and municipalities to do this kind of work. But the one thing we’re going to be asking from managers is to provide back-up paperwork for their monthly reports for the months of March and May of this year. And so what I’ll be doing is I’ll be sending out some communication to everybody in the next day or two to say, “Hey, here’s what we’re going to need, to have you guys provide.” And I know some people will probably, um… trying to figure out how to get it to us and all that and I can have staff help with that, to assist in that process. But this will help us test to see, you know, are people keeping the right kind of records that we need to… to back up the monthly reports. And it’s not going to be one of those things where we come out and hammer people if they haven’t done it right. It’ll be a great opportunity to come back and say, you know, if you’re using a shoe box, well, you should probably use an accordion file to file your stuff, to keep good records that way. So, we’re going to use it as a… as a learning tool and a training opportunity if we find big discrepancies. But I’ll be sending some communication out about that in the very near future. So, keep an eye out for that. And that is my report, Chair Miranda.



Hauth: Yeah, a couple of items: Eric, on the last quarterly report you sent out there’s still at least one column missing. You might want to review that. Also, as far as the re-allotment: so, you indicate that you guys built this plan all around the re-allocated money that you requested, so 15% right off the bat was not provided, which is a total of how much?

Morris: Are you asking me to do the math on it?

Hauth: Well, I thought you would already have done it.

Morris: I… I’m not attending to the pre-ETS calculation, Randy. That’s… that’s…

Hauth: Okay. So, 15…

Morris: … that’s not my job.

Hauth: Okay, well. So, 15%... I guess my point being, 15% was not provided. And then PETS – as you guys know, “Pre-Employment Transition Services” – will capture another 15% that can’t be

used, so we’re looking at what you guys projected, which many people believe is not, um… appropriate amounts anyway. I know when we went into the listening session you hadn’t even calculated in, like, coin counters and, you know, vending management systems and all that. So, if we’re starting off with 30% right off the bat in, you know… against what… what you guys projected, how is that going to work out? And also, you know, if you can kind of step us through that, where you guys are planning to get the rest of the money needed. And also, we’re not hearing anything about the vans. So, I know… you know, we’d like to have some of that information and maybe that’s what Dacia’s going to talk about in her implementation plan, but I did want to bring it to your attention.

Morris: Yeah, no, and I can speak to that a little bit. You know, the thing… the… the cost basis and the numbers we ran for the initial part of the project is for machines. The supportive equipment, when it comes to change counters, vans – um, what else? – speed racking for warehousing, all that kind of stuff, will come out of VR dollars, but not out of this money that’s dedicated for the purchasing of vending machines. Now, with the… the… with the cut from the re-allotment, the 15% reduction, the neat thing about re-allotment is it happens every year. So, I would intend to go back next year and ask for more re-allotment dollars for the project. So, that’s… that’s the plan as I see it right this second. Of course, when it comes to money and budgets and stuff like that things are constantly changing but that’s how I see it moving forward.

Hauth: All right. Thank you. And just one follow-up: I just wanted to mention, I mean, it’s kind of all this déjà vu. So when the audit happened years back, it seemed like the agency came after the managers for not, you know, for not identifying this and identifying that and keeping proper records. And I’m not… I’m not concerned with the agency going after and auditing people, however, last time I looked there were three or four different forms being submitted to the agency. Obviously, there’s people not providing timely reporting. I’ve identified that. That’s been, you know, look at the past due set-aside is $43,000 so, clearly, there’s some issues with reporting. Wouldn’t it be better to provide a comprehensive training? To make sure that everybody’s knowledgeable and knows what the agency expects of their training instead of coming after and saying, “Oh, we need this, we need that, we need this, we need that.” I mean, I would think that that would be more of a sensible way to go about it for everybody’s best interest.

Smith: Randy, this is Gordon. What was the… would you speak to the 43,000 again, please?

Hauth: That’s in past-due set-aside, Gordon.

Smith: Okay.

Miranda: Director Morris, is our… is our past-due set-aside climbing?

Morris: You know, it… and I said that in the second quarter report, we had some stuff that was behind and we got some payments in for the third quart… we’re in the third quarter now. So,

you know, it ebbs and flows back and forth and it takes a lot of time for people to pay it back when they’ve… when they’ve been behind.

Bird: Chair? Jerry.

Miranda: Yes, Jerry.

Bird: Yes, I find it [inaudible] all through the whole time. My first one is a quick one about I didn’t quite get: Did the agency pick the auditor to do the auditing or was it picked by someone else? You know, and that’s always a concern if you want to pick your own auditor that… that…. Anyway. And my other point is… is you guys have brought this up, and most of you that’ve been in the program, I think, should be really upset about a $42,000 back pay that people have not paid. I been in the program 30 years and I have paid a lot of set-aside and I don’t like to. But, when the rest of these continue to grow… I mean, we are not a bank. That’s $42,000. That’d buy it all from insurance! But they… but they screwed us! They didn’t pay but they went and paid the money on their insurance! We… we paid our part. I mean, we gotta get pretty upset at this stuff! And why don’t they go to a dang bank, borrow the money that they owe and pay us! We are a program… they… they’re screwing us! The rest of us are getting screwed. We pay our set-aside, they don’t. They just get on board and they do all their stuff and all they are is... make… you know…. It can’t be tolerated! You know, I’m so upset that that continues and, “Yeah, it’s growing a little bit”. But, you know, what the hell they paying, five dollars a month? They shouldn’t even be able to, you know, you get your license removed and you pay it back we’ll give it back to you! Come on, people! It’s not a welfare program! We are business people with business minds and owing 45… 2 thousand dollars from your fellow business people out of your pocket is bull! Thank you.

Miranda: Director Morris, that 42… 43 thousand dollars owed, is that… is that all from current managers?

Morris: No.

Miranda: Okay.


Miranda: Yes, Mr. Hauth?

Hauth: What I can tell you most of it is… the part that was owed by Anne Wright… and of course you guys know what happened to her: she was terminated. And then the agency is coming after her to sue her for the back money. They threatened to do that as well. Just so you guys know. But, there’s other managers that we’ve identified through public records and, not only haven’t they reported timely… um, there’s one manager that reported a bunch of reports prior to them bidding on and being received the new location. But they’re not paying their past due set-aside on time, they’re not paying their monthly, they’re not reporting. So, um, you know…


Hauth: … it’s a concern.

Miranda: Just a moment. Yeah, go ahead, Art.

[00:35:21]

StevensonA: Um, yeah…. Eric, what months did you say? That we had to…

Female voice: [inaudible]

StevensonA: What’s that?

Morris: For… oh, you’re talking about…

Miranda: March and May.

Morris: …for the back-up paperwork? Yeah, it’ll be for the months of March and May of 2016.

StevensonA: Okay. March and May. And how was that determined? I mean, those… those two months determined? Was it just the auditor or….

Morris: Yeah, that’s my… that’s what I was told, is the auditors picked those months.

StevensonA: Okay. Now, I gotta ask you a question. Now, I agree that you absolutely have the right to ask for my receipts and all that kind of good stuff and I’m going to definitely provide them. However, I requested of the agency the billings from the Attorney General’s office, which is relevant financial information concerning the program and you denied me the right to do that. Now, I want to know, Eric, why there’s a double standard and… and why the agency believes that they can violate the law and not provide me with the access to relevant information concerning this program and… and… and tell me I have to do it and you aren’t held to the same standard.

Miranda: I do have that on the agenda later, um… access of program-relevant information.

Bird: Uh, Jerry Bird. One other question: Why… why don’t we get to know who… who owes past set-aside if they’re still in the program? Can you at least tell us, are any members of the Committee past due people?

Morris: I… I’m not gonna talk about everybody’s personal financials in a public meeting.

Bird: When they owe set-aside, it’s no longer personal; it becomes my problem.

StevensonA: Chair… Chair Miranda?

Miranda: Yes, Art?

StevensonA: Okay, this is a particular financial request on… we’re going to talk about access to relevant information, which is a broad spectrum. But this is a question I’m asking our Director concerning the financial report and… and, as a matter of fact, I believe it’s relevant for the financial report. And I actually…

Miranda: Okay.

StevensonA: …you know, requested an answer from Director Morris and he just ignored it. I mean, obviously, it’s relevant to know how we pay our bills. And why isn’t it relevant, why is there a double standard and… and… and why would you not think that we would be interesting [sic] on how our set-aside money is being spent and stuff like that, so that we may perhaps propose some different ways to do things in order to save money. So it is very relevant and… and… and I want an answer during the financial part of this meeting.

Miranda: Okay. Would you like to respond to that, Director Morris?

Morris: Well, so, like… I guess I’m not… not quite sure what the question is at this point, ‘cause you’re talking about set-aside spending, Art, and set-aside spending… there’s an itemized tab in the spreadsheet that talks about everything we spend set-aside on. So, when it comes…

StevensonA: Well, I… No. What I’m talking about, Director Morris, is relevant financial information…

Morris: Uh huh.

StevensonA: I asked you why we weren’t given a breakdown of the Attorney General’s… You want a breakdown of our expenses so you know that we’re doing things correctly and stuff like that. Well, we want to know what’s going on with the AG’s office so perhaps we can analyze and perhaps make suggestions on how we can save money. And if we don’t know how you’re spending the money in the different categories, on the different complaints, etc. etc. uh, we can’t… we can’t make recommendations; we can’t do anything. And that’s why it is a very relevant piece of our financial picture and… and we all deserve to know exactly where that money’s going, because this is our program, too. Just like you need to know how we’re spending our money to maximize our profitability… well, we want to make sure our money’s being spent at the most efficient and effective way also. So, I believe it’s a double standard that the agency is holding us to and… and denying all of us our rights.


Smith: Chair Miranda, this is Gordon.

Miranda: Yeah, Gordon.

Smith: You know, been in this program 34 years and the set-aside and all of us making our payments and some leaving the program owing large sums of money have been going on from the day I started this program to now. And it would scare us all to realize how much money that has been lost to this whole program. It’s pretty sad.



StevensonA: Excuse me! Excuse me! Excuse me! I… I want an answer before another question is asked.

Smith: Sorry, Art.

Miranda: Would you like to answer that?

