€¦ · Web viewMiranda: Okay, I’d like to make a motion that we accept our revised agenda. Do I have a second?

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

BUSINESS ENTERPRISE PROGRAM OF OREGONSPECIAL BECC MEETING

Thursday, May 28th, 2015 at 3:30 P.M.Conference line; 404-443-6397

Participant code; 943611#AGENDA

-Need to adopt amended agenda.1. CALL TO ORDER- Chairwoman, Lewanda Miranda.

a. Roll call.b. Adoption of minutes; 3/26/15 (action item)

2. PUBLIC COMMENT: limited to 3 minutes per person.3. FINANCIAL REPORT (1st quarter 2015) - Director Morris.4. NEW BUSINESS.

a. Portland State Office Building Cafeteria – “stand alone facility” determination – (action item).

b. Code of Conduct / Core Values – rule language – (possible action item).5. NEXT MEETING- chairwoman Miranda.6. EXECUTIVE SESSION: Pursuant to ORS 192.660 (2) (h) this meeting or portions thereof

may be held in Executive Session to confer with legal counsel with regard to current litigation or litigation likely to be filed.

7. ADJOURNMENT- chairwoman Miranda.

VERBATIM

Miranda: Okay, I’m going to call this meeting…

Brown: Just in case all of you haven’t heard, my… Oh, okay, sorry, go ahead.

Miranda: Yeah, I’m going to call this meeting to order. It’s 3:33pm. And I’d like to start with, our meeting on April 23rd was canceled, and so I would like to make a motion that we accept this revised agenda.

Mckinzie: I second it.

Miranda: All right, Char seconds. We’ll go roll call vote. Ken Gerlitz?

Stevenson, Art: [inaudible] Madame President? I mean, Chairman?

Miranda: Yes.Stevenson, Art: Shouldn’t we take roll call and stuff first?

Mckinzie: We were just moving the meeting along.

Miranda: Yeah, just doing an agenda. But yeah, okay. Roll call? We’ll start with the Elected Committee. Art Stevenson?

Stevenson, Art: Here.

Miranda: Ken Gerlitz?

Gerlitz: Here.

Miranda: Tessa Brown?

Brown: I’m here.

Miranda: Char Mckinzie?

Mckinzie: Here.

Miranda: Cathy Colley-Dominique?

Colley-Dominique: Here.

Miranda: And Lewanda Miranda’s here. BE membership. Jerry Bird?

Bird: Here.

Miranda: Derrick Stevenson? Derrick Stevenson? Gordon Smith?

Smith: Here.

Miranda: Harold Young?

Young: Here.

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

Hauth: Here.

Smith: Hi, Bud. Gordo.

Hauth: Hey, Gordo.

Miranda: Sal Barraza? Sal Barraza? Sal Barraza? Steve Jackson?

Jackson: Here.

Miranda: Ann Wright? Ann Wright? OCB Staff?

Morris: Eric is here.

Gerlitz: Hey, Eric.

Miranda: Visitors?

McQuillan: Carla McQuillan.

Miranda: Hi Carla.

McQuillan: Hey.

Miranda: Any other visitors?

Miranda, Oscar: Oscar Miranda.

Gerlitz, Cathy: Cathy Gerlitz.

Miranda: Hey, Cathy.

Smith: Hi ya, Cath’. Gordo.

Miranda: Any other visitors.

Gerlitz: Gordo said hi.

Gerlitz, Cathy: Oh, hi Gordo.

Miranda: Okay, I’d like to make a motion that we accept our revised agenda. Do I have a second?

Brown: I second.

Mckinzie: I second.

Miranda: Okay, Tessa seconds. So, we’ll do a roll call vote. Ken Gerlitz?

Gerlitz: Yes. I accept.

Miranda: Art Stevenson?

Stevenson, Art: I abstain.


Brown: I accept.

Miranda: Cathy Dominique?

Colley-Dominique: Yes, I accept.


Mckinzie: Yes.

Miranda: And Lewanda Miranda accepts. So it passes. And we, just a second, let me look here.

Smith: This is Gordo. It’s sure good to hear everybody’s voice.

Mckinzie: Yeah.

Colley-Dominique: Man, yes it is.

Gerlitz: Yours too.

Miranda: Okay, I’d like to make a motion to adopt the meeting minutes from March 26th, 2015. Do I have a second?

Brown: I second.

Mckinzie: I second.

Miranda: Okay, Tessa seconds. Roll call vote. Ken Gerlitz?

Gerlitz: I accept.

Miranda: Art Stevenson?

Stevenson, Art: Yes.


Brown: Yep.


Mckinzie: Yes.

Miranda: Cathy Dominique?

Colley-Dominique: Yes.

Miranda: Lewanda Miranda accepts, so they pass.

Gerlitz: [inaudible]

Miranda: Okay, we’re going to open for public comment. Limit three minutes per person. Eric, do you want to time it?

Morris: Yeah, I can.

Miranda: Would anyone like to make a public comment.

Bird: Jerry Bird!

Female voice: [inaudible]

Miranda: Yes, Jerry?

Bird: Yeah, make a little comment about our reports we just got. I’m a little concerned that some of our importantest stuff that’s been going on like set-aside and people behind on set-aside is missing. And I thought that’s kind of an important thing that they can’t seem to… And in the report when I looked through them it showed basically one person that’s, hasn’t even sent in full reports from the last quarter. And I think it’s the same person that continues not abiding by our, at least our monthly reports. I’m just wondering how long are you going to put up with that without doing something? And that’s all I have, thanks.

