BUSINESS ENTERPRISE PROGRAM OF OREGON PUBLIC MEETING WORK SESSION

Date: Thursday, March 9th, 2017Time: 3:00 p.m.

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

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

Agenda Any of the agenda items listed below may become an action item. Any of these items may be a conflict of interest.

1. Call to Order

2. Public Comment

3. Director’s Report

4. Overview of RSA-15 (continued): Follow up, answer to questions – Director Morris

5. Sub-Committee Work Sessiona. Rules/Regulations – Jerry Birdb. Facility Development – Art Stevensonc. Budget/Finance – Lin Jaynesd. Training Education – Derrick Stevensone. Retirement – Randy Hauth

6. Old Businessa. Edith Green Updateb. Theo's Updatec. Labor and Industriesd. Unassigned Vendinge. Necessary/Needed Support to Managersf. Other

7. New Businessa. Concerns with Responsivenessb. Port of Portlandc. Job Creation Legislation Updated. Summary Determinatione. Other

8. RSA Assistance/Mediation

9. Open Discussion

10. Next Meeting

11. Adjournment

VERBATIM

[Start at 00:00:49]

Hauth: Hey, everybody. This is Randy and for about a half-hour I’m going to be on transit, so I’ll… if I… if I break off the line then hopefully somebody else can lead the meeting. But, anyway, we’ll get this thing going and I’ll try and keep it muted and try and keep it… try and keep it as less disruptive as possible. We have Eric on the line, is that correct? Eric?

Morris: I’m here. I’m here, Randy.

Hauth: Hey, Eric. You bet. Okay. Let’s go ahead and at least get the… get the roll, see if we have a quorum and then I’ll put it on mute.

Morris: Sure. Sounds good.

Hauth: Sorry about the background noise. Anyway, is Derrick Stevenson on the line? [Silence.] Derrick Stevenson on the line? [Silence.] Okay. Is Art Stevenson on the line? [Silence.] Art Stevenson on the line? [Silence.]

Morris: Art was here just a few minutes ago. He might be on mute.

StevensonA: I’m here, Randy.

Hauth: Hey, Art. Thank you. Is Jerry Bird on the line? [Silence.] Jerry Bird? [Silence.] Okay, is Steve Jackson on the line? [Silence.] Steve Jackson on the line? [Silence.] Steve Gordon on the line?

Gordon: Here.

Hauth: Hey, Steve. Thanks for joining in. I’m on the line. I’m gonna call for Derrick. Derrick Stevenson, are you on the line? [Silence.] Okay. Is jerry Bird on the line? [Silence.] I know Jerry was going to join us. Steve Jackson, are you on the line? [Silence.] Okay. Go ahead and move on to the membership. Lin Jaynes, are you on the line?

Jaynes: Present.

Hauth: Hey. Thanks for joining. Cathy Dominique, are you on the line? [Silence.] Cathy…

StevensonA: Randy, she’s… she’s not here. She had a doctor’s appointment today.

Hauth: Okay. Okay. Thank you. Char Mckinzie, are you on the line? [Silence.] Char Mckinzie, are you on the line? [Silence.] Okay. Salvador Barraza, are you on the line? [Silence.] Salvador Barraza? Okay. Somebody just joined us. Who joined us, please?

StevensonD: This is Derrick.

Hauth: Hey, Derrick. Thanks for joining. So we just called myself, Barraza, and [garbled]. And, we have Carole Kinney on the line?

Kinney: Yes, I’m here.

Hauth: Hey, Carole. Thanks for joining us. Do we have Harold Young on the line?

Young: I’m here.

Hauth: Hey, Harold. Thank you for joining. Do we have Tessa Brown on the line? [Silence.] Tessa Brown, are you on the line? [Silence.] Okay, do we have Lewanda Miranda on the line? [Silence.] Do we have Lewanda Miranda on the line? [Silence.] Okay. And did I leave anybody off? [Silence.] Okay. Anyway, thank you very much for joining in and I’m gonna go ahead and put my phone on mute. And, Derrick, if you wouldn’t mind, at least for the next ten, fifteen minutes taking over the meeting, the adoption of the minutes and that. I’m gonna go ahead and put the… my phone on mute.

StevensonD: Okay. Well, is Jerry here? [Silence.] I’m unable to read…

StevensonA: Derrick?

StevensonD: Yeah?

StevensonA: Okay…

Hauth: Derrick, it would be the adoption of the minutes [garbled] is the last meeting and then we’re going to move forward with… starting at section B, on the RFA-15 report. And Derrick, uh, Eric was going to go through and read, line by line, so we were gonna spend about 30 minutes, 45 minutes on the RSA report. So, if that helps.

StevensonD: Okay. Yeah, I’d like to put forward a motion to accept the minutes from the last meeting.

StevensonA: I second that motion.

StevensonD: The motion is second… The motion is second and we’ll take a vote. Art Stevenson. [Silence.] Art Stevenson. [Silence.] Steve Jackson.

Jackson: I’m right here.

StevensonD: Yay or nay…

Jackson: What is the vote on? I’m sorry. I just got on. I just…

StevensonD: [inaudible]

Jackson: Oh, yeah. I accept the minutes.

Gordon: Hello? Hello? Hello?

Jackson: Yeah, Steve Gordon.

Gordon: Yes?

Jackson: Hey, Steve.

Gordon: I… I got cut off right when we were taking the vote, but yes.

StevensonD: Oh, okay. All right.

Gordon: Sorry.

StevensonD: Thank you. Jerry Bird? [Silence.] Jerry Bird? [Silence.] And Randy Hauth?

Hauth: Yes, I accept.

StevensonD: And I accept. Minutes passed. I guess now we’ll move on to turning the show over to Eric.

[00:06:42]

Morris: All right. Well, good afternoon, everybody. Let me get…

StevensonD: Good afternoon.

Morris: Let me get to where I can talk in a straightforward manner, here. Okay. So…

StevensonA: Am I off mute?

Morris: Yeah.

StevensonA: Am I off mute?

Morris: Yeah.

Jaynes: Yes.

StevensonD: You are now.

StevensonA: Okay. I’m gonna put it back on mute. I asked if I was off mute… on mute, I meant. Okay. Thanks.

Morris: Okay. So, here we go. So, last… the last meeting, the last work session we talked about the RSA-15 report and we went through that kind of line by line and we’re down on section 5, or “V,” depending on how you’re reading that. And let’s see… so, section V (5) is distribution and expenditure of program funds from vending machine income and levied set-aside. So, this section, the… the document itself is set up to where… it’s set up in columns and rows and so the category across the top from left to right says “category” and then the first category, the first row, is Vending Machine Income – Federal, Vending

Machine Income – Non-federal, then it says levied set-aside, and then a Total column on the far right-hand side. And what we’ll do is we’ll just go down through the… about seven different line items. And if your… if your phone’s not on mute, please put it on mute. I’m getting a lot of feedback on my end. So, thank you.

StevensonA: Am I off mute?

Morris: Yep, you’re back.

StevensonA: Okay.

Morris: So let’s see. So, line item 1 here is… 1 is the amount on hand beginning at the… Line 1 is Amount on Hand at Beginning of Year. That’s not a full sentence. And so, from left to right, as I talked about before, is Federal, Non-federal, Set-aside, and Total. So the first line is a hundred… or 16,919. And then it says 50,548, 11,909, and then the Total is 79,376… $79,376. The next line is Funds Added During the Year and same… same amount of columns and it says 5507, $5507, 44,591, 118,000… $118,614 and the total is $168,712. That’s for Funds Added During the Year. Total Funds Available, line item 3, is left to right, is 22,426, 95,139, 130,523 and a total of $248,088. Line 4…

Bird: Jerry Bird’s here.

Morris: Hey, Jerry.

Bird: Hello.

Morris: We’re just getting going on category, or section 5, or “V,” of the RSA-15 report and the only thing that’s really happened so far is the minutes have been adopted from the last meeting. So, you didn’t miss a bunch. Line 4 is Funds Distributed to Vendors and that’s zero all the way across. Line 5: Other Funds Expended and that’s zero for the first column, zero for the second, 141,803 for the next one and a total of $141,803 for that Other Funds Expended line. Line 6 is Total Funds Distributed and Expended, lines 4 plus 5. So, the above two lines added together and that’s still that $141,803 total amount. So the Funds Distributed to Vendors and Other Funds, lines 4 and 5, are the total for 6. That’s just a simple math thing. And then line 7 is the Amount at the End of the Year, which is line 3 minus line 6. And from left to right that reads $22,426, $95,139 and negative $11,280 and then for a total of $106,285. So that’s section 5 and that’s the Distribution and Expenditure of Program Funds from Vending Machine Income and Levied Set-aside.

StevensonA: Eric?

Morris: Yeah?

StevensonA: This is Art.

Morris: Yeah.

StevensonA: So, you know, I brought… I brought this situation… I, you know, I’ve discussed that and actually sent you an email a couple times about vending machine income and how it, you know, wasn’t being disbursed appropriately. And so I had made a suggestion that you had talked to RSA concerning that and get some clarification. Did you do that?

Morris: I’ve talked to RSA. I’m trying to remember if I talked to them specifically about that. And I… I don’t remember if I did.

[Silence.]

Morris: So, did you have some thoughts on it, Art?

[Silence.]

Bird: This is Jerry. What… what number are we on? I just got my RSA-15. What number are we at, Eric?

Morris: Section V, or section 5.

Bird: Let’s see, V….

Morris: Hang on. Hang on.

Hauth: V as in victor, Jerry.

Morris: It’s about four pages down, depending on…

Bird: [garbled] and Expenditures. Okay, gotcha.

Morris: Yep, yep.

StevensonA: Okay, am I back off mute?

[00:13:31]

Morris: Yeah, you’re back.

StevensonA: Okay, so anyways, yeah, I had sent you an email, you know, concerning federal vending machine income and stuff like that and had requested that you and I, you know, talk to RSA about it and I had not gotten a response whether you had done that. And so, I actually, in… in preparation for this meeting, had called RSA and talked to Mr. Hartle and he relayed to me that he had talked to you about the issue. So I was wondering… evidently you don’t remember it, so it’s gonna be kind of hard to discuss it. However, you know, I did want to ask that question because I had made that suggestion after the last meeting, concerning vending machine income and… and had made that suggestion. So you don’t remember discussing federal vending machine income or any of that kind of stuff with Jesse?

Morris: Well, I… I talked to Jesse but it’s been a couple of weeks ago and I’m trying to remember if we talked specifically about federal vending. I’m sure we did if it was one of those recommendations that you made, and I’m trying to remember the… What… What did he tell you?

[Silence.]

Morris: Art, I think you’re on mute.

StevensonA: Oh, okay. One of the things I suggested in the email to you was, because you and I were having this discussion about vending machine income, that you and I talk to Jesse together and you never responded to me. And so, just out of curiosity – well, actually, I had a couple things else I needed

to talk to Jesse – I asked him if you and him had discussed vending, you know, the federal vending machine income and deducting it off set-aside, if you were using it for set-aside purposes and stuff like that. And… and he had… he had relayed that he had discussed it… discussed it with you and pointed out what the law says and stuff and what should be done. So…

Morris: Well, you…

StevensonA: I would… I would suggest… Well, actually, we’ll… we’ll address that issue later on in another subject that’s coming up. I just wanted to find out, ‘cause I had heard that you had discussed what the Act says about vending machine income and spending it for set-aside purposes and stuff.

Morris: Yeah, ‘cause…

StevensonA: [garbled]

Morris: Yeah, ‘cause Art, if I’m remembering correctly, your email talked about how – ‘cause it’s coming back now – how, if we were adjusting people’s set-aside based on federal vending machine income. Is that… Am I on the right track now?

[Silence.]

Morris: Art, you’re on mute again.

StevensonA: Okay. Okay. Yeah, that’s… that’s… that is correct and…

Morris: We… we talked about that, yeah. Definitely.

StevensonA: Okay.

Morris: And from what I understand, after talking with Jesse, as I recall the conversation, he’d only heard of that specific – and we looked up the regs together – that specific kind of language in that one paragraph from one other, like, auditor back in the day kind of thing. So he was gonna do some further research on it and get back to me and I haven’t heard anything back.

[Silence.]

Bird: I got a question if you’re done, Art.

StevensonA: Go ahead, Jerry.

Bird: Okay, I don’t know if you already discussed this but, Eric, I’m looking at levied set-aside section.

Morris: Okay.

Bird: It shows we brought in, what, $130,000? Some 523.

Morris: Yeah, gotcha. Okay.

Bird: Okay, now down at the bottom we’re minus 11,000. Can you explain to me why, in our vending machine on federal is still 95, vending machine income federal, non-federal 22. 95 non-federal, 22

federal. What we pay in has been gone… it’s gone plus 11,000. Can you explain why our set-aside fund is deleted like that?

Morris: Let me take a look at this real quick, Jerry. I’m not sure that’s what it’s saying. ‘Cause it’s saying… the calculation at the bottom there’s total funds distributed and expended, so let me look here real quick, ‘cause it’s minusing lines 3 and 6…. Yeah, I don’t know, Jerry. I’d have to find out. I’m not sure what the…

Bird: Well, we talked about before, and I think this shows pretty clear that you guys are taking our set-aside and spending every penny of it, plus some. Now…

Morris: [Inaudible.]

Bird: …that’s where we’re at today, is you guys, I don’t believe… and all things I’ve read and we’ve discussed it in the past, that you guys have the authority to spend our set-aside funds how you wish, which it looks like you have. I believe that it states them five reasons and you have to go through the B.E.C.C. and we have to decide how we want to spend our set-aside funds. Now, you guys have bypassed us and I think you believe you can just spend our money how you guys see fit. And I believe that’s illegal, that you… that if you guys want… It looks like to me that you’ve spent all our set-aside money we spend in on I don’t know what, plus some.