Morris: Yeah, sure. Chair Miranda, I…

Miranda: Just a minute, Randy.

Morris: Is it my turn?

Miranda: Yeah.

Morris: Okay. So, to respond to your question, Art, I think you’re mixing apples and oranges, to be perfectly honest. If you would like me to re… ‘cause the report that I’ve been submitting to you guys for… God knows how long now, a couple years now, with the itemized pieces of the AG cost, I wasn’t receiving any feedback from anybody about that and any recommendations on how we spend or how… how we pursue things from that perspective. So, earlier this year I stopped doing that, ‘cause it takes time to tabulate that and plug it in, to be honest. So, if it’s the… if the Elected Committee wants me to start doing that and the members want me to start doing that again, I can… I can attend to that. But there’s no big conspiracy behind it. I just figured if nobody else was looking at it and really giving any feedback at all, then what’s the point in doing it? You still get the total, you still see how much is being spent, so…. But the idea of comparing that and program-relevant information to an audit of the financial books is, frankly, apples and oranges. So.

StevensonA: Um…

Bird: There are staff people to…

Miranda: No interruptions!

Bird: …people to every…

Miranda: Jerry!

Bird: …managers [inaudible].

Miranda: Jerry.

StevensonA: Director Morris, I… I’m… Would you clarify for me apples and oranges? A breakdown of AG’s expenses: how much is spent on complaints, how much is spent on analyzing laws, how much was spent on an AG’s opinion which, by the way, I was… I believe was an incomplete… request and there was no active participation and therefore I believe we wasted a lot of money on an AG’s opinion and I want to know just exactly how much money we spent on that AG’s opinion when there was no active participation and all the questions weren’t asked and answered. And therefore, not only do I believe our money was wasted in that AG’s opinion, I believe it has led to what’s going to be litigation which is, in my opinion, administering the program poorly. So, it is not, Mr. Morris, apples and oranges; it has to do with spending State money, set-aside money efficiently and effectively and not creating a bigger problem, which has occurred with this subcontracting and this AG’s opinion fiasco. And… and… and I, as a blind licensed manager in the program for 30 years, have the right to that information. And if the Elected Committee wants that information, that’s fantastic but – and I think they should – but if I ask as a blind licensed manager, then you have the obligation under the federal law, our administrative rules, to provide me with that information. Thank you.

Miranda: Okay, Director Morris, you just agreed that you would give us a breakdown of that information, correct?

Morris: Yes.

Miranda: Okay, Randy, you had a question?

Hauth: Sure. Yeah, I did. I’m not… I’m not held to any standard here, so I will tell you, without naming names, everything that I can tell by the public records I received: there are currently two Board members that continue to pay late and have failed to pay or report at times, so it appears. But my question is, Eric, if you can do a ranking of income, right? Why in the world, and I made this request of you, why in the world can’t you do a ranking of debt? What’s the difference? And also, if that is billed through the State system isn’t that a public document? Isn’t that… that’s not privileged information, if it’s billed through the State as debt owed? So, if you can answer both of those for me, I’d sure appreciate it.

Morris: Yeah, I have to put some thought behind that, Randy. I know that the one thing the federal act does talk about is confidentiality and following confidentiality standards. So, I have to do some thinking on that.

Hauth: Okay, how about the income ranking? Is that different than the debt ranking?

Morris: Yeah, like I said, I’ll have to put some thought behind it, ‘cause I haven’t thought about it from that perspective.


[laughter]

Jackson: It’d be nice if you could just give us your opinion.

Miranda: Don’t speak out of order, please. Go ahead, Derrick.

StevensonD: I just have some concerns that, um, that… back when Ann Wright had all her problems and stuff and the Board chose not to really… I don’t think they advocated hard enough for her. But the part that bothered me is that, Why did it go on for two years without being brought up and taken care of? I mean, that’s a long long long long time for people to keep getting further and further and further in debt. And then, the other thing I wanted to mention is: we have… we had a… we have a manager who is zero… who was claiming zero when it comes to set-aside and then here lately, I guess he figured out how to do inventory and do all that stuff and he went from making zero money to being the top earner of the state. And I’m just wondering if the Commission has any intention of going back through the books and estimating how much back set-aside that individual owes.

Miranda: Director Morris?

Female voice: How is it different from what Ann owes?

Morris: I don’t know what to say to that, to be honest. I mean, it’s one of those things that, if a person wasn’t making money and then they became more profitable… I mean, that’s not really a logical conclusion. If a person wasn’t running a profitable operation and we’re able to turn that around and make them profitable… if you were outside of the program, would the IRS go back and tax you for time periods where you weren’t profitable because…

StevensonD: If you weren’t… if you weren’t doing proper inventories and weren’t keeping your books proper and it gave the… made it look like you weren’t making an income when you truly were, it’s just the fact that they weren’t doing inventory and they weren’t keeping their records right.… You don’t go overnight… overnight from making zero profit to being the top earner in the state if something’s not fishy.

Morris: Yeah, I think…

StevensonD: I mean, it’s kind of impossible, Eric.

Morris: No, I understand what you’re trying to say, but I think it’d be hard to prove that, to be… to be totally honest with you. Because I know… I know what you’re inferring and the pieces you’re talking about I think were a factor, but they’re not the whole factors. So, you know, it’s… yeah. I mean, if you’re… if you’re insinuating we should go back and do some kind of forensic investigation and penalize that person set-aside monies that are potentially owed, you know, in some kind of restitution process, I… I… I really don’t see where that’s in the spirit of the program, to be honest.

StevensonD: Well, I don’t know. You did it… you did it to Ann and she was never taught how to do her books properly and it, you know, she wasn’t charging for her husband and… and deducting things that she should’ve been done, but it didn’t make a difference in her case. So I don’t know why you can treat one one way and treat the other another way when you found out that he was not doing his books right. He wasn’t taking proper inventory.

Morris: Well, I think, to be perfectly honest with you, this isn’t the time or place to discuss those kind of things. So.

Hauth: Yeah, Chair Miranda?

[00:49:38]

Miranda: Yes, Mr. Hauth?

Hauth: Yeah, I do want to share with you all that, you know, I agree with them, Eric. How can you have it one way for somebody and another way for another person? And it’s my understanding that… and I think the knowledge… the agency is knowledgeable of this, that the Department of Justice, the AG, in… in sum told Ann if… that they were going to file suit against the money that she owed, but perhaps if she considered dropping the arbitration they might look at working some kind of deal out. Now, that might not be exactly correct in specifics but it summarizes the situation pretty good. So, how can they take those kind of actions and did anybody know? Was anybody involved in that conversation? And then allow the manager that Eric was talking about to not report for a year or more, not pay set-aside… now, come on. Who’s ridiculous enough to think that that person wasn’t making money? They wouldn’t go into work every day if they weren’t making money. So, you know, talk about apples and oranges. So, you know, I’d just encourage more uniform, consistent applications. And if you’re talking about doing a forensic investigation, well, that’s basically, in sum, what you’re trying to do to us for the March and May reporting, so why not do it on that other manager for a longer extended period of time? Thank you.

[silence]

Miranda: Okay. So, are you done, Director Morris, with that…

Morris: I am done.

Miranda: …financial report?

Morris: Yeah, I am done, Chair Miranda.

Miranda: Okay. So, number four is Training and Education and we’ll start out with Fall In-service, which will be in Portland. And…

Gordon: Really?

Miranda: [laughs] Yeah. I’ll explain why. Um…

Bird: Our program, huh?

Miranda: Yeah, so it’s going to be November… Hey, okay, just a minute. So, it’s going to be November 5th, in Portland, at the agency. We’re going to have some machines brought in and we’re going to have a presentation on the machines that will be available to us. We’re also going to have time for on hands with the machines. And then… that’s the reason that we pretty much had to have it in Portland, because we can’t ask them to bring the machines to… wherever. Seven feathers, we’d all like. And then, we’re also going to have Vistar come and talk about their company. Vistar is a distribution company which does, uh… work in Grants Pass, Eastern Oregon, and all the outlying areas that, you know…. I know, Derrick, you’d said before that you had problems getting any kind of inventory product. However, they do deliver there twice a week. And then, thirdly, was John Murn, from the RSA buying group, is going to come and… and present, as well. Any questions?

StevensonD: So, it’s going to be on the fifth only?

Miranda: Yep. Saturday.

StevensonD: Okay, just the one day?

Miranda: Yeah.

StevensonD: Okay.


Miranda: Yes, Art?

StevensonA: Again I’d like to throw out there that in our bylaws it talks about… and we used to have a committee. We have these ways of doing business and it seems like the Elected Committee does not want to do that; doesn’t want to have a vending facility development committee, a quote-unquote In-service training committee, where some ideas can be thrown out, the managers could be available, you know, know when a meeting’s going on, a discussion’s being had, and decisions are being made without any discussion. And… and so, again I… I… I think, you know, we’ve gone way way backwards; used to have lots of committees, now we have zero committees. Oh, excuse me, we do have one on the healthy vending. But, um, you know this is our program; we have certain laws and rules and regulations and stuff to make a healthy program and I believe we need to get back to that. And I challenge the Elected Committee to start doing that because there’d be a lot less animosity and a lot less stuff going on if we were doing things like that. Thank you.

Bird: Jerry Bird.

Miranda: Yes, Jerry?

