BUSINESS ENTERPRISE PROGRAM of OREGON

BECC MEETING (regularly scheduled)

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

OREGON COMMISSION FOR THE BLIND

535 SE 12th Avenue (Portland office)

Conference line: 404-443-6397

Participant code: 943611#

AGENDA

1. CALL TO ORDER Chair Miranda

0. Roll call

0. Disposition of minutes- July 28, 2016 meeting (action item)

0. Conduct of meeting:

2. Address chairperson before speaking.

2. Do not speak over one another.

2. No personal attacks, purposely demeaning or belittling one another.

2. Mute phone when not speaking.

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

1. FINANCIAL REPORT Director Morris

1. TRAINING & EDUCATION.

3. 2016 Fall In-service

3. Nominations:

Open positions -

0. Chairperson, currently held by Lewanda Miranda.

0. Salem 1, currently held by Charlotta Hawkins. Person(s) in area are Charlotta Hawkins, Salvador Barraza and Jerry Bird.

0. Portland 2, currently held by Cathy Dominique, person(s) in area are Cathy Dominique, Randy Hauth, and Derrick Stevenson.

0. Outlying area, previously held by Ken Gerlitz, person(s) in area are Gordon Smith, Lewanda Miranda and Steve Gordon.

1. NEW BUSINESS

4. Vending machine implementation- Administrator Johnson

4. Healthy vending (action item)

1. OLD BUSINESS

5. RSA monitoring

5. Locations not being secured

5. Retirement fund

5. Elected committee advocacy on complaints

5. Access to program-relevant information

5. Subcontracting/teaming partner issue

5. Award of vending machine procurement

1. DIRECTORS COMMENTS

1. NEXT MEETING Chair Miranda

1. ADJOURNMENT Chair Miranda

VERBATIM

[Started at 00:02:25]

Miranda: Okay, its 3:30, so Im going to call this meeting to order. And first I need to amend the agenda on number 5.b. for Healthy Vending. Harold Young is the Chair of that and he would like to table that till the next meeting, due to unforeseen circumstances in his family. He hasnt been able to work on it as much as hed like to. So.

Bird: Madame Chair?

Miranda: Yes, Jerry?

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

Miranda: I did and that thats why were not moving forward, too. So, he hes not

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

Miranda: Well, I dont know if you read the bylaws, but thats up to him to assign members. But he will be doing that.

Bird: All right. Thanks.

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

Hawkins: Here.

Miranda: Cath oh, Im sorry Char Hawkins.

Hawkins: Thats all right.

Miranda: Cathy Dominique.

Colley-Dominique: Here.

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

Young: Here.

Miranda: And Lewanda Mirandas here, so thats four so we do have a quorum. All right, well move into membership. Art Stevenson.

StevensonA: Here.

Miranda: Jerry Bird.

Bird: Here.

Miranda: Carole Kinney.

Kinney: Here.

Miranda: Derrick Stevenson.

StevensonD: Here.

Miranda: Gordon Smith.

Smith: Here.

Miranda: Lin Jaynes.

Jaynes: Present.

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

Hauth: Here.

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

Jackson: Im here. Hes here.

Miranda: Okay, now well move into the agency.

Morris: Erics here and Dacias here.

Miranda: And visitors.

Hoddle: Vance Hoddle with Canteen vending is here.

Miranda: Any other visitors?

Haseman: Linda Haseman

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

StevensonA: Chair Miranda?

Miranda: Yes, Art?

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

Miranda: Were going to do that.

StevensonA: You are going to do that?

Miranda: Yeah.

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

Miranda: Mm, should I do it that way?

StevensonA: I believe its appropriate.

Miranda: Okay. I guess it wouldnt hurt. So, for the outlying area, which was held by Ken Gerlitz, um do we have any nominations for that area? The two managers that are in that area is Steve Gordon and Gordon Smith.

StevensonA: Id like to nomi

Miranda: Uh Go ahead.

StevensonA: Id like to nominate Gordon Smith.

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

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

Miranda: Okay, do we have any other nominations?

Hawkins: Chair Miranda?

Miranda: Yes, Char?

Hawkins: I wish to nominate Carole Kinney.

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

Hauth: Yes. Id like to nominate Steve Gordon. And just a point of clarification: Caroles not in that area.

[female voice]: Correct.

Miranda: Well, Steve Gordon hasnt attended enough meetings.