Morris: Jerry, I don’t… I don’t think that’s…

Bird: [Garbled] and matched, but we’re not gonna you guys our set-aside funds if you’re gonna blow them away and use them for equipment when we need… we want benefits. So what I’m getting at is whether the set-aside, whether they’re our set-aside, federal, non-federal, it all come in to our set-aside account. Now, I believe our set-aside account cannot be spent without the B.E.C.C.’s and the membership voting on how we want to spend that money. I know you guys’ve been doing it the 30 years I’ve been in the program. But it’s pretty clear to us now you’re trying to take in unassigned vending and put it in your own pockets to use it for your own purposes. I believe we need to get back to exactly how we want it spent. Now, if it comes in and say it’s $200,000 well, then, we can either, you know, pick benefits; we… we can have you reduce our set-aside accordingly and all that. Because set-aside funds, Eric, are paid by us. It’s our money. And… and we only, basically, give them to you guys because you’re supposed to get… as a… as a smart way of getting three times matching funds. But you told us many times that our matching funds don’t come back in our program. So why in the world would we want to just throw you guys that money and we don’t… we don’t even get a penny out of it. Can you explain to me why you are not following our handbook and letting this Committee membership vote on how we spend our money?

Morris: Is that a question, Jerry?

Bird: Yes.

Morris: Okay. So, let’s… let’s double-back just for a second 'cause I was trying to figure out the math on this… this section and…

Bird: We can go over by item… itemized, you know. We need to know. So…

Morris: Yeah. Part of the calculation that shows in the negative is taking the amount of set-aside levied, so how much was levied, minus other funds expended, so non-set-aside; that’s where you come up with a negative amount showing. It’s not like we’re…

Bird: How can [garbled] set-aside funds…

StevensonA: Hold on there, Jerry. Jerry. Jerry. Will somebody that’s not on mute and they’re talking and we can’t hear 'cause everything’s garbled… So everybody needs to be… If you aren’t talking, please put it on mute because we can’t… we can’t hear what’s going on. Thank you.

Bird: Okay, thanks. Eric, so now you’re saying other funds were… that… that hundred… there was $141,000 spent on other funds, correct?

Morris: Yeah. 141,803. That’s… that’s why I was trying to do the… 'cause it… this bottom line that shows the negative portion, that’s where it’s this calculation of minusing line 3 and line 6. So I was trying to see what it was trying to calculate here.

Bird: What is “other funds?”

Morris: Well, I… I’m not positive but, in my mind, other funds is VR-110 monies. But I don’t know that for a fact, so please don’t quote me, but that’s… as I think about other funds that are available, that’s… They’re not a lot of funds floating around besides set-aside and VR-110 money. So.

Bird: “Other funds expended”… but they been spent. They didn’t come in.

StevensonA: Okay. Well…

Bird: 141,000 come out, not in. So, I’m still wondering – and you filled this out – so what do you believe is other funds? Say it again, please.

Morris: Let me look. Hang on one second. I was gonna go to the, um… the what do you call it, the… Where is that darn document? Not the actual…

Bird: See, it’s kind of coincidental that only “other funds” is only spent out of our set-aside; none come out of vending machines on federal, none out of state. You spent our set-aside that we all pay onto other funds. And I… I’m, like I say… I guess you’re working on it, but we need to know what… what itemize was other funds?

Morris: I… I…

Bird: And by… And the other question would be: And by what authority did you spend other funds of our set-aside without proper procedures?

Morris: Well, Jerry, there are no other funds in set-aside. I mean, it’s either set-aside monies or it’s other funds and I’m… I’m not an accounting expert, but I’ll ask accounting what other funds… 'cause accounting fills this portion of it out. You don’t have Eric in there crunching the numbers on this piece of it. So.

Bird: Well, would you look at that and kind of think there seems something weird there?

Morris: Well, and it… I was trying to pull up the… the RSA-15 policy directives I’ve sent you guys, but for some reason my document got closed. ‘Cause it will tell us… Hang on one second, I’ll pull it back up here. It… It gives the guidelines for how the report’s supposed to be populated.

Bird: Okay. Can you find where it says “other funds” under that section?

Morris: Yeah, I had it open but then it got closed somehow. Hang on a second.

Bird: I’ll give you a second.

Morris: Okay, so… get in here and look, scroll down through it here. It’s, like, a 40-page document. This… this is that same document I sent you guys after the last meeting. It’s kind of the How to Fill out the Report, the RSA-15…

Bird: Well, you should know that more than us. You’re the ones that fill it out.

Morris: Yeah. No. I just don’t have it memorized, is my point. [Talking under his breath while searching.] All right, so… “Amount beginning…” Okay, that’s not the one. Funds distributed to vendors, other funds. Okay. “Enter…” This is instructions on how to plug it in. So it says, “Enter by source of funds the total of all funds expended during the federal fiscal year, figures in line 5, column 2, 3 and 4 should be equal to the figures in section 4 line 12, Jesus, and column 6, 3 and 4, respectively.

[00:27:24]

Bird: So it is an expenditure.

Morris: [Inaudible]

Bird: Them funds were removed from our set-aside.

Morris: No, Jerry, they’re… they’re other funds.

Bird: No.

Morris: If it was… If it was an expenditure of set-aside it’d be under the set-aside portion of it. Hang on. I want to double-check what it’s saying here about…. Section 4, line 12… 'cause it’s referring to another section.

StevensonA: Eric?

Morris: Yeah?

StevensonA: Okay. You know, just so I can kind of throw something in here, there are other funds that we receive other than set-aside. Last biennium, I believe, and I’m quoting – I don’t know the exact number – but, Jerry, last biennium the state budgeted, I believe it was $38,000 for the biennium for the vending program. And so possibly those other… the other than set-aside would be those funds, the funds that we actually received from the state from our program. I remember it was right around $38,000.

Bird: Art.

StevensonA: Huh?

Bird: But it’s levied set-aside. That means what we pay.

StevensonA: Yeah.

Bird: So it’s under a column that specifies levied… levied set-aside is 11% we each pay.

Morris: Yeah, hang on.

Bird: Have no other funds in there, just our set-aside. And then we receive funds from federal and state, which is probably commissions being paid…

StevensonA: Yeah.

Bird: …that don’t go through a manager. So anyway, Eric, I guess I won’t continue on…. It just looking like… Can you please ask me this? Okay, we had… looks like a total of 106,000 minus eleven, 106,000 total in set-aside by this last biennium. I guess what I’m getting at is, do you agree? Or do you… that our set-aside funds must… can only be spent in five categories, correct?

Morris: That’s correct.

Bird: Okay. And then to spend… and they start out… and they must be voted on by the membership, correct?

Morris: I know there’s some language that talks about that, yeah.

Hauth: Hey, everybody. I’m back. Sorry. Sorry about the…

Bird: Hey, Randy. So, yeah, it’s language that talks about it 'cause they’re our funds, for sure. It’s guaranteed. I mean, you start getting a little grey there. So if we have not… Do you believe you have the authority to spend our funds without… without being voted on by the B.E.C.C. or membership?

Morris: Yeah.

Bird: Under what authority?

Morris: 'Cause I can spend it under those five categories, Jerry.

Bird: Yeah, but it… it… You can’t. See, Eric, that’s where you’re missing. You think you’re the runner of this…

Hauth: Hey, Jerry?

Bird: B.E.C.C.C. that decides how our set-aside is spent, not the Director. It says nothing about the Director will decide how to spend funds. The only way you can spend any funds without our permission is… is once we use them all up and we… we say we don’t want to use these so here they are in the corner. Then you can use them because we didn’t use them. But…

Hauth: Hey, Jerry? Jerry?

Bird: Yeah.

Hauth: [Inaudible] get back here if I may. You’ve made… You’ve made a couple of good points. Obviously, you know, the work session is supposed to go through and help us understand and ask

questions like you’re doing. And, Eric, what I will share with you is, during the last meeting I… First of all, thank you for responding and providing us some clarity to some of the questions. However, I asked you specifically about that 11,000 – minus 11,000 – and the levied set-aside. And then I also asked you about the 118,000 I believe it is and the federal and state unassigned vending. And so now you come back at this meeting a month later and say you don’t know, you’ll have to check into it. So I think that’s inexcusable, you know…

Morris: Well…

Hauth: …if we’re gonna have these type of… if we’re gonna have these type of meetings and we’re going to try and understand what these are about, I would expect you as the Director to prepare and get that information so we can all understand it. So that’s one thing: I’m disappointed that you didn’t come better prepared. The other thing is, when Art asked you a question and you say you don’t know and then you come back and say you know, that’s troubling too. So I… I hope we can find a way to work together and we’re not going to play games with each other and that you be honest and open with us. And, you know, we’d be the same with you. But we need you to provide us this information. You’re the Director of the program, you sit on public boards, you sit on budget committees. So, you know, I’ve seen the behind-the-work-scenes that you’ve done and, you know, you know… you know what you’re doing. So please come prepared and help us understand this information as we move forward.

Morris: Well, Randy, I… I apologize for not having all of the detail from the last meeting, but I also want to give you some direct and honest feedback that you also didn’t say, “Hey, I want you to go line by line by line through the RSA-15 report” for the last meeting, so I was doing the best I could to go through each item and take notes at the same time. So if I missed something in that process, I apologize. And I’ll get you the answers. But this whole, “Hey…” You know, I sent you guys the report last week and had heard nothing about the Director’s Report since. So if I’ve missed something, it seems to me that in the transparency world, you would’ve said, “Eric, you know, you forgot this $118,000 thing in here. Please let me know what it is.” ‘Cause you guys aren’t shy about sending emails. So, you know, don’t… I’m happy to get you the information. I just can’t necessarily keep all of the detail all of the time plus read all the stuff…

Hauth: Well, and…

Morris: …review it and have debates about it.

Hauth: Well, thank you, Eric. And that is one reason that maybe you should have somebody assist you in a meeting. Maybe you should have Kathy Ewing, the training specialist, sit there and help you and assist and take notes because what’s happening is…

Morris: Is there some reason you didn’t just email me, Randy? Is there some reason you didn’t do that?

Hauth: Well, because we asked you earlier and you said you’re in a meeting, you were gonna respond to it.

Morris: But you read my report last week, right?

Hauth: Anyway, you know, I’m not gonna go back and forth with you…

Morris: Yeah, fine.

Hauth: … I just would encourage you to be prepared.

Morris: Sure.

Hauth: Anyway…

Morris: And with Art’s comment about talking to Jesse a few weeks ago, I… If I don’t remember something, I will tell you, “I don’t remember.” But if, in the course of a conversation, I say, “Well, hey, that’s starting to sound familiar now” I will also come back and say, “I do remember.” ‘Cause I don’t want to seem like I’m being duplicit.

Hauth: Well, it sounded… it sounded to me, and probably many others on the line, that you weren’t being as forthcoming as you could’ve been because, you know, I think you’re a smart person and I don’t think you would’ve forgotten a conversation like that from just a week ago. But maybe you… maybe you did. But, anyway, let’s go ahead and… again, you know, we’re in this together. Let’s try and work together and move forward. And there are gonna be some tough conversations like this. We need to know why the agency is stockpiling the set-aside, the unassigned vending that they identify. It’s gone up $75,000 in the last year. So, you know, that’s a concern. But, anyway, if we can all kind of move forward and go through the next topic or two, that’d be great. Unless anybody else has any questions of Eric. And also, I do want to give an opportunity for anybody on the line who I didn’t call on to identify themselves, including guests and public. Is there anybody on the line that would like to be acknowledged? [Silence.] Okay, is there any…

Bird: Randy, I… I still got one more question before I move on.

Hauth: Yes, Jerry.

Bird: Which is directly to Eric. Now, I just discussed about asking you what authority do you believe you have to spend our set-aside how you see fit. So what I’m asking, Eric, is to provide me with your authority under the rules of our program, where it gives you that authority that trumps our… what we want to do. So all I’m asking you is, where does it say…? I can… I can show you where it says we’re supposed to. But I need you to show me in our handbook, 2011 handbook, where it states that… that the Director will have the right to decide how set-aside’s spent. If you would send that to me or if you don’t have it, please send me an email and say it don’t exist. And if you have it, let’s get it out here so we can discuss it. Thank you.

StevensonD: This is Derrick.

Bird: Did you want me to email you…

Hauth: Yeah, Derrick.

Bird: … that question?

Hauth: Go ahead, Derrick.

Morris: Yeah, Jerry, why don’t you email that to me. That’d be great. I’m trying to write a note down, though.

StevensonA: Um…

Hauth: Derrick, go ahead.

StevensonD: All right. Well, my main concern is the fact that… that Eric says he doesn’t really have much to do when filling this… this out and that it’s all left to the accounting department. I’m not quite sure, based on how great of an accounting department we've had in the past, that… that they should be sitting down and doing it themselves, without any kind of guidance or… or whatever from the Director. And… and what… what… what kind of things do we have in place to make sure that this information is even close to being correct? ‘Cause there’s been some huge mistakes by accounting in the past and I… I really think that, as the Director, you should be sitting in and taking part in filling out all that paperwork so that… for… for one, to double-check that things are getting done right. And, for two, it just seems to me, if you’re taking part in filling out the report, that you’ll be a lot more knowledgeable about the stuff that’s going into it.

Morris: Well, Derrick…

Hauth: Thank you, Derrick.

StevensonD: …makes sense.

Morris: I can… I can speak to that a little bit.

StevensonD: Okay.

[00:39:04]

Morris: So, the RSA-15 report, till I got here, was being done completely by accounting. And, yeah. So, when I got here, our case management system does a, for lack of a better way to say it, a draft version of the RSA-15 report. So System 7 will generate some of the detail, all of the details around, like, the financial details that are based on your guys’ monthly reports. System 7 compiles those and then builds a draft version of the report and I give that to accounting. So, you know, I go through and make sure it’s calculating how many… how many vendors we have… excuse me, licensed blind managers, stuff like that to make sure, in the beginning, that the data from the stuff that I can check without actually having to hand key in what all of the, you know, top line sales and stuff like that would be. So it gives them a point to start from and start to fill in these different categories and line items and stuff like that. So, I’m involved in the beginning. As we get towards the end of it I go through and review it. I don’t sit here and crunch a lot of the numbers. I’ll be totally honest about that. But I am involved.