Miranda: Any other public comments?

Jackson: Steve Jackson would like to ask a question.

Miranda: Yes, Steve?

Jackson: Um, I’d just like to make a statement that I’ve been trying to request some information from not only Eric, but also have asked you, Lewanda. I tried to find out what constitutes a standalone Business Enterprise unit? And I’ve also been asking why, why are some managers

able to have multiple units, but I’m, I’m in a position where I might have to give up one of my units. I just, still looking for those answers, I guess.

Smith: Could somebody repeat what Steve Jackson had to say? I, I could not hear him.

Brown: Yeah, Steve, you’re going to have to [inaudible] to your phone.

Miranda: He’s talking about… He was talking about the public state office building that he’s requested information from me and Eric, and he’s still waiting for answers, what constitutes a standalone or not standalone unit. And why some people have multiple units, and is that it, Steve?

Jackson: Yeah, pretty much it.

Smith: Thanks, you guys.


Haseman: Yes, this is Linda Haseman.

Miranda: Yes, Linda?

Haseman: I’m just bringing up topics that seem to have fallen off the radar or are not being addressed to the public or the licensed blind vendors. Edith Green is one. The status on the VA lawsuit is another one that I’m not seeing on the agendas. Also there was a commissioner that made a statement, quite a, quite a, quite a significant statement in the last Commissioner meeting held in April indicating that several of you, as well as her, were supposed to go meet with the AG regarding preference and what can be done with that. And I do know that’s a ball of contention that remains out there with the licensed blind vendors as well as interested parties of the Commission. And I’m not seeing that show up, or the status of what happened to that meeting if it even did occur. So I’m just noting for the record as a member and an interested party that there appears to be quite a few things falling off the radar. I also want to state for the record that I’m concerned about what is occurring with Steve Jackson and the Portland State Office Building. He’s been there for quite some time. He’s not seeming to get any answers. And all of a sudden you guys have on your agenda to take ac—[inaudible] move him out, get out of there. So, as a public member and an interested, interested party watching and observing that’s a significant concern for me. Thank you.

Gerlitz: Madam Chair?

Miranda: Yes.

Gerlitz: Who’s running that location now?

Miranda: Ken, let’s, let’s just keep this a public comments right now and then we’ll, we can discuss that when we get to that for an agenda item, okay? Any other public comments?

Hauth: Yeah, this is Randy Hauth. I would like to make a public comment.

Miranda: Yes, Randy.

Hauth: Yeah, I would like to follow up on what Jerry brought to the attention of the Committee. And relevant to the set-aside, the past due set-aside. I haven’t looked at the recent report that was sent, but I understand it’s missing unassigned vending reports, and it’s missing set-aside vending owed and reports. Last time I looked, it was close to $36,000. Now, with that being said, what I’ll share with you is that I was provided a notice of suspension, a registered letter of suspension, pending suspension from Director Morris relative to me not filing, or what they were contending was not filing, reports on time. However, as far as the third party vending reports, what I will share with you is that in the OARs, and what I’ll say for the record, too, that, that was not an established policy or requirement. In the OARs, it’s clear that people are supposed to report on time, they’re supposed to pay their set-aside, and if they don’t they can be terminated, they can be suspended. Punitive action can be taken. I did a public records request for such letters. Those do not exist. So, I’m concerned that people are being treated differently than others, and that’s not the way that this program is supposed to operate. I’ll also share with you concerns with the situation that you guys have on the agenda today. Portland State Office Building relative to Steve Jackson was never vacated, was never a vacant, and I think you’re treading on thin ice proposing to take action, that is again, non-uniform, non-fair. Lewanda, Harold, Ken Gerlitz, Tessa Brown, all have multiple units. And so I just would caution you that that could be a, a big bone of contention. And last but not least, I’m, I’m disappointed again… I know you get tired of hearing it. The Committee is simply rolling along with the Agency. They’re not advocating as required in their duties. They’re just not reaching out. They’re not asking or responding to requests and [inaudible] for information. And I just hope you guys step up your game and do what’s right by the blind vendors here in Oregon. Thank you.


Young: Chair Miranda, this is...

Gerlitz: Madam Chair, Ken Gerlitz. I’m just wondering, is the issue having multiple units or try to keep units, units that, getting something better at the same time?


Young: Chair Miranda?

Miranda: Yes, Harold?

Young: I would like to give a little bit of comment. You know, I’ve been in this program for close to 30 years now. And I’ll have to say that I think one of the detriments to this program is the negativity, the people who try to bully other people, intimidate other people. I mean, that’s an ongoing thing, too. And I’m not always in favor of what the Commission does by any means. I’ve had numerous conversations with Eric before in the past, and we don’t always agree, but we move on to the next thing to try to get things done. At least they, that’s what we did while I was Chair briefly. And you know, as far as the report that came out, unassigned vending was on there, but there was nothing on back set-aside. Thank you.


Smith: Thank you, Harold.


Smith: This is Gordon. I’m still very concerned about the amount of money that should be in our set-aside from managers that is not. And this has been a, a problem since I started in this program in, in 1979. I would think something could be accomplished by this time. That’s all, thank you.