Bird: Yeah, I’d just like to comment ‘cause I want y’all to remember that one day they took even your In-service is being paid for, or your motel rooms and when I got elected the first… on the Board, the first thing I done was change that because I believe we pay our set-aside and I believe our In-service is for us and it’s for us to meet and greet and… and also information and, you know, like the NFB convention, but in a smaller form. Now, for them to say and dictate to it, which I believe ever since our new Director – hate to say it, but if it’s close there… he… he don’t like going out of town, seems like to me. I mean, instead of us telling where we’re gonna go… any vendor that’s gonna bring a dang vending machine will take it wherever you want. And then… but it’s always what’s best for the agency. This is what I’m trying to tell you guys. They’re an agency we need to work with but, good lord, we are not kids! We run our businesses. We are smart business people! Independent! And this is our program and our time! We need to make the decision! I mean, one day, show your vending machine. Wowee. “Have a sandwich.” You’re gonna train someone that absolutely knows… don’t know vending machines in a half a day? I mean, to me, it’s just them shoving them machines, you know, we should have a vending machine sandwich, for lunch. I mean, don’t get me wrong, I think the vending machines are a good thing, but they don’t need to be forced on us. They need to be given to people and people use them as they feel fit. But, people… I tell you, our rights are going and going and going. No new managers, two or three years of Eric… all they do… now another audit, you know, “We want to make sure.” And this and that. They get rid of people. God. We’re dying off! Are they gonna wait for… who’s next? Me and the other ones? Pretty soon we’ll just all die and shrivel up and they’ll be happy campers! People, this is not for you, it’s for our other blind people. Good lord! They kept it like it is now and… and they thought when they had people or… state licensing agencies tried to, you know, tell them that they know what’s best for us. Hell, they never even heard of the Randolph-Sheppard Act before they became a staff member. You know, so people, just wake up. Leave personal feelings aside. We need to lead… knowledge, we need to all learn from each other and do what’s right: protect this program before it’s gone. It’s ours, not theirs. Thank you.



Hauth: Yeah, I just wanted to mention – It might’ve been nice to… obviously, there’s a bookkeeping issue: $43,000 in uncollected set-aside continuing on. Let’s take Ann out of the scenario, there’s still over $20,000 owed and it looks it’s a problem that the agency can’t take care of. So maybe it should’ve been a good time for us to go over bookkeeping and go over record retention and go over those type of things. And also, as far as this vending implementation rollout, maybe it would’ve been a good time to have conversations and mini pilot programs and those type of things. I mean, bringing John Murn in and bringing some vending machines in, you know, frankly that’s kind of silly and ridiculous. And, honestly, if we wanted to go to the beach, there’s vending machine companies down there that can do the same. But I just would suggest again… it kind of, you know, I know you ask for information relative to this In-service, but why isn’t there a committee formed and why isn’t there involvement of everybody. It seems like you’re the only one that has any kind of dialogue with the agency and I just don’t think that’s the best and healthiest way to do it. Lookit, now we have another In-service at the dull, drab agency… Commission for the Blind and Smitty’s is probably going to bring in a couple machines which… we’ve all filled machines before. That’s not that big a deal.

Miranda: Not everyone has.

Hauth: Not everybody has filled their machine?

Miranda: No.

Hauth: Oh. Okay. Well, gosh, I guess I’m wrong.

Miranda: And also, I did send out an email and I asked for input for the Fall In-service, for the location, for the agenda items and I got zero response.

Hauth: Yeah, well that’s what I said a little bit ago. But if you had a committee, you know, if you were inclusive and you welcomed people’s participation… that’s not what you’re doing, Lewanda. But if…

Miranda: I’ve… I’ve had committees. I had committees with you, with Art Stevenson and you guys bailed on me.

Hauth: I was talking. That’s a Code of Conduct. Please don’t talk over me. Anyway, so, you know, if we had committees and if people feel welcome to participate and valued…. I mean, we formed a financial committee, we couldn’t get any information from the agency. We’ve been ask…

Miranda: Well…

Hauth: You know. So, those are the type of things that I would just encourage going forward that we really need to do. We shouldn’t… you and I shouldn’t be arguing against each other; we should be helping each other. So, those are the type of things that I would like to see in the future but you just try to do it all by yourself doesn’t work.

Miranda: I didn’t try to do it by myself. I sent out an email and asked for everyone’s input.

Bird: Lewanda, you’re not getting to where that time…

Miranda: I did with the committee.

Bird: You’re dictating and that’s what pushes us away. We want to sit down at the table and be all… you keep coming back, “Well, why’d you do it?” “Well, Randy done it. They done it.”

Miranda: I never said that.

Bird: It’s time to stop. I don’t care if it was done yesterday; let’s get on board and do what’s right. Sorry, I…

Miranda: I’ve had… I’ve had committees in the past and you guys bailed because you…

Bird: You…

StevensonA: Ahem. Point… point… point of order, Chair Miranda, ‘cause quote unquote I was on one committee, the Rules Committee, and I did not “bail;” you dissolved it. So…

Miranda: No.

StevensonA: … do not… do not say that I bailed on a committee. When… when we left the Financial Committee, I… I was on the Committee with Randy, I volunteered my time. We could not get any support from the Elected Committee to get any information. We were ignored by the Director of this program. We were more or less dictated what… what he was going to do and if you didn’t like it that was tough. And so we decided we weren’t going to spin our wheels. But when I was the Chair of a committee I never bailed on you. You dissolved that committee. Thank you.

[01:02:35]

Miranda: I…

Smith: Lewanda, this is Gordon.

Miranda: Yes, Gordo?

Smith: I’d like to speak in your behalf. I think you’re doing a very good job and there’s oodles of people in this program that it doesn’t make any difference whether it’s right or wrong, they’re going to take the opposite side. So, keep fighting the battle.

Miranda: Thank you, Gordo. Okay, so we’ll move on to nominations. And the first position… just a second, you guys, my computer went to sleep. Well, I know what this is anyway. Okay, so it’s nominations and… Eric, could you pull up the agenda just in case I need you to read this for me if I can’t get this pulled up? I don’t know what my computer’s doing.

Morris: Yeah, I got it.

Miranda: So the first position, uh, currently held by myself, um, is open: Chairmanship. So, uh, for Chairperson. So, do we have any nominations for Chairperson?

Colley-Dominique: I nominate Lewanda Miranda.

Miranda: Okay, so… was that Cathy?

Colley-Dominique: Yeah.

Miranda: Okay, Cathy nominates Lewanda Miranda. And I accept. Any other…

Bird: This is Jerry Bird. I nominate Randy Hauth.

Miranda: Jerry Bird nominates Randy Hauth.

Hauth: Well, Jerry, I would like to say I… I do accept that and I would just like to share with everybody, regardless of the current state of affairs, if I am elected as the new Chairperson I will fight for each one of you. The subcontracting thing will be the first thing on the agenda and the second thing will be the unassigned vending that the Commission is putting in their pockets. That’s just wrong. But, you know, I’ve learned a lot over the last couple years and I’ve learned that maybe I hadn’t done everything perfectly right but, you know, I’m committed to helping you guys and I don’t think any of you can say I didn’t help you over the years. And you guys also helped me. So, you know, if and when we get to that point and you cast your vote, I just want to promise you and commit to you that I, along with you as a team, will fight and advocate to help take this program back and make it the best it can be. So thank you very much, Jerry.

Smith: You bet, Randy. Uh, I didn’t hear seconds to the first two.

StevensonD: Doesn’t have to be a second.

Miranda: Yeah. Not… not in nominations, Gordo.

Smith: Oh. Okay.

Miranda: So, is there any other nominations for Chair position?

Stevenson: I move nominations be closed.

Miranda: Okay, Art moves nominations be closed. Any opposed? [silence] Okay, nominations closed. Uh, Salem 1, currently held by Charlotta Hawkins, is up. Do we have any nominations?

Bird: Well…


Bird: Oh, go first.

Miranda: Yes, Art?

StevensonA: Okay, Charlotta Mckinzie is not in that area. She bit out of the unit that was in that area and moved to the Department of Vehicles and… and therefore I want to note for the record that she is not a part of that area and, in all actuality, the Elected Committee, when she moved, should have replaced her just like they did today by putting Steve Gordon because the spot was vacated by an individual who was in that area. So, point of order: the only two in that area now are Salvador Barraza and Jerry Bird.

Miranda: I don’t agree with you, Art. DMV should be in that area. DMV was in that area and the only reason why we did a switch with Ann Wright was because she didn’t want to work with certain individuals. But, as far as geographical, which is outlined in our bylaws, DMV should be in the Port… uh, Salem 1 area.

StevensonA: Excuse me…

Bird: Chair Miranda.

StevensonA: Uh, point of order again, Chair Miranda. DMV, uh, my area… DMV is very, very close to me. And so geographical areas, if you’re going by geographical areas, of course… she moved from way across the north side of town… not the north side… at Lottery to way over to the other side of town, here. And Ann Wright… I mean, that was… that was the assigned area and you can’t just change things when you want to ‘cause you want to keep individuals off the Board. And… and therefore I think you’re… you’re out of order and you’re manipulating this election and there’s only five managers in Salem, so that’s a 3-2 split and so you aren’t even evening things out or anything. You’re just manipulating the vote because you do not want

Jerry Bird on the Elected Committee. And so, believe me, this is wrong and you are… you are doing inappropriate things.

Miranda: Char has held this position in the Salem 1 area for one year and I believe that DMV should be in the Salem 1 area. So…

Bird: Lewanda…

Miranda: …argued this over and over, through emails…

Bird: Lewanda! I would like to say something!

Miranda: Jerry, let me finish. Let me finish. So we have argued this point…

Bird: All right, but let me…

Miranda: … over and over through emails. [inaudible] my position. Um, if you don’t like it and we don’t agree, then you have other avenues that you can take.

Bird: Okay, I would like… I’d like to discuss this. I would like to comment…

Miranda: Go ahead.

Bird: Yes, Lewanda. I… I mean, you keep going on the… the bylaws. Well, let’s read them. How about that?

Miranda: How about it?

Bird: I mean, let’s read them. I… apparently you don’t, but that he wanted to do on other things. It clearly says that we are broke up into… you keep using that word like it depends on where you live. That could happen if that’s the way we decided in the bylaws. It talks about Portland-1 and Portland-2, Salem-1 and Salem-2, and outlying areas. And definitely, we have a list of those people in… that run a facility in that area. And bylaws, if you’d read them, clearly said… which I will read them for you so you guys apparently don’t like them read on the thing but when I’m done I’ll read them so we can all listen.

Miranda: You don’t need to do that. I think we all…

Bird: Excuse me! If a person leaves their assigned area, they no longer can represent or be involved in that area. It makes sense. You try to do this with even what’s-her-name today on the other one! I mean, come on! If Char’s in my area, she didn’t transfer out, that’s fine. I’m tired of you guys… you think that you can just change an area at any time. No areas can be…

Hawkins: Chair Miranda?