Hauth: Okay. Thank you, Eric. Are there any other questions? [Silence.] Okay.

Bird: Jerry. I just have a question that it seems like it’s definitely our set-aside expenses that are dwindling and being spent is not one of your priorities. You kind of let them handle it. But I believe it’s one of ours, that we need to get priority on, so we can start using our money as we… for our benefits and to support the blind licensed vendors, what this program’s about. Thanks.

Hauth: Yeah. Yeah, thank you, Jerry. Hey, Eric, before we move on, I know… just so you know, I wanted to… wanted to take about 45 to 50 minutes to go over, you know, a section of the RSA-15 report and then we’ll go on to the other business. And hopefully we can do this, you know, each… each meeting or once a month or however it works out. But I think – and, Jerry, correct me if I’m wrong – but I think Jerry’s point is a valid point; is, lookit, there’s five purposes that set-aside can be spent on. How is that decision being made? That you as the Director just decide that you spend these through managerial services, right? Because there’s… or replacement of equipment. You know, there’s benefits it could be spent on and there’s fair minimum return. And so I think that’s Jerry’s point, is how are you making this

decision without the Elected Committee. And I think that ties right into the unassigned vending that you guys are, I believe, pilfering. It might be kind of a hard word, but it goes against the law for the agency to close down locations and bring in vending and, again, it’s against the intent of the program. So, I think that – and, again, you’re doing that without the Elected Committee, just kind of unilaterally. And so I think those are the points that I hope you consider. And, you know, Jerry, correct me if I’m wrong, but I believe that’s what you were also addressing. So. Anyway, with that said, Eric, if you could… if you could go over a few other lines for… with us, I’d appreciate it.

Morris: Sure. Hang on one sec. All right. Oh, just to double back for a second, so the point I was trying to make about… I think… I think Jerry’s right on this whole calculation thing here... Ah! Hang on one second. [To his computer] Do not crash this program. Thank you. So my… Hang on one second. So the line I was looking at for the 141,803 line – and you’re going to have to bear with me for a moment ‘cause my program just crashed, the whole program just crashed. If you look above… Come on. If you look above at the next… the previous section of the RSA-15 report, it… it breaks down what’s being spent by category under set-aside: federal, non-federal, set-aside. And then, if I could ever get back to the form I could read it. In that category, the 141,803 category adds up to the category of set-aside. So… and then the five purposes, or four purposes, it’s being spent under… So, where is that at? I’m sorry my program crashed so I’m trying to get it pulled back up here. So I apologize for that.

Bird: Yeah, I’m looking at where you’re saying, Eric, and I can see that. It’s program expenditures by source of funds.

Morris: Yeah, and it… the math…

Bird: Tell me when you get it, but I’ll go through it. Vending machine income on federal, here’s how much you spent on new equipment: zero. Vending machine income on non-federal, you spent zero on new equipment. Now, out of our set-aside we paid you spent 37,000. Okay. That’s on purchase of new equipment. Now, here – maintenance and equipment – which, you know, 47,000, zero out of federal, zero out of state. Our set-aside… And then the next is replacement of equipment: 42,000, nothing out of federal, nothing out of state. Refurbished facilities: 2,688. Now here’s the good one, another good one – management services: $12,000 out of management services. Seems awful high. But zero on federal, zero on state. Sick pay, there was returned… retirement, fair minimum wage: nobody… didn’t spend a dime out of anything. Retirement pension program: we didn’t spend a dime. Health insurance programs: not a dime. Paid sick leave, vacation time: not a dime.

Morris: I gotta [inaudible].

Bird: And supplies: okay, nothing. All other expenditures: nothing. But, once again, that ends up 141,000 that you guys spent for your own… purchasing equipment, for maintenance of equipment, you know. So, once again, it clearly shows that I don’t know where the state and federal money is. I mean, it looks like to me, if you look at this [inaudible], our set 11% runs this program.

Morris: I… I… I think it does, Jerry.

Bird: And we have no…

StevensonA: Jerry?

Bird: …benefits. Thanks.

StevensonA: Hey, Jerry?

Bird: What?

StevensonA: Just so you know, we – and this is a definite – we’re paying for at least… well, over the years we’re paying for over 80… we, the managers, are paying for over 80% of the program. And you’re absolutely correct on that. And… and there is no dispute about it because the numbers are there. The two things that aren’t happening is that we aren’t participating in the decision; the Elected Committee is not participating in the decision-making process of how the set-aside is being… is and should be spent, which we’re supposed to do. We’re supposed to set down with the agency, the Elected Committee, and… and pound out a budget, justify the set-aside, and okay it in according with federal law. That… That definitely is not being done. And then, number five on the expenditures is where everybody gets to vote on the vending machine income. The first four, the Elected Committee is supposed to work in concert with the agency and do that. And you are absolutely correct; we are paying for most of the program. And the State of Oregon and matching funds and all that other stuff is not being spent on that, we are. So that’s… that’s the whole thing in a nutshell. The thing that needs to occur, which is why we set up the Budget Committee, is that we’re supposed to be involved in that process, by law. And then… And then we’re supposed to justify it also to the Secretary of RSA that the money is being spent on the things that… that we want it to be spent on. [Silence.] I think we can move on now, Mr. Chairman.

Hauth: All right. Eric, what’s next on the line there? The next line item?

Morris: Line 6… VI, which is 6: Number of Sites Surveyed. Do you want to dive into this or do we want to save this for the next starting point?

Hauth: What do you… What do you guys think?

Bird: I got questions. I think this is one of our good ones here.

Hauth: Well, let’s go ahead and spend… let’s go ahead and spend to the top of the hour on this. Maybe that’s another ten minutes or so, I’m not sure. But then we’ll move on. So. Go ahead, Jerry.

Bird: Okay. Okay. I see here, Eric, that number of sites surveyed during the…

StevensonA: [Inaudible]

Bird: …during the reported year, federal was 3, non-federal was 30. We surveyed 33 places. Okay, number of sites accepted, under the federal, one out of three; 16 out of the 30. So that’s 17 we apparently got denied. And then it just goes on down to where… number of sites pending. They got 16 of them pending. I don’t how long they’re gonna be pending, depending on if Art Marshall goes after them or not. I don’t know. And then we got the [inaudible] sites. So I think what this shows, if we all look at these numbers is… In fact, about four years ago he went and done, like, 160 surveys, which I believe… I don’t even… But we never see these surveys. I don’t know if they’re written. So I would like to know, Eric, that why was that many turned down and did… and where… Could you provide us with them written surveys of denying our offer? Because, you know, as you know, if they deny it then we got a chance to tell them, you know, that it’s not illegal or anything. So did you guys just, when they denied you, did you just walk away or did you ask them for a written reason for the denial?

Morris: Well, normally…

Bird: Thank you.

Morris: Sorry.

Bird: No, that’s it. Go ahead. Answer that one.

Morris: Normally what happens, Jerry, when we’re working with an agency and they say, “Hey, we’re not doing… we’re not doing what you want to do, you know. We’re not going to do the vending thing.” They put that in writing back to us, normally. So…

Bird: Well, normally, it’s gotta be its shell. So can you provide us with those written reasons on each one of these we were denied so we can review them?

Morris: I would hope that I’d be able to do that. It’d be a project to go back and pull it all up.

Bird: Well, I don’t know, Eric. It seems like, when there’s a little too much work you don’t want to do it because this is important stuff. We need to start… We need to start managing you guys to make sure you’re not… you’re going out and doing surveys and then [inaudible] even doing them. Surveys got to be a written survey, unless they already have vending machine. So we need to see… there’s supposed to be a form; Art Marshall is supposed to be actively going out, doing surveys and surveys are written. So you should be able to get those right from Mr. Marshall and then he should have the survey that he done and the request. You got to… You got make them an offer, tell them we want it, and then they respond. So it’s a very simple process. But, apparently, I don’t think it’s happened right. I think figures are just getting thrown in here ‘cause I haven’t seen any new units. So…

Hauth: Yeah, Eric. Eric? If you could… If you could… If you could respond, you know, if you could take a few minutes and just respond. ‘Cause I think, honestly, Jerry makes some really valid points. I don’t know that there is… When you say “we,” first of all, I don’t know who you’re talking about. Certainly, the Elected Committee… you should be talking about “we” with the Elected Committee and it doesn’t appear to be that way. So, hopefully, when you start talking about “we” in the future it’ll be with the Elected Committee. But if you could address some of the things that Jerry’s talking about. You know, are there… are there forms you guys do for surveying?

Morris: Yes.

Hauth: And do you have those responses? And where are the locations? And, you know, if you could, it’d be appreciated.

Morris: So when you say “respond,” Randy, do you want me to respond right now? Or do you want me to respond in writing? Or…?

Hauth: No, if you could respond right now…

Morris: Just talk about it. Okay.

Hauth: If there’s any… Yeah. And then, if there’s any more of a follow-up I guess we could request that in writing.

Morris: Okay. So, the site surveys… we have those in our case management system. There is a form… there’s a couple different forms in that survey. There’s, like, a case note form for additional details, there’s a survey, that’s a form that gets filled out. The piece that I… I’m not a 100% on if we have every single “i” dotted and t crossed and “i” dotted is the response from these different agencies. I’m sure we would have it in email form. I… I don’t know if that always gets posted into the survey form itself. I kind

of doubt it. But I know that… that’s how we… that’s how we get these figures from. I… you know, we’re not keeping a tick mark kind of thing. I pull it right out of the case management system to say, you know, to tell me how many surveys are done. And, if I remember correctly, I sent you guys a… an extra attachment with the RSA-15 report that broke it down by location. I’m pretty positive that went out with that Excel spreadsheet because I’d remembered you guys asking about that before, the specificity of the surveys being done. Does that help?

Bird: Yeah, Eric, you did send that out, but… but you’re missing our point. We know they were turned down, or they weren’t. Our concern is our teeth in our program, that they just can’t turn us down. We do have a priority. And… so when… so you guys, if you had that list you sent us, with each one, I mean, you should be able to pull that right up. If you can’t pull up surveys so we can see them, I mean, that’s like running a business and not doing that stuff. You certainly… your whole team could find out if a person didn’t pay $10 in their set-aside five years ago. I mean, you direct all your… at us.

Hauth: Yeah.

Bird: We want to know what you guys are doing, how your books are going, if you’re following our rules. And surveys [inaudible]. So I… I’m real confused that it’s time that… You should be able to throw them right out. Thank you.

Hauth: Eric, I would… I would… I would like to share that, you know, we did see sheet one and there was some questions and concerns on that sheet one. And, like Jerry said, if… if the agency is turning down locations and/or the property is turning down locations, what’s being done about it? And how are those decisions being made? Because, quite honestly, I don’t think I’m the only one on the line that would be concerned that decisions are being made behind the scenes without the active participation of the Committee. And so, as you can see, we’re trying to… we’re trying to encourage active participation and we’re trying to get you to a point where this is all… this is all easy and it’s, you know, and it’s good for everybody. So, you know, it might be some growing pains here but, you know, we’re going to get active participation one way or another. It’s the law and it requires it. So I hope you’ll be a willing partner in that venture. So, you know, it looks like we’re getting to about the top of the hour. Is there any other…

StevensonD: This is Derrick.

Hauth: …questions?

StevensonD: This is Derrick.

Hauth: Hey, Derrick.

[00:57:07]

StevensonD: Yeah. I would just like to ask Eric what… what he actually considers to be a good, valid reason to reject our offers. And what… what would have to happen if they didn’t meet those. [Silence.] Did you understand that, Eric?

Morris: I… I think so, Derrick, to be… But, you know, part of the thing is, if you look at the state statute itself, and this is where… this is where it gets fun, is it says that, you know, agencies can… can… doesn’t say… I’m… don’t quote me… I’m not gonna quote it exactly, but it says that agencies can turn down an offer from us if they… if they don’t have vending. And also, it basically says… it says, hey, they can turn us down. But it doesn’t go on to say, you know, the valid reasons behind why they can get away… besides just not having any vending at all. So that’s when it starts to get fun.

StevensonD: We’re not just… Well, that’s just it. The only… The only reason… The only valid reason they… they can have to… to deny us is to not have vending. And it says that… that in there. I don’t know where you’re finding that it says that they can’t… they don’t have to accept our stuff and they can… they can turn just readily turn us down without any reason. I don’t… I don’t find that anywhere in the law, other, you know… I suppose, if you really, really twisted the fact that they have to submit their reasons in writing… But that, I mean, that’s a far stretch…

Hauth: Yes.

StevensonD: …trying to make that one… that one little sentence means that they have the right to refuse us.

Hauth: Yeah. Thank you, guys. If we can go ahead and move… move forward. And, you know, I guess what Derrick’s saying is the glass can be half full and half empty. We would encourage and hope that our agency sees the glass as half full. Hasn’t been the case, that we’ve seen. But, you know, hopefully that glass will continue to fill up with water and it won’t only be half full but it’ll be completely full. And so, you know, I think that’s what Derrick’s saying. So, you know…

StevensonD: Yeah. What it comes down to is why… why would the legislature go and write these laws to help blind people if they did… if they didn’t bear any weight whatsoever. If the…

Hauth: Yeah. Well, you know…

StevensonD: Why would they…

Hauth: So, hey, you guys, let’s go ahead… let’s go ahead and move on to the next few items. And I do want to apologize again. I’ve been… I’ve been traveling, really gained some great information by visiting some programs, you know, be able to share this with you in the near future. But what I will tell you is that I failed to allow for public comment, even though everybody’s been sharing. Is there anybody that wanted to provide a public comment? [Silence.] Okay, hearing none…

StevensonA: Mr. Chair?

Hauth: Yes. Yes. Go ahead, Art.