Miranda: Thank you. Any other public comments?

Gerlitz: Yeah, Ken Gerlitz again. Don’t want to be a bore, but I know we’re getting three full time positions. I think it would be good if the managers could make some recommendations how we’d like to see those positions used.

Smith: Very good, Ken.

Miranda: That is good. Any other public comments? Okay, we’ll move on to number three. That’s Financial Report, First Quarter 2015. Director Morris. Maybe you can answer some of those questions.

Morris: Hey, welcome back. Good afternoon, everybody!

Gerlitz: Good afternoon.

Mckinzie: Hi.

Smith: Hi ya.

Morris: Trying to get the spreadsheets open. And as I said yesterday when I sent the report out, there is some missing data in there, so I’m sure that’s how some of you gleaned the fact that there’s missing data, without actually digging into the report. Accounting hasn’t supplied it to me yet, even though I’ve requested it several times, so as soon as I do get the information I will

update the report and amend it back to all of you with that data. For the first quarter, we did see a good gain in sales, but more importantly we saw a pretty significant jump in net profit, which is always good to see. And I think that a lot, a lot of that has to do with some of the continued efforts we have with profit improvement plans in some of our live operations. So, you can see that there was a good jump in net revenues. When you look under the facility profit tab, there’s a whole, the list of all of the facilities with their profits, were showing good profits across the board. A couple of places need some work, and that’s where we’ll be focusing our efforts as we’ve been doing. Manager income ranking kind of speaks for itself. The budget to actual report, that’s a big report. We were over budget. I think that’s been, kind of went over and over and over. And the budget will reset, we’ll start the new budget year in July 1, and so we’ll be managing, I think, to a better thought out budget. So we’ll have some better, some better projections in there and be able to manage that a little tighter. And then the set-aside, we’ll get that data plugged in there as soon as I get it. And set-aside spending, you can see we spent a chunk of money in the first quarter. A lot of that due to some pretty heavy duty repairs we had to do along with refrigeration. The, in one of the, one of the significant vulnerabilities we have, is a lot of our locations are live cafeterias and operations like that were built all kind of in the, you know, the same big time period back in the day. So a lot of that stuff tends to, well, it fails quite often and needs to be repaired. But some of it, we had to, we had to do some pretty significant repairs in several locations. So that, that, that took some money. And then AG fees are plugged in there. And it kind of is what it is. So, that’s the report. You don’t have to take any action on it this time, at this time because it’s not completed yet. But as soon as I get it back out to you, I’ll send to the Elected Committee and the entire BE Manager group to review it when it’s completed. And I’m hoping to have those numbers here, well, not this week, but next week.

Miranda: Any questions for Director Morris?

Stevenson, Art: This is Art.

Miranda: Yes, Art.

Stevenson, Art: Director Morris, is, is some steps being taken so that we can start getting all the financial information in a timely manner? Is there a certain reason why this didn’t occur? So that we can feel comfortable that we’re going to get timely reports?

Morris: I sure hope so, Art. I, you have all the data that’s in, within my power to collect. And so, the rest of it I have to take some steps to ensure that I get a timely response on, too.

Stevenson, Art: Is there anything the Elected Committee can do to help you out in this situation?

Morris: No, but I appreciate the thought.

Miranda: Any other questions?

Gerlitz: Eric, Eric, this is Ken.

Morris: Yeah, Ken.

Gerlitz: Is there a, could you send me the name and address where they could reach that manual that I sent you and our AG, and Dacia, and everybody that got it. I’d like to send that federal judge the same thing so we’re all operating off the same material.

Morris: Uh, yeah, Ken. I’ll get, I’ll get that, I’ll get with you on that offline.

Gerlitz: Okay. Send it to Cathy’s email because she’s, she’s transmitting my email while I’m here in prison.

Miranda: Any other questions?

Hauth: Yeah, I’d like to make a comment. This is Randy.

Miranda: Randy.

Hauth: Yeah, you know, it’s a requirement that blind vendors are provided the quarterly report. It’s been a ongoing, consistent pattern of poor performance relative to providing the entirety of the information. And you know, I don’t know all the particulars, perhaps it’s out of Director Morris’ wheelhouse being able to get all that information, but again at the end of the day, it comes back to him as the Director of our program. So when people asked to be provided that information and expect to be provided that information, because it gives a good overview of the program, and the health of the program. I don’t think it’s, I don’t think it’s necessarily bullying, I think it’s an expectation that licensed blind vendors are, by law, allowed to have and should have to review. So… Whatever we can, whatever we can do to help facilitate that. And as well, I think they seem to gloss over what’s happening with the set-aside. I didn’t hear Eric Morris say anything about what actions or what steps are being taken to collect that set-aside. And it appears to continue to grow. So, don’t know if you can comment on that, Director Morris, but it’d be appreciated.

Morris: Well, Randy, I’m not going to go into the, the right way to phase it, I’m not going to go into detail on that, but I can assure you steps are being taken to take care of the issue that everybody’s worried about.

