BUSINESS ENTERPRISE PROGRAM of OREGON

BECC meetingNovember 05, 2016

4:00 PM

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

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

AGENDA

1. CALL TO ORDER – Chair Miranda.a. Roll callb. Disposition of minutes: July 28, 2016 meeting and September 29, 2016 meeting

(action items)

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

3. TRAINING & EDUCATIONa. Elections

Chairperson Nominees: Lewanda Miranda, Randy Hauth

Salem-1 Nominees: Charlotta Hawkins, Jerry Bird

Portland-2 Nominees: Cathy Colley-Dominique, Derrick Stevenson

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

5. DIRECTOR’S COMMENTS

6. NEXT MEETING – Chair Miranda

7. ADJOURNMENT – Chair Miranda

VERBATIM[Started at 00:03:09]

Miranda: Okay, we’re going to call this meeting to order. I’ll start with roll call, um, with the Elected Committee. Steve Gordon.

Gordon: Present.

Miranda: Harold Young.

Young: Here.

Miranda: Charlotta Mckinzie.

Hawkins: Here.

Miranda: Cathy Dominique.

Colley-Dominique: Here.

Miranda: Tessa Brown’s not with us and Lewanda Miranda is here, so we do have a quorum. Uh, membership: Art Stevenson.

StevensonA: I’m here Madame President. I mean… yeah.

[Chuckles around the room.]

Miranda: Jerry Bird.

Bird: Here.

Miranda: Carole Kinney.

Kinney: Here.

Miranda: Derrick Stevenson.

StevensonD: Here.

Miranda: Gordon Smith.

SmithG: Here. Can I say something, Karen?

SmithK: Yes.

[General laughter]

Miranda: Lin Jaynes. [Silence] Lin Jaynes? [Silence] Randy Hauth.

Hauth: Here.

Miranda: Steve Jackson.

Jackson: I’m here.

Miranda: Salvador Barraza.

Barraza: Here.

Miranda: And is there anyone by phone? [Silence] Okay, agency.

Morris: Eric…

Miranda: Eric.

Morris: …Tom…

Miranda: Tom.

Morris: …Kathy…

Miranda: Kathy.

Morris: …Mark…

Miranda: Mark.

Morris: …and I’m not sure if Art’s still here.

Barraza: He left.

Morris: Art had to go so, four out of five.

Miranda: And visitors?

Gacos: Terry and Nicky.

Miranda: Terry Smith. Nicky.

Gacos: Here.

Moore: I guess I’m a visitor. I’m a Commissioner.

Miranda: And Jeanne-Marie.

Jaynes: This is Lin Jaynes.

[Male voice]: Lin Jaynes just…

Miranda: Oh, hi, Lin. Lin by telephone.

Grulick: Luther Grulick.

Miranda: Luther.

Wallace: Pat Wallace.

Miranda: Pat Wallace. Any other visitors?

MirandaO: Oscar Miranda.

Miranda: Jose Miranda. Oscar. Okay, disposition of minutes. We have two of them here. We’ll have to do each of them individual. First is July 28, 2016. I’d like to make a motion to accept the minutes. Do I have a second?

Gordon: I second.

Miranda: Steve…

Hawkins: I second it.

Miranda: …Steve Gordon seconds. And we’ll do roll call vote. Harold Young.

Young: Yes.

Miranda: Yes. Char Mckinzie.

Hawkins: Yes.

Miranda: Yes. Cathy Dominique.

Colley-Dominique: Yes.

Miranda: Yes. And Steve Gordon.

Gordon: Yes.

Miranda: Lewanda, yes. Okay, and then also I’d like to make a motion to adopt the meeting minutes for September 29th, 2016. Do I have a second?

Hawkins: I second.

Miranda: Char Mckinzie, uh… Hawkins seconds. And roll call vote. Steve Gordon.

Gordon: Yes.

Miranda: Yes. Cathy Dominique.

Colley-Dominique: Yes.

Miranda: Yes. Harold Young.

Young: Yes.

Miranda: Yes. Char Mckinzie.

Hawkins: Yes.

Miranda: Lewanda’s yes, so they both pass.

Moore: May I ask a question?

Miranda: Yes?

Moore: So I was… I listened to that meeting. It was four hours long, I think.

Miranda: Mm hm.

Moore: And at the end of the meeting some of the people who voted right now weren’t even there still. So I feel confused about… Are you guys that weren’t there any more just approving the minutes because they were written?

Miranda: No, the minutes have already all been out. So, um… we are continue… That was a two and a half hour meeting and so that’s what… what we’ve just now adopted. And…

Hawkins: And there weren’t any motions when there weren’t people there.

Miranda: And so the…

Bird: Why did all the people drop off the phone?

Miranda: So, the… the last part of the meeting is… is now going to be on this meeting, after elections.

Moore: Okay.

Miranda: Okay.

Moore: Thank you.

Miranda: Uh huh. 2. Public Comments. Three minutes per person, one time per person. And anyone that would like to speak about the positions they’re running for, this would be a great time to do it, too, if you’d like. Do we have any takers?

[00:07:26]

Bird: I’ve got a comment. Jerry.

Miranda: Jerry Bird.

Bird: Yeah, I’m just wondering… I was at our last meeting and all of a sudden we go to ask where our Board members are and they’ve all left. What… is that appropriate stuff for Board members to do?

Hawkins: Jerry, I apologize, if you need a public apology. I was in a… a rehearsal dinner in South Carolina and I tried my hardest to be at the meeting as long as I could, even excusing myself from their dinner. And… so I’m sorry I couldn’t be there the whole two and a half hours.

Colley-Dominique: And I also apologize. I thought I had allowed enough time… time. My ride was there. It’s a long walk from Portland to Gladstone and I had to leave. Anyway, I apologize.

Young: I guess that leaves me. I’ll apologize too because my ride did come to pick me up ‘cause it went a lot longer than anyone anticipated. So.

StevensonD: Yeah, I only have one thing: You know, I understand that you guys all had reasons and stuff, but to leave without saying that you’re leaving was improper. That’s… that’s the part to me that was improper. You should’ve said, “I’m sorry, I have to go.” So that we knew we didn’t have a quorum ‘cause we were doing a lot of discussing and things were going on and you guys just disappeared and didn’t even let us know. If you’d’ve let us know, then it wouldn’t be a problem.