Hauth: Theres no theres no requirement on attending meetings to be a representative. If there is, please tell me where it is.

Hawkins: Well, hes not even here to accept the nomination.

Miranda: Thats okay.

Hawkins: Thats what happened last time.

Miranda: Thats okay.

Hauth: With that with that

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

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

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

Bird: Miranda, I I nominate Art Stevenson.

Miranda: Okay. Art Stevensons been nominated. Any other nominations?

Hauth: Chair Miranda?

Miranda: Yes, Randy?

Hauth: Chair Miranda? Yeah, this isnt on the agenda.

[silence]

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

Miranda: Any other nominations? [silence] Okay

StevensonA: Chair Miranda?

Miranda: Yes, Art?

StevensonA: Okay. Sorry. I thought I was off mute and I wasnt off mute. I cant accept the nomination because Steve Gordons been nominated and hes supposed to get preference over anybody and and so, since he has been nominated I think its inappropriate for me to do that, since in the bylaws it says that preference is to be given to the person in that area.

Miranda: Okay.

Bird: Jerry Bird. I Ill drop that nominee because thats true. And, you know, he has not been to a few meetings, but he is in the area and he may have doctors permission and having family difficulties that couldve kept him from doing so. Keep that in mind. Thank you.

Miranda: Okay

StevensonD: This is Derrick.

Miranda: Yes, Derrick?

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

Miranda: Thank you, Derrick.

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

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

StevensonD: Yeah.

Kinney: Yes, I accept.

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

Hawkins: Yes.

Gordon: Hello?

Miranda: Cathy Dominique, yes or no?

Hauth: Thats Steve Gordon on the line.

Gordon: Hello.

Miranda: Is it Steve?

Gordon: Yes, it is. Steve Gordon.

Miranda: Steve, youve been nominated to fill the remainder of Ken Gerlitzs, uh time on the Board for the outlying area. Do you accept that?

Gordon: I do.

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

Hawkins: Yes.

[male voice]: No.

Miranda: Cathy Dominique, yes or no?

Colley-Dominique: Yes.

[male voice]: No. No.

Miranda: Harold Young, yes or no?

Young: Yes.

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

Smith: Lewanda?

Miranda: Mute phone when not speaking.

Smith: Lewanda, this is Gordon. How

Miranda: Yes, Gordon.

Smith: did the vote go?

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

StevensonD: [correcting Chair Miranda] Steve Gordon.

Colley-Dominique: Steve Gordon.

Smith: We we knew. [chuckles]

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

[00:12:45]

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

Miranda: Sure, Steve.

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

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

Gordon: Yes. Lewanda, Chairman person.

Miranda: Yes, Steve Gordon?

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

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

Gordon: Thank you, Chair Miranda.

StevensonA: Chair Miranda?

Jaynes: Chair Miranda?

Miranda: Art?

StevensonA: Ladies first.

Miranda: I didnt. Who was it?

Jaynes: It was me, Lin.

Miranda: Oh, okay, Lin. Go ahead.

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

Miranda: Thank you, Lin. Okay, Art?

StevensonA: Thank you, Chair Miranda. The first thing I would like to say is, for over a month now Ive requested that the Elected Committee hold a special meeting because things were going on, peoples rights were being violated in this program, and there were several critical issues going on that werent being addressed. And I want to know for the record that the Elected Committee refused to address those critical issues, which were actually violations of the Rules & Regulations of our law, uh of our program, which I find a very inappropriate thing that is going on. One of those is blind licensed managers being provided access to relevant information concerning this program, which includes whats going on at the Oregon Institute of Technology, whats going on at Portland State University. And, uh, several times even you, Chair Miranda, have requested from the agency to receive an explanation, information, and the Director of our program have has ignored those requests. And so I want it placed on the record that I think its very inappropriate that the Elected Committee isnt conducting business when business needs to be conducted and and that blind licensed managers rights are being trampled over and ignored and the Elected Committee is not taking action. One of the emails I sent out to our Director was asking an explanation for what relevant what definition for relevant he was using in denying me the access to this information that I was requesting. And he hasnt responded to it, Chair Miranda and Elected Committee, and thats his job; hes supposed to do it. The law says that the agency is supposed to provide us with this information. So, anyways, Im very disappointed that all this stuff is going on that our rights, everybodys rights are just being trampled on and ignored. Thank you.

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

Bird: Miranda. Jerry.