StevensonA: Let me… You know, and I appreciate you asking for the public comment, but I want to bring forth to the Elected Committee – as we move through this process, okay, and we’re going through the RSA-15 and there are issues that have come up, you know, with the Elected Committee and stuff – that we clarify, you know, that Eric work with the appropriate committee in resolving some of the issues and the things that are going on. We were just talking about surveys and so the Vending Facilities Development Committee should definitely take that up and… and work on that in between our meetings because we’re supposed to actively participate. And, you know, I’m gonna say that Eric calling up Jesse and talking about the vending machine income issue, you know… or whatever it was talking about, it… it should’ve been in concert with the appropriate persons on the Elected Committee or with the Committee Chair on these issues. And that way, Mr. Chair and Elected Committee members, we’ll actually probably get some very positive things done in between the meetings. And so everybody that, I think, all the… the chairs of the committees are on the line here. And so, in between our next meeting, issues that have come up, they need to be addressed by our committees and work with Eric, you know, in getting answers, getting clarification. And that way we’re gonna be making real progress in… in… in our work. So I just wanted to throw that out to you, Mr. Chair. I… During this discussion I listed several

things that, as the Chair of the Vending Facility Development Committee, I will work on so that we make some real progress as we move forward.

Hauth: Art… Art, I think that’s a great idea, you know. I mean, I think those are great ideas. So, however that needs to happen, obviously these… these forums, no matter how important they are, aren’t’ allowing us to get to the root and work of the matter. So, if there need to be other and additional meetings, more power to the chairs of those committees. I mean, that’s what we need to be doing, right? So, well… well noted. So thank you very much.

StevensonA: Thanks, Randy.

Hauth: Yep. Hey, you guys. So, Director’s Report, so that was on the agenda too. I don’t know if you have… I know you sent out the Director’s Report, Eric, and I’ve looked over it a little bit. I haven’t had a lot of time to look over it so, just to answer your question from earlier, I haven’t really completely and thoroughly looked over your report but I intend to do it. So that’s why I didn’t follow back up with you on the… on the one question. And anyway, so, do you have any Director’s Report that you want to provide? And also, following that, if the membership or Board wants to ask any questions, just acknowledge yourself and we’ll do that. Eric, do you have any report you want [inaudible]?

Morris: No, Randy, I don’t, besides the written one. And I appreciate you saying that, hey, you hadn’t read the whole thing, 'cause it does… You can see, from my perspective, it looks like a little bit of ambush. So I apologize for kind of snapping back on that 'cause I… I tried to do a good job to provide the details ahead of time to everybody 'cause I know that’s what you guys were asking for. And, yeah. So, at this point, I… you know, as submitted and I can answer questions to the best of my ability.

Hauth: Okay. And I do want to…

StevensonA: Mr. Chair?

Hauth: Let me just…

StevensonA: Okay.

Hauth: …say something, before I forget, is that it was brought to my attention also, Jerry Bird, Board member Bird previously asked that the Director’s Report become part of the record somehow. And, you know, following, I think it was Art that asked for the [inaudible] following that, if we can also turn to that discussion. So ahead, Art. I believe it was you.

StevensonA: Well… Am I off mute, Randy?

Hauth: Yes.

StevensonA: Okay. Another resolution here concerning the Director’s Report is us working together like we’re supposed to be doing, the active participation – that’s the reason we set up committees and stuff. We need to have an open line of communication with Eric. We need answers to questions. And we’re not trying to ambush you on everything. What we’re trying to do is actively participate, make your job easier and… and end all the conflict. And so, the more that we work together, the more that you embrace the committees that we’ve set up and… and… the better off we’re gonna be. Nobody wants to ambush you at all. All we want – and, believe me, I’ve been working on trying to have this happen for 30 years and… and it seems that the agency doesn’t want to cooperate and then we have all these issues. If we work together in collaboration, we have the open transparency and… and all those kind of things, all

this… al this garbage is gonna end and we’re gonna have a better program for it. So the agency needs to embrace active participation. I believe the agency… and… and so that we can build up trust and… and… and we’re all… we’re all doing what we’re supposed to do. And then we have less controversy, and then we have less complaints, and… and then we have a program like some of the other states, like in Alabama, where you don’t have that stuff going on. And so, I read your Director’s Report. I believe… you know, I didn’t like some of the answers, but I do believe that you need to embrace active participation, our committees, and work collaboratively together and then all this animosity and stuff is gonna end. We’re gonna…

Hauth: Hey, Art?

StevensonA: …not gonna be perfect. Anyway, so… that’s… that’s my comment about the Director's Report. If we work together it’s going to make everything a lot easier. Thanks.

[01:08:25]

Hauth: Thank you, Art. Yep. Well noted.

Bird: I got one question about…

Hauth: Yeah, Jerry, go ahead.

Bird: Just since we’re talking the Director business stuff, I know we asked… I know months ago or something that this Committee voted and passed that they continue to go after the Chemeketa… Can you give me an update, where you are on that, Eric?

Morris: On Chemeketa Community College, right? Obviously.

Bird: Yeah.

Morris: I’m just trying to think back to the last conversation we had about that. And I sent you guys communication about what Chemeketa had told us, that they, you know, they didn’t want… they didn’t want to do vending with us and that they were going to issue an RFP. And that’s the last place that… I’m just trying to think real quick. And so I know Art had asked, Art Stevenson had asked had we completed a survey and my response was no because we all knew that, hey, it’s a… it’s someplace we want and so I directed Art Marshall, and I need to follow back up with him to make sure he went out… 'cause I told him, I said, “Well, we should probably go back out and do a survey, an updated survey, 'cause I haven’t been to Chemeketa in a while and probably nobody else has. So that’s where we’re at with it right this second.

Hauth: Okay. Any follow-up questions, Jerry? Or any other questions from the Board members before… before we move on?

Bird: I’d just like…

StevensonA: Mr. Chair?

Bird: Well, let me finish, Art, then you go.

Hauth: Go ahead, Jerry.

Bird: I’d just like to say that I hope that… I’m not gonna say a whole lot about my case but it was a big thing they actually give us what we wanted: to know how these things work, if they had a better offer was their thing or if we had to pay commission. Sounds like, Eric, you’re still saying that they had the right to not use us. ‘Cause that’s what they said, “If the laws haven’t changed, then go away.” But I just want to, I don’t know, not… not warn you but… but let you know that, you know, you guys, I hope you start… quit continuing using that term, them terms that they have that, so you don’t, you know, I don’t know, get yourself in any other problem. But anyway, I believe you’re gonna see that it’s gonna be done more proper. And it’s pretty clear that… how… how it is, so I just caution you to…

Hauth: Thank you, Jerry.

Morris: I got you… I got you, Jerry. No problem.

Hauth: Thank you, Jerry. Art? [Silence.] Art, you’re on mute.

StevensonA: Am I off mute?

Hauth: Yep, you are.

StevensonA: Okay. So… So, Eric, I appreciate hearing what you’re saying, that, you know, the emails that I sent out and the discussions that we have, that you’re probably going to make another survey, which… which I think is… is a very, very good idea. But, you know, I am the Chair of the Vending Facility Development Committee and, obviously, there are some issues there. And so I would request, and you can think about it for a day or so and then get back to me, but I believe – and I’ve been doing this for 30 years and I remember the problems we were having with the State Hospital – and, all of a sudden, when we had a face-to-face meeting with the Director of the program and with the blind… a member of the Elected Committee, and also the manager of that location then, all of a sudden, things started working out a lot better. So I… I want you to think about this, Eric, but I believe it’s about time that OCB stepped up to the plate, along with a member of the Elected Committee and the Chair of the Vending Facility Development Committee and we have a meeting with these people to discuss what’s going on, but also lay out the fact that we can provide quality, quantity and price and we get preference. And… And then if they want to continue with it… but then we have on the record that they understand where we’re coming from and where we’re gonna be going if they don’t assign this location to us under our preference. ‘Cause you know and I know that we can provide quality, quantity and price. So I’m… I’m done with that and we can move on.

Hauth: All right. Thank you, Art. Any other comments or questions of Director Morris? [Silence.] Any other questions before we move on?

StevensonD: This is Derrick.

Hauth: Derrick.

StevensonD: Yeah, I just… I just… it just confuses me to… to the fact that the Commission for the Blind doesn’t take any kind of stance at all towards these… these people that… that say they’re gonna put out RFPs and… and that we have to… we have to compete against better offers and stuff like that. I mean, as long… as long as OCB doesn’t take a stand, we’re just gonna get walked over. There… There has to be a system in place that when someone says, “Hey, we don’t want you here, we’re putting it out for an RFP” that you’re supposed to respond and say, “No, you don’t have a right to do that. This is what the law says and this is… this is what you must do.” I mean, why does the Commission always want to fight the

blind vendors? It never wants to stand up for the laws that were written for us and just let these people walk all over them?

Jackson: Thank you, Derrick, for saying that. Thank you.

Hauth: Yep. Well, silence is golden or bliss…

Morris: What… Was that… Was that a question for me?

Hauth: …that there’s certainly a concern.

StevensonD: No I was just… It was just…

Morris: Okay.

StevensonD: …basically a statement that I think…

Hauth: Sure.

StevensonD: …you need to do a better job.

Morris: Well, I think… You know, the thing to think about with Chemeketa – and I… I wasn’t here with Chemeketa, when all… all of it happened originally – but my understanding was the agency took Chemeketa to court to null and void what they were doing with the whole circumstance. So there was a lot of, you know, back… and you guys were all here when that happened, not… you know, I wasn’t. So…

Hauth: Yeah.

Morris: …I think that’s the… I totally understand where the blind, you know, the agency, and the Elected Committee, and the blind managers, we all have the perspective of, you know, there’s a preference, or on federal there’s a priority. But you gotta realize, on the flip side of things, these guys have… these guys interpret things differently. So, not that I agree with it in any way, shape or form, but when an attorney, not necessarily their attorney, but when my attorney’s telling me, “Hey, this is… this is what you guys have, you know, a stick to be able to accomplish” then that’s… that’s the paradigm.

Hauth: Yeah. Hey, Eric, I would just… I would just share with you, nothing personal, if it were my mother in your position or my mother in Executive Director Johnson’s position, you guys are not doing your job. You haven’t done your job. You haven’t protected the program. You’re not being transparent. You’re not being open and honest, from my perspective. And that’s what’s caused most of the problems. And, you know, you do, you know, it’s just gonna be… it’s just gonna be a fight. So, hopefully we can find a way that, instead of you making excuses for these organizations, you know, you take the sword against them and you support the glass being, you know, all the way full and you put people to work and you don’t abscond people’s vending incomes and start siphoning off locations. You know, so, again, nothing personal, either one of you. I think you’re both great people, but I would say that to my mother in that position, in my opinion you guys have not done your job properly. So…

Jackson: Randy, could I say something? Steve Jackson.

StevensonD: I just got one more.

Hauth: Yeah, Derrick, go ahead.

StevensonD: Yeah, I… my… my stance right now is, hearing that… that Eric acknowledges that we took them to task and we actually won, that he would… he would dig that out of the archives and say, “Look, this is what happened when we took you to court on this. You lost this battle.” What…

Jackson: Yeah.

StevensonD: …you know, how… how can they… can they now say that that never took place? We already took them to task. We need to remind them, “Hey, this is… we already… we already went to court on this and you lost, so why are you trying to fight us again?”

Morris: But…

Hauth: Thank you, Derrick. I think Steve wanted to join in.

Jackson: Steve Jackson. Yes.

Hauth: We need to move…

Jackson: Yeah. Thank you.

Hauth: …need to move on. Steve, go ahead.

Jackson: Quickly… Quickly, I would just like to say that I agree with Derrick and I… and I would like to say directly to Eric and his whole staff that we need to not give up the fight and go after these buildings, even if they don’t know the law. Because, just like at the BPA, they did not understand the law and we talked to their attorneys and then we got to contract because they looked into it. And so I think we just are, you know, all of us, all managers are trying to ask the agency to step up and just go to bat for us. Please. And that… that’s really what we’re saying.

Hauth: All right. Well, thank you. Thank you, Steve. We need to move on…

Bird: One thing, Randy, if I could say, and the thing is, Eric, we now have a federal judge ruling. That’s more than anybody. They’ve ruled on it. I don’t know why you guys would want to try to fight that. That’s gonna help us all out. But when you talk about an AG’s or AG’s Opinions, it states about them, that’s what they are, an opinion, they’re not binding. But we’ve got a ruling from a federal judge that took six-eight months to go through this and she’s very clear that the… your AG has it wrong. So I don’t know how you’re gonna get them to pay you back or not, but you guys need to embrace that and… and show them that we have this. You can use that against everybody, that we have a federal ruling. Go ahead and start using your teeth. Thank you.

Hauth: Thank you, Jerry. Thank you, Jerry. Did you want to respond to that, Eric?

[01:19:59]

Morris: No, I… Randy, I don’t, 'cause it’s… it’s currently pending litigation so, no.

Hauth: Okay. Okay. I think somebody else is off of mute. If you guys would just double-check and make sure your phone is [inaudible]. So, listen you guys, we have some action items down the line here. But I’m talking about the subcommittees and, you know, unless… unless I… unless I haven’t been provided information, I don’t believe that there’s been much of anything going on with subcommittees. And, like

Art eloquently stated earlier, there need to be. So, I don’t know if any of the subcommittee chairs want to give an update or a report before we move on, but… but, please do if you so feel inclined.

Jaynes: Randy, this is Lin.

Hauth: Yes. Hi, Lin.

Jaynes: Hi. Hello, everyone. I really don’t have anything to add for the Elected Committee other than what I’ve already submitted to them, so…

Hauth: Sure.

Jaynes: …on my end, that is where I’m at.