Miranda: Okay then, new business. Portland State Office Building. I’ll start with this one. I have been asked questions about this. Steve’s right. And some of it I have answers to and some of it I don’t. Steve, he asked me what a standalone unit was. And I give you my opinion of what it is. I didn’t speak on behalf of the Elected Committee or the, or the Oregon Commission for the Blind. I said that it was a…

Jackson: [inaudible]

Miranda: …unit that could stand alone. You asked me about other people having units merge. And I went through all the managers that I know that have units that are merged. And I also explained to you that to my knowledge, every one of them went out to bid. Then a lot of them when nobody was, was interested in bidding on them, then, then they were assigned to other managers.

Jackson: [inaudible] Lewanda, did you, did you email me that to me? Because I don’t remember seeing any of that.

Miranda: Will I do what?

Jackson: Did you email that to me? Because you’re saying you responded and I don’t remember seeing that. The only email I saw is, was you were going to ask some questions of the Commission and get back to me.

Miranda: Yeah, I, I can go through and, and send you copies of the emails.

Jackson: I just don’t remember reading that one. So, so, did you give me, is there, is there criteria for what basis for a standalone unit and what would make it, you know, viable to be a, a connected unit with another one? Like, what is the basis for that?

Miranda: Well, I only gave you my opinion on that. But I did pass it on to Director Morris. And from my understanding, you guys have had extensive conversation about it.

Jackson: I want to see written language. I want to see something that is like, like a procedure or like a policy. Like, I’m, I’m just curious because, why am I being treated differently? Why, why can I not have two units? Does anybody want to answer that?

Miranda: Well, like I said, every, every unit that I know that has been merged has gone out to bid.

Jackson: I’ve never seen any bids, any [inaudible]…

Bird: That’s, that’s not true.

Miranda: To my knowledge. Every unit that’s been merged has gone out to bid. You mentioned Harold Young, his went out to bid. Salvador Barraza, his went out to bid. Eastern Oregon, it went out to bid. And I don’t remember who else you named. But to my knowledge, all the units that have been merged have gone out to bid.

Stevenson, Art: Madam Chair?

Miranda: Yes, Art.

Stevenson, Art: Okay. I’ve been in the program for quite a while, so I have a lot of knowledge about the State Office Building. And I can tell you that the State Office Building has gone out to bid a lot of times. In fact if you go back and look at the past history, probably a lot more than most of the vending facilities. And the last time it did go out to bid, nobody wanted it. And then it was assigned to Steve. And so, that’s just a fact. I know lots of blind managers who were in there, I won’t name names, but they left because they didn’t make a lot of money. There was problems in the building about having blind licensed managers in there. And so there’s been a lot of history with the State Office Building, but one of the facts in the matter is that it has been a low profit location, just like Labor and Industries and the Employment Building. And so I’ll just add that to the record for now, but I do know the State Office Building, because I’ve been in the, in the program for a while, a long time, has gone out many, many times. And the basic reason, and most managers left the unit or didn’t want it, period, because it was a low, low prof--, profitability unit. And that was the reason why it was assigned to Steve eight years ago. So, that’s my information to put on the record. Thank you, Madam Chair.

Brown: Chairman?

Miranda: Yes, Tessa?

Brown: This is Tessa. I can add to what Art said. He’s right, it has gone out to bid numerous times over the past several years. And I was one of those lucky managers that ran it before Steve did. But there’s one big difference that happened a couple of years ago, which is the BE acquiring the coffee carts meant it also located in the building. And I believe that happened a year or shortly, or a little bit longer after Steve acquired the, the PSOB contract. But before that the coffee cart was managed by an outside person. So that added income to that particular location, rising it… Um, sorry. Phrasing is, is beyond me today. It’s making it a more valuable location on its own.

Hauth: Chair Miranda?

Miranda: Yes, Randy?

Hauth: Yeah, a similar situation happened with Harold, because I was involved in assisting him and receiving a coffee cart, and no punitive actions were taken then. Again, the Office, the Portland State Office Building was never vacated, was not a vacated location. And so I just want to share with you, there were… You know, Steve had asked for documentation. He’s not been provided the documentation. And no disrespect to you, but when you sit there and say, well it’s my understanding, and Eric sits silent, that’s not necessarily the proper way, in my opinion, to conduct business. Eric should be weighing in. The documents should have been and should be provided, and Steve cannot be treated differently than anybody else [inaudible]. Case in point, the United States Post Office cafeteria that was assigned to Tessa Brown. I don’t believe it went out to bid. And also the dry stand, [inaudible]…

Brown: Actually, Randy, it did.

Hauth: Okay. Let me finish. The dry stand in the lobby, I don’t believe, went out to bid either. However, this isn’t about going out to bid or not going out to bid. It’s about the Portland State Office Building not being a vacated unit, and the Agency trying to talk about bullying, trying to bully somebody out of their livelihood. And I just ask you guys to take that in consideration.

Brown: Randy.

Gerlitz: Madam Chair? [inaudible] Ken.

Miranda: Yes, Ken? Yes, Ken?

Gerlitz: I have to repeat my question, a couple questions. Do we know of somebody who’s interested in that location? And has Steve gotten a new location leased at equal value or better? And again, is there somebody running in there now, and if so, who is that licensed blind manager?

Miranda: There isn’t a licensed blind manager operating it right now.

Jackson: What, what do you mean? I’m the one that’s licensed vendor for the State Building. I run the Espresso. I subcontract the kitchen. I’m in there every day. And I also overlook the vending. So, I am the licensed blind vendor for the State building. And if I could, could I just, could I just talk for a second if nobody minds?

Miranda: Yeah, go ahead.