Bird: …without going through the proper process! Which you do not have the authority to say, “I’m going to send her over here, because she doesn’t like Jerry! I’m going to send her over there because they don’t.” Well, they have to wait for elections like we did. But I’m not gonna put up with you putting someone else in an area that is not even in that area, as we’ve done in these thirty years I’ve been here, just because you think you can decide as a Chairperson. They don’t say you have that decision. You should’ve done it through the… through the BEC meeting, give us all what you wanted to change and all managers vote. Then you’re cool! But for you to keep thinking you can change Derrick, “I’ll put Derrick over here! I’ll put her over here!”

Miranda: I didn’t put Derrick anywhere.

Bird: … sections. But I don’t care, but you can… you can look at… you can look at all… I can send you the last three elections and how you’ve changed them! You was involved in every one of them, Ch… Lewanda!

Hawkins: Chair Miranda.

Bird: … person here, this person there. You have the power not to do so and I want to tell you, if you are willing to not follow these bylaws and not allow a person that’s in there as it… as it states, uh… section 302: membership of the committee is limited to Chairperson and five managers who are [inaudible] or temporarily assigned to facilities in the region to be represented by elected members’ regions. Now they’re going to tell us the region. It’s not where do you live. Now, this is the bylaws. It says Portland-1, Portland-2, Salem-1, Salem-2, and outlying areas! So, somewhere down the road we made… we decided who… what facilities was gonna be in each region. DMV is not in my region.

Miranda: Yes it is, Jerry.

Bird: And you arbitrarily decide that you want to change that without going through and having the bylaws changed and allowing people to do that is just absurd. And you need to stop it!

Miranda: Okay, Jerry, your point’s made.

Bird: You know, it’s a little bit ago… “Oh, I read the bylaws.” But you only read the ones that help you!

Miranda: Okay, Jerry, you’ve made your point.

Bird: I’m just saying [inaudible] the laws. Thank you.

Miranda: Thank you.

[Multiple voices at once]

Miranda: Char.

Hawkins: Okay. I specifically recall an election between Jerry, Ann and I and I believe Ann Wright won that time so, if I’m not in that area, you know, Ann and Jerry were in the same area.

Bird: Well, then none of the areas can be changed if that’s what you’re insinuating is…

Hawkins: No…

Bird: …years ago it was changed. So now you want to say that it can be changed at a will of the Chairperson. Why did you guys change that? Just ‘cause you didn’t like the rep. That’s illegal too! Come on!

Hauth: Chair… Chair Miranda?

Miranda: Well, that isn’t the reason. That’s just your… you… your accusations. Go ahead, Randy.

Bird: Read the bylaws.

Hauth: I… I laid that… I laid that out purposely and distinctly in an email.

Miranda: Yeah, I saw it.

Hauth: Hopefully… hopefully you read it. I know you saw it, but hopefully you read it and understood it. And I guess my concern is… or my question is, when you keep saying that “I made the decision.” Or “I don’t see it that way.” How did you make the decision relative to this decision?

Jaynes: Somebody… somebody needs to mute. I cannot hear Randy when you talk.

Bird: It seems like when Randy talks they do that. Kids.

Hauth: So, anyway, my question is, Lewanda, how did you make that decision?

Miranda: Well, uh, Char was still in the Salem area, DMV should’ve been in that Salem-1 area; geographically, it had been in the past. And so, Char just stayed on the… remained on the Board for the past year and I believe that DMV should be in that area.

Hauth: So you just made that decision on your own?

Miranda: Yep, I did.

Hauth: Okay. Um, Eric?


Hauth: Wait. Hold on, please.

StevensonA: Okay.

Hauth: Um, Eric, what is your position on this, as the agency, relative to the nominations and the elections?

Morris: I don’t think I have a position, Randy. If you look at the bylaws…

Hauth: So…

Morris: If you look at the bylaws that Jerry was just reading, and I was reading along with him, it talks about the different, um… areas: Portland-1, Portland-2, Salem-1, Salem-2 and the outlying areas. But it does not say in the bylaws anywhere what… what rep… you know, what facilities are represented by those regions. So…

Hauth: Yeah, and then it does talk about when you vacate a facility and it’s clearly we can identify it… I don’t know if you’ve read the email and the documentation that I forwarded along to you and to everybody. But, I don’t believe that it’s proper, especially with the agency being connected to the elections and the nominations. And clearly the BECC is a public body and so if there are, as you probably know this, if there are bylaws, then through the public meeting regulations, the BECC has to follow their bylaws. And it seems like it’s been hit and miss and all over the place. And it seems like, when Derrick got moved into my position and, to his credit, he said, “Lookit, I was embarrassed to say this, but I was moved in there to keep Randy from getting back on the Board.” Now, is this the same kind of thing that’s happening with Char? I believe it probably is. So shouldn’t the agency and… and you, Lewanda, act with integrity and good faith and work for the betterment of this program?

Miranda: Well, I think that we need to move on with the elections and we’re going to keep it as is and, um, if…


Miranda: …if the agency looks into it and decides that… that we’re wrong, then… then we’ll… we’ll change it.

StevensonD: Yeah, this is Derrick.

Miranda: I had Art first. [silence] Go ahead, Art. [silence] Okay, Derrick, go ahead.

StevensonD: Okay, um, first, you know, this isn’t a new thing. It’s been going on for years. It happened when Randy was Chairman, it happened all through the thing and, you know… I don’t

know how we… how we got into the mess but we need to figure it out and Eric has to have some kind of a stance because the… the Commission is… is responsible to make sure that the elections are ran fair and he… and in according to… to the rules. So he’s gonna have to make the final stance; that stance can’t be made merely by just you, Lewanda. With all due respect, Eric has to… has to read and get back to us if he’s not ready to do so now, but we need to get I handled or it’s just gonna keep going.

Miranda: And I would like to have an outline of the units that are in Portland-1, Portland-2, Salem-1, Salem-2. I’ve never seen any.

Bird: I have been for the last four years… I mean, six years… almost saying ‘em but I wanted to see how you guys… and I’ll show you how they changed. And I got one from… from an email that says “from: Eric Morris,” that says, “Jerry, here are the people in the areas and he lists ‘em.


Miranda: [inaudible] that out?

Bird: They’re from Eric Morris!

StevensonA: You need to send it out. Chair Miranda?

Miranda: Yes, Art?

StevensonA: Okay. Eric did send that out and I did see it and… and, of course, DMV was in Harold’s and my, um… area. It’s clear as a bell concerning that. But I… I want to know… you’re basing your decision on, “Hey, Ann couldn’t work with Jerry, so she got to move.” Well, I’m going to throw out there that, Hey, I can’t work with Harold. He doesn’t call me. He doesn’t represent me. He doesn’t do anything. So I… I want to move with Jerry and you keep Char and… and Harold together and then we’ll actually have representation on the Board… full representation, instead of being ignored. But you can’t just base your decision, “Oh, well Ann didn’t like Jerry, so she changed.” But now “We want Char on the Board because we want to keep Jerry off. So we’re going to… we’re going to put her back.” Well, I feel the same way that Ann felt then. So, if you’re going to base your decision on that, then… then give me equality here, Lewanda. Because Harold never calls me, he never represents me, he ignores the laws and rules and regulations of our program. And so, I’m unsatisfied, too. So you do not have the authority, under any of the laws and rules and regulations, to just arbitrarily change things all the time. And… and we… every manager in this program deserves representation and we’re not getting representation. We’re getting ignored. You’re the Chairperson; you won’t call me up, talk about the issues; you won’t advocate for our complaints, like the law specifically states.

StevensonD: Keep on topic!

StevensonA: I am on topic. So, anyways.

Miranda: Okay, so… we’re going to go ahead and go on with the nominations and Eric, will you look into, um, this for us and then get back to us? And if Char should not be in that area and if she’s nominated this time and whoever else, then we’ll… then we’ll make changes at that time.

Morris: I will. I’ll provide a report to everybody.

Miranda: All right. Thank you.

StevensonD: This… this is Derrick. I just… in closing, I’d just like to say all these issues: of moving people in… in the past and stuff were all voted on by the Board and the precedent was set and nobody complained about it back then when we were… when we were doing it. And right now, I’ve never been so… so embarrassed of… of all of us. And this… the… the state of our… of our program and the way the managers are not working together is just breaking my heart. You guys, we got to get our act together. We… we sound ridiculous.

Miranda: Okay, thank you, Derrick.

Smith: Good point, Derrick.

[01:21:38]

Miranda: Yeah. Okay, so Salem-1, currently held by Charlotta Mckinzie, and we have Jerry Bird and Sal Barraza in that area. So, nominations are now open. Do we have any nominations?

StevensonD: I nominate Jerry Bird.

Miranda: Okay, Derrick nominates Jerry Bird. Do we have any other nominations?

Colley-Dominique: I nominate…

Miranda: Do we have any other nominations?

Colley-Dominique: I nominate Char Mckinzie.

Miranda: What’s that?

Colley-Dominique: I nominate Charlotta.

Miranda: Okay, Charlotta Mckinzie’s been nominated. Any other nominations? [silence] Okay, nominations are closed. Okay, Portland-2, currently held by Cathy Dominique; persons in her area: Cathy Dominique, Randy Hauth and Derrick Stevenson. Do we have any nominations?

Hauth: Yes, I would like to nominate Derrick Stevenson. I believe he brings a great deal of integrity, honesty, wealth of knowledge and experience and I would be happy to call him my Portland representative. So.

Miranda: Okay, Derrick has been nominated. Any other nominations? [silence] Any other nominations? [silence] Okay, hearing none, nominations are closed.

[unclear noise]

Miranda: Yes?

StevensonA: No. No. No. No. Sorry, I was off mute.

Miranda: Did you have something to say, Art?

StevensonA: I was just going to say, “I move nominations be closed.” But you beat me to it, Chair Miranda.

Hawkins: Lewanda?

Miranda: Yeah, Char?

Hawkins: I was trying to get off mute and I would like to nominate Cathy Dominique.

Miranda: Okay, Cathy Dominique has been nominated. Any other nominations? [silence] Any other nominations?

Bird: Did she accept?

Colley-Dominique: I will accept…

Miranda: Cathy, do you accept? Cathy, do you accept?

Colley-Dominique: Yeah, I will accept.

Miranda: Okay, yeah she does. Okay, any other nominations? [silence] Any other nominations? [silence] Okay, hearing none, nominations are closed.