Hauth: Yeah. Yeah, thank you, Lin. I will say that, you know, Eric, again, thank you for providing the information that was requested from you. I do know that it prompted some questions, as far as travel being paid for Tom Pileggi and Kathy Ewing and... and others. There's some questions when it talks about, I think there was about $48,000 in travel that was identified. I think 36 went to staff. It looks like you guys are eating like kings out there on the road. [Chuckles.] I don’t know, but it was kind of concerning when I saw the… the amount of travel that was being provided to staff out of our budget. And then the restrictions that are being put on managers for not being able to be provided, you know, travel and training and so forth and so on. But, again, thank you for providing it, but I know down the line there’s some questions. I think there was, like, a plaque provided to Salvador that looked like it showed up under manager training and that. But I think we’ll work through that as we go forward. And yeah, again, Art’s right, we need, you know, we need more specific meetings for those subcommittees. So are there any other…? Jerry, Derrick, is there anything else you want to say about the subcommittee meetings, or…

StevensonA: Randy?

Hauth: …have any ideas before we move forward?

StevensonD: Yeah. Am I off mute?

Hauth: Yes, Derrick.

StevensonD: Yeah. I’m trying to work out getting the dates for… for In-service. But I don’t really know what everyone’s travel plans are and I was wondering if we could maybe take a minute and discuss when we wanted to have… to have that occur, so that… so that I could get with Kathy and… and…

Hauth: Sure.

StevensonD: …give her the dates so we could start working on…

Hauth: Yeah, Derrick, let me… let me share with you. Now, Lewanda said she was going to help you if you wanted some assistance. I don’t know if that’s happened yet, but… And I know…

StevensonD: Yeah, actually, I think Lewanda… Lewanda’s on my committee. Kelly showed a wish to be on my committee, and Cathy Gerlitz is going to be on my committee. So, I’m thinking…

Huath: Okay.

StevensonD: …those three ladies are pretty good about getting this kind of stuff organized and… and stuff. So they’re gonna… they’re gonna…

Hauth: Okay.

StevensonD: …help me out. The big problem is, we don’t have any way of meeting all together at the same time and that kind of makes it hard for committees to get… get together. So I don’t know if we can come up with some kind of toll-free thing that… that we can use to have our meetings, so that we can plan things out better.

Hauth: Well, I’ll tell you what, I know that I have a number that you can use. So…

StevensonD: Okay.

Hauth: …if you, you know, want to do that, feel free to let me know. You can do that. I do also want to share that we reached out to Terry Smith… Eric, I have a question for you. Two-three weeks back, when we met with the Governor’s Office and Alyssa Keny-Guyer, I asked Dacia Johnson if the agency was contracted with NABM and NFBEI and she said no. Is that accurate?

Morris: Yes.

Hauth: You guys aren’t contracted with them?

Morris: No. It’s not a contract.

Hauth: So… so what is it?

Morris: It’s a subscription service.

Hauth: So, do you pay them for a service?

Morris: Yeah.

Hauth: And there’s a written instrument?

Morris: Not a contract.

Hauth: Is there a written instrument that provides what the NFBEI will provide for the payment?

Morris: I… Sure. I… Yeah, there’s… there’s, like, an invoice…

Hauth: Yeah, I believe… Just for the record, I believe that was very – again, when we talk about being transparent, open and honest – I believe that was not very… not very professional of Miss Johnson, not to either acknowledge and/or clarify. But, with that being said, I support NFBEI and Terry Smith and NABM. And we’ve – Derrick, just so you know – I talked a little bit with Terry Smith about coming and providing training and I don’t know if that’s something you’re interested in doing or not. But you had talked about… you had talked about a date for the In-service and, I guess, does it have to be in spring? Anyway… hold on.

StevensonD: Well, I would think that… that spring since, I mean, we don’t want to have it in August and then have our fall In-service two months later. You know, these things take time… time to get done. I think, you know, if we can do it before the end of May, I would say that would probably be the longest we’d want to put it off.

Morris: Hey, Derrick, just… just so you…

Hauth: So how can we… how can we help you? What do we need to do right now?

StevensonD: Well, I… What did you have to say, Eric?

Morris: I was just gonna say two things, Derrick: Kathy can help with, like, phone conference lines, too. We can use this one if you want, just let her know.

StevensonD: Okay.

Morris: And then, I think in the past we’ve either emailed out to people or done like a doodle poll, which is, like, you know, what dates are you available and you kind of check it off. So there’s some different mechanisms for trying to coordinate large groups like that. I know it’s a difficult chore. So, just let us know.

StevensonA: Mr. Chair?

Hauth: Yes, Art.

StevensonA: Okay, I would suggest, and I’ll even make a motion, okay, that Derrick… Derrick was saying May and… and I’d make a motion that we do do that; we do our In-service in the month of May.

Hauth: So, if we need a motion, a motion’s been made. I mean, that’s fine. I’ll accept the motion, if we need one. Motion’s been made. Do we have a second? [Silence.]

StevensonD: Well, I… I have a second, but do we, you know… do we want to do it…

Hauth: Right.

StevensonD: …like the first weekend of May or which… which date? I guess we should ask Eric what dates he’s available in May.

Hauth: So a motion and a second have been made. Now we’re open for discussion. So, Eric, what’s available for you?

Morris: Right now my work calendar looks pretty good. I don’t have my personal calendar in front of me to see what else is going on 'cause, you know, like most people, I try to plan things on weekends. The 14th is a Sunday, it’s Mother’s Day, just FYI. Some people pay attention to that. And Memorial Day is the 29th, which is the last weekend in May, or not the last but the second-to-the-last, that’s the 27 th through the 29th is Memorial Day. So, yeah, I’d have to look.

[01:29:05]

StevensonD: Well, we’re thinking the 6th and 7th. Is that what the dates?

Morris: That’s the first full weekend in May, yes.

StevensonD: Does anybody object to that that’s on the phone? [Silence.] Well, I’d say then we… if I’d like to add a friendly amendment and have the In-service on the 6th and 7th, or 5th, 6th and 7th.

Hauth: So a friendly amendment has been made. Do you accept that friendly amendment, Art? [Silence.] Art?

StevensonA: Am I off mute?

Hauth: You are.

Jaynes: Yes.

StevensonA: Okay. Yeah, that’s fine, Randy. I mean, we don’t have a lot of the managers on the phone and… and I would, you know, send out a quick email and… and, you know, tentatively say the 6 th and 7th. But, you know, right now, I think if we keep the motion at… and I’ll accept… I’ll accept the friendly amendment that it be one of the first three weekends, because I… I don’t want to see it Memorial weekend, obviously. And then… And then, let the committee do their work but at least, you know…

Hauth: Are you okay with that, Derrick?

Morris: Yeah, I just… I’d want…

StevensonD: [Inaudible.]

Morris: Oh, sorry. You weren’t talking to me.

Hauth: Derrick.

StevensonD: Well, actually, we don’t want to do it on Memorial Day and we certainly… I don’t want to explain to my wife why I’m… why I’m going out of town on Mother’s Day. So I’d say we have, like, two weekends to choose from.

StevensonA: Okay.

StevensonD: The 6th and 7th and what’s that, like, the 20th and the 21st?

Morris: Uh, yeah.

StevensonA: But… Okay. So I’ll accept…

Hauth: Okay.

StevensonA: I’ll accept the friendly amendment that we do it in one of the two first weekends in May and then… and then… and then get some manager input if they want to give input but do it right away and then make the decision.

Hauth: Yeah. Good… Good idea. Derrick, you’d accept that, I take?

StevensonD: Yep.

Hauth: Okay. So a friendly amendment’s been made, a second. Let’s call for a vote. Do we have a yay or nay, signify by. Derrick Stevenson.

StevensonD: Yay.

Hauth: Art Stevenson.

StevensonA: Yay.

Hauth: Jerry Bird.

Bird: Yay.

Hauth: Steve Jackson.

Jackson: Yay.

Hauth: Art Steve… Steve Gordon. Yeah, Steve Gordon.

Gordon: Yay.

Hauth: And myself, yay, so motion passes. I just want to add in there that Terry Smith did say, if the agency will pay for him to attend our training. So, you know, Derrick just consider that. I… you know, we had talked about Terry coming and maybe helping the Committee craft more concise motions and/or get to the root of making this program better. So, you know, if that’s something you guys are interested in doing, wanted to let you know that. So, anyway… so, moving right along… before I before I move along.

StevensonD: I just got one more thing.

Hauth: Go ahead.

StevensonD: Okay. So we’re gonna… we’re gonna have it in May. Is the consensus that we want to hold that in Salem? Or…?

Hauth: What’s that, Derrick? I’m sorry.

StevensonD: We want to hold it in Salem, like, there’s been a lot of talks that we might want to hold it in Salem this year, versus having it in Portland.

Hauth: Yeah. Let me just share with you my thoughts. I suggest you and the committee find a… find a place that’s, you know, amenable for us to go. And, you know, we’ve been… I mean I don’t know all [inaudible], wherever it is but I think… I think part of the In-service is also the environment. It’s not necessarily just the business, it’s also the networking and social, you know, activities. So, whatever anybody else thinks, I’m not sure, but I’ll go wherever the…

StevensonD: All right. That sounds good to me.

Hauth: Yeah. Okay. So, moving right along, Edith… Edith Green. I don’t know if Cathy Dominique… well, no Cathy’s not on the line. I think under Old Business we have Edith Green. And, Eric, can you give us an update on the Edith Green situation? What’s going on with that?

Morris: Yeah. Yeah, I can, Randy. I talked to Cathy, um, last week? Yeah. And we talked to… about how things are going for her and what things are looking like for her timelines and in the meantime we’re going about getting the equipment purchased… equipment purchased for the location and we’re just kind of clicking along. So the next steps are to get backgrounds done 'cause GSA… I’m not sure how much everybody’s familiar with the federal government’s process, but it’s super complicated to get basic clearances to get in and out of the building so we need to get that piece of it rolling with Cathy. And, yeah, we’re just kind of clicking along.

Hauth: Has…

StevensonD: What kind of equipment are we purchasing?

[01:35:13]

Morris: So, there’s about… I’m trying to remember right off the top of my head. So what… The GSA had provided some really basic stuff – you know, some reach-in coolers and stuff like that. The operator that was in there made an offer to sell the merch… not the merchandise, but the equipment that they have in place. And I… it was a big, long list of equipment that we’re purchasing from them, at a… at a really good, significant discount. And I just don’t have it memorized about exactly what we’re getting. But that’s the piece in the changeover is that, you know, they’ve installed all this equipment that they own, so we’re trying to get that taken care of so that we can continue the operation running. We’re gonna be purchasing an espresso machine for that location, because that’s a need that, I think, will help generate a lot of income 'cause they don’t have that right now. So, yeah.

StevensonD: Okay. So, GSA… We’re buying from GSA or…

Morris: No.

StevensonD: …are we buying it from…

Morris: I’m sorry for…

StevensonD: …they didn’t supply anything?

Morris: No, GSA provided very minimal stuff. And so, the stuff we’re getting from LunchStop, who is the… the parent corp of the people that they put in there during the… when the GSA did their thing. They have a… some small wares that they wanted to offer to us and some bigger stuff. I believe there was a cooler or a freezer in there, and some other stuff like that.

Hauth: Okay. Thank you.

StevensonD: [Inaudible.]

Hauth: Thanks, Eric. Hey, Eric, so have there been notice given yet? Or what’s the plan on the notice?

Morris: So… So what I did when I talked to Cathy the other day, we talked about – you know, and I don’t want to go into too much detail, 'cause it’s kind of, you know, personal stuff for her, just coming back –

you know, once she’s back and up to full speed and we can put a plan together to have a good idea of when we can give notice to them so that there’s a smooth transition. That’s what we talked about the other day. And so, we haven’t given notice to the… the subcontractor/current operator but, as soon as we get a good timeline in place with Cathy and she’s comfortable, you know, taking over, then we’ll do that.

Hauth: Okay. Thank you. Hey, you know, this isn’t… this isn’t a “gotcha moment,” but I would like… I would like you to be able to share with me: prior to our meeting, last meeting, where we encouraged the agency to, you know, get Cathy in there and work with Cathy, I had submitted a request to run it temporarily, until there was a licensed blind vendor. And, everything I can see, is that my request was completely ignored and you signed an agreement with the current people to operate it. Help me understand that… that frame of thought there, you know.

Morris: I… I don’t know how I can help you understand… I… I…

Hauth: I was a blind vendor. I was a blind person. I was available…

Morris: Sure.

Hauth: …and I requested to run it temporarily, qualified, and compliance with the program. And then you, apparently, without even any acknowledgment, signed an agreement with the sighted company that was running it, who’s going to be replaced by Cathy. And great, that’s what the program did. But why wouldn’t it have been okay, you know, for me to run in there, or anybody else who wanted to, to run it until, you know, a qualified blind person came available. I guess that’s what I’m… you know.

Morris: Yeah, and Randy, I don’t have a great, super detailed explanation. It just doesn’t seem logical to do it that way, so that’s why I proceeded the way I did.

Hauth: Okay. Any other questions? [Silence.] Any other questions of Morris, uh… Eric Morris, before we move forward? Okay.

Bird: I got a question. Just… I don’t know if we’re gonna get the time to ask this, but I figure I’ll throw it in now. We made a motion a while back that we will… for, like, In-service… I mean, out-of-state conferences, that we will… we will pay them out of set-aside and that. What ever become of that? Is that…? Would we need to continue doing that so we all can know where we stand?

Morris: So, Jerry, I… I… as you say that, I remember you guys talking about that and I remember us talking about that in a meeting, but I don’t remember seeing that come through as something I was supposed to respond to. 'Cause I was gonna follow up and find out how the Governor’s travel restrictions affected our ability to, you know, basically finance that kind of thing. But I…

Bird: Yeah, okay. Well, that… we need to find out. And, once again, I don’t know what the Governor’s travel has to do… I’m not talking about you guys, I’m talking about blind people going to them. We’re not restricted, I mean, and we’re just asking that our set-aside, part of our set-aside pay for them expenses for at least one out-of-state In-service. So I don’t know why you’re talking about the Governor’s thing. So, but… So, we need to find out, can we do it.