Young: Yeah, I was on there until I think 5:30. I don’t know how much longer it went after that.

Miranda: Okay, do we have any other public comments?

StevensonA: Madame Chair?

Miranda: Yes, Art?

StevensonA: I’d like to add to that. First of all, I’d like to say, “United we win, divided we lose.” And then, also, I’m… I’m going to say again that we had that meeting over three weeks ago and membership requested that a meeting be conducted because we needed to finish our business; a lot of things going on and we did not get to finish that business. Oftentimes, there are managers who are concerned about issues and have asked the Elected Committee to hold a special meeting because they had issues that needed to be addressed. Yes, you are our representatives, but when there are issues that need to be addressed that we believe are critical, uh, to be just ignored as managers, this… this… this is not just the Elected Committee’s program, it’s all of our programs. And when we have issues that we need… that we believe need to be addressed and get information on what’s going on… We… we’ve been waiting forever to find out about the Oregon Institute of Technology and, of course, that bid’s probably closed. There was really no active participation because the Elected Committee did not conduct any meeting. We have no idea what’s going on. We just found out about this commissary thing and, Chair Miranda, you told me that you didn’t know about it until just now. It is very, in my opinion, disgraceful in what’s going on between the managers, the Elected Committee and our participation. And this… this really needs to stop, I think, because, you know, opportunities are being lost, we’re not getting to say things. Terry Smith said today, “Rules… if you write rules, then you can… you can make it so if a manager, like Derrick down south, wants to do something, that… that we could write complete and appropriate rules to make these kind of things happen. And if our Elected… if our… Our Elected Committee needs to be dedicated to

those kind of things. And we’re not spending enough time doing the things that we need to be doing. I know managers want to participate because I’m of them. And things gotta change…

Morris: Three minutes, Art.

StevensonA: …or we’re going to die.

Miranda: Okay, thank you, Art. Any other public comments?

Hauth: I’d like to make a comment. But I would also like to reserve my right to speak during the next business item about the elections.

Miranda: Okay.

Hauth: Anyway, I do… Hi, everybody. It’s nice to see all of you here. I haven’t seen some of you for quite a while, but I do want to share and talk about the elephant in the room and that’s the subcontracting issues that we’ve been dealing with for quite some time. My belief is that, to try and mandate an anti-subcontracting… is legally… is not legal, not supported by RSA, not supported by the consumer groups that I… as I understand it. It’s also potentially an American with Disabilities Act violation because the… the Commission for the Blind, as a public institution, utilizes subcontracting every day. For the agency to try and prevent a disabled group, such as us, and infringe upon our rights to do that… potentially treading on a slippery slope. I support… part of my candidacy, which I’ll talk about later, is to work collaboratively with our partners and with the different consumer groups out there and with the agency to allow those who choose to be provided equipment, and choose to fill their own machines or hire their own employees but not to infringe upon the rights of a higher level management. You know, I believe the amendments in ’74 allow for a higher level management and for the agency and that feeble AG Opinion to dictate that we all march in line is improper. And I hope we can find a way to all work together. I know the Committee has publically stated that they don’t support it, even though a position hasn’t come out officially. So, hopefully we can find a way to work together and address this moving forward. So, I just wanted to share that.

Miranda: Thank you, Randy.

Hauth: You bet.

Miranda: Any other public comments?

Jackson: Can I say something?

Miranda: Sure, Steve.

Jackson: I’d just like to notice that Tessa Brown hasn’t been to the last two, maybe three meetings and I’m just wondering, is she okay, first of all. And also, I’d like to talk about the subcontracting thing and I’ve noticed that Nicky Gacos said he serviced about 60 or 65 machines but he also mentioned that he subcontracted ten of those. So, to back up what Randy says, I think it’s a good idea to give us managers an option as… as businessmen and –women

and not mandate it because I believe that’s the proper way. And I think that’s what the law says and I think that we should have the option.

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

Gordon(?): Chairman Miranda, we had another gentleman over here had a question.

Grulick. Yeah, it’s Luther.

Miranda: Okay, Luther.

Grulick: Thank you. I know Robert’s Rules of Orders says three minutes in a public forum but I think it would serve everybody, and I raise this issue at every committee meeting that I go to and every committee I’m on, some of the comments, the three minutes would be more appropriate in old or new business. So if the Board would be interested in considering that it might be something that would serve everybody well. Thank you.

Miranda: Thank you. Any other public comments? [Silence] Okay, hearing none, we’ll move on. 3. Training and Education, and we have elections. So, we have received some electronically, Director Morris has and… who’s here to pass out ballots.

Riesmeyer: I can do that.

Hauth: And I do want to speak also, before the vote happens, Lewanda.

Miranda: Okay. Oh, just a minute. Before… well, before anybody votes, Randy would like to speak. So I’ll tell you what the positions are. We have Chairperson: Lewanda Miranda and Randy Hauth. Salem-1: Charlotta Hawkins and Jerry Bird. Portland-2: Cathy Dominique and Derrick Stevenson. And if anyone would like to speak, just let me know. We’ll start with you, Randy.

Hauth: Okay. Thank you very much.

Miranda: Mm.

Hauth: I’d just like to say, from the bottom of my heart, that I’m… I’m saddened that we haven’t been able to work together over the last couple years. There was a time, not too far back, that we were all clicking along and we were marching up the hill and we were actually making some constructive change. Even though we didn’t agree with everything, you know, in its entirety we seemed to be able to find our way as a group to be able to work for each other and on behalf of each other and on behalf of the program. And I’ve seen recently that go away and I’m not blaming fault to anybody but what I would say is that, um… you know, together we can do so much and divided we can do so little. So, regardless of the outcome of this election, it’s imperative that we work together. With that being said, you guys know I served as Chair for, I don’t know, ten years or so. And it’s not a glorious position, as you know, Lewanda. I mean…

Miranda: Right.

Hauth: …the person who’s the Chair or the person on the Board a lot of times takes a lot of heat, sometimes deservingly, sometimes not deservingly, right?

Miranda: Right.