Miranda: Yeah.

StevensonA: I need a point of clarification and we need to handle this right now. In our bylaws it specifically states that the votes will be counted by a person who is not… that’s not, uh… partial or anything. And the managers…

Miranda: We will make sure that… Yeah.

StevensonA: No. No. Chair Miranda. Chair Miranda.

Miranda: Okay.

StevensonA: Point of order. The man… not you will make sure of that. It specifically states…

Miranda: I know.

StevensonA: …in… in…

Miranda: An impartial…

StevensonA: …in the bylaws that the managers… and you read, you read the bylaws, it says “The managers must agree.” Not you; all of us must agree. And so, this either needs to be addressed right now or you need to have a special meeting so the managers can… or we can come up with some names to count the votes but it has … [interference from another phone] …it has to be done this way. The managers have to all agree on whose going to be counting the votes.

Miranda: Do you have any idea… any suggestions?

StevensonA: Um…

Bird: My mother!

[laughter]


Miranda: Yes, Randy.

Hauth: Yeah. Art, I think your wife Nikki is honest, integrity-driven and reputable. I don’t know if she’ll be in attendance or be available to do that, but that’s one of the… one of the people that I would think. And the other one is Karen Smith. I think she…

Miranda: Yes.

Hauth: …holds those same values.

Miranda: Mm hm. So, Gordo will you be attending the meeting?

Smith: Yes.

Miranda: So, would Karen accept that?

Smith: Yes.

Miranda: And Art, will Nikki be attending? [silence] Art, you’re on mute.

StevensonA: Um, I kind of doubt it and I don’t believe that either one of those individuals are completely non-involved and I appreciate the thought there, Randy. But it’d be… it must be somebody that’s not in the program or related to the program, that’s impartial…

Smith: We might get Hillary and Trump to do it.

[laughter]

Miranda: How about Karen Smith, ‘cause Gordo’s not running?

Morris: Chair Miranda?

[01:27:02]

StevensonA: Well… well, I believe… Here’s… here’s my thoughts on this: I believe that a… registered notary public to certify… to certify…

Smith: Oh my god.

Miranda: You’re getting ridiculous.

Morris: Chair Miranda, it’s Eric.

Miranda: Yeah, Eric?

Morris: I know that… and I cannot remember the group that was using them, but I believe the League of Women Voters will assist with that kind of process and I have no idea how to facilitate that, but I believe they do that kind of work for… if you request it. So I could check into that.

Bird: Wait a minute! The majority are women!

[laughter]

[woman’s voice]: Hi, Donald!

Miranda: Okay, so Art, you’re not comfortable with Karen Smith?

StevensonA: Um… Chair Miranda, I… I, like Eric…

Smith: I will withdraw Karen’s, uh…

Miranda: Okay, Gordo.

Smith: …vote to be on this.

Miranda: Okay. Yeah, save any problems. Okay, so…

Smith: Oh, God, yes.

Miranda: Yeah. So, Eric you’ll look into it… that… the…?

Morris: I will and I’ll let everybody know what I find out.

Miranda: Okay, thanks. All right. Sounds good. Okay, Vending Machine Implementation: We have… the Elected Committee have, uh, talked some with the agency and we have made a few changes, one being that, originally, the implementation would be completed by April 30th of 2017. However, it’s been pushed out now to the next biennium, which gives us a couple more years. And the other thing is, uh, as the membership requested, the Elected Committee is willing to go first. And they will be taking willing participants first. Then they will start with Portland area and work geographically towards the south. And with that I’m going to turn it over to Mr.…

Hauth: Yeah, Chair… Chair Miranda? If I could just interject real quick: How were those decisions made?

Miranda: They were made in negotiations with three members of the Elected Committee and Dacia Johnson and Eric, Director Morris.

Hauth: Why wasn’t anybody involved or informed of that? Why do we always have to learn about it just during the meeting? And again, how were the decisions made?

Bird: Thought it was our program.

Hauth: And when?

Miranda: When? I don’t know exactly when. It was, uh… I don’t know, a month… well, it was after… it was after we found out that the money came in and that is our job, as the Elected Committee, to negotiate with the agency.

StevensonD: Yes, but not in private.

Hauth: Okay.

Miranda: But we did nothing… it… it’s nothing detrimental. I thought that you guys would be happy with those changes.

Hauth: I’m not trying to get on you, I’m just trying to get clarity here. Business is supposed to be conducted in public and, you know, every time somebody asks for a special meeting to be conducted you say no, but then you guys go behind the scenes and do this important business that’s all very relative to all of our livelihoods. Don’t you see the irony there?

Miranda: Well, if you read… if you read the rules and regs, it’s our job to do that.

Hauth: So, you’re justifying that it’s better not to inform and involve the managers whose livelihoods are relative to this decision? And just to go and meet in secret?

Miranda: It wasn’t in secret. I told all of you that we were going to be negotiating with the agency.

Hauth: Yeah, well that’s one reason why you should probably not be the Chair any longer Lewanda, ‘cause you’re just doing so many things behind the scenes and not for the betterment of the managers of the program. It’s just a shame.

Miranda: Well, at least I’m not assigning half of the program to myself. That’s one thing.

[01:31:40]

StevensonD: All right. All right. All right.

Jaynes: Oooh. Out… out of order.

[male voice chuckles]

Bird: That’s why she is not suited for this job.

Smith: Hey, let’s knock it off, you guys. Every last one of you.

Miranda: Okay, Ms. Johnson, you’re up.


Miranda: Yes, Derrick.

StevensonD: I just want to… I just want to say that I think, according to open meeting laws, that Board members cannot meet in private with the Commission for the Blind. And when you’re going to have such a meeting to discuss policy and things that are going to happen in any way, shape or form, everybody who is a stakeholder should be invited to attend those meetings and give their input. I mean, there are right ways of doing it and yes, you are responsible and that is part of your job, but you have to do it in a transparent way and everybody has to have a right to… to attend those meetings and… and… and voice their opinions, according to open meeting laws.

Hauth: Yeah. Chair… Chair Miranda. Also, just so you know, there could be some ethical concerns here because when you’re dealing you’re also dealing with financial implications and people’s businesses. And that’s why it’s so much better to involve everybody and include everybody. And, you know, let’s… let’s talk it through, let’s have a meeting. What’s it hurt, you know? So, when these types of things happen it just raises a lot of red flags. So, just wanted to share that with you.

Miranda: Okay, thanks. All right, Dacia. You’re up.

Johnson: All right, so I will try to keep my comments brief, recognizing that you guys have several other items beyond me. So, welcome everyone. It’s nice to hear everyone’s voice. So, as Chair Miranda indicated, from our perspective we believe that today was the opportunity to get stakeholder input. When the Ele… So let’s start at the beginning. So we were faced with the challenge, um, early this year when we learned about the legality of the subcontracting issue and we as an agency did as best we could to work as fast as possible to take advantage of a small window in time, in which we were able to request additional funds from the legislature in the February 2016 session. It was one of the only times to secure revenue and it was at a time when there were a lot of other funding requests. And so we were confident that we would have a high likelihood of being successful, which we were. And the legislature invested in the state and other portion to allow us to secure those re-allotment dollars that Eric mentioned. And so we were successful in obtaining the re-allotment dollars and so it’s like, “Okay, so what does that mean at this point?” So, we wanted to make sure, first and foremost, that we are making sure that folks that are affected by this change have the tools in place in order to make the transitions. So the Elected Committee said, “First and foremost, we want to make sure that the timing of the change does not harm, um, individuals being able to make the change.

[An unmuted phone is making it hard at times to hear the speaker.]So, as a result of that, we shifted and extended the implementation time into next biennium. So, instead of trying to rush and get it done by June 30th of 2017, we’re going to allow that to continue. And it, uh… we wouldn’t continue through the entire biennium, but we would not have the hard stop of June 30th of 2017. So that’s the first point. And that really was intended to

be supportive to the managers so we can phase this in in a way that allows us to do it right and allows all the necessary supports to go around the managers that are affected by it.

The next piece that… that was important is the training. So, to reinforce the… the Hadley courses have been… the entire Hadley series is available to all of you as managers, to the extent that you’re interested to take advantage of that. Those courses include the vending module. Some of you have opted already to take advantage of the entire Hadley course. Some of you have opted to just, um, take advantage of the vending module itself. Either is great. But, in addition to that, to… to supplement that, we’re going to be offering the vending machine hands-on opportunity to engage with not only the vending machine industry but also the… the supplier side of the house. So that will be available to you in November.

I want to encourage all of you, um… there were some questions about the… the other supportive services related to the… the shift to direct service in terms of the… the vehicle and all of the necessary equipment. If you don’t have a current vocational rehabilitation case open, my encouragement is is that you start to prepare to open up a vocational rehabilitation program that will start planning… and again, start planning in terms of when we get to the implementation in your area, that you are ready to secure all those support services. Our intent would be to use vocational rehabilitation dollars to be able to get, um, you the necessary pieces for your business in order to be successful.

So we’re expecting that, as the Elected Committee indicated, and I… I want to recognize them for being willing to… to be part of the early phase of the implementation because we recognize that this will be new for all of us. And so the Elected Committee, all of them individually at different times, came forward and said, “We’re willing to be the early implementers.” That means we have five individuals that are on the list for implementation. If you are one of those individuals that wants to be an early implementer you can notify Eric. We’re just taking folks on a first-come first-served basis. And then from there forward we’re just going to move down the… starting with Portland we’re just going to move down the… the… the I-5 corridor and then any other areas in terms of implementing after the five. So we think that, at first the implementation may go a little slower so we understand kind of what all the pieces that are involved. And then, after we get good at it, then we’ll be able to pick up the pace a little bit. But our hope is that we can start, um, soon, this fall. And then from that point forward it’ll just depend on how things go and… and what we learn along the way.

[01:39:04]

Miranda: Okay, thank you, Dacia.

Hauth: Yes, uh, Chair Miranda?


Hauth: So it’s my understanding that a client can choose their training. [silence]

Miranda: Are you asking Dacia?

Johnson: Is that a question, Randy?

Hauth: Yes. It’s my understanding, correct me if I’m wrong, that clients of the agency can choose their training?