Morris: All right.

Hauth: Yeah, thank you, Jerry.

StevensonA: Am I off mute?

[01:41:02]Hauth: Yep.

StevensonA: Okay. So, Eric, yeah, I do remember where you’re talking about the fact that you were going to check out if that applied and I do remember you saying that. So you haven’t… you haven’t done that, yet?

Morris: No, Art. I haven’t.

StevensonA: Would you…

Morris: I’m writing…

StevensonA: Would you please…

Morris: Yeah, I’m writing it down.

StevensonA: Would you… Okay. Because, you know, I do remember the conversation. So, we can… And would you do us a great favor and find that out within the next day or two and… and shoot us all, the Elected Committee and the managers, concerning that?

Hauth: Yeah, and that’s a great idea. And, Eric, if you have any documentation that you’ve come up with that, you know, denies that for us, please send it to us. I… You know, when I was looking through that travel information that Lin received, it was really kind of disheartening that the agency, in my opinion again, recklessly spent our set-aside. I mean, spending… sending people on travel, buying DAS cars for people to run around with, lodging, meals, and then Dacia Johnson, Director Dacia Johnson, graciously says, “Oh, well I’ll pay… I’ll pay out of your set-aside that you’re paying each month, I’ll pay for you guys to have one registration.” And apparently, probably, so they can make it as a tick mark on the RSA-15. But you might understand where I’m coming from with that, when we see our set-aside going, you know, flamboyantly but we’re restricted to just one registration. So, hopefully we can change that dynamic, you know…

Morris: Well…

Hauth: So, if you can find that information, that’d be great.

Morris: Yeah, and just real quickly, on that travel report thing that you’re talking about, Randy, those… those DAS charges for cars and vehicles and stuff like that? That’s… That’s something I have no control over. Staff has to use a state vehicle to do state business, so we get charged for that. I know it looks like a lot of… there’s a lot of line items that show up for that. I was really surprised, too, 'cause I… you know, you don’t think about it from that perspective. But, if I remember correctly, we… we sent a couple staff members… 'cause this was… Was that last year? We sent staff…

Hauth: Yeah, I would…

Morris: Yeah.

Hauth: Yeah, I would guess… And thank you, Eric. I would guess it probably shouldn’t be coming out of, you know, managerial services, you know. Maybe they should use it out of a different… I mean, I don’t

know. But, you know, it just didn’t make a lot of sense to us, especially when we’re being restricted. So. Anyway, so, let’s go ahead and move along. I think we have Theo’s on there and I know you reported on Theo’s and, you know, I guess what… I know you said that this was before your time. Well, you’ve been our Director for four years. I guess my question would be, why didn’t you do anything with it during that four-year period of time? And I when I brought it to your attention it was like you didn’t even know about it. So, is your staff not doing the job or not providing you the information? You know, how did… how did Tessa, because Tessa was the one that ran it, how did Tessa just unilaterally decide she didn’t want it anymore? And then it didn’t come to the Committee 'cause… I think that was during your time. So if you could kind of summarize for us on the line…? You know, I know there was equipment there, agency equipment. But if you could give me a summary of that, you know, to help me work through that, it would be great.

Morris: Well, like I… like I said in my Director's Report, Randy, it… granted, I wasn’t here when a lot of that happened. I was, as of December 12th or 14th of that year. So, as things were kind of falling apart there, not running efficiently, nobody was making any money. Since then, yeah, if it’s not making money, then that’s… that’s, from my perspective, if a location isn’t making money, we’ve had several different failures there, I… I’m not sure what else, what other options there are. You’re saying… From your feedback you’re saying, hey, you know, I… we should’ve came back to the Committee and said, you know, we’re gonna give this up… you know, and in… in December of ’13 I, you know, I don’t know.

Hauth: Yeah, they’ve been operating it, Theo’s been operating it. They’re not doing it for free, right?

Morris: Yeah.

Hauth: So there is some money being made there and that’s what it comes back to. Hey, let’s look at this. Let’s look at this with the Committee and say, hey, what should we do with this? And maybe, like you said, gosh, maybe it isn’t something we want. But when I look at it and Theo’s has been operating it, I look at it as, gosh, that could be an opportunity for a person who’s blind. So… And also, there’s competitive product being sold there, you know. So I would just expect you, as the Director, to be more involved and more knowledgeable of that. And if your staff wasn’t providing you that information then, you know, shame on them. But, at the end of the day, it’s a licensed blind vendor or a potential licensed blind vendor who suffers. So, before we move on to Labor & Industries, is there any other comments that you want to make, Eric? Or is there any questions or comments from the managers?

Morris: Well, I guess I have a question, Randy.

Hauth: Yeah.

Morris: So… So, what do you want me to do? What’s your… What’s your guys’ active participation on that?

Hauth: Well…

StevensonA: Um…

Hauth: Go ahead.

StevensonA: Randy?

Hauth: Go ahead, Art.

StevensonA: Okay. Obviously, the Vending Facility Development Committee should be involved. And then, Eric, if, when decisions are being made, whether to keep, get rid of, you know, all those kinds of things, working with the Vending Facility Development Committee. And, as Randy says, obviously Theo’s isn’t doing it for free. You are subcontracting with the lady that’s running Edith Green right now and we’re getting 5%. You know, s decision should be thought of, well, you know, if we’re… if a blind licensed manager… and I don’t know what was the problem, why there wasn’t being any money made… being made there. I’m not gonna lay judgment on Tessa but, you know, maybe we can… could decide, “Well, hey, we haven’t got a manager right now so maybe we’ll do a temporary contract and we’ll get 5% or 2% or maybe even 1%, but it’s still bringing money into the program. And those kind of things got to be discussed and just not… and arbitrarily just “Oops!” And that’s what active participation is about, we’re all putting our heads together and… and, you know, we might… we might still be collecting money there, even if it’s only 1% of the gross, it’s money going into the program. But now there’s nothing there. So that’s… that’s what we need to do, Eric. We need to work with the Committee, not just, like I said earlier today. So that’s my…

Hauth: Yeah.

StevensonA: …my comment on that.

Hauth: Thank you, Art. Yeah, Eric, if you’ll work… I mean, it looks like we’re gonna make a… make a move to start working with you specifically with the committees. So hopefully we’ll be able to get that ironed out and you can work with Art as the Development, Facility Development on that. So… I mean, I have a laundry list of things that I would like you to do, as far as, you know, looking at the profit and loss and, you know, the competitive products and, you know, opportunities moving forward, and so forth and so on. But hopefully you and Art and others can work with that. I want to move forward to Labor & Industries and unassigned vending before we run out of time here, if that’s okay with everybody. Labor & Industries, I know that came up in your Director's Report and you say… you stated that you brought… you showed the location to a potential… potential person, or something like that. But I guess what I’m wondering is, why isn’t that location being put out for bid? Why isn’t it being secured for our program? Again, you’ve been there four years; why has it been able to, you know, be outside of the program being operated, you know, not going to a vendor for the last… you know… Or, why… why isn’t something being done about it, I guess? So.

Morris: Well, Randy, to be frank, I didn’t know anything needed to be done. I know we, you know, if we have people to put in there to operate it, that’s… that’s great. If the consensus is we should put it out for bid, that’s great, too. Um, yeah.

Hauth: Yeah, I think it does about 23,000 a month, it looks like, in an average. And it just looked like to me that, you know, it was like, not being… not being addressed for whatever reason, I don’t… I mean, I don’t know. So. And I know there’s… I mean, there’s… who pays the equipment repairs there? Does the agency pay for their… for the equipment repair there?

Morris: No. Most of the time when… when a subcontractor’s in place like that they take care of that. Unless there’s something…

Hauth: Okay.

Morris: …extreme or, you know, out of the ordinary.

[01:51:34]

Hauth: Yeah. I know that they told me that they had agency equipment there, so I wasn’t quite sure.

Morris: Yeah.

Hauth: Anyway. So, Board members, I’m not sure what you guys… I know we’ve talked about this. I’m not sure exactly what the best course of action to take on this, if any. But, clearly, it should be part of our program and it should be an opportunity for transfer and promotion. So is this something we want to think about and make as a priority next meeting or do we want to talk about it now or do we want to move on to unassigned vending? [Silence.] What do you guys think? Art, you’re on mute.

StevensonD: This is Derrick.

Hauth: Derrick, go ahead.

StevensonD: Yeah. I guess this could go… be addressed during unassigned vending or whatever 'cause, to me, this is unassigned vending if…

Hauth: Okay.

StevensonD: …there’s vending going on and stuff.

Hauth: We did… We did deal with it previously, you know, request… So that’s fine. So, if there’s no other comments, we can move on to unassigned vending. Moving on to unassigned vending, you know, I guess, Eric, if you could share with the members why in the world the agency thinks it’s okay to take in vending, like in Mr. Ken Gerlitz’s location, take that vending in-house and bring that vending into the program, keeping it away from a licensed blind vendor; and/or with Gordon Smith’s location, taking the vending away from that location and bringing it into the program, keeping it away from a licensed blind vendor; and/or Joe Bassett’s location, keeping it away; and/or when Char moved into the Department of Motor Vehicles, taking that away. So I’m trying to understand what, legally, allows you guys to do that and what your… what your thought behind that is. ‘Cause I, for one, am perplexed and I know others may have questions about that, too.

Morris: Sure. Sure. So, like, with Ken Gerlitz’s route and Char’s route, as we’ve… obviously, there’s the elephant in the room of the subcontracting versus filling machines paradigm out there. So that’s something we have to take into consideration, as we get ready to convert over to self-operation. So, to put Ken’s route out as it sits right this second, it needs to be, basically, configured in a way that makes sense to do self-operation. So, that… that’s my thought process behind that. And we’re just easing through this process, trying to make that happen to where, you know, people can have a facility that makes sense logically and business financial-wise, to run, you know, run as a self-operation platform. Now, the other piece of it, when it comes to unassigned vending, the… the smaller locations that are one or two machines here and there, we… we as a program… and I say “we,” I mean you guys and me, when I first came on board I… I asked that question of how do we go about assigning, you know, two… two machines in a building somewhere in Oregon. And we went through several different iterations of that process and people filed complaints, I think, about every time we tried to use it. ‘Cause there’s nothing in the handbook that says here’s how two vending machines in a building somewhere get assigned to a licensed blind manager. So I’ve been kind of asking you guys, semi-frequently, to say, we need to work together to figure out a system to do that, that everybody’ll be happy with. I mean, some… somebody’s obviously not gonna be happy ‘cause they don’t get it if they… if they wanted it. A system that can be agreed upon, that we can go through a process and say candidate A gets it versus candidate B. Now, is that a territorial kind of thing? Is it an income-based thing? And now, factoring in the fact that, you know, people are going to need to fill their vending machines, that… that’s the piece that

needs to be worked out. And, you know, to continue to do the same thing and have people complain about it and file complaints about it is just, kind of, it’s not logical. So, that’s… that’s where I’m coming from.

StevensonD: This is Derrick.

Hauth: Well, and thank… thank you.

StevensonA: [Garbled.]

Hauth: Let me… Let me follow up on this real quick. What, I guess, one, Eric, what legally allows the agency to bring in the money? What… What do you cite as being able to do that? How’s that decision being made? And how does that override transfer and promotion? So what I heard you say is, “Oh, because the elephant in the room, we’ve just decided to bring that in until whenever we decide, you know.” And so what, legally, allows you to do that? And, you know, how does that… how does that over… how does that facility not go out to bid like the law allows for?

Morris: Well, Randy, I don’t have anything to cite from a legal perspective. I’m not an attorney. So I wrote that question down so I can respond to it because I’ll have to do some digging and some research on that. The facilities… we… I… I… frankly, like I just said, we need to configure them in a logical manner moving forward, that… that complies with the transfer and promotion. But a couple machines here and there does not, in my opinion, that’s not a vending facility. So it doesn’t fall into the transfer and promotion process. So that’s…

Hauth: Before I turn it over to Derrick I do want to say that I’ve had some conversations with Cathy Gerlitz and I do know that you allowed her to keep the… I mean, I do know that there were some concerns there and I’ll follow up with you, but what you’re saying isn’t as consistent as what I was hearing from Cathy, either. And, you know, I’ll go ahead and turn it over to Derrick. I think he wanted to ask a question. But, you know, Eric, that, again, it’s certainly a concern and I… I know that I’ve addressed it previously through… through an official process and it’s just really disheartening and really concerning that an agency that’s supposed to be, you know, supporting the blind and putting people to work is absconding with the money. And I can’t… I’m sorry, but I can’t find a nicer word to say. So, Derrick, go ahead.

StevensonD: Yeah. Well, back in, I don’t know if it was May or June, you know, I put in… I put in a request to have that temporarily assigned to me because, you know, I had a need and I have… and I’m available to supervise what goes on with Ken Gerlitz’s route and you… you… you never really got back to me. And then I spoke to you in the parking lot at Denny’s and you said you were going to look into the legalities and see what you could do and couldn’t do. And, again, you never really got back to me. And then the… the Board… the Board had a… had taken a vote that… that… that added to my income and you never really commented or you just completely ignored that vote. Then, the last time I talked to you on the phone and I brought it up and you said, “Well, you know, I haven’t really given it any thought.” So, to me, when you tell me you don’t give it any thought, you’re just pretty much telling me that you don’t really care about my needs or anything. You just… You can’t just shine it on. I mean, if you want to say, “Okay, we’re not going to do that because somewhere down the line we may be requiring the manager to fill the machine theirself.” So I… I understand where you’re coming from on that but to not give it to me until such time, to me is just negligent. I mean, it’s just… it’s just an excuse> I don’t know why you feel that it’s better to just bring that money in and have it… have it sit there when I definitely could show that I have a need for that. And if, at some time, you tell me that I have to start filling the machines and… and it’s legal for you to do so then, if I refuse, of course you can take… take it back, I guess. But to not assign it to somebody, like you’ve done in the past – like Joe Bassett’s situation: you

temporarily assigned that – why are you just…? I don’t… I don’t know. It just makes me so angry that would just say, “Oh, I never thought about it, Derrick. Sorry.” And… and that was… that right there was weeks ago and I still haven’t heard anything from you. I think I have a right to have that temporarily assigned to me. I would prefer that it was permanently assigned to me and I think you’re breaking the law by ignoring my request.