Miranda: Jerry.

Bird: Yeah, so to say really quick, I pretty well agree to that and its kind of a shame cause it, you know, we all need to know whats on the table and transparency and we all need to start doing roundtables so we all, you know, can look at this stuff: the good, the bad, weigh them out. And, you know, were business people, we should be able to decide whats best for our program using those things weve learned throughout the years, with research and stuff. But also, I want everybody to keep in mind, theres only one handbook that is active, that is current, and thats the 2001 one. You cant start using any of these other ten one people writ wrote in the past or the one that thats the Randolph-Sheppard Act. It is just paper written on right now until it goes through the proper process then becomes our our administrative rule. This one is the law and the rule, so please read that it says in it that you can sub-contract. Thank you.

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

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

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

Hauth: Yeah, this is Randy.

Miranda: Yes, Randy.

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

Miranda: Thank you, Randy. Any other comments?

Jaynes: Miss Chairwoman? Chair Miranda, could you please have whoever doesnt have their phone muted, so we can hear, when someone.

Miranda: Yeah, could everyone please mute mute your phone. I think it might be you, Vance, cause it sounds like youre travelling, but Im not sure.

Jaynes: cannot hear from Randy except some bits and pieces, so its really very distracting. Thank you.

Miranda: Thank you.

Bird: That mightve been by design.

[00:22:09]

Miranda: Any other public comments?

Haseman: I This is Linda Haseman.

Miranda: Yes, Linda.

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

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

Morris: Good afternoon, everybody. Im just trying to make sure

Miranda: Good afternoon.

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

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

Hauth: Chair Miranda?

Miranda: Yes, Randy?

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

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

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

Morris: I Im not attending to the pre-ETS calculation, Randy. Thats thats

Hauth: Okay. So, 15

Morris: thats not my job.

Hauth: Okay, well. So, 15%... I guess my point being, 15% was not provided. And then PETS as you guys know, Pre-Employment Transition Services will capture another 15% that cant be used, so were looking at what you guys projected, which many people believe is not, um appropriate amounts anyway. I know when we went into the listening session you hadnt even calculated in, like, coin counters and, you know, vending management systems and all that. So, if were starting off with 30% right off the bat in, you know against what what you guys projected, how is that going to work out? And also, you know, if you can kind of step us through that, where you guys are planning to get the rest of the money needed. And also, were not hearing anything about the vans. So, I know you know, wed like to have some of that information and maybe thats what Dacias going to talk about in her implementation plan, but I did want to bring it to your attention.

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

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

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

Hauth: Thats in past-due set-aside, Gordon.

Smith: Okay.

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

Morris: You know, it and I said that in the second quarter report, we had some stuff that was behind and we got some payments in for the third quart were in the third quarter now. So, you know, it ebbs and flows back and forth and it takes a lot of time for people to pay it back when theyve when theyve been behind.

Bird: Chair? Jerry.

Miranda: Yes, Jerry.

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

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

Morris: No.

Miranda: Okay.

Hauth: Chair Miranda?

Miranda: Yes, Mr. Hauth?

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

StevensonA: Chair Miranda?

Hauth: its a concern.

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

[00:35:21]

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

Female voice: [inaudible]

StevensonA: Whats that?

Morris: For oh, youre talking about

Miranda: March and May.

Morris: for the back-up paperwork? Yeah, itll be for the months of March and May of 2016.

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

Morris: Yeah, thats my thats what I was told, is the auditors picked those months.

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

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

Bird: Uh, Jerry Bird. One other question: Why why dont we get to know who who owes past set-aside if theyre still in the program? Can you at least tell us, are any members of the Committee past due people?

Morris: I Im not gonna talk about everybodys personal financials in a public meeting.

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

StevensonA: Chair Chair Miranda?

Miranda: Yes, Art?

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

Miranda: Okay.

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

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

Morris: Well, so, like I guess Im not not quite sure what the question is at this point, cause youre talking about set-aside spending, Art, and set-aside spending theres an itemized tab in the spreadsheet that talks about everything we spend set-aside on. So, when it comes

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

Morris: Uh huh.