Jackson: Because I [inaudible], I’d just like to say some facts for the record. In January…

Smith: Is this, is this Steve speaking?

Miranda: Yeah.

Jackson: This is Steve Jackson, Gordo.

Smith: Thank you.

Jackson: So, in January, okay, first of all I’d like to say, about a year ago I reached out to Bill Chow at European Restaurants, right? I got some help with Eric. We acquired the cafeteria. Furthermore, January hit. Eric suggests to me that I put out the State Building for temporary bid. I talked about it. I said, yeah, maybe, maybe, we’ll see. Then at the end of January, he sends me a letter saying, here, sign this temporary bid. The State Building needs to go out, and, and you need to sign a temporary operating agreement, operating agreement. And I, I

responded and said, no, I’m sorry. I’m not going to sign a temporary. I’m already the manager there. And he did not respond to me when I asked him in response, why do you think I need to give it up and where does it say that you can ask me to give it up. He still has not answered those questions in a way that I feel is a legitimate answer. So, furthermore, he asked, you know, he asked me to give up the State Building. I didn’t even receive any commissions from my new venture. So, once again, I never violated any of my operating agreements for the State Building, and I’m being pushed out of there, and I have no reason to know why, except because Eric says so and maybe because there’s probably another licensed blind vendor that’s trying to get a license. And I don’t know if they want to squeeze him in there, but I just, I just want a fair trial and know, is there things being done by a policy or are people making things up as they go? Because I worked hard for that place. I worked there for four years straight. I found a teaming partner to run it. He runs it with me. Like, he doesn’t, he doesn’t want to leave. Nobody, nobody wants to leave. Every, I walk in that building, people know me right away, they say hi to me. Like, I go there all the time. I don’t understand why people think that nobody, no blind manager is there. I’m there every day. So this whole situation is, is, is a little bit confusing to me, because you know, if someone gets awarded a unit, they go through voting and people, you know, agree on it, and then they get awarded it. But if someone wants to take a unit away from a manager, all I’m asking you is what, what is the policy? Why? You know, what are the reasons? And I’m not going, I’m not going to back down until someone gives a legitimate reason or answer that I can understand. Because at this point, I’m [inaudible], I’m being treated un-uniformly.

Smith: Steve, this is Gordo.

[male voice]: Madam Chair?

Jackson: Yeah, Gordo.

Smith: Are you satisfied with you got, what you got in its place, or not?

Jackson: Is that Gordo asking me that?

Smith: Yeah. I’d, I’d like to, I’d, I’d like to ask…

Stevenson, Art: Hey, [inaudible]…

Smith: Do we have anybody in our, in training to go in to any unit? I have not heard of that at all.

Jackson: That’s the point, Gordo. The, my, my point that I’m trying to make, is I never did anything to be excluded from the building as far as I know.

Smith: Mm-hmm.

Jackson: No one really, you know, explained anything. Eric suggested that I give up the State Building so I could stabilize my income at the BPA. I don’t understand that because for me, that’s losing money if I walk away from work. That’s not really…

Brown: Steve, can I weigh in on this? This is Tessa.

Miranda: Go ahead, Tessa.

Brown: Okay. So, and mind you, I haven’t spoken to anybody else. This is just me hearing this from this person, and that from that person, and putting it together with what I already know about the program. But it’s my understanding that when you came into the program, you were assigned to the PSOB cafeteria. And it was just the cafeteria at that time. Am I correct?

Jackson: Yes.

Brown: Okay. Shortly after that, you, you acquired the snack shop at the BPA. Is that also correct?

Jackson: No. Four years, four years after I ran the State Building, I…

Brown: Okay, so you acquired the coffee cart and the PSOB before you got the snack bar?

Jackson: I got the coffee cart in the State Building about two and a half years after I’ve worked there. And then, and then four years into it, Walt Reyes suggested to me, or someone, I can’t remember who told me…

Brown: It was Walt.

Jackson: …that Cathy Lane was leaving the BPA and they didn’t have anybody to run it, and they realized…

Brown: And that’s, that’s not the case, I was actually running it.

Mckinzie: Did that go out to bid? BPA didn’t go out to bid?

Brown: No. No, it didn’t.

Mckinzie: No?

Brown: It did not go out to bid.

Mckinzie: Yeah, see that’s…

Hauth: This is… [inaudible]

Brown: So, hang on, let me get back to it. So first you acquired the PSOB cafeteria. Then you acquired the coffee carts to help supplement your income because everybody in this program knows that the income coming from the PSOB cafeteria is not enough to live on, let alone to raise a family. And then shortly after that, or a couple years after that, you got the snack bar at the BPA building. And shortly after that you acquired the coffee cart in the 911 Building which is attached to BPA building. Is that also correct?

Jackson: Yeah.

Brown: Okay. So, to this point you’ve got all of these minute little locations that by themselves don’t add up to a viable income. That’s a phrase that we’re all familiar with. So, what the Commission is in the habit of doing is adding small units, combining them to make one large, viable unit. Which is what they’ve done for you, and what they’ve done for many of the people in the program, myself included. Then recently, this year I believe, you acquired the BPA cafeteria. Is that also correct?

Jackson: Yes.