Hauth: Eric, do you want to respond to that?

Morris: Well, I… yeah, sure. I think that the… by making that argument… 'cause the Elected Committee said you should have it and should have it permanently, is that you go right back to the handbook that says all facilities have to go out for bid. Now, has it happened as quickly as I would’ve liked it have happen when we talked I believe it was in late August/early September? Of course not. But there’s been some things going on. I understand that seems… that seems cruel to say that, but I don’t want to give something… put it out for bid that makes no sense to put it out to bid and then come back, you know, a year later and say, “By the way, you know, here’s the situation.” You know, why create even more havoc? But we can’t go against the handbook and say, you know, we’re just gonna give it to people outside of the… I mean, just like we just talked about the transfer and promotion policy. Now if it goes out, like we talked about, if it goes out to bid, configured for self-operation and nobody bids on it and then you and I and probably the Elected Committee will want to have a conversation about reconfiguring your route with, you know, maybe not having Eugene, 'cause that’s a long way from where you’re at, and combining the Medford route and your route to… to make a new hybrid kind of route, then that’s a conversation we can have.

StevensonA: Mr. Chair?

Hauth: Yes.

StevensonD: Well, for you to just keep…

Hauth: Go ahead, Derrick. Go ahead.

StevensonD: For you to just keep… keep ignoring the fact that I have a right to have that money… if you’re not gonna put it out to bid, for whatever reasons you want to come up to, I still have… it’s still legal for you to temporarily assign that until you put it out for a bid or until another manager is… is… is available. And…

Hauth: Yeah.

StevensonD: …the fact is…

Hauth: Yeah, Derrick.

StevensonD: The fact of the matter… you can’t… if… if it came down to the fact that you said, “Well, you’ve got to fill your own machines and you can’t do Eugene” you know, I might agree to that. But I think we’re still, you know, a long, long ways from that… that happening and I shouldn’t be punished…

Hauth: Yep.

StevensonD: …until then.

Hauth: Yeah, Derrick, you make a great, valid point. We’re gonna have to work on this further 'cause it doesn’t, you know, appear to me like the agency being receptive to your or other offers that were made. And, Eric, I don’t know that there’s anywhere in the policy, you keep referencing the handbook, I don’t know that there’s anywhere that says you can arbitrarily make decisions and that you can arbitrarily bring in vending income to the agency. If there is, please show it to me. So, if you want to reference… you want to reference the handbook, be fair.

Bird: Randy?

Hauth: Go ahead, Art. Go ahead. Art wanted to speak, and then Jerry.

StevensonA: Okay, I’m off mute now, right?

Hauth: Yep. Yep.

StevensonA: Okay. Now, I’m gonna say a couple things here. First of all, and we’ve been harping about this and I’ve been harping about it for two and a half years on having appropriate rules for vending machine income [bad echo]… vending machine income [bad echo]. Okay, somebody’s got to mute, 'cause I’m getting a lot of feedback here. Okay. So, anyways, Randy said we do have rules, Eric, and there are rules about temporary agreements, temporary assignments and... and the reason why those rules were put into the handbook is because blind licensed managers are supposed to be, you know, running those facilities. We’ve had this discussion time and time again. But you do have the tools to use to be fair and equitable, to allow active participation, to, you know, stay in compliance with the law. And I will tell you, as far as vending machine income goes, right now you have a permit with the Veterans Administration down in southern Oregon and that permit is for a blind licensed manager to run that facility. It’s not for the agency to collect that money as vending machine income. And you need to… you need to follow the rules. You need to do what is there. But we also have to have complete rules because obviously there isn’t rules on vending machine income and… and, of course, that’s what’s creating all these controversies. But you do have the authority, and you should have, if you didn’t want to assign everything… There’s nothing in the law that says the agency will run vending facilities that they have under permit. And… and… and so, Eric, and I… and I realize that there’s problems with the controversy, you know, about subcontracting and… and all that stuff. But right now in the rules it’s completely legal, it has not been changed. And for you to use that as an excuse for not doing a temporary agreement, not, you know, upping the income of a blind licensed manager and all that kind… it’s just in violation of the law. And… and that’s why we need to do… We do have to have complete rules, but you need to follow the rules that we have. And it distinctly says in there that you have the right to do temporary agreements by assigning temporarily and you just can’t arbitrarily and capriciously say, “Well, we got this controversy about subcontracting, so we’re gonna make up a new rule and… and say nobody gets it.” It’s wrong and… and we need to get together and… and do what we’re supposed to be doing and not just arbitrarily making up rules as we go. And… and I realize that somebody else dictates what you do also and… and I don’t know what conversations you’ve had with the Director of the Commission for the Blind but these kind of things, you’re violating the laws and… and doing it instead of doing what you should be and what the rules say. And… and assigning that temporarily and… and… You should at least ask the Elected Committee, “Well, what should I do with this now?” And… and there was no con… there was no conversation. You just said, “Hey, I’m doing this,” without explanation, without saying you had the right to do so. And that’s why we have so much controversy and stuff. And so, Eric, you should… you know, I don’t… we don’t care what happens on down the line on the other stuff. You need to be doing what you’re supposed to be doing in accordance with our rules and regulations and the intent and purpose of the Randolph-Sheppard vending program, on both levels. I’m… I’m done on my bully pulpit now, except… except for one thing. You know, I want to state it right now 'cause we’re talking about vending machine income, Randy. I filed a complaint against the Oregon Commission for the Blind

concerning this situation because they aren’t following the laws and rules and regulations. They’re just making up stuff as they go. And… and the issue needs to be resolved. And so, I not only want to request on the record tonight that the Elected Committee advocate for my complaint. As a member of the Elected Committee, I’d like to make a motion that the Elected Committee join in this complaint and finally get this stuff that should’ve been resolved a long time ago by having complete rules and regulations and hasn’t been addressed and let’s get this dang stuff resolved instead of, you know, having the controversy. So I’m making this…

Hauth: Thanks, Art. So Art has made a motion that the Elected Committee join his complaint as individual managers. Do I have a second on that? [Silence.] Do I have a second on that? [Silence.] I’ll… I’ll second that. So, motion’s been made and a second.

StevensonD: Sorry. I must’ve been on mute.

Hauth: And…

StevensonD: I’d like… I’d like to discuss that.

Hauth: Yes. Open for discussion. And let me share with you that, previously, I addressed this issue or a similar issue to this. And what I can tell you is on the administrative hearing process the agency’s response was basically, “Well, even though it doesn’t say it in the rules” – and I’m summarizing, but it was close – “we can just do whatever we want.” So it kind of repels me that Eric says they have to follow the law and they have to follow the rules. But in the response they’ve basically said, “We can have discretion to do whatever.” So, you know, my concern is that, if the agency wanted to manage and administer this program properly, they could do it very easily. If they wanted to find a way to help stimulate your income, Steve Gordon’s income, Steve Jackson’s income, Lin Jaynes’ income by assigning these facilities and, you know, they could do that. I… I’m concerned…it’s… You know, complaints sometimes seem like the agency uses complaints as, “Aw, gosh, these guys only complain. That’s all they do, they just complain.” But, however, look at what the agency does not do and what other choice do we have? So the only thing, I think, that puts it on an official process, as you’ve seen, is to go through the complaint process. But, you know, a motion’s been made, a second’s been made and Derrick has asked for his chance to discuss too. So, Derrick, go ahead.

[02:13:05]

StevensonD: Yeah, I haven’t, of course, read Art’s… Art’s complaint but I would be… If his is just concerning the federal aspect of it all, I think I would rather re-write the complaint to… to incorporate all the locations that were voted on and we’re supposed to be, you know, that managers should be receiving and I think… I think it’s very important, if we’re gonna file a complaint, that… that… that we get a monetary relief. Like, you know, if we’re gonna complain because I did not receive Ken Gerlitz’s thing, then I think, you know, it should be in the… in the complaint that… that they give me the money, back to the first day that I sent my first email asking for it.

Hauth: Yeah, Derrick, what I… what I will say is I believe you are on to something here. The agency, unfortunately, does everything they can do to shoot down or deny a complaint. They utilize the AG’s Office to deny us access to information and deny us, you know, motions, deny a full evidentiary hearing then clear. So, yeah, the complaint does not to be write… written specifically and properly and compensation, monetary damages, attorney’s fees, you know. Unfortunately, a complaint needs to be, you know, as tight as it can be. So, with that being said, Art, I know you made a motion and I…

StevensonA: Mr. Chair?

Hauth: …if you want… I don’t know if you want to reconsider at this point and re-issue, or what your thoughts are. [Silence.] Art?

StevensonA: Okay. Am I off mute?

Hauth: Yeah. Yep.

StevensonA: Okay. Here’s the deal, Derrick and members of the Elected Committee – and, by the way, I want to say I have a conflict of interest here because of the fact – but we need to get this vending machine income quote unquote thing settled. If the Elected Committee votes to file the complaint, then we have the opportunity by our bylaws, to discuss it with Director Morris and with Director Dacia Johnson and… and come up with a settlement. By… By making this motion, second it and passing it, then we start the process. We’re a long cry from getting anywhere. But passing this motion dictates, you know, that number one the Elected Committee needs to advocate for the complaint – and, naturally, I think we need to because we need to resolve the [garbled] – but we give them the opportunity to work with us and settle this controversy without having to proceed any further. Now, is the agency going to do that? I guess that’s up to them. But I can tell you, gentlemen, that this just starts the process and then… and then we’re moving forward and hopefully the agency is going to work with us so we don’t have to go to a full evidentiary hearing and… and all those kind of things. So I want to keep the motion. This is only the first step to file the grievance and advocate for it. So…

StevensonD: Well…

StevensonA: …that’s my say.

StevensonD: Okay. Well, I… I respect your… I respect your… your opinion there. I don’t see why your complaint can’t be incorporated with a more wider complaint than… Because your complaint is not gonna get me any relief in the… in the near future, if… you know. So I’m gonna probably have to go ahead and file my own separate complaint if… if that be it. 'Cause I’m looking for… for relief and if we don’t have it in the complaint, then they won’t… we know they’re not gonna address it. So. ‘Cause they’ll only address what’s in the complaint, so if we don’t mention that these places need to be awarded to the managers that… that the Board voted to give to these places, then we’re not gonna get them.

Hauth: Point taken. Any other comment on this? [Silence.] And I will tell you, I was recently going through this process. Again, unfortunately, the agency does everything they can do to deny and argue. I know that we’ve been, you know… It’s been my opinion that that has been… been the process that the agency has used. Anyway, a motion and a second’s been made. Is there any other comment on this before I call for a question?

Bird: Jerry Bird. I just want to say that I… I will probably have to abstain because, not that we need to file a complaint, but I hate to file one and even though I will advocate as my… as being a Board member, but I believe if we’re going to file it needs to be more well thought-out before we do it. Thanks.

Hauth: Yeah. Hey, Art? If… If, you know, there’s a couple people suggesting that and I give you, you know, 100% credit for bringing this to the Board. I don’t know if you’ll reconsider maybe, you know, recrafting it, if need be, and incorporating some of the other issues in it.

StevensonA: Mr. Chair?

Hauth: Yes, Art.

StevensonA: I’m sorry, my phone went dead and I dropped off. Can you let me know what occurred?

Hauth: Yeah, Jerry… Can you hear me?

StevensonA: Yeah, I hear you.

Hauth: Yeah, Jerry… Jerry also shared some concerns about he believes that the complaint… you know, he would support it, but probably not at this time because he thinks it needs to be more well thought-out. You can… You can elaborate, Jerry, if you need to. But my thought was, Art, would it be better for us to circle back and bring this up to our next meeting and just wordsmith it and incorporate the things Derrick talked about, and others. So, it’s food for thought, there. StevensonA: Okay. So was there a vote, then?

StevensonD: No.

Hauth: No, not yet.

StevensonA: Okay. So you’re still…

StevensonD: We’re trying to give you… yeah, we’re still trying to give you the opportunity to accept a friendly amendment to… to rewrite it and make it encompass all… all of our complaints at one time instead of separately.

StevensonA: Um… you know, when… when were we going to take care of this? Are we gonna have a special meeting in a couple days?

Hauth: Art, let me… let me tell you this: if you… I would encourage that we look at putting this together and if we need to call a special meeting we will. Or, if we don’t get it done until the upcoming meeting, we can do it then. Either way, I would… I would support. But I also believe it needs to be probably wordsmithed through and encompass the other issues that were brought forth. So, you know, if you would… if you would support that I think it would be, you know, helpful.

StevensonA: Okay. Well, I’ve got a complaint right now. I’ve got a complaint. I’ve asked you guys on the record to advocate for me and… and that’s good. We can… We can definitely wordsmith or do whatever you guys want to and stuff like that. But… So, for right now, on the record I’ve asked you guys to advocate for me and I’ll withdraw my request for you guys to join, for now. And we can… we can… we can iron that stuff out some more. And so I’ll just go ahead and withdraw my… my motion. But I am not, at this point in time, going to… I… I want to request for your advocacy and then your participation in the complaint can most definitely be put forth at another time. So…

Hauth: Yeah. You’ve got… You’ve got… You’ve got that from me, Art. Absolutely. And I’m sure you’ve got it from the other Board members too, I would assume. That’s part of our role. But… So the motion… motion died, it’s been withdrawn. There’ll be no vote on that.

Bird: Randy? Now I have [garbled].

Hauth: Jerry.