Hauth: But what I would say is, I stand ready, willing and able to serve in that capacity, to work together with all of us and get this train back on the track. What I see happening is the agency, in my perspective, imposing more and more of their will, limiting more and more of the communication that occurs. Case in point: the commissary. Case in point: Edith Green, the vending being stripped away. Case in point: the closing of Charlotta Mckinzie-Hawkins’ location. Case in point: Ken Gerlitz. You know, all these things are happening and when I ask Eric, “Why is it happening?” Or, “Who made that decision?” He replies and says he did. Well, I think we all know that it should happen differently than that. I believe that I could be, along with all of you, a voice of bringing us all back to the table and protecting our rights and protecting the rights of the program; doing it through special meetings if we do need to. Um, doing it through the formulation of committees, doing it through working with RSA and making sure the rules we have in our program are benefitting the managers, not simply and administrative tool. So, you know, I just would really encourage you guys… this vote today, I believe, is so crucially imperative for the future of our program. You know, I serve on the Board of RSVA. I serve on the NAVA Board, which is a sister to the NAMA Board. I’ve become very involved with our private vending partners, lobbyists, our legislators. I think, with all of you, if you give me a chance to work with you guys again, I think we can get back to the table and we can make more money. We can have our choice protected and we can do the things that we need to do to encourage our agency to keep… and continue going in the right direction. So, thank you very much.

[00:20:47]

Miranda: And I’d like to say that I’m very sad about the way… the condition of our program and the division that we have and that, regardless of how the elections go, I’m willing to work together for the betterment of the program. I’m willing to work with the agency, the commissioners, the Governor’s Office, the legislature, and all of my fellow managers, even though we don’t see eye to eye, I’ll work very hard to figure out a way to make that happen. And, um, I love this program and I stand ready to serve in this position for another two years. Would anybody else like to speak, starting with Jerry or Char?

Bird: Well, I’ll speak. I also am very concerned about our present course. Char has never contacted me one time. I talked to Sal; not one time to Sal. You know, I’ve been in this program 20… almost 30 years and I… I was the first one to do the vending. And I’ve stood up for you guys and I… I took a hit on… on Chemeketa. I could’ve went and agreed with the division within and be a happy guy. I said no because you guys didn’t want me to say we had to start paying commission. I’ve spent over a hundred thousand dollars of my own money on attorney’s fees for the benefit of you all. I’ve… I’ve… I’ve… hundreds and hundreds and hundreds of hours of

reading laws, understanding them the best I could to… to help the rest of you to know what your rights are in the program. And then, to top it off, we even have areas… regions change, with Char moved to another place and they still want her in this one which, you know, just isn’t right. I mean, the bylaws are the bylaws and I know Lewanda said, “Well, she was in there at one time.” Well, so was… so was Derrick in a different place at one time. There was a lot of people; that has nothing to do with this time. She… she bid out of it. But now you’re going to allow her to stay in to be our rep, that she’s not even in our group, for me and Sal. You know, not a word. It’s like… it’s like… like she just been her… her personal thought and votes has been for her. She don’t ask me and Sal. Has she ever called you, Sal?

Moore: Jerry…

Barraza: No.

Moore: I’ve got to say… I’ve got to stop you. I mean, I’m not running this meeting, but I have to, as a Commissioner, say…

Bird: Okay. I understand. But anyway, I’m not really trying to put [Inaudible] down like that. I’m just saying that, you know… we… If you want this position, you got to do stuff. You got to call people. You’ve got to try and work with them and find out what your constituents want. You’re our messenger, so that’s what I’m hoping that y’all do is decide on, you know, who is knowledgeable, who’s going to help this troubled time. Thank you.

Moore: Hey, can you guys on the phone either put yourselves on mute when you’re talking, that would really help us a lot. Thanks.

[00:24:22]

Miranda: For those of you on the phone, will you please mute? Thank you, Jerry. Char, would you like to say something?

Hawkins: I don’t know what I’d even say. Only to the fact that I do care about the program. I care about the good of all of us, not just a few, just for the whole program. And I feel like I haven’t missed even a Board meeting or even a meeting, maybe three or two in the last 18 years. I do care. I do read my email. I do try and respond. I feel like, Jerry, since you publicly, verbally attacked me at the Capitol building, I… if you would like to say anything, I guess in writing would be the best way. I just have a hard time dealing with… you know, I know how you feel [Inaudible]. I will try to do my best if I’m elected again and… that’d be all I can say.

Miranda: Okay. Thank you, Char. And, uh, Derrick, would you like to say something? And Cathy.

StevensonD: Yeah, I… I think I have the… the demeanor and the experience to help… help the Board and help… help all managers in the program. I think, you know, it’s one thing to say you… you read the laws and that you care about the program and stuff, but if you’re not willing to file the complaints that need to be filed and stand up for… for the people that are expecting you to stand up for them and fight for them. When… nobody likes to file complaints but,

unfortunately, that’s the only avenue we have to correct situations and problems. The only way that we’re going to ever be able to sit down and have a… and have a face-to-face conversation with Dacia and Eric in a room that’s not… where there’s no real time limit and everything can be discussed… you have to be willing to… to… and know how to file these complaints and follow up when things don’t go right. And, you know, you got… there’s… there’s many steps to do a [Inaudible] process and you have to be confident in yourself that you can… you can do those things. I do not, you know… everybody knows I love Cathy to death because, you know, she’s my friend. But, unfortunately, she just is not assertive enough to… to do the job that needs to be done when you’re sitting on the Board. [Inaudible]

Miranda: Thank you, Derrick. Cathy, would you like to say something?

Colley-Dominique: Well, I… do feel like I have taken a lot of time and done… things, although I do admit that I don’t… I don’t respond well to… a lot of the things that are being said about our Board…

Miranda: Criticism.

Colley-Dominique: … criticism and stuff. And so I… I… doesn’t mean that I haven’t called Eric and… and said how I felt and that it wasn’t right, or that I haven’t called Dacia and said a few things that I thought she needed to hear. I just don’t do it publicly and I don’t do it in emails and I don’t… so I… I am proud to be on the Board. I love this program with my whole heart. I’m grateful to have a job and, if I’m not elected again for another… another term, I’ll still be happy to do what I can to promote our program.

Miranda: Okay, thanks all of you for sharing. And have the… could you please pass out the ballots and…

Riesmeyer: They are passed out.

Miranda: Okay. So, if everybody’d like to vote and get them back in…

StevensonA: Who’s… who’s counting the ballots? Is… is our representative here?

Riesmeyer: Yes.

[Female voice]: The League of Women Voters.