Johnson: Cathy’s ride’s here.

At 5:10pm Cathy Colley-Dominique leaves the meeting.

Johnson: So I… I’m not cert… I’m not understanding the…

[male voice]: Of course not.

Hauth: So, if I… if, let’s say, for instance, I wanted to choose a different form of training or support than the Hadley because, actually, even though the Hadley provides some good-quality training, it doesn’t provide the kind of comprehensive, diversified training that I would need to implement my plan. So, I could come in and select a different mode of training, correct?

Johnson: I’m not cert… we… it would depend on the request, obviously. We would look at each request individually. One of the things that… it would depend on the type of training because the… the contract with the vending machine provider also includes training along with that. So there will be some hands-on training as… as the vending machines are installed and equipped. So…

Hauth: What I can tell you, though…

Johnson: Yeah, it would depend on… depend on your training request.

Hauth: Sure. What I can tell you, Dacia, it’s my understanding that a client of the agency can choose their training. They don’t have to necessarily be directed to, like, the Hadley course, per se. And again, nothing against the Hadley course; it’s good for some. But looking through it myself it’s not going to provide the training that I would need to implement something such as this. And, as you’ll probably recall, I’ve done this for thirty years and many times I’ve done my own hands-on training. So what Smitty’s could provide me is limited to any benefit. And, again, it would probably take me, if and when this would apply, it would probably take me a year to properly and satisfactorily roll out any kind of implementation, you know, that would occur. And I just wondered more specifically about the training. And so, I have some ideas, you know. I haven’t been shy in saying that I don’t believe this is appropriate or proper and I believe it will be tested legally. But, on the back side of it, I’m going to make sure that I’m ready and prepared, you know, in case you guys come after me and try and threaten my license that you’ve done several times before – ‘cause that’s unfortunately how this agency works – but I

want to make sure I had the proper training. So, you can assure me that I’ll be provided the proper training that I need as a businessperson?

Johnson: Randy, I… I don’t know anything about your specific skills and experiences so I’m in a public meeting going to suggest that I do. What I can tell you is that we have the full commitment of, um, having the resources in place for folks to be successful. We think that we’ve already built in, based on our listening sessions and our work with the Elected Committee, a good start and I encourage all of you, as we did in February during the listening sessions, for you… you all to be thinking about what you need and then be reaching out to the agency and the vocational rehabilitation counselor to start preparing that. So, awaiting your stage in the implementation, if you feel individually that your preparation process will take longer then maybe the agency has anticipated. I suggest that you would start as soon as possible in that process.

Hauth: Okay, well thank you. And the second thing is: so when you guys went to the legislators and requested this money, was the VR component involved in this? Did you guys share with the legislators that you were going to be using VR funds?

Johnson: I… I’m not certain exactly what you’re asking, but you’re asking if we included the already budgeted and accounted-for funds that we have for vocational rehabilitation services. Those have already been appropriated.

Hauth: Well… well when you went specifically to the request, to the legislators, to the committee… when you laid out your proposal…

Johnson: Uh huh.

Hauth: …and your plan, did it include the utilization of VR funds? Or did it encompass the re-allotment monies and the state funding that they would [inaudible].

Johnson: So I… I’m not certain I understand your question exactly, but the nature of the process when you request additional limitation or appropriation is that you ask for the additional limitation or appropriation. And so we provided them with the information that they request when agencies go after additional funds. So we used that structured format. For our regular vocational…

Hauth: So are they clear…

Johnson: …rehabilitation services, we do that as part of the regular budget cycle. So we already have funds in place for serving, um… which many of you have taken advantage of previously, we’ve never asked, you know, specifically for services that are already budgeted for… for Business Enterprise, any more than we do in our regular budget. We don’t account in the B.E. budget services that you receive out of the vocational rehabilitation program. We’ve never done that before.

Hauth: Okay, well thank you.

Johnson: Yeah.

Hauth: So are the legislators clear that you’ll be using VR funds on this project?

Johnson: The vocational rehabilitation grant is what is the federal dollars that… that are allowed. They… we’ve… yes, absolutely, they are.

Bird: Jerry Bird. Quick question.

Miranda: Go ahead, Jerry.

Bird: Yeah, I… I just want to ask a direct… get out of the… you know, ‘cause of politics I just don’t like it. But, okay, I like the fact you’re saying volunteers, people that want to implement this program are… we are, “Come join us,” you know. I love that. But what I don’t like is I haven’t quite got it for a minute and then you’re saying it, once we do and all the volunteers that are willing to do it on their own… which is cool. I mean, I’m glad. Go fill them. Once again, I have not been told if you’re going… if you’re going to tell me that it’s illegal. And now… and all I can get from you is, “We’re going to start implementing.” And once all the volunteers are gone, the people that are willing to, you know, whatever it is. Which is, like I say, a good thing. God bless ‘em. And then you’re just going to start marching from Portland down the I-5 corridor and we will take over each one of your vending machines as we feel appropriate. I mean, that’s… kind of sounds crazy, but that’s kind of what I got in a… in a big term. I… I got nothing like, “This is illegal and we will stand by the thing” because blind people just can’t have the same rights as sighted people “and we refuse to let them make their own decisions in this program. We will be their parent.” We… and we are the kids. I hate to say that too, people, but it’s true. God, we’re business people! I mean, I… it’s my same little talk I do every… I don’t know when. But it’s all been because I fought all my life for this program just to be good! I tried to help everybody get into… I mean, it’s… let’s… let’s make some money and be good. There’s 16 [inaudible] of us! And there’s still only 16! You know? And we got all these federal places, got all these places, we got new people. There’s a… there’s one staff person for every three managers! Good lord!

Miranda: Do you have a question?

Bird: My question is, can you tell us if… if you still gonna come to me and tell me that it’s illegal and if I don’t provide… if I don’t do what you want me to, that you will remove my license? Simple. Thank you. Dacia.

Johnson: So I think what I hear the question on the table is, whether or not the agency has to comply with the Attorney General Opinion, which is that the… the vending machine, as does the cafeteria, operations requires the day-to-day… management of the day-to-day operation of the… of the facility. And the truth… the agency is required to comply with the legal opinion of

the Attorney General where this is concerned. That’s why we’ve moved so quickly to try to get the funding in place to ensure that we were… the agency was in the position to support the managers in making this transition. So our goal, especially after listening to the concerns of managers as well as the Elected Committee, that we will phase this in in a way that allows for each manager to take opportunities for training and support and that we will take volunteers first, but after we get through the… and I would encourage as many of you as possible to get in the queue if you’re, um, ready to do that. After the point in which we’ve gone through the volunteers, our plan at this point is to just move in a geographic manner. We have… there’s no other way to do it from a… from a pragmatic standpoint that we could think of that was fair and so we’re just moving forward geographically at that point. And it is the expectation that B… at the end of the five volunteers that we’ll start moving forward with helping and supporting managers with the transition.

Bird: You never answered the question.

StevensonA: Chair Miranda.

Bird: Wait a minute. I’m still here. You never answered my question. My question is, if I do not implement my facility and do my vending as you guys want to implement this will I be [inaudible] or will we have to go to maybe court or something? That’s all I want to know. Because I… you know, I… I don’t think I love it… to do it, but I hate it if you’re gonna say I have to, you know, and legally. So, I hate to go there but why can’t it just be an open thing and if you like where you are right now, stay there. Or if you want to do… and maybe new people that come in have a different, you know, they’re gonna bring in a whole new… and technology and thoughts and smartness and all that stuff. But we don’t open the door! Here’s these blind people just walking into our door and it don’t open! “I want to get the B.E. Program.” “Sorry!” You know? So, once again, I just don’t think you answered my question. Are you gonna… are you gonna try to take people’s license away if they do not do what you say on the vending machines? Just answer that.

Miranda: So, would it be mandatory? Is that what you’re asking?

Bird: Yes. I guess that… that’s… yeah. There it goes.

Johnson: So, Jerry, my… I guess from my perspective we wouldn’t… we’re not thinking about it from a licensure perspective. But our responsibility is to operate all of our programs, including the Business Enterprise Program, within our enabling statutes. So at this point we are obligated to do that and we received the resources to make this transition over the next many months and so we are required to operate all of our programs within our enabling statutes. And this does require the day-to-day operation of the facility. And… and I would encourage you, and all of you really, to just reach out if there are things that… that, um… I know there’s a lot of passion around this. I know that change is extremely difficult, that… that… if there’s things that… that you need, that you’re talking with your vocational rehabilitation counselor so we can… can learn from each other, I think we’re going to learn a lot from the courageous, um, early

implementers who are willing to go forward that can, you know, teach us about what things we hadn’t thought of and what, you know, opportunities there… that exist that we hadn’t imagined. And… and then we’ll get… by the end we will have, um… get really good at doing this work. And I know all of this…


[01:52:20]

Bird: I think most of, uh… you haven’t brought in the fact of age. Some of us are getting old, you know, and I think that’s just an undue hardship on people that are finally getting in their… and, like, you know, Gordon Smith. I mean, that guy’s going to live to like a hundred and twenty, you know, I don’t know how we’re going to deal with that. But, uh, you know, it’s a thing that some… we’re past that thing and for us to say, once again, I guess I just come back to you having it mandatory, not that the person’s…

StevensonA: Chair.

Bird: …excited about it. Thank you.

Miranda: Okay, I…

StevensonA: Chair Miranda.

Miranda: Art.

StevensonA: Am I off mute?

Miranda: Yes.