StevensonA: I asked you why we werent given a breakdown of the Attorney Generals You want a breakdown of our expenses so you know that were doing things correctly and stuff like that. Well, we want to know whats going on with the AGs office so perhaps we can analyze and perhaps make suggestions on how we can save money. And if we dont know how youre spending the money in the different categories, on the different complaints, etc. etc. uh, we cant we cant make recommendations; we cant do anything. And thats why it is a very relevant piece of our financial picture and and we all deserve to know exactly where that moneys going, because this is our program, too. Just like you need to know how were spending our money to maximize our profitability well, we want to make sure our moneys being spent at the most efficient and effective way also. So, I believe its a double standard that the agency is holding us to and and denying all of us our rights.

Hauth: Chair Miranda?

Smith: Chair Miranda, this is Gordon.

Miranda: Yeah, Gordon.

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

Hauth: Chair Miranda?

Miranda: Yes, Randy?

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

Smith: Sorry, Art.

Miranda: Would you like to answer that?

Morris: Yeah, sure. Chair Miranda, I

Miranda: Just a minute, Randy.

Morris: Is it my turn?

Miranda: Yeah.

Morris: Okay. So, to respond to your question, Art, I think youre mixing apples and oranges, to be perfectly honest. If you would like me to re cause the report that Ive been submitting to you guys for God knows how long now, a couple years now, with the itemized pieces of the AG cost, I wasnt receiving any feedback from anybody about that and any recommendations on how we spend or how how we pursue things from that perspective. So, earlier this year I stopped doing that, cause it takes time to tabulate that and plug it in, to be honest. So, if its the if the Elected Committee wants me to start doing that and the members want me to start doing that again, I can I can attend to that. But theres no big conspiracy behind it. I just figured if nobody else was looking at it and really giving any feedback at all, then whats the point in doing it? You still get the total, you still see how much is being spent, so. But the idea of comparing that and program-relevant information to an audit of the financial books is, frankly, apples and oranges. So.

StevensonA: Um

Bird: There are staff people to

Miranda: No interruptions!

Bird: people to every

Miranda: Jerry!

Bird: managers [inaudible].

Miranda: Jerry.

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

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

Morris: Yes.

Miranda: Okay, Randy, you had a question?

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

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

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

Morris: Yeah, like I said, Ill have to put some thought behind it, cause I havent thought about it from that perspective.

StevensonD: This is Derrick.

[laughter]

Jackson: Itd be nice if you could just give us your opinion.

Miranda: Dont speak out of order, please. Go ahead, Derrick.

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

Miranda: Director Morris?

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

Morris: I dont know what to say to that, to be honest. I mean, its one of those things that, if a person wasnt making money and then they became more profitable I mean, thats not really a logical conclusion. If a person wasnt running a profitable operation and were able to turn that around and make them profitable if you were outside of the program, would the IRS go back and tax you for time periods where you werent profitable because

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

Morris: Yeah, I think

StevensonD: I mean, its kind of impossible, Eric.

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

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

Morris: Well, I think, to be perfectly honest with you, this isnt the time or place to discuss those kind of things. So.

Hauth: Yeah, Chair Miranda?

[00:49:38]

Miranda: Yes, Mr. Hauth?

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

[silence]

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

Morris: I am done.

Miranda: financial report?

Morris: Yeah, I am done, Chair Miranda.

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

Gordon: Really?

Miranda: [laughs] Yeah. Ill explain why. Um

Bird: Our program, huh?

Miranda: Yeah, so its going to be November Hey, okay, just a minute. So, its going to be November 5th, in Portland, at the agency. Were going to have some machines brought in and were going to have a presentation on the machines that will be available to us. Were also going to have time for on hands with the machines. And then thats the reason that we pretty much had to have it in Portland, because we cant ask them to bring the machines to wherever. Seven feathers, wed all like. And then, were also going to have Vistar come and talk about their company. Vistar is a distribution company which does, uh work in Grants Pass, Eastern Oregon, and all the outlying areas that, you know. I know, Derrick, youd said before that you had problems getting any kind of inventory product. However, they do deliver there twice a week. And then, thirdly, was John Murn, from the RSA buying group, is going to come and and present, as well. Any questions?

StevensonD: So, its going to be on the fifth only?

Miranda: Yep. Saturday.

StevensonD: Okay, just the one day?

Miranda: Yeah.

StevensonD: Okay.

StevensonA: Chair Miranda?

Miranda: Yes, Art?

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

Bird: Jerry Bird.

Miranda: Yes, Jerry?

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

Hauth: Chair Miranda?

Miranda: Yes, Randy?

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

Miranda: Not everyone has.