Miranda: Yes.

[Male voice]: I’m doing it.

Miranda: The Women Voters League sent the representative to count the votes for us.

[Male voice]: We need pens.

Miranda: Does everybody, oh… Director Morris, do you have ink pens for people?

Morris: I have a 20/20 pen that I’m… I’m passing around.

MirandaO: Who needs a pen? Harold?

[General chatter]

MirandaO: Anybody else need a pen? Art, you need a pen?

StevensonA: I submitted my ballot already.

[Licensed blind managers fill out their ballots.]

Moore: Well, I would like to take this moment, since you guys are voting, to remind everyone, it was only because it was one of the things I did, that… worked at the Secretary of State’s Office so that people could vote by email. [Correction: She means vote by mail.] Tuesday isn’t here yet. You can still get the email ballot from your elections office and you can’t mail it back but you can get it and drop it off in a drop box.

[Male voice]: Nice.

Moore: It was a model program and other states are now following our example. So please, please excessively vote.

StevensonA: Madame Chair?

Miranda: Yes, Art?

StevensonA: I… I want to thank Commissioner Moore for caring enough to come up because I know you were a blind licensed manager in California…

Moore: I wasn’t a blind licensed manager.

StevensonA: Oh, you worked at one. Okay. Yeah, point well taken. But… but… but, I… I want to… I want to… I want us to thank her for caring enough because she knows there are things going on in the program that need fixed. And… and she took a part… she didn’t have to because it isn’t required as a Commissioner, to come here and listen and meet you guys and stuff like that. And… and I know she’s accessible, as a Commissioner, and so that you guys… in fact, she has a new email address…

Moore: It’s true.

StevensonA: …that… that… that I will make sure that you guys all get so that you can send her an email, as a Commissioner, if you got some questions, concerns, or any of those kind of things. But I want to… I want to thank her for…

[Applause]

StevensonA: …because there are Commissioners that have never attended…

[Male voice]: True story.

StevensonA: …a… a… an…

[Male voice]: We’re just one percent.

StevensonA: So… but… you know, I’ve urged Commissioners to get more involved and hopefully we can really work at communicating and educating them. And I know Jeanne-Marie is learning a lot and… and she will help. But we do need to have a Commission Board that really understands the program from our perspective, not just the agency’s perspective.

Jackson: Did everybody get done voting?

StevensonA: So, thank you, Jeanne-Marie.

Moore: You’re welcome, Art. Thank you very much.

Riesmeyer: If you’re done with your votes, I… you can fold your ballots in half. I will take it and give it to Fran from the League of Women Voters. I will not look at your ballots.

Jackson: I need that in writing, sir.

Riesmeyer: Okay.

[Laughter]

Jackson: Just kidding.

StevensonA: How many… how many electronic ones were received?

Riesmeyer: Six.

StevensonA: Six?

Riesmeyer: Yes.

StevensonA: From six different managers?

Riesmeyer: Correct.

[Laughter]

[Male voice]: From one person! It was all from one person!

Moore: Art, I do not approve that message.

[Laughter]

StevensonA: Well, that’s all right.

Morris: I was talking to Terry earlier today and we were talking about the DOD comments and it was 4700 comments and Terry told me that, uh, one state had, I don’t know, a third more

comments from blind managers than there’s actually that many blind managers in that state. So, they… they really got after it. They did a lot of commenting from that specific state. So, um, yeah.

[Male voice 1]: Vote often.

[Male voice 2]: Yep.

StevensonA: So… so, how many managers here just… because I know everybody got it, just clap your hand if you did respond.

[Voice]: Electronically?

[Female voice]: Respond to what?

StevensonA: Yeah. To… to… to that… to the request to write in.

[Clapping]

[male voice}: Yeah.

Miranda: Oh, yeah.

Morris: The agency responded, too. Not in a form letter…

Young: I think my wife did, too. So, she did me twice.

Miranda: My family…

MirandaO: We got all our family. We’re about 60 in our family, so we did all of them.

[Laughter]

StevensonA: We got almost a hundred percent participation from what I’m hearing. Well, at least in the ones we’re hearing, huh, Gordo?

Hauth: Well, unfortunately, our program is way under that, not only nationally, but in a lot of states. We’re trying to play catch up with just a couple of folks. So, too bad.

StevensonA: We’ve got so much here that we could be taking advantage of.

Moore: It’s actually been pointed out to me by someone that doesn’t work here that this is the [Inaudible] that seems to have… and this is the part that I’m waiting to see if… if we can change. It’s the only state where the State Licensing Agency – I figured out that’s what SLA means.

StevensonA: Yep.

Moore: When I was growing up it meant something totally different. – Fights… fights with the managers instead of fighting with the managers for stuff. So it’s very interesting. And I really hope that can change.

Hauth: I’ve noticed that.

StevensonA: It’s… it’s going to.

StevensonD: … the error of the managers…

StevensonA: It’s going to change, in one way or the other.

Hawkins: I was a little shocked to hear, but…

StevensonD: Been that way beyond 30 years.

Hauth: Well, they just, you know, keep… I believe… my… they just keep handing off the baton to the next person that was in line to move up the ladder. It’s not, like, been a divergent change. My opinion; that’s what I see. It hasn’t been like they brought in new leadership, you know. Why we pushed and fought so hard for Joe Cordova, or whoever it would’ve been to come in, because when you’re connecting those… connecting those dots it, you know, hard to break that chain. So.

StevensonA: Well, the truth is, every time we have said, “No. You need to be doing it,” the program got better. And the perfect example is when they pushed back for the roadside rest areas, which was mostly pushed by Jerry Bird. When I pushed back and we got the prisons because my grievance got us into the prisons. And everybody needs to understand, until the agency changes and works for us instead of against us, we have to continue that. And once… once they don’t, then we can… we can be happy. But you heard Jerry, uh, Terry say, “Hey, you can write rules to do…

Morris: [to Miranda] Fran from the League says she can read the results.

Miranda: Okay. Does she need this?

Morris: I figured [Inaudible]. You guys are good. Sorry. Just came and swiped the mic. Fran’s… Fran from the League of Women Voters is back… is back there tabulating the results. So we’re just waiting on her.

SmithK: Did that cost us… the program some money to have someone outside come and count?

Morris: No.

Moore: No. Not from the League of Women Voters.