Brown: Okay. So now you’ve got small, but viable, income from the PSOB. And from what I also understand, a fairly substantial, or I shouldn’t say substantial because that’s, you know, a matter of opinion. But a larger income from the BPA Building. And I think what the Commission is trying to do is not to exclude you from having a more of an income, but to provide a viable living for another blind person who may be coming along in the future, now that the PSOB can provide its own income, and the BPA can also provide its own income. I think that’s all they’re doing. And the reason you’re being treated like this and nobody else has, is because this situation hasn’t come along. And it’s the actions that the Commission, the BECC, the BEP has taken over the past several years to improve our program that is allowing our units to grow. And with growth comes change. And they’re not trying to exclude you from income, they’re just trying to provide enough income for another manager to come in and to support a blind family.

Jackson: So would it be [inaudible] if you gave up [inaudible], Tessa? Would you like to give up one of your units?

Brown: Pardon?

Jackson: Would you like to give up one of your units?

Brown: I have one unit and vending now. That’s all I have. I have one unit and vending.

Jackson: Well, I just feel, I really feel like that I’ve been doing my best and now I’m being punished. I’m doing my best to make as much money as I can…

Brown: But it’s not a punishment! You’re, you’ve worked very hard to get where you are.

Jackson: Well, how come [inaudible]…

Stevenson, Art: Madam, Madam, Madam Chair?

Miranda: Yes, Art.

Stevenson, Art: You know, there’s a couple other managers that have gotten viable units, good units, making good money. The Employment Building one, it has espresso and vending attached to it in a building right across the…

Miranda: Which went out to bid…

Stevenson, Art: Right, right out, acr--… I’ve told, I just, Lewanda, I just told you that State Office Building has gone out to bid a lot of times. And as a matter of fact it was a low income and it did go out to bid lots of times. And then it was assigned to Steve, because nobody wanted it. And, and now you’re saying it didn’t go out to bid, well, it went out to bid lots of times. And the last time that it went out to bid, nobody wanted it. And so it was given…

Miranda: It went out to bid not…

Stevenson, Art: It was given to Steve then. So, anyways, you know, that’s, that’s what happened. I’ve been in the program, I know what’s happened. You, as a matter of fact, left the State Office Building because it wasn’t making a lot of money. And so every manager who left that place said that. And it finally came to the point where it went out to bid and nobody wanted it and they gave it to Steve.

Miranda: Not as a merged unit, Art.

Stevenson, Art: I was here, that is what, that is what happened, okay? I was here, Randy was here, lots of people was here, Steve was here.

Miranda: I do not disagree, I do not dis--, I do not disagree with that. But that was not, that did not go out to bid for Steve as a merged unit. We are talking about merging units right now.

Gerlitz: I have a proposed solution, Madam…

Bird: Jerry Bird would like to comment.

Miranda: Go ahead, Jerry.

Bird: Thanks. You know, I, I think the bottom line is you guys are thinking, well, we don’t want Steve to make a, a whole bunch of money. And I don’t think the two of them is making a whole bunch. And I kind of wonder how dare any of you decide how much we make. Now, speaking of

taking away from other managers and equaling out our money, and, and thinking of being, you say going out for bid. Lewanda, your other assigned vending route did not go out for bid. It was assigned to you. Ken, as soon as that…

Miranda: Are you talking about Eastern Oregon?

Bird: Them two that you were combine, that’s why you have two vending routes.

Miranda: It did go out to bid. It did go out to bid.

Bird: Okay, I think it didn’t. It was assigned to you and didn’t go out for bid. Anyway, and the thing is, they combined that. And Ken, when you, you think you’re going to get that BEST building? Did that go out for bid? And did that get assigned, just assigned to you? And now you [inaudible] standalone unit?

Miranda: What building? What building?

Bird: You guys are [inaudible] me. Please, let me talk. That you’re trying to cut a person who works his own unit, does all he can. Just because it’s, this, this one now starting to make a little bit of money, it’s not [inaudible] much, and now you guys want to try to take it away from him and give it to someone else, when the rest of you’ve got multiple. Ann Wright’s got a lot of them that shouldn’t even be hers. And then I hear Tessa say she’s got a vending route! When did she get a route?

Brown: I do not have a vending route. I have unassigned vending inside my location.

Bird: No! You guys, that you guys are so, you guys are so self-centered, you don’t look at everybody. It’s got to where you’re all just after anybody that wants a little something, and it’s not like he’s making hundred thousands of dollars! He’s finally going to make a little bit of living for his family, and you guys want to cut half of his income off. Shame on you! Thank you!

Gerlitz: Who’s “you guys”? Madam Chair, I’d like names mentioned.

Miranda: I’d like to make a motion that BPA goes out to bid because it’s a merged unit, just like we’ve done in the past. Do I have a second?

Female voice: Second.

Gerlitz: I have a second.

Jackson: The BPA? What are you, hey…

Miranda: No, no, excuse me! Excuse me, I, I need to make a correction. I’d like to make a motion that PSOB goes out to bid as a merged unit.

Jackson: On what basis? Why?

Miranda: Goes out to bid…

Mckinzie: As a standalone.

Miranda: As a standalone unit. Do I have a second?

Brown: I second.

Miranda: Tessa seconds.

Jackson: Thanks a lot. Thanks.

Gerlitz: Madam Chair?

Bird: We’re, we’re with you, Steve! It’s going to cost ‘em! They better get their attorney going. Because we’re not going to let you go, buddy.