Hauth: Not everybody has filled their machine?

Miranda: No.

Hauth: Oh. Okay. Well, gosh, I guess Im wrong.

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

Hauth: Yeah, well thats what I said a little bit ago. But if you had a committee, you know, if you were inclusive and you welcomed peoples participation thats not what youre doing, Lewanda. But if

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

Hauth: I was talking. Thats a Code of Conduct. Please dont talk over me. Anyway, so, you know, if we had committees and if people feel welcome to participate and valued. I mean, we formed a financial committee, we couldnt get any information from the agency. Weve been ask

Miranda: Well

Hauth: You know. So, those are the type of things that I would just encourage going forward that we really need to do. We shouldnt you and I shouldnt be arguing against each other; we should be helping each other. So, those are the type of things that I would like to see in the future but you just try to do it all by yourself doesnt work.

Miranda: I didnt try to do it by myself. I sent out an email and asked for everyones input.

Bird: Lewanda, youre not getting to where that time

Miranda: I did with the committee.

Bird: Youre dictating and thats what pushes us away. We want to sit down at the table and be all you keep coming back, Well, whyd you do it? Well, Randy done it. They done it.

Miranda: I never said that.

Bird: Its time to stop. I dont care if it was done yesterday; lets get on board and do whats right. Sorry, I

Miranda: Ive had Ive had committees in the past and you guys bailed because you

Bird: You

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

Miranda: No.

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

[01:02:35]

Miranda: I

Smith: Lewanda, this is Gordon.

Miranda: Yes, Gordo?

Smith: Id like to speak in your behalf. I think youre doing a very good job and theres oodles of people in this program that it doesnt make any difference whether its right or wrong, theyre going to take the opposite side. So, keep fighting the battle.

Miranda: Thank you, Gordo. Okay, so well move on to nominations. And the first position just a second, you guys, my computer went to sleep. Well, I know what this is anyway. Okay, so its nominations and Eric, could you pull up the agenda just in case I need you to read this for me if I cant get this pulled up? I dont know what my computers doing.

Morris: Yeah, I got it.

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

Colley-Dominique: I nominate Lewanda Miranda.

Miranda: Okay, so was that Cathy?

Colley-Dominique: Yeah.

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

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

Miranda: Jerry Bird nominates Randy Hauth.

Hauth: Well, Jerry, I would like to say I I do accept that and I would just like to share with everybody, regardless of the current state of affairs, if I am elected as the new Chairperson I will fight for each one of you. The subcontracting thing will be the first thing on the agenda and the second thing will be the unassigned vending that the Commission is putting in their pockets. Thats just wrong. But, you know, Ive learned a lot over the last couple years and Ive learned that maybe I hadnt done everything perfectly right but, you know, Im committed to helping you guys and I dont think any of you can say I didnt help you over the years. And you guys also helped me. So, you know, if and when we get to that point and you cast your vote, I just want to promise you and commit to you that I, along with you as a team, will fight and advocate to help take this program back and make it the best it can be. So thank you very much, Jerry.

Smith: You bet, Randy. Uh, I didnt hear seconds to the first two.

StevensonD: Doesnt have to be a second.

Miranda: Yeah. Not not in nominations, Gordo.

Smith: Oh. Okay.

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

Stevenson: I move nominations be closed.

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

Bird: Well

StevensonA: Chair Miranda?

Bird: Oh, go first.

Miranda: Yes, Art?

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

Miranda: I dont agree with you, Art. DMV should be in that area. DMV was in that area and the only reason why we did a switch with Ann Wright was because she didnt want to work with certain individuals. But, as far as geographical, which is outlined in our bylaws, DMV should be in the Port uh, Salem 1 area.

StevensonA: Excuse me

Bird: Chair Miranda.

StevensonA: Uh, point of order again, Chair Miranda. DMV, uh, my area DMV is very, very close to me. And so geographical areas, if youre going by geographical areas, of course she moved from way across the north side of town not the north side at Lottery to way over to the other side of town, here. And Ann Wright I mean, that was that was the assigned area and you cant just change things when you want to cause you want to keep individuals off the Board. And and therefore I think youre youre out of order and youre manipulating this election and theres only five managers in Salem, so thats a 3-2 split and so you arent even evening things out or anything. Youre just manipulating the vote because you do not want Jerry Bird on the Elected Committee. And so, believe me, this is wrong and you are you are doing inappropriate things.