SmithK: Oh. Okay.

Moore: No, the League of Women Voters is such an incredible organization. They put out a… they put out an election guide every year and that is now circulated through the library system of ours if anyone wants it.

SmithK: Right. I got mine. I just wondered if we paid.

Moore: No. They do stuff like this all the time for free.

[General chatter]

Dyke: Okay. Madame Chair, may I announce the vote?

Miranda: Yes, please.

Dyke: Okay. First of all, let me tell you that everybody who voted, voted for all positions, so there were 15 total votes. The person with the most votes for Chair was Leranda… Lewanda Miranda. The person with the most votes for Salem-1 is Jerry Bird. And the person with the most votes for Portland-2 is Derrick Stevenson.

[Applause]

StevensonA: Whoo!

Hauth: All right!

Riesmeyer: Okay, Lewanda, microphone coming your way.

Miranda: Thank you. I don’t remember… do we switch now, or…?

Hawkins: Yeah.

Miranda: We do?

StevensonA: Yep.

StevensonD: No, I’m good. She can stay there.

Miranda: All right, let’s switch. Come on, Derrick. Jerry.

Hauth: Congratulations [Inaudible].

[Changing of the guard.]

Smith: Char, Cathy, thank you for serving.

Miranda: Thank you very much, Char and Cathy.

[Applause]

Miranda: Is everybody up here?

[00:41:37]

StevensonD: I’d just like to thank everybody for their vote and I promise to do a good job.

Miranda: Okay. 4. Is Old Business and a. is RSA monitoring. Eric, could you please… Director Morris, could you please give us an update?

Morris: Yeah. I reached out to Jesse earlier this week to try to find out what was going on because I’ve had zero communications from him in about a month. And so he has not called me back. So, last time I talked to him he said that they were actively trying to recruit for Deanna Jones’ position and that they were going to come out after that was filled and that was… he was… he was thinking, like, mid-November, but I have had no update on it [Inaudible].

Miranda: Okay. Thank you.

StevensonA: Madame Chair.

Miranda: Yes, Art?

StevensonA: I did… I’ve known Jesse for quite a while and I have had a conversation with him. I know that he… is planning… of course, now that they’re short-handed, he is planning to, even before they come out, to have a meeting with the Elected Committee and discussion with managers on their questions and concerns. So, just… just so you know that because I am very, very concerned, I think the sooner they come out the better. The soon… you know, and everything is kind of looked at and we can start moving forward and doing things better than what we’re doing it now.

Miranda: Okay. So we’ll wait to hear from Jesse and get that information out. 4.b. is locations not being secured. So, an update please, Director Morris… on several locations that we sent to you via email prior to this meeting.

Morris: So I… I know Art Stevenson brought up OIT. Um, OIT… I had a brief conver… this was back several months, it was back in July… had a brief conversation with them about vending and then they promptly issued an RFP the following week, which I wasn’t aware of and didn’t know that they were intending to do that. And we did not respond to that RFP. So.

StevensonA: Madame Chair?

Miranda: Did you not respond to it because you weren’t notified or did you have intentions of responding to it?

Morris: Well, I’m trying to remember the dates now ‘cause the date… by the time we found out about the RFP I believe there was, like, a week left or maybe less than a week to respond. And as Terry was talking about, like, with Washington County… and, as many of you know, these RFPs are super complex and so, yeah we did not respond.

Moore: Oh, that’s really too bad.

Colley-Dominique: I know when I [Inaudible].

StevensonA: Madame Chair?

Miranda: Yes, Art?

StevensonA: Okay, number one: and this is why, when, you know, managers are concerned and say we should have a special meeting to discuss what’s going on so we can address issues because this is incredible, they issued… issued an RFP and we weren’t communicated the circumstances and stuff because, quite frankly, I believe the Elected Committee should’ve said, “Okay, then…” – because the law specifically states that they’re supposed to notify us 30 days prior… prior to leasing, releasing, licensing… they are supposed to notify us. Well, obviously they have not… did not notify us. And, Director Morris, has OCB gone out and done a survey now?

Morris: At OIT?

StevensonA: Yes.

Morris: Not recently, no.

StevensonA: Okay. Well, and… and… of course, the immediate… the immediate thing that should’ve occurred was, once they did an RFP, you should’ve said, “Hey,” I… I mean, you should’ve said, “Hey, you didn’t give us 30 days’ notice,” and a survey should’ve been done. And the findings should’ve been given to them and we should have, according to the state statutes, made an offer. I mean, we don’t do RFPs. We do survey, we tell them our findings. And especially if they’re leasing or… see, this… I’m… Chair Miranda, I’m… that… I’m done talking.

Miranda: Okay.

Hauth: I’d like to… I’d like to ask a question, Lewanda.

Miranda: Go ahead, Randy.

Hauth: Yeah, so… you know, I guess my concerns on what this is, is locations not being secured. Well, I believe that would also come into play with southern Oregon vending route that was formerly operated by Ken Gerlitz. Why wasn’t that put out for bid, after his passing? Why was that absorbed into the agency? Joe Bassett’s route that stood alone and was identified as an independent vending route for a number of years and mysteriously was assigned to Edith Green and then mysteriously assigned to Ken Gerlitz and then again on his passing mysteriously was removed from Edith Green. So, where is that location going? Why isn’t it going out for bid? Char Mckinzie, when she voted… or when she applied for the DMV, why was her location and her vending removed? Same thing with, you know, the other unassigned vending coming in. So why aren’t these locations, like OIT, and like Ken’s, and Char’s former route and Joe Bassett’s. Why aren’t those being put out to bid in accordance with what I believe is the intent of the program, and that’s to put blind people to work and to make their maximum vocational opportunity a reality. Eric, if you could answer those, I’d appreciate it.

Morris: Yeah, sure. Madame Chair, is that okay?

Miranda: Yes. Please.

Morris: So, um, with the… the vending route, and with Ken Gerlitz passing and stuff, you know, as we go through the transition from the subcontracted vending to self-operations we have to take a hard look at those vending routes and see, is it going to make sense to have a vending route that has something that’s 250 miles away. So, we’re going to go through and look at Ken’s route and then put it out to bid. The same with Joe Bassett’s former vending that used to be attached to Edith Green when Edith Green didn’t make enough money to support itself. Now, obviously, the new Edith Green facility, which is a pretty darn good facility, doesn’t need an infusion of extra vending. It doesn’t make any sense to try to run that operation and then run a whole bunch of vending over in Washington County. So we’re trying to look at those routes and configure them in a way from a self-operation route that makes logical sense.