Miranda: Yes, Kenny.

Bird: So, bring it on! Bring it on!

Jackson: How come you can’t say anything, Eric? [inaudible]

Morris: [inaudible] question.

Gerlitz: Can you guys do some clarification. You’re using a lot of acronysms [sic] that don’t mean a lot for us Confederates down here. BPA I assume is the [inaudible] Power Administration?

Miranda: Yeah, or…But we, we just made it, I corrected…

Brown: Yeah, [inaudible] Portland State Office Building, Kenny.

Gerlitz: It’d make a lot more sense when we listen to this to know what we’re talking about. My suggested solution with Steve is, it seems like he’s personally identified with the location that he’s complaining that we’re kicking him out. Would he be more interested in putting BPA out for bid and keeping that location?

Mckinzie: Good idea.

Miranda: Okay, we have a motion that PSOB go out to bid, and we have a second. So we’ll do a roll call vote. Ken Gerlitz?

Gerlitz: Yea.

Miranda: Tessa?

Brown: I… Yes.

Miranda: Art? Art Stevenson?

Stevenson, Art: Am I off of, am I off mute?

Miranda: Yes.

Mckinzie: Yes.

Stevenson, Art: Okay. For the record, there’s an active complaint filed on this issue. And therefore should not…

Miranda: Yes or no vote, Art!

Stevenson, Art: I, I abstain because this is not an appropriate bid for this…

Miranda: Okay, thank you. Cathy Colley-Dominique? Yes or no?

Colley-Dominique: Yes.

Miranda: Char Mckinzie, yes or no?

Mckinzie: Yes.

Miranda: And I vote yes.

Jackson: Can I ask you a question, Lewanda? Can I, [inaudible] , but…

Miranda: Sure.

Jackson: Why are, why are all the Board members and you, as well, want me out of there? Why?

Miranda: We just want it done fairly. To our knowledge, they have all gone out to bid. If no one bids on it, it gets reassigned to you, that’s fine.

Jackson: But why do [inaudible]? Why does it have to go out to bid? What is the, what is the reason…

Miranda: Because we want to be consistent with what’s happened in the past.

Bird: Well then why do you have, like some other people that have a temporary things, like a Joe Bassett stuff, that’s only supposed to be for 90 days, it’s been over a year. How consistent is that? Or you just got to be the Board member. Thank you.

Miranda: It has not been assigned on a permanent basis.

Bird: Exactly. And that’s why he can only have it for 90 days and it goes to someone else, you know. It’s about who’s greedy here?

Miranda: I wonder. Okay. Next, B is Code of Conduct, Core Values, this will no longer be a, a motion, item, we’ll not take action on this. Director Morris sent it out yesterday for everyone to look over and we’d just like to get a little input. And it won’t be an action item until the next time when he can do some word crafting and revise it and make it fit our program better. But to any of you that have read it, we’d like to hear your input. If you did not have time to read it and would like to submit any suggestions, recommendations to Director Morris, we welcome it.

Hauth: Yeah, I had a, I have a comment, Lewanda.

Miranda: Okay, Randy.

Hauth: Yeah, a couple of things come to my attention. I’d like answers to it, is, why if it’s an agenda item?

Male voice: Because Eric put it [inaudible]…

Miranda: This is an agenda item because we feel that the code, that we need a code of conduct because of the way people treat each other in this program. It’s not appropriate. The bullying, the intimidation…

Hauth: So, who, who propose, who proposed a code of conduct?

Miranda: Who proposed it? The Commissioners did for one. Is that what you’re getting at, Randy?

Hauth: I believe I was at the meeting, so I believe Commissioner McQuillan brought it up. And I just want to share with you…

Miranda: No, it was actually, it was actually Patricia. I was at the meeting also.

Hauth: Yeah, I was at the, [inaudible], I was at the, yeah I was at the meeting, thank you though. But I do want to share for the record that I am very concerned that one of the Commissioners who has a documented pattern of concerning conduct would propose such imposition or direction on us, the licensed blind vendors in Oregon, which I can provide you the documentation if, if you’d like.

Miranda: Oh, I just put… Is there any reason why you’re against the Code of Conduct?

Hauth: So, so anyway, the other thing is, is what, what other clients or consumers of the Oregon Commission for the Blind would be, you know, under this policy, or is it only simply a targeted effort upon the licensed blind vendors? Are there other consumers in the Agency that are, this Code would fall with that?

Miranda: Could you answer that, Director Morris?

Morris: You know I, that’s a good question, Randy. I don’t know. I haven’t researched that part of it. I don’t usually research things outside of BE very often, but I can definitely ask the question. I think it’s, it’s a reasonable question, because I think these, the stuff that’s in here is just basic good conduct, so… [inaudible] find out.

Hauth: And, and, yeah, and I believe those are in the by-laws or those conducts are within the Rules and Regulations. I don’t believe personally if you start, you know… We heard numerous times from Commissioner McQuillan and Linda Mock, and, and others in a power of authority that our program is just a miniscule fraction of a percentage, and we cause a lot of trouble, and we cost a lot of money. So now when you start imposing policies of conduct and core values outside the scope of law, you end up isolating and targeting people, and it really raises some red flags, and specifically and especially when others who are blind and consumers of the Agency aren’t going to be all under such, you know, jurisdiction. So, I just wanted to, wanted to share with you that we are not employees of the Commission for the Blind. The Rules and Regulations that govern our program, you know, those are guidelines, those are, but to, to impose anything above that, I’d, again, I believe is treading on thin ice. Thank you.