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

Bird: Lewanda

Miranda: argued this over and over, through emails

Bird: Lewanda! I would like to say something!

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

Bird: All right, but let me

Miranda: over and over through emails. [inaudible] my position. Um, if you dont like it and we dont agree, then you have other avenues that you can take.

Bird: Okay, I would like Id like to discuss this. I would like to comment

Miranda: Go ahead.

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

Miranda: How about it?

Bird: I mean, lets read them. I apparently you dont, but that he wanted to do on other things. It clearly says that we are broke up into you keep using that word like it depends on where you live. That could happen if thats the way we decided in the bylaws. It talks about Portland-1 and Portland-2, Salem-1 and Salem-2, and outlying areas. And definitely, we have a list of those people in that run a facility in that area. And bylaws, if youd read them, clearly said which I will read them for you so you guys apparently dont like them read on the thing but when Im done Ill read them so we can all listen.

Miranda: You dont need to do that. I think we all

Bird: Excuse me! If a person leaves their assigned area, they no longer can represent or be involved in that area. It makes sense. You try to do this with even whats-her-name today on the other one! I mean, come on! If Chars in my area, she didnt transfer out, thats fine. Im tired of you guys you think that you can just change an area at any time. No areas can be

Hawkins: Chair Miranda?

Bird: without going through the proper process! Which you do not have the authority to say, Im going to send her over here, because she doesnt like Jerry! Im going to send her over there because they dont. Well, they have to wait for elections like we did. But Im not gonna put up with you putting someone else in an area that is not even in that area, as weve done in these thirty years Ive been here, just because you think you can decide as a Chairperson. They dont say you have that decision. You shouldve done it through the through the BEC meeting, give us all what you wanted to change and all managers vote. Then youre cool! But for you to keep thinking you can change Derrick, Ill put Derrick over here! Ill put her over here!

Miranda: I didnt put Derrick anywhere.

Bird: sections. But I dont care, but you can you can look at you can look at all I can send you the last three elections and how youve changed them! You was involved in every one of them, Ch Lewanda!

Hawkins: Chair Miranda.

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

Miranda: Yes it is, Jerry.

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

Miranda: Okay, Jerry, your points made.

Bird: You know, its a little bit ago Oh, I read the bylaws. But you only read the ones that help you!

Miranda: Okay, Jerry, youve made your point.

Bird: Im just saying [inaudible] the laws. Thank you.

Miranda: Thank you.

[Multiple voices at once]

Miranda: Char.

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

Bird: Well, then none of the areas can be changed if thats what youre insinuating is

Hawkins: No

Bird: years ago it was changed. So now you want to say that it can be changed at a will of the Chairperson. Why did you guys change that? Just cause you didnt like the rep. Thats illegal too! Come on!

Hauth: Chair Chair Miranda?

Miranda: Well, that isnt the reason. Thats just your you your accusations. Go ahead, Randy.

Bird: Read the bylaws.

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

Miranda: Yeah, I saw it.

Hauth: Hopefully hopefully you read it. I know you saw it, but hopefully you read it and understood it. And I guess my concern is or my question is, when you keep saying that I made the decision. Or I dont see it that way. How did you make the decision relative to this decision?

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

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

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

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

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

Miranda: Yep, I did.

Hauth: Okay. Um, Eric?

StevensonA: Chair Miranda?

Hauth: Wait. Hold on, please.

StevensonA: Okay.

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

Morris: I dont think I have a position, Randy. If you look at the bylaws

Hauth: So

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

Hauth: Yeah, and then it does talk about when you vacate a facility and its clearly we can identify it I dont know if youve read the email and the documentation that I forwarded along to you and to everybody. But, I dont believe that its proper, especially with the agency being connected to the elections and the nominations. And clearly the BECC is a public body and so if there are, as you probably know this, if there are bylaws, then through the public meeting regulations, the BECC has to follow their bylaws. And it seems like its been hit and miss and all over the place. And it seems like, when Derrick got moved into my position and, to his credit, he said, Lookit, I was embarrassed to say this, but I was moved in there to keep Randy from getting back on the Board. Now, is this the same kind of thing thats happening with Char? I believe it probably is. So shouldnt the agency and and you, Lewanda, act with integrity and good faith and work for the betterment of this program?

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

StevensonA: Chair Miranda?

Miranda: if the agency looks into it and decides that that were wrong, then then well well change it.