Hauth: But why are those decisions being made without active participation? Who’s making…? I think I asked you how that decision was made and you responded and said you made it. So I guess… my question is, why…? I… I don’t see in the law that you have the discretion or the agency has the discretion to arbitrarily and capriciously say, “Nope, we’re going to hold off on that.” Or “We’re going to take this and move it outside of that,” without active participation. So I guess I’m wondering, why isn’t that happening?

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

StevensonA: Madame Chair?

Moore: Eric, I’m just… I have to say that shocks the hell out of me and I’m really glad that I was here to hear it.

Morris: Well, I think the thing you need to understand is, when Randy says that they’re arbitrary and capricious types of decisions, that’s not accurate. So…

Moore: What I… what I know, in the year… in the year that I’ve been on this Board I have not experienced, with the exception of the Strategic, um… whatever that thing was that day when the BECC came in for lunch…

Miranda: Strategic Planning.

Moore: I have not… Thank you, Lewanda. I have not experienced or heard about meetings where the vendors got together with, like they do in other states, the vendors got together with the… the agency gets together with the vendors, discusses different stuff, brainstorms it, they reach a decision and the whole group goes forward together. That’s not how this is happening at all!

StevensonA: Madame Chair?

Miranda: Yes, Art?

StevensonA: Okay. I believe that the Elected Committee should, and has the absolute power to do… it says in our bylaws, to establish committees in order to do our work and oversee what

the agency is doing, pertaining to rulemaking, pertaining to vending facility development and… and those, in my opinion, are the two most important things right at this point in time. And so, I would ask that the Elected Committee right now, because you can, it can be either the Chair or the Elected Committee as a whole establish those… at least those two committees: the vending facility development committee and the rules committee. Because one of the things that we all know happened was that contracts were being made that had no-cause clauses in them. And we know that we’re all objectionable to that and the agency is supposed to be working with us, letting us know what’s going on and… and… and things shouldn’t be happening… we shouldn’t be finding out about them after the fact. So, I would encourage the Elected Committee to right now establish at least those two and then consider for the next meeting what other committees we may want to have. But I… I, as a manager of 30 years, say we had it before; it helped us. And I believe we need to get back to that so we actually are having true active participation.

Miranda: Derrick, would you like to chair a… um, development… location development committee.

StevensonD: Well, yeah. Sure. And just so I understand…

MirandaO: One second, Derrick. Karen and Gordy are…

SmithK: We want to thank everybody for your generosity… [Gets choked up].

[Laughter]

MirandaO: Here’s your chance, Gordy! She can’t talk!

[Male voice]: Now, Gordo!

MirandaO: She can’t talk right now, Gordy. Come on!

Hawkins: Go for it, Gordy!

Miranda: Here’s your chance!

SmithK: Our grandson and my daughter are waiting for us out here and we’re staying the night but, just thanks to everybody… [Gets choked up].

[Multiple voices]: We love you.

[Applause]

StevensonA: And just so you know, Karen and Gordo…

SmithK: Yeah?

StevensonA: We… we don’t want you to leave. We want you to stay.

StevensonD: Go on your trip, then you can change your mind.

[Multiple voices]: Yeah!

StevensonA: Go on your trip tomorrow and then come back and withdraw your resignation.

SmithK: Thanks everybody!

StevensonA: We love you.

[Applause]

StevensonD: So I… I did kind of prematurely say yes, ‘cause I just kind of, like, want to understand what… what you’re truly asking me to do, what my responsibilities as [Inaudible].

StevensonA: Madame Chair?

Miranda: Development, RFPs, work with the Board and Eric on any RFPs that are coming out…

StevensonA: Contracts

Miranda: …and then bring back to the Board.

StevensonD: Okay. Yeah. Yeah, I can do that.

Grulick: I’d like to make a suggestion. If there’s not already the list of possible locations throughout the state, that such a list be developed.

StevensonD: Should’ve 50 years ago.

[Laughter]

StevensonA: Amen to that!

StevensonD: That’s just my personal opinion.

Grulick: The list would be a starting point, you know, so people could keep their eyes and ears open about what’s going on and so on and so forth and avoid surprises.

StevensonD: And I… and I… and I do… I do want to just point out: I know Eric’s getting picked on pretty… pretty hard. But those are major administrative decisions that you’re making and we do have the right to be part of that decision-making process. You’re talking about… talking about… I mean, you take vending away from the Edith Green building, you’re… you’re taking income away, potential income away from a manager. And for you to say that you… for you to make the sole decision that you think that that would… that would… they would be making too much money or that they’re going to make enough money… What is too much and what is enough? I mean, the spectrum in our program now, you know, is we have some under that and some way over. So, for you to make that decision, you know, I think is wrong. I think it’s a decision that has to be talked about and voted on by the Board. And then, of course, you’re… you’re the Director and you have the last say, but we still have a right to be part of the discussion before decisions are made, not after.

Miranda: And I’m not putting the committee together to pick on Director Morris.

StevensonD: No, I…

Miranda: I’m doing it to help him. I’m doing it for the program. I’m doing it so that those last-minute RFPs that come in that we don’t have time to respond to… If we have a committee, perhaps they’ll have a way of seeing them, you know, early on, so we can act on them. So it’s to help and it’s also a step in the right direction to… for the Board to work together with the agency. So, it wasn’t meant to be negative.

[00:57:43]

Young: Madame Chair?

Miranda: Yes, Harold?

Young: Hey, Art, was one of those other committees the contract committee?

StevensonA: No, no. I… vending facility development, Okay.

Young: What was the other one? Rules?

StevensonA: Rules. Rules.

Young: Okay.

StevensonA: The rules. ‘Cause it’s…

Young: I just wanted to clarify something.