StevensonA: Okay. Number one: I’d like to say I’m a little disappointed that all of a sudden we have five volunteers and that all the managers weren’t treated fairly and equitably, which is mandated by the rules and regulations of our program. And… and you call these people courageous, um, okay, that’s fine. However, I wasn’t consulted or asked about any of this, had no input on it and, quite frankly, I have a van right now that has 350,000 miles on it. I want it replaced. I have some vending machines that I am servicing at this point in time and I want them replaced because they’re old and antiquated and I want that option. But you, Dacia, and Eric and the Elected Committee failed to have a meeting, discuss what’s going on and now you’re telling us that this is how it’s going to happen. Um, and so, I’m going to put on the table right now that I want my old machines, that I’m servicing now, replaced. I want up-to-date technology and I don’t want to wait another two and a half years and hear the excuse, “Well, we can’t do that right now.” But this… this volunteer thing, this… this not being open and honest and… and transparent to all the managers and then just all of a sudden rolling out, “This is how we’re going to do it.” You aren’t treating managers fair and equitable. Now, I know

Jerry’s got a lot of antiquated machines right now too that he’d like replaced. And… and so, I am objectionable to that part and… and I’m also objectionable to the fact that, you know, you’re going to say I’m going to service all of my other machines and we’ll deal with that one later, Dacia. But, anyways, I want to be treated fair and equitably and this isn’t just the Elected Committee’s program; it’s all of our program. And, of course, we tried to get the Elected Committee to talk to us, sent emails and everything else and, quite frankly, I’m… I’m… I’m a little bit disappointed that you, Dacia, and Eric, you know, just chose to come and tell us, you know, exactly what’s going to happen and the Elected Committee going for it also. So, I’m putting on the record: I want all my old antiquated machines that I’m servicing now replaced. Because they aren’t up-to-date, they don’t have those screens and stuff. And I… I want to have that luxury right now. And… and so, I… I’m finished with my comment here, but this was totally inappropriate. You should’ve involved all the blind licensed managers in accordance with the law. And it isn’t just the Elected Committee… they’re supposed to work with you, but you’re supposed to provide us with the information and… and allow us to have input because this is our program too. So, thank you very much.


Miranda: Yeah.

Morris: This… this is Eric. I just wanted to let… let you know that Cathy Dominique’s ride showed up and she had to go. So I just wanted to let you know that.

Miranda: So, do we have a quorum?

Morris: Yeah. With Steve being appointed to the Committee you’ve still got four.

Miranda: Are you still there, Steve? [silence]

Morris: If not…

Miranda: Steve, are you still on the line?

Gordon: I’m here.

Miranda: Okay.


Miranda: Okay, Derrick.

StevensonD: Yeah, I just… I just wanted to cover a couple things. I… I understand why the Board members would volunteer. I know, you know, Lewanda’s equipment’s all broken down and she’s been having trouble with that stuff and… and I can understand why she’s doing that. But…

Miranda: Can I interject something real quick?

StevensonD: Sure.

Miranda: The reason why I did that, I was challenged by Jerry Bird through the emails to the entire membership, that’s why I volunteered.

StevensonD: Okay. So, that’s going to include your prisons and everything that you’re not already servicing?

Miranda: It’s going to be everything, as far as I know.

StevensonD: Okay. And I… one of my first disappointments is, um, you as Chair said that you thought what they were doing is illegal and…

Miranda: And I still do not think that subcontracting is illegal.

StevensonD: Okay. So, I… I just wanted to make that point clear: that you… you accepted to do this, knowing that they didn’t have the right to… to force you.

Miranda: Well, I… I don’t know. I mean, I don’t believe that it’s illegal, but I haven’t gotten legal counsel, so I don’t know.

StevensonD: And then… and my point, you know, the whole… I think the Commission for the Blind’s being reckless and everything, with all the legal questions that need to be answered and are gonna be answered to… to start implementing and doing anything is… is reckless. And then I’d like to ask Dacia what she considers a vending person doing day-to-day operation? What… what does that include for her? I mean, does that mean you expect us to go to every location we have every single day or… I’d like to have her define that.

Johnson: So, Derrick I’m not prepared to…

[male voice]: That’s a great question.

StevensonD: [inaudible]

Johnson: …get into the Attorney General Opinion and the day-to-day operation. I think that what I have heard from almost all of you over the years is that you have… many of you have done this before. You’ve directly serviced your machines. So I feel confident that you understand the difference between subcontracting and day-to-day operation. So what I just want to reinforce is, is that this… I… I am encouraging all of us to look at this as an opportunity and that really in… in the… where public policy is around disability and employment is, there is a significant push nationally and here in Oregon for people with disabilities – all disabilities – to

be working in competitive, integrated employment at the highest level of their ability. And this change, if we were to wait, um, for something to happen which we would be stuck in a position of not operating within our enabling statutes in today’s environment, it would put the program at significant risk from our perspective. So we have a responsibility to do what’s best for all of you. And we have heard from… over the years many, many times from you the concern that the agency had not invested in these vending machines and that was a point of concern for several of you that was brought up on a number of occasions in… in my presence. So I… I do think that this is a shift, this is a change… is a change that is going to be required in order for us to operate within our enabling statutes. But what I can commit to you is, one: I know all of you can do it, first and foremost. And two: the agency is re-investing in this program, at the staff level, at the infrastructure level, and we want to be there to support you to manage your businesses in the way that optimizes your income and optimizes, really, what the Randolph-Sheppard talks about, which is remunerative employment. And this, to me, speaks of the heart and the core of what the Randolph-Sheppard is all about. And…

Hauth: Yeah, Chair Miranda?

Miranda: Wait a minute. She wasn’t done. [silence] Were you done, Dacia?

Johnson: So I… yeah, so I just encourage… I understand the concerns. We, um…

StevensonA: [inaudible] no doubt.

Miranda: Uh, you’re not on mute.

StevensonD: Well, this is…

Miranda: Randy…

Hauth: Chair Miranda.

StevensonD: [inaudible]

Miranda: Randy’s next. Wait, Randy’s next.

StevensonD: I’m finishing.

Miranda: Oh, yeah. Go ahead. Yeah, right.

StevensonD: For you to say that you cannot tell us what they… what… what you’re requiring as a day-to-day operation… I mean, you can’t implement and tell people that they have to be, um… they have to be making sure that they’re involved in the day-to-day operation. You know, you’re not going to tell us what that is, how can we do it?

Johnson: Well, Derrick, I hear what you’re saying. What we can do is… and I’m not the B.E. Director, so what I can direct Eric to say is, is he can provide more guidance in terms of what that looks like and we can work with the Elected Committee on that. So, I certainly… it’s not that your question is invalid. I didn’t come prepared to speak to that particular point this evening.

StevensonD: Okay.


Johnson: It’s a valid question, for sure.

Miranda: Okay, Randy.

[02:03:00]

Hauth: Yeah. A couple of things I would like to… like to mention. You know, change is not hard; some change is hard. So if somebody came to me and said, “Hey, lookit, you’re 56. You want to be 39?” Bang! I’d go for it. “You want to look like Brad Pitt?” I’d go for it. But change that is going to hinder and limit our income is wrong. There’s also, contained within the Act, high-level management. Remunerative employment does not mean being a grunt out there putting a… putting a candy bar in the machine. I was in Sacramento this weekend… a couple of days ago, and I went to the RSA training. I don’t know if any OCB staff were there, but they talked about integrated employment. They didn’t talk about the Business Enterprise Programs. So, you know, so just keep that in mind. My concern is, why didn’t you, as the Executive Director of this agency, have open dialogue with stakeholders and members of this program? We’ve seen through public records that Gail Stevens, Eric Morris, and you were aware of this plan prior to us being made aware of it. Why didn’t that happen? You know, that really circulates around suspicion that maybe this serves an ulterior motive. And so I’d just like you to maybe answer why you haven’t had discussions. I’ve heard from all kinds of people that the big concern is that you’re doing this in a bubble and that people aren’t being brought into the loop. And why aren’t there pilot projects, you know? If you’re saying, “Oh, gosh, this is going to make you so much more money,” why didn’t we do a pilot project? Why didn’t we do a study? Why didn’t we think this through well?

Johnson: So, Randy, from my perspective there have been lots of discussions. We’ve talked with every individual in the program on a… in a… small groups that the Elected Committee participated in in terms of listening to folks, in terms of where their concerns were about implementation several months ago. We shared, in advance of the request, all of the information in terms of what we were asking for, from the legislature it was the subject of several… and almost every public Commission meeting since the February time period. So this has not been happening in a vacuum. We’ve been sharing the progress in terms of the… the… the re-allotment request as it’s been coming forward, the progress of the… the actual procurement of the vending machines. So we feel that we have been communicating and, from

our perspective, part of the reason why we were asking for volunteers is for – which I was the… you know, copied on that communication where it was, um, requested that the Elected Committee consider doing that and it sounds like they took you up on the challenge – is that we do… we’re learning… we will be learning by doing as well. So until… but what we know is, it can be done because other states are operating this way and the… many of you have done this in the past. So we know that it’s possible. And what we don’t know are the details in terms of what infrastructure we need to have in place. So we anticipate the first couple times we’re going to learn something. But as we move forward we’re going to get better and more efficient at it and work together. And we will share those lessons and learning along the way with each other so that those who come later can benefit from those early implementers. And, frankly, I do think it’s courageous because it’s kind of going into the unknown in terms of what this looks like. And there is some flexibility. What Lewanda may consider in terms of how she manages her business, in terms of day-to-day operations, will probably look different from others. So there will be some flexibility within the, um, enabling statute authority that we have to administer the program.

Hauth: Yeah. Thank you, Dacia. I guess my concern is, I’ve seen the public documents and I know that you guys were involved in this much prior to bringing it to the Elected Committee, which really raises some red flags, and I’ve seen some other practices that you guys – the agency, when I say, “you guys” I’m talking about the agency, the administration – seem to bring things to the plate later rather than sooner and that’s… that’s a concern. So why wasn’t this well thought up? Why wasn’t it dialogues with stakeholders? Not only managers; this involves stakeholders, private companies. I’ve heard a lot of negative feedback from private companies out there. And who’s to say what they might do, right? So, why wasn’t this… as the Executive Director, why didn’t you have enough integrity and experience to know that “Hey, lookit, let’s have this open dialogue. Let’s have this discussion. Let’s see if this is going to make managers more money or less money.”

You know that Canteen provided you a financial analysis and it’s an accurate analysis and it shows that managers will lose money. You saw that they also had an attorney that did an analysis of the AG Opinion and this gentleman was the counsel to the legislators several years ago. And he said, “No, it doesn’t mean anything.” So, wouldn’t it have been better… and I know you’ve had discussions with James Edwards. You know, those discussions probably should’ve been more directed towards the managers and Elected Committee. But wouldn’t it have been better to say, “Hey, lookit, this is where we’re wanting to go. Let’s find a way to get there together.” Instead of just dropping this bombshell on people and having all this turmoil.