StevensonD: Yeah, this is Derrick.

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

StevensonD: Okay, um, first, you know, this isnt a new thing. Its been going on for years. It happened when Randy was Chairman, it happened all through the thing and, you know I dont know how we how we got into the mess but we need to figure it out and Eric has to have some kind of a stance because the the Commission is is responsible to make sure that the elections are ran fair and he and in according to to the rules. So hes gonna have to make the final stance; that stance cant be made merely by just you, Lewanda. With all due respect, Eric has to has to read and get back to us if hes not ready to do so now, but we need to get I handled or its just gonna keep going.

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

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

StevensonA: Chair Miranda?

Miranda: [inaudible] that out?

Bird: Theyre from Eric Morris!

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

Miranda: Yes, Art?

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

StevensonD: Keep on topic!

StevensonA: I am on topic. So, anyways.

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

Morris: I will. Ill provide a report to everybody.

Miranda: All right. Thank you.

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

Miranda: Okay, thank you, Derrick.

Smith: Good point, Derrick.

[01:21:38]

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

StevensonD: I nominate Jerry Bird.

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

Colley-Dominique: I nominate

Miranda: Do we have any other nominations?

Colley-Dominique: I nominate Char Mckinzie.

Miranda: Whats that?

Colley-Dominique: I nominate Charlotta.

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

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

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

[unclear noise]

Miranda: Yes?

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

Miranda: Did you have something to say, Art?

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

Hawkins: Lewanda?

Miranda: Yeah, Char?

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

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

Bird: Did she accept?

Colley-Dominique: I will accept

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

Colley-Dominique: Yeah, I will accept.

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

StevensonA: Chair Miranda?

Miranda: Yeah.

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

Miranda: We will make sure that Yeah.

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

Miranda: Okay.

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

Miranda: I know.

StevensonA: in in

Miranda: An impartial

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

Miranda: Do you have any idea any suggestions?

StevensonA: Um

Bird: My mother!

[laughter]

Hauth: Chair Miranda?

Miranda: Yes, Randy.

Hauth: Yeah. Art, I think your wife Nikki is honest, integrity-driven and reputable. I dont know if shell be in attendance or be available to do that, but thats one of the one of the people that I would think. And the other one is Karen Smith. I think she

Miranda: Yes.

Hauth: holds those same values.

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

Smith: Yes.

Miranda: So, would Karen accept that?

Smith: Yes.

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

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

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

[laughter]

Miranda: How about Karen Smith, cause Gordos not running?

Morris: Chair Miranda?

[01:27:02]

StevensonA: Well well, I believe Heres heres my thoughts on this: I believe that a registered notary public to certify to certify

Smith: Oh my god.

Miranda: Youre getting ridiculous.

Morris: Chair Miranda, its Eric.

Miranda: Yeah, Eric?

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

Bird: Wait a minute! The majority are women!

[laughter]

[womans voice]: Hi, Donald!

Miranda: Okay, so Art, youre not comfortable with Karen Smith?

StevensonA: Um Chair Miranda, I I, like Eric

Smith: I will withdraw Karens, uh

Miranda: Okay, Gordo.

Smith: vote to be on this.

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

Smith: Oh, God, yes.

Miranda: Yeah. So, Eric youll look into it that the?

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

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

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

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

Hauth: Why wasnt anybody involved or informed of that? Why do we always have to learn about it just during the meeting? And again, how were the decisions made?

Bird: Thought it was our program.

Hauth: And when?

Miranda: When? I dont know exactly when. It was, uh I dont know, a month well, it was after it was after we found out that the money came in and that is our job, as the Elected Committee, to negotiate with the agency.

StevensonD: Yes, but not in private.

Hauth: Okay.

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

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

Miranda: Well, if you read if you read the rules and regs, its our job to do that.

Hauth: So, youre justifying that its better not to inform and involve the managers whose livelihoods are relative to this decision? And just to go and meet in secret?

Miranda: It wasnt in secret. I told all of you that we were going to be negotiating with the agency.

Hauth: Yeah, well thats one reason why you should probably not be the Chair any longer Lewanda, cause youre just doing so many things behind the scenes and not for the betterment of the managers of the program. Its just a shame.

Miranda: Well, at least Im not assigning half of the program to myself. Thats one thing.

[01:31:40]

StevensonD: All right. All right. All right.

Jaynes: Oooh. Out out of order.