StevensonA: Yeah. But my vision is that vending facility development not only means getting vending facilities but it’s also, you know, developing the kind of contract that’s going to, you know, be fair and appropriate. No no-cause clauses and stuff like that. And those things… those things should be run through a committee and if the committee thinks there should be a vote on it by the… by the Elected Committee, then a vote should be taken. But when I talk about a vending facility I… I… I’m… I was assuming that it would entail, you know, kind of all of that. Because it did before. When we had the vending facility development committee it was looking at potential sites, you know, working with, giving our input, the committee would give the input to the SLA, uh, you know, their thoughts and stuff like that and bring a report back to the committee every… every meeting. And so it would include all those kind of things because we don’t want no more no-cause clauses. In fact, we should… well, you know there’s a complaint about that right now.

Bird: Madame Chair?

Miranda: Yes, Jerry?

Bird: While we’re on that no-cause clause I… I would like to make a motion that this Board sends our SLA the recommendation that there be no no-cause clause in any contract and if there is, the ones that are in be removed.

Miranda: Jerry’s made a motion that the Committee writes a letter to the agency asking that we have no contracts with no-cause clause.

StevensonD: I second that.

Miranda: And Derrick seconds. All in favor?

StevensonD: We need to have discussion.

Miranda: Oh, okay, for discussion

StevensonA: I think it was a great motion, a great second and I think you ought to pass it.

StevensonD: I… being a blind person and knowing how some of the sighted people feel about us, you know, they don’t understand what we… what we’re capable of doing and… and stuff. And I think for them to be able to just go to the Commission and say, “Hey, you know, remove this guy.” Like, you know, like it was mentioned earlier when I was having a discussion with Nicky is that, you know, they… they cannot just come and ask to have the manager removed unless they have a reason, unless the manager has done something wrong. The Commission for the Blind decides where, you know, the managers go and hopefully they’re qualified when they’re… they’re assigned but as… as long as they’re not violating health codes and people aren’t put in any kind of harms and they’re doing their jobs properly, there’s no reason to ever remove a manager from any position.

Bird: Well, technically, because, you know, we are disabled and we’re blind and why in the world would anybody put in the contract that can get rid of the disabled person for no cause… that is [Inaudible].

StevensonD: I mean, in the… in the private sector they do have contracts like that because people want to have the freedom to change… change companies and whatever. But as… because we’re blind people and we have… we have the law that says we shall operate in these locations, they don’t have that right to go somewhere else. So, even if they did… a manager was removed, the Commission for the Blind would still have to make sure that location…

StevensonA: Exactly.

StevensonD: … is… is being serviced. Because you cannot give up something that the law gives us; you can’t surrender it. I hope I explained that good enough.

StevensonA: You explained it very [Inaudible].

Miranda: Okay, the motion has been seconded. Let’s do a roll call vote. Derrick Stevenson?

StevensonD: Yes.

Miranda: Jerry Bird.

Bird: Yes.

Miranda: Harold Young.

Young: Yes.

Miranda: And I’m yes. So we’ll write the letter and um…

[Applause and table thumping]

Bird: Also, Madame Chair?

Miranda: Yes, Jerry?

Bird: I would like to be appointed to chair a committee, a committee to look into whether we, uh… subcontracting is… will be illegal in Oregon. I think it’s something we need to gather a little team to check into and read back to the Board our recommendations and some information on… we kind of get that and clear that before it gets too far out of [Inaudible].

StevensonA: Madame Chair?

Miranda: Yes, Art?

StevensonA: I do believe that that would be an issue that the rules committee would address and… and I think Jerry would be just peachy chairing that. But that… or whoever, you know…

Miranda: Okay. I’m going to wait on that rules committee. However, I will put together a committee, Jerry, and ask you to chair, on the subcontracting.

StevensonA: Madame Chair? Point of order. You can’t just say you’re going to wait on it. The… the… the whole Committee needs to… you need to weigh in with all of them because they have the right to set up committees, also. The… You have the right, in accordance to our bylaws, but so does the Elected Committee as a whole. And so, that’s just a point of order. You should not be making that decision on your own.

Miranda: Well, the bylaw says that the Chair can appoint committees, Art.

StevensonA: But it also says “the Chair or the Elected Committee can appoint committees.” And so…

Miranda: Okay. Well, I’ll… I’ll look into that. Um, Jerry is going to look in… be on the subcontracting committee and [Inaudible] but we’ll look into that and get back to the membership. But we’re going to move on right now. Okay, 4.c. is Retirement Fund. Anything on… anything on that, Director Morris? Retirement fund?

Morris: No, Madame Chair. I… I think that would be… you know, if you would accept any kind of recommendation from me… I think, last fall when we discussed it, there was a lot of variety of opinions about what that would look like, how it would be funded, and there was no, um… I think that would be a great subcommittee, to have a conversation about what that looks like from a vendor’s perspective and make a recommendation.

Hauth: I’d like to make a comment.

Miranda: Okay, Randy.

Hauth: Yeah, I… I think it was apropos, what Jeanne-Marie said earlier. Here we have a couple, Gordon Smith and Karen Smith, who’ve been in the program forever and they’re sailing off into the sunset, somewhat because of the subcontracting mandate debacle, but the… you know, as well they’re getting up there in years. And… but, what do they have to take away from this program? Nothing, other than what they’ve saved. I spoke with Elana Pirtle-Guiney, who is the policy advisor relative to numerous issues concerning this agency and this program and one of the things that she was, um… encouraged and spoke about is the retirement plan. However, I don’t know that she completely understood the dynamics of the Business Enterprise Program because she was suggesting that the Governor is going to support a retirement plan for the entire citizenship of the state of Oregon, where we would pay in and it would be like an investment plan. And I think that’s what Eric was talking about over the last couple years, but… you know, I am so appalled that this agency is bringing in tens of thousands of dollars every quarter and just stockpiling the money to use to manage the program when people like Gordon Smith are sailing off into the sunset with nothing. You know, it’s a shame, it’s a tragedy. I don’t know exactly how to address it. I know a few years back we made a recommendation that, you know, we would start disbursing set-aside in a manner of equal proportions on a quarter basis as a benefit package and the membership approved it. Of course, the agency shot it down. I would agree with you that a committee needs to be formed to study this. I don’t think Eric should just be heading it up himself. And, like I said…

Miranda: Are you interested in that?

Hauth: … it’s been a year and where are we now? You know, so.

Miranda: Would you be interested in heading that up?

Hauth: You know, let me… if… if I can think about it, I’d love to think about it. I have some other things going on right now, but give me… give me a day or two to think about it.

Miranda: Okay. Thank you.

Hauth: Yep.