Bird: I’ve been waiting. I get to talk now? Okay. I’m really concerned with listening to Eric. He keeps wanting to say “self-serve” and I think the bottom line is, that’s why he don’t want anyone to have it temporary because he… and he’s doing this is 'cause he’s got… they’ve got some of… some kind of I don’t know… that an opinion is… trumps law, opinion is binding. And it’s very easily not. So I think what we need to do… Eric keeps saying “self-serve, self-serve.” We need to… We need to them prove it. And the opinion didn’t say that. So somehow we need to get Eric, until they come up with the legislature to change it, they have to follow it. And for him… them to start saying we’re gonna do stuff because you’re not self-serve is… is just… it’s embarrassing to me. It really makes me made because they come up with this all by theirself and interpret an opinion – which, once again, Eric, is not binding – so, therefore, you can’t enforce it like it’s law. But you guys continue to do it. So, until you guys quit using that word… and if someone wants to self-serve them, we want choice. So I don’t know how we’re going to do it, but we’ve got to get you guys to either prove to us that it’s illegal and if it’s not you got to stop using it. Because we’re concerned about people making incomes, you’re concerned about they go do the work theirself. Well, when you manage a place, you’re doing the work. Now, if you do nothing and you don’t control your third-party vendors, well then you’re not. But the ones that do is totally legal. And for you to not… take vending away and not give it to anybody because you don’t want them… you want them to fill them theirself is just… it’s an absolute lie. It doesn’t say that. For you guys to use it as it’s… as it’s the truth, you got to stop it until you can prove it… that legislature changes it. I would like Eric to prove to us… Okay, here’s… here’s a question for you, Eric. Please prove to this… the BEP program how an opinion is binding and overrides legislature. I think you’ll even see the federal judge says it’s just that, it’s an opinion. Everyone has an opinion, but they don’t have a right to their own facts. So you guys got to… You know, if you guys want to keep pounding that, “Oh, it’s self-serve and that opinion, we don’t want to break the law.” You got to stop it until you… you got some proof that it is against the law. And you guys may be in trouble for not… for breaking the law by doing it, using an opinion. So, Eric, would you please provide me with some kind of document, get if from your AG, that proves that this opinion is binding and it’s… it’s more than an opinion. Thank you.

StevensonD: This is Derrick.

Morris: Hey, Randy, just to…

StevensonD: Am I off mute?

Morris: …just to check in real quick, it’s almost 5:30 guys.

StevensonD: Am I off mute?

Bird: Wait a minute! I asked Eric a question. Eric would you provide us with your information that… that… that proves that it’s illegal, other than an opinion, that proves an opinion? I think you know what I’m asking for.

[02:27:45]

Morris: I… I think so, Jerry. I’m trying to write it down, so I’ll see what I can do.

Bird: Yeah, because this is, you know, it’s got to end. We can’t continue doing it this way. And if you guys can prove that an opinion is binding and overrides the legislature law, then we’ll… we’ll do it. But when you guys just want to come out between yourselves and say, “Oh, we decided our interpretation…” – as you say, you’re not a lawyer – or your AG’s interpretation didn’t say that it was illegal. So you guys got to stop that. Thank you.

Hauth: Yep. Yep. Derrick, go ahead. [Silence.] Derrick, go ahead.

StevensonD: Yeah. I think I would like to make… make a motion that the Board file a complaint regarding the vending that we had voted to assign to the managers – I think there was me, Steve Jackson, Lin and Steve…

Hauth: Gordon.

StevensonD: …Steve Gordon. And I think… well, that should cover everything that I talked about earlier: restitution, lawyer fees, and all that stuff be… be included.

Hauth: Okay. So a motion has been made, and remember it may be a conflict of interest for any Board members on here. So a motion has been made. Do we have a second?

Gordon: I second it.

Hauth: A motion, second. Okay. Open for discussion. Any discussion?

Bird: Yeah. I need to… Can you repeat that motion again? Exactly what the complaint is? Sorry.

StevensonD: The complaint is basically that or… that Eric ignored the Board… the Board’s motion to assign vending to Steve Gordon, Steve Jackson, Lin Jaynes and myself and they’re… they’re doing it based on, you know, false… false pretenses. It’s not, you know, law… law, saying that we can’t do these things and, you know…

Bird: Okay.

StevensonD: …to put a stop to it. So.

Hauth: So a motion has been made and a second has been seconded. Any more discussion? [Silence.] Okay, hearing no discussion, I’ll call for a roll call vote. Remember to announce your conflict or potential conflict. I’ll call for a roll call, yay or nay. Derrick Stevenson.

StevensonD: I do have a conflict of interest, but I’m voting yay.

Hauth: Thank you. Art Stevenson. [Silence.] Art Stevenson.

StevensonA: Am I off mute?

Hauth: Yes.

StevensonA: Okay. I… I got to ask this question, Randy, before I vote. Sorry that I didn’t jump in there…

Hauth: It’s all right.

StevensonA: …'cause it just… Okay. Did we file that recommendation with OCB?

StevensonD: It’s in the minutes. It doesn’t… shouldn’t have to… while Eric was present. He…

Hauth: Yeah. It’s well knowledgeable. I don’t know if they have been submitted in writing as yet or not. But my… my concern is, every motion we’ve sent practically has been denied. I don’t think these will be

accepted. And if they haven’t been filed already, they will be in the next few days. However, they’re in the minutes. Eric participated in the meeting and, you know, it’s… Anyway. So.

StevensonA: So… am I off mute still?

Hauth: Yes.

StevensonA: Okay. Well… and obviously, we’re going to do the same thing we talked about and construct a carefully-worded complaint before we file it. So I’ll vote yay.

Hauth: Thank you. We have Jerry Bird.

Bird: Possible conflict of interest. Yay.

Hauth: Okay. Steve Jackson.

Jackson: There’s a potential conflict of interest, but I vote yes. Please.

Hauth: Okay. Steve Gordon.

Gordon: Potential conflict, but yay.

Hauth: And I also may have a potential conflict and I will vote yay as well. So that motion passes.

StevensonA: Mr. Chair?

Hauth: Yes.

StevensonA: I don’t know if I stated it, but I would have a potential conflict of interest also. In case I didn’t say that, I’m saying it now.

Hauth: Yeah, thank you. And anyway, so I know Eric stated a few minutes ago that it was getting on to 5:30, so what are…

Bird: Hey, Randy? One quick thing: was we gonna vote on if we need to have… we need to have Director's written reports be part of the record?

Hauth: Jerry, whatever… whatever your thoughts are on that. My…

Bird: Okay, here I go. I’m gonna make a motion that all written Director's Reports be part of the minutes of the meeting.

Hauth: Okay a motion…

StevensonD: Second.

Hauth: …has been made by Jerry Bird. Do we have a second?

StevensonD: Second.

Hauth: That’s Derrick Stevenson’s second. Any discussion?

StevensonA: Call the question.

Hauth: Okay. Yay or nay. Derrick Stevenson.

StevensonD: Yay.

Hauth: Art Stevenson.

StevensonA: Yay.

Hauth: Jerry Bird.

Bird: Yay.

Hauth: Steve Jackson. [Silence.] Steve Jackson. [Silence.] Steve Gordon.

Gordon: Yay.

Hauth: Again, Steve Jackson. If you’re on, you’re on mute. [Silence.] Okay, Randy Hauth. Yay. Motion passes. Okay. Again, Eric has stated it was 5:30.

StevensonA: Mr. Chair?

Hauth: Yes. Yes, Art.

StevensonA: I move we adjourn the minutes and pick up any unfinished business in the next meeting. Sounds good. A motion’s been made. Do we have a second?

StevensonD: Second.

Hauth: A second has been made by Derrick Stevenson. Signify yay or nay.

StevensonD: Yay.

Hauth: Art Stevenson.

StevensonA: Yay.

Hauth: Jerry Bird.

Bird: Yay.

Hauth: Steve Jackson. [Silence.] Steve Gordon.

Gordon: Yay.

Hauth: Randy Hauth, okay. Yay. I vote yay. Before I adjourn the meeting, Eric, is there any closing comments?

Morris: I have nothing.

Hauth: Okay. Any other closing comments from anybody? [Silence.] Okay. Thanks everybody for joining in. We’ll be in touch soon. Let’s adjourn this meeting. Bye.

Bird: Bye.

[02:35:30]

Transcription: Mark RiesmeyerAddenda: See 1. Director’s Report and 2. Active Participation Log below

Director’s Report – March 9th, 2017

RSA 15 Questions – from last meeting:

1. Item #8:Vending Machine and Other Income (Line 8)

This is the vending machine income (not part of direct sales) distributed to the vendors, and any income accruing to the vending facilities from subsidies, commissions, rebates, or other sources. Do not include fair minimum return paid to the vendors.

2. Item #11:Funds Set Aside (Line 11)

This is the amount of levied set aside funds. Levied set-aside funds are assessed against the net proceeds of each vending facility and accrue to the SLA for the program purposes set forth in the state's regulations.

3. Line #13Fair Minimum Return to Vendors (Line 13)

This is the fair minimum return payments to vendors. Fair minimum return, which is optional with each state agency, is the amount that may be paid to vendors from set-aside funds in order to provide a uniform minimum income to all vendors under the program.

4. Item #18&#19:Number of Other Persons with Visual Disabilities Employed (Line 18)

This is the actual number of other persons with visual disabilities provided employment in the program.

Number of Other Persons with Disabilities Employed (Line 19)

This is the actual number of other persons with disabilities provided employment in the program.

-These are separate groups of people.

5. Section II (C):C. CONTRACTS FOR OPERATION OF CAFETERIAS AND MILITARY DINING FACILITIES

- Need to add BPA cafeteria to this section.

6. Section V:V. DISTRIBUTION AND EXPENDITURE OF PROGRAM FUNDS FROM VENDING MACHINE INCOME AND LEVIED SET-ASIDE

This part is designed to collect, for accountability purposes, information on the distribution and expenditure of program funds from vending machine income and levied set-aside fees. Vending machine income is separated into two columns showing federal and non-federal funds.

Vending machine income is revenue accruing to the SLA from vending machines located on federal property (federal regulations) and non-federal property (state regulations). The non-federal category would include vending machine income from interstate highway rest stops authorized by the Surface Transportation Assistance Act amended by the Intermodal Surface Transportation Efficiency Act of 1991 amended by the Transportation Equity Act for the 21st Century of June 9, 1998. Levied set-aside fees are funds that accrue to the SLA from an assessment against the net proceeds of each federal and non-federal location under the program.

Other Questions:

Edith Green Update: We are in the process of purchasing equipment from the current operator, and ensuring the operation will continue to smoothly operate until the blind operator is ready to take over the facility.

Theo's Update: This is the information I was able to gather. Prior to 2013, and my arrival, a blind operator had attempted to subcontract this location, but was unable to get someone to subcontract the operation. The blind operator then attempted to run the operation themselves, but was unable to, due to lack of USPS employee support, and thus low profits. Ultimately the blind operator surrendered the location, and the location was turned over to the USPS/National Vendors. National Vendors has a nationwide contract with the USPS. I assume they were able to contract “Theo’s” to operate the location.

Labor and Industries: This week a potential BE candidate toured this location and is considering the BE program.

Port of Portland : Based on the last Elected Committee meeting discussions, I assume we will be discussing how to go about asking RSA to address the FAA regulations/requirements for rent/fees.

Active Participation Responses

Tracking #

Date Received Subject Response date

Accepted (Y/N) Response details

2016-01 11/11/2016 No Cause Termination 12/22/2016 No OCB will negotiate to not have, when possible

2016-02 12/20/2016 Form use & Relevant info 12/22/2016 NoNo definition has been provided for OCB to consider

2016-03 12/20/2016 Replace old equip & subcontracting 12/22/2016 NoOCB is following the developed implementation plan

2016-04 12/20/2016 Public Comment Period 12/22/2016 No (N/A) Elected Committee internal business2016-05 12/20/2016 Rules Subcommittee 12/22/2016 No Elected Committee internal business2016-06 12/20/2016 Replace Tessa Brown 12/22/2016 No (N/A) Elected Committee internal business2016-07 12/20/2016 Appoint Steve Jackson to EC 12/22/2016 No (N/A) Elected Committee internal business

2016-08 12/19/2016 Chemeketa RFP 12/22/2016 Yes & NoOCB has requested we be allowed to run the vending

2016-09 12/8/2016 Vice chair nomination 3/2/2017 No (N/A) Elected Committee internal business2016-10 12/8/2016 Randy Hauth appointed chairperson 3/3/2017 No (N/A) Elected Committee internal business2016-11 12/8/2016 Derrick Stevenson as vice chair 3/4/2017 No (N/A) Elected Committee internal business2016-12 12/8/2016 tabled business 3/5/2017 No (N/A) Elected Committee internal business2016-13 12/8/2016 Motion to send letter to OCB 3/6/2017 No (N/A) Elected Committee internal business2016-14 1/12/2017 Approval of minutes 3/7/2017 No Elected Committee internal business2016-15 1/12/2017 Art Stevenson appointed to EC 3/8/2017 No Elected Committee internal business2016-16 1/12/2017 Open public comment 3/9/2017 No Elected Committee internal business2016-17 1/12/2017 Move Director's comments 3/10/2017 No Elected Committee internal business

2016-18 1/12/2017Adopt definition of AP from proposed handbook 3/11/2017 No Rules are awaiting final approval from RSA

2016-19 1/12/2017 OCB hires Chaimoff to write rules 3/12/2017 No OCB must use AG for legal advice/services2016-20 1/12/2017 Freedom to choose business model 3/13/2017 No OCB must follow AG advice

2016-21 1/12/2017Send letter regarding keeping facilities open 3/14/2017 Yes & No

OCB has not received a letter. OCB keeps facilities open when they are financially viable.

2016-22 1/12/2017 Motion to have another meeting 3/15/2017 No Elected Committee internal business

2016-23 1/12/2017 Vending stay attached to that facility 3/16/2017 NoThis does not make business sense based on the vending being self-operated.