[male voice chuckles]

Bird: Thats why she is not suited for this job.

Smith: Hey, lets knock it off, you guys. Every last one of you.

Miranda: Okay, Ms. Johnson, youre up.

StevensonD: This is Derrick.

Miranda: Yes, Derrick.

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

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

Miranda: Okay, thanks. All right, Dacia. Youre up.

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

[An unmuted phone is making it hard at times to hear the speaker.]

So, as a result of that, we shifted and extended the implementation time into next biennium. So, instead of trying to rush and get it done by June 30th of 2017, were going to allow that to continue. And it, uh we wouldnt continue through the entire biennium, but we would not have the hard stop of June 30th of 2017. So thats the first point. And that really was intended to be supportive to the managers so we can phase this in in a way that allows us to do it right and allows all the necessary supports to go around the managers that are affected by it.

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

I want to encourage all of you, um there were some questions about the the other supportive services related to the the shift to direct service in terms of the the vehicle and all of the necessary equipment. If you dont have a current vocational rehabilitation case open, my encouragement is is that you start to prepare to open up a vocational rehabilitation program that will start planning and again, start planning in terms of when we get to the implementation in your area, that you are ready to secure all those support services. Our intent would be to use vocational rehabilitation dollars to be able to get, um, you the necessary pieces for your business in order to be successful.

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

[01:39:04]

Miranda: Okay, thank you, Dacia.

Hauth: Yes, uh, Chair Miranda?

Miranda: Yes, Randy?

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

Miranda: Are you asking Dacia?

Johnson: Is that a question, Randy?

Hauth: Yes. Its my understanding, correct me if Im wrong, that clients of the agency can choose their training?

Johnson: Cathys rides here.

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

Johnson: So I Im not cert Im not understanding the

[male voice]: Of course not.

Hauth: So, if I if, lets say, for instance, I wanted to choose a different form of training or support than the Hadley because, actually, even though the Hadley provides some good-quality training, it doesnt provide the kind of comprehensive, diversified training that I would need to implement my plan. So, I could come in and select a different mode of training, correct?

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

Hauth: What I can tell you, though

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

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

Johnson: Randy, I I dont know anything about your specific skills and experiences so Im in a public meeting going to suggest that I do. What I can tell you is that we have the full commitment of, um, having the resources in place for folks to be successful. We think that weve already built in, based on our listening sessions and our work with the Elected Committee, a good start and I encourage all of you, as we did in February during the listening sessions, for you you all to be thinking about what you need and then be reaching out to the agency and the vocational rehabilitation counselor to start preparing that. So, awaiting your stage in the implementation, if you feel individually that your preparation process will take longer then maybe the agency has anticipated. I suggest that you would start as soon as possible in that process.

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

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

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

Johnson: Uh huh.

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

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

Hauth: So are they clear

Johnson: rehabilitation services, we do that as part of the regular budget cycle. So we already have funds in place for serving, um which many of you have taken advantage of previously, weve never asked, you know, specifically for services that are already budgeted for for Business Enterprise, any more than we do in our regular budget. We dont account in the B.E. budget services that you receive out of the vocational rehabilitation program. Weve never done that before.

Hauth: Okay, well thank you.

Johnson: Yeah.

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

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

Bird: Jerry Bird. Quick question.

Miranda: Go ahead, Jerry.

Bird: Yeah, I I just want to ask a direct get out of the you know, cause of politics I just dont like it. But, okay, I like the fact youre saying volunteers, people that want to implement this program are we are, Come join us, you know. I love that. But what I dont like is I havent quite got it for a minute and then youre saying it, once we do and all the volunteers that are willing to do it on their own which is cool. I mean, Im glad. Go fill them. Once again, I have not been told if youre going if youre going to tell me that its illegal. And now and all I can get from you is, Were going to start implementing. And once all the volunteers are gone, the people that are willing to, you know, whatever it is. Which is, like I say, a good thing. God bless em. And then youre just going to start marching from Portland down the I-5 corridor and we will take over each one of your vending machines as we feel appropriate. I mean, thats kind of sounds crazy, but thats kind of what I got in a in a big term. I I got nothing like, This is illegal and we will stand by the thing because blind people just cant have the same rights as sighted people and we refuse to let them make their own decisions in this program. We will be their parent. We and we are the kids. I hate to say that too, people, but its true. God, were business people! I mean, I its my same little talk