StevensonD: Chair Miranda?

Miranda: Yes, Derrick?

StevensonD: I… I just want to go back a little bit on… on Jerry’s request to have a thing and I think I’d rather push it a little further and put in a motion that we… we have an executive session where the Board and the managers can speak in private to discuss our legal… our legal challenges and how we want to deal without, you know, having the Commission or any of them taking part in that. And, of course, if we make any decisions during that executive session that requires a vote to go on, you know, we could do that in a regular meeting. But I think it’s important that we have executive sessions to… to discuss our legal options and… and… and which directions we want… we want to go without having everybody else involved.

Moore: May I ask a question for clarification?

StevensonD: Sure.

Moore: I understand that I wouldn’t be present for such a thing; it makes complete sense to me. Do you mean an executive session with the Board and managers together?

StevensonD: Right. ‘Cause the managers are…

Moore: ‘Cause it’s not the right name for it. And I don’t know what it’d be called…

StevensonD: Because they are stakeholders.

Moore: Of course they are.

StevensonD: So.

Morris: But Derrick, just for… on a point of order, I guess, the Elected Committee, as a public body of the Commission, is represented by DOJ. So, for you guys to have an executive session, you have to have a DOJ representative there. And it also has to meet the…

StevensonA: Where does that say that in the law, Mr. Morris?

Miranda: Just a minute. Let him finish.

Morris: Under executive sessions, Art. If you read it there’s, like, I think 12 or 13 different…

StevensonA: Okay.

Morris: … things that you… that meet the criteria…

StevensonA: Okay. But we can still have a meeting, not call it an executive session…

Moore: Just don’t call it that. That’s what I…

Morris: An executive session is… just to talk about that a little bit, it’s very specific and it… this kind of thing that you’re talking about for a meeting? That… that’s a public meeting. That’s a great time for a public meeting and, you know, the agency could facilitate that. You know, I…

StevensonD: It... it’s just like the Commission when they… when they go into executive session to discuss a ruling against the blind managers, the blind manager and people are not allowed to attend that thing. And I also believe… I believe that if you can exclude people from yours that we should not be treated any different.

Morris: Well, it’s the same statutes that cover the Commissioners and the Elected Committee…

StevensonD: Right.

Morris: … so it… it’s not a decision that I’m making…

StevensonD: We could… we could have… we could have an attorney who… who’s possibly going to, um…

Morris: Not unless it’s a DOJ attorney.

StevensonD: No, only if DOJ is representing us as second parties.

Morris: DOJ represents the Elected Committee and you can’t… you can’t bring in a separate attorney and say, “Hey, we’re having an executive session.”

StevensonD: Well, okay. Well, I mean, if they… if they want to assign a DOJ attorney, I don’t have a problem with that, as long as they understand that anything that they get out of discussion with us is… is privileged stuff and they cannot share that with you.

Morris: Well, that’s… the DOJ represents the agency and the Commission and the Elected Committee; it’s all under the same public body. So, DOJ…

StevensonA: No, it ain’t under the same…

StevensonD: You can’t say…

StevensonA: … because the Elected Committee is mandated by federal law and not by state law and…

Morris: All I’m saying is, under Oregon public meeting law for executive sessions – and I don’t have it memorized – but there are very, very specific things that you can go into executive session about. This kind of… the discussion you want to have? Great idea to have that kind of discussion. Have it in a public meeting.

StevensonA: No.

Miranda: Okay. So, can you look into that, Eric, and get back to us this week? This coming week?

Morris: Yeah, I... I can. I… I…

StevensonA: Madame Chair?

Miranda: I mean, can you get that information for us?

Morris: Yeah, it’s pretty solid on the exec… but I can send you the statutes and stuff for you guys to take a look at.

Miranda: All right.

StevensonA: Madame Chair.

Miranda: Yes, Art.

StevensonA: Might… might I suggest that the membership make a bylaw… hm, this is interesting, that we can go into executive session without a DOJ representative.

Moore: You can’t…

Morris: Art, that’s not going to be legal.

Miranda: We have to have a two-thirds vote from the membership.

StevensonA: No, no. I understand that.

Moore: Plan yourselves an ad hoc meeting, if you want to. Don’t… don’t walk down this plank. Change the direction you’re going right now.

StevensonD: Well, basically, I think we need to have a meeting…

Moore: I… yeah.

StevensonD: … that’s dedicated purely on… on the issues that we need to talk about…

Young: You know, why can’t we just…

StevensonD: … so that we have the time. ‘Cause we’re always so rushed that we never really have the time to discuss anything or…

Miranda: Okay. I will dedicate the time this week to look into the legalities of it…

StevensonD: Okay.

Miranda: … and then get back to everybody.

StevensonD: Thank you.

Miranda: Okay.

StevensonA: Madame Chair, what’s left on the agenda?

Moore: Oh, gosh, lots of stuff.

StevensonA: I know there’s lots of stuff…

Miranda: Elected Committee advocacy on complaints, access to program-relevant info, subcontracting and teaming partner issue. That’s it.

Moore: And award of vending machine proceed…

StevensonA: Yeah, Madame Chair?

Miranda: Yes, Art?

StevensonA: I would like to suggest, ‘cause it’s been a long day, that… that we… that we schedule a special meeting for Thursday, at our usual, regular time so that we will have enough time to address the remaining issues and that some of the other members that aren’t going to be able to listen, like Karen and Gordo and the ones that aren’t here, that… that they could attend too. And… ‘cause I know it’s been a long day and… and we’re not going to… I… I think we need a couple of days to kind of…

Miranda: Absorb everything?

StevensonA: … to absorb everything, not make hasty decisions. And so I would urge the Board to say, “Hey, let’s schedule a meeting for Thursday.”

Miranda: Are you available on that day, Director Morris? Thursday at 3:30?

Morris: Yeah, I can make myself available.

Miranda: Okay. And Board, how do you guys feel about it?

Young: I’ll just have to cancel a prior engagement, but I’ll be fine.

StevensonD: I’m good.

Miranda: Okay, so we’ll finish… we’ll have a special meeting this coming Thursday at 3:30, teleconference. And this meeting is now adjourned and I want to thank everyone for joining us. Jeanne-Marie, thank you for your… sharing your expertise with us and thanks to everyone.

[01:15:25]

Transcription: Mark Riesmeyer