Miranda: Thank you, Randy. Would anyone else like to comment on the Code of Conduct?

Bird: Jerry Bird, Jerry Bird!

Miranda: Yes, Jerry. Yes, Jerry.

Bird: Yeah, [inaudible]. Oh, yeah, yeah. Just that, you know, I know it’s, sometime we get a little heated. I do most of the time, you know, but I, I get passionate, and that’s kind of our rights, you know. As long as you’re not, there’s a point. And we all know as is businesses where, where a point, and, and we can’t get in trouble. And the rules of doing, crossing that line. But, let me tell you, this is a passionate, I’m 61 years old. I run my own business. I don’t want people telling me what to do. Now I’m willing to follow the rules of our program, but when you start

overstepping and acting like I’m some other program, that I need a schooling, and I need teached, you know, just because I speak my mind. You know, that’s, that’s America here. And when you want to impose different rules on us managers, that just troubles me. You’re giving up little rights, even though it seems like to you, well, that’s just keep you guys from saying something mean to me or something. And who’s going to decide when it’s mean, and who’s going to decide what happens if you said it mean, and how mean was it, and what are we going to do to you, and you know, should we get you out there and whip ya? I mean, how many lashes do you get for that one, you know? It’s insane, you guys. We, we, we are adults. We supposed to be businesspeople. We get heated and, and ask questions about our program, because it’s our livelihoods. And it’s what keeps our family alive. And you start thinking about, doing other ways of breaking stuff up, and when you start judging people for how much money they make, it’s a sad thing. It becomes a welfare. It’s not an, an independent livelihood which the program was made up to be. So I ask you guys, we are adults, we don’t need that schooling. You know, so, I, I’m just amazed. I mean it’s, you just getting harder and harder, we can’t speak, we don’t get comments, you don’t want to hear nothing! And that’s not our program. You’re supposed to be able to voice just like I’m doing right now. And I appreciate you listening. Thank you.

Brown: This is Tessa.

Miranda: Yes, Tessa?

Brown: I, I agree this is a program with a lot of passionate, several people, all of us who are involved in this program have a lot riding on the things that we do. But given the past and, past, past actions, something has to be done to prevent it from getting worse in the future. And I, I’m helping to raise my nieces right now, and what I teach them is actions have consequences. And this is a consequence of actions past. We need to take steps to prevent it from happening again, or from getting worse. Stevenson, Art: Madam Chair?

Miranda: Yes, Art?

Stevenson, Art: Okay, I, I want to make a suggestion. First of all, I don’t think a Code of Conduct should be in our Administrative Rules. If we, we’re going to have any, something mentioned about protocol or whatever, I believe that it isn’t up to the Elected Committee to decide it. I believe it’s up to all the blind licensed managers. I think it’s inappropriate to put something in this, in the Administrative Rules. And so I would encourage all the blind licensed managers, if you believe there ought to be something, that’s fine and dandy. It should be in our by-laws and it should be voted on by all the blind licensed managers. And so, everybody consider that, that’s on the phone. Everybody that’s not here, I will encourage to listen to my statement here. But I believe it’s inappropriate to make an Administrative Rule of Code of Conduct. It should be in our by-laws and all the managers should be allowed to vote on whatever gets put in it.

Miranda: Thank you, Art. Is there any comment on the information that was, the draft that was sent out by Director Morris yesterday?

Gerlitz: All I can say is I work for these three state agencies then they, it was all in their Rules and Regulations, which comparable to our Administrative Rules, Regulations.

Bird: Once again we are not a state agency. We want to be a state agency, go work for the state. We are independent business men and women. That is the goal of the Randolph Sheppard Act. So, you know, want to work for the state and go that, we don’t have benefits, the state do. Why don’t, they get benefits. I mean, this is, you’re guiding us all as, as if we’re a state employee and we must be followed by these code of state employee ethics. That we’re not, we’re business people with different minds, different ideas. Once again, if we’re not business people, you shouldn’t license us. I mean, come on! But I need [inaudible] how to do. Thank you.

Miranda: Okay, any comments, okay, any comments on the draft that was sent out by Director Morris yesterday?

Colley-Dominique: This is Cathy.

Miranda: Yes, Cathy?

Colley-Dominique: I did read it and I, I thought it made perfect sense. And you know, it doesn’t have anything in it that, if you use your common sense, and you, you know, that, that, that shouldn’t be in it. But the other thing is if we didn’t, we, if we as business people acted as professionally as we’re supposed to act, this wouldn’t even be in discussion right now.

Mckinzie: Amen!

Miranda: Thank you, Cathy. Okay, Eric, could you look on your calendar for next meeting? It’d be two months out.

Morris: I believe it’s July 23rd, Lewanda.

Miranda: Okay, next meeting July 23rd, 2015. We will be going into Executive Session. We will not be taking any action at this time. So I’m going to go ahead and adjourn the meeting and ask the Elected Committee to call in to the number that was provided to you. Thanks to everyone who participated.

[meeting adjourned]

Documents

€¦ · Web viewMiranda: Okay, I’d like to make a motion that we accept our revised agenda. Do I have a second?