Johnson: So, um, I… I disagree… respectfully disagree. I think I have a high level of integrity and that my intent is… is to really try to… to keep this program aligned with where public policy is around employment and that I was not willing to put the program at risk to be out of compliance with the enabling statutes. And I had a small window of time in February to secure additional federal and state and other limitation and I took it. So that is the difficult decisions that you make when you’re in leadership positions. And what we’ve tried to do in that time period since then is to let folks know where we’re going, take input. And… and when you… I

believe that this is the… the future of the program was at stake and I took the… made the difficult decision and I stand by it. I know all of you can do it. I know that all of you are capable of doing that. I believe… I respectfully disagree that you will make less money. I think that you will make as much or more money doing this. And that it really is required. And for us to be in compliance with our enabling statutes. So, um, I… I encourage all of you to think about what your needs and what your support moving forward to make the transition in your business. We don’t make decisions based on how old people are. That’s against the law. So we don’t factor in age into our process. And I think that… I really have confidence that… that all of you can make this shift and we’re here to support you to do that.

Hauth: Dacia, I appreciate it. And last, but not least, I just want to tell you… remind you: you promised when you were hired that you were going to have town halls, you were going to reach out to the stakeholders, you were going to have open dialogue, that you were going to listen to people. I, quite frankly, in all honesty have not seen that happen.

Johnson: You know, I’ve spent quite a bit of time talking with you, um, since my time as Executive Director so I… I understand that that’s your perspective, but I respectfully disagree.

Hauth: Are you talking about complaints? Dacia, are you talking about my complaints?

Johnson: Chair Miranda, I… I believe that the quality of the conversation has probably gotten to a point where…

Hauth: Dacia? Excuse me.

Miranda: Okay.

Hauth: Dacia? Are you talking about my complaints? [silence] Hello, Dacia?

Miranda: She… she’s done.

Hauth: Wow. That’s some leadership.

Johnson: So, Randy, I’m still here, but I really would encourage us to speak professionally and positively to each other. I certainly…

Hauth: Okay. So…

Johnson: …and I’m not willing to get into…

Hauth: So let me… let me…

Johnson: …some, uh… to be respectful…

Hauth: So can I ask you a question, Dacia?

Johnson: …with your colleagues. I’m not willing to get into some debate...

Hauth: Can I ask you a question?

Johnson: …in this format.

Hauth: I was just trying to follow up and I apologize if you felt that we’re not respectful because I believe I’m trying to be respectful of you. I was trying to be frank and forthright and honest. But did you talk about… when I shared about how you promised to have dialogue and town halls and reach out to the stakeholders and I didn’t believe that you’ve been doing that, did you say that you had discussions with me about my complaints?

Johnson: No, Randy, I did not. You… you stated that; that was your words not mine.

Hauth: Okay. Okay. I couldn’t hear it.

Miranda: Okay.

Hauth: So when did you have dialogue with me?

StevensonD: We can discuss that later.

StevensonA: Discuss it later, Randy, please. I… I… Chair Miranda?

Miranda: Yeah.

StevensonA: Okay.

Miranda: Art.

StevensonA: Now, Director Johnson. Okay. In… in the spirit of implementing and doing right, with the intent of the law, etc. etc. I… want to volunteer. In fact, I want to be a part of implementing the law fairly and equitably and… and therefore… You have the equipment? Absolutely. You have to put them in place? Absolutely. I have the right, as long as I am in control of the day-to-day operations…

StevensonD: This can be done in private.

StevensonA: No. But… but… I… I want to be a part of the beginning group implementing this in accordance with the law that… that provides the services etc. etc. And so we need to… we need to do that. We need to have a meeting, you and I, with my teaming partner, Compass, and we

will discuss the issues. But I do want my old equipment replaced too. So I want to put that on the record and I’m done with this conversation.


Bird: Jerry Bird. One quick one.

Morris: Yes, Eric?

Morris: I just…

Bird: Jerry.

Miranda: No. Eric was first. Eric was first.

Morris: I… I…

Bird: [inaudible] …just, you know, I’m trying to get everything clear. Is Dacia saying that she believes that an informal opinion is law or rule. Or are you just… wait a minute, are you now leaving that aside and just saying it’s in our statutes? Thank you. That’s to Dacia.

Johnson: So, if… is your question, Jerry, is whether or not I believe that the AG Opinion that was issued by the Chief Counsel of… of the General Counsel Division, Steve Wolf, is an Opinion of what our enabling statutes read? I do. And that’s the basis of us moving forward and the timing of us moving forward so quickly was related to that, to make sure that we maintained operation of the program within our enabling statutes.

Bird: Did you ask for that Opinion? It wasn’t like they notified you and said, “Dacia, jeez, you guys are bad.” Didn’t you ask for that opinion? And then, isn’t there more to that opinion that says, as long as there’s some other facts that you… that it’s not illegal, it’s just maybe not appropriate if you don’t do certain things. But, once again, I don’t know… And you keep saying that you have limits on time. I mean, I’m in this program, we all are. You got to discuss it with us. My time is valuable or my livelihood, so…

Johnson: Your time is valuable.

Bird: I’m just concerning that your… your decisions prior to asking us, as a parent I would question.

Johnson: So, Jerry, the… the issue came up when we had, uh, the Attorney General review of the rules. There was a question… you’re right, I did ask for the Opinion. But it was in result… as a result… You may recall, in December of 2015, at the request of membership you wanted to see the AG… Attorney General comments about the rules. In those comments was a question to the reference to subcontracting and whether or not that was allowable. So we did… the agency

did move forward quickly and asked, “What do you mean by that?” So, as a result of that we were issued the Chief Counsel Opinion that talked more specifically about the subcontracting issue, which did lead… in anticipation of that we did move forward with the funding request, knowing that either we asked in February or we, um… waited until June… it would basically be putting it in our regular budget, which would be questionable whether or not we receive it and we’d be talking July of 2017 at the earliest.

Bird: Okay, thank you. So…

Johnson: So we moved forward quickly.

Bird: …I guess what you’re telling me is… what I’ve heard is it’s better to do it than ask for forgiveness. Thank you.

Miranda: Okay…

Johnson: Those are your words, not mine.

Miranda: …Director Morris, you had a question?

Morris: No, Chair Miranda, I just… I just want to be conscious of the time. Eventually, I’m going to have a transit crisis. So, I think we’re about a quarter to six at this point.

Miranda: Okay. All right. Well, we’re going to go ahead and move on. And I’d like to thank you, Dacia, for your time. And…

StevensonD: Can I just ask one quick question?

Miranda: Okay. One more quick question.

StevensonD: Okay. So is this… is this implementing federal locations? Are you saying that it’s wrong to do it in federal locations and state or… or are the federal places handled differently?

Johnson: Great question. Our intent is to have a uniform way of operation, a standard way of operation, where all machines, whether… irrespective of the location, would be directly serviced. The… the Randolph-Sheppard Act doesn’t speak specifically to this issue, so we would be administering it uniformly across the state.

StevensonD: Okay.

Miranda: Okay. Thank you, Dacia…

Johnson: Good question.

Miranda: …for your time. We’re going to move on. B has been removed from the agenda, for healthy vending. So we’re moving on to 6. Old Business. RSA monitoring. Eric?

Bird: Just a second, Lewanda. Wouldn’t it be a good time for Harold to maybe appoint someone? Supposed to be done at a meeting.

StevensonD: No.

Miranda: Harold, are you there? [silence]

Bird: Me, myself, and I. Or what?

Miranda: Harold? [silence]

Smith: I… I think everybody’s wore out.

Miranda: I do too.

Bird: Well, it ain’t important, you know, our livelihoods aren’t. We’re tired. Let’s get to bed, people.

Jackson: Could I ask a question? Steve Jackson.

Miranda: What question do you…

Jackson: Can you hear me? I’d like to just ask a question about the… the definition of how a manager day-to-day operates his route because I’d like a second opinion on that…. AG’s Opinion, personally. So.

Miranda: Okay. I’ll… I’ll try to get…

Jackson: [inaudible]

Miranda: I’ll try to get that answer for you.

Jackson: Okay, ‘cause… Great.

Miranda: You asked from the AG, right?

Jackson: Well, yeah, ‘cause, I mean, it’s the same question Derrick was asking. And if the day-to-day operations is the… the deciding point between subcontracting and contracting, right? I mean, where… where does it define that? How do you know for sure which one that you’re doing?

Miranda: Okay. I’ll…

Bird: They’ll tell you what to do.

Miranda: Okay. RSA monitoring. Director Morris.


Miranda: Yes, Art?

StevensonA: Will you check to see if there’s a quorum of the Elected Committee? ‘Cause…

Miranda: Okay.

StevensonA: …if Harold…

Miranda: Okay. I will. Cathy Dominique.

Jackson: Good idea.

Miranda: Oh, she left. Okay, Char Mckinzie? [silence] Char?

StevensonD: Yeah, they should be saying that they’re leaving if they’re going to leave the meeting.

Jackson: Yeah, totally. I agree.

Miranda: Harold Young? [silence] Harold?

Jaynes: Wow.

Miranda: And Steve Gordon? [silence] Steve Gordon? Okay, Eric, we don’t have a quorum. I’m the only one here.

StevensonA: We gotta call another meeting when we have a quorum.

Bird: Good bye.

[unidentified voice]: Someone’s going to have to take notes… [inaudible].

StevensonD: Well, anyways… Lewanda?

Miranda: Yeah.

StevensonD: You received my email?

Miranda: Yes.

Bird: God bless this committee.

StevensonD: Could you please…

Jackson: God bless you, Jerry.

Miranda: Yes. We… we will… Yeah, we will be. Right away.

StevensonD: All right. I…

Miranda: Okay. I’ll… I’ll be in contact with you.

Smith: See you, everybody.

Miranda: All right.

StevensonA: You gotta call another meeting, Lewanda.

Miranda: All right. All right. Sorry, guys.

StevensonD: You don’t have to do it right now, but…

Miranda: Okay, thanks.

Morris: Good night.

Miranda: Good night. Good bye.

[02:22:43]

Transcription: Mark Riesmeyer

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