BUSINESS ENTERPRISE PROGRAM of OREGONBECC SPECIAL MEETING

Thursday, December 8, 2016, at 3:30 PM

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

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

AGENDA

Any of the agenda items below may become an action item.

1. CALL TO ORDER - Salem 1 Representative Jerry birda. Roll call

2. PUBLIC COMMENTS - 3 minutes per person, 1 time per person3. NEW BUSINESS

a. Nominations then elections for vacated BECC Chair. All votes will be by email, and must be received by Monday December 12th @ 5pm. Email votes to Eric Morris (Eric.Morris@state.or.us).

b. Chemeketa Community College letter to OCB – vending opportunity. Possible action item.

4. OTHER5. DIRECTOR’S COMMENTS6. NEXT MEETING7. ADJOURNMENT

VERBATIM

[Started at 00:06:53]

Bird: All right, it’s 3:32. Anybody have any objections to starting the meeting now?

[Male voice]: Proceed.

Bird: All righty. I… since I kind of [inaudible], I guess I’ll call this meeting to order. I think we need to do a roll call. We’ll start with the Board members. Harold Young?

Young: Here.

Bird: Steve Gordon?

Gordon: Here.

Bird: Steve Jackson? [Silence.] Uh, who else?

StevensonD: Here.

Lin: Derrick.

Bird: Derrick Stevenson.

StevensonD: Here.

Bird: Okay. I guess that’s it. Hopefully, Steve Jackson will be calling shortly. And then I guess I’ll do the membership, the managers. Let’s see, Tessa Brown? [Silence.] Tessa Brown? [Silence.] Cathy Dominique? [Silence.] Cathy Dominique? [Silence.] Let’s see, uh, Randy Hauth?

Hauth: I’m here.

Bird: In Portland, uh, Art Stevenson?

StevensonA: Here.

Bird: Is it Mckinzie, uh…

Miranda: Hawkins.

StevensonA: Hawkins!

Bird: Sorry! Char? [Silence.] Okay, let’s see. Who else we got? Oh, um, Gordon Smith? [Silence.] Gordon Smith? [Silence.] Let’s see, who am I missing? Oh, Lin Jaynes?

Jaynes: Last but not least, I’m here.

Bird: Okay. Thank you. Um, let’s see, have I missed anybody?

StevensonA: Salvador Barraza.

Bird: Yeah. Sal? Are you here, Sal?

Kinney: I’m here, Jerry.

Bird: Who’s that?

Kinney: This is Carole.

Bird: Carole? Carole Kinney?

Kinney: Yes.

Bird: Okay, cool. Thank you.

Miranda: Lewanda’s here.

Bird: And Lewanda’s here. Thank you, Lewanda. Have I missed anybody else? [Silence.] No? Okay, I guess we’ll move on to the public comments. Got three minutes for now, per person one time. Is there any public comments? [Silence.] Any public comments?

Hauth: Yeah, Jerry, this is Randy.

Bird: Yes, Randy.

Hauth: Yeah, I’d like to make a public comment.

Bird: Go right ahead.

Hauth: Yeah, anyway, first of all, good afternoon everybody. I wanted to touch base and reflect on our Business Enterprise Program and just share with you all that – and, you know, it’s my opinion and many of those who I speak with – that our program is a train that has run off the track. And not only has it run off the track but it’s being systematically, um, decommissioned. You know, the parts are being pulled off and sold. Our rights are being sold down the river and the program is not providing the kind of benefit to blind in Oregon that it should. And I’m pretty sure, and those that I’ve spoken to, that, unless we join together as a village… and I’m not just talking about the blind vendors, I’m talking about our private partners, such as Canteen, their lobbyist, attorneys that we have worked with in the past that are well aware of the program, key legislators… over the last several years I’ve been able to, and fortunate enough to be able to build a good relationship with some key legislators, lawmakers. Also, in the private enterprise I sit on the Northwest Automatic Vending Association. I’ve been able to build some good relationships there. And, unless we all bound together and work through our advocacy efforts, you know, we’re at a pivotal point here in our career and our… our future of our program and I just really am fearful that, if we don’t do that, we’re not going to be long for this… this program. So, let’s… let’s try and, you know, let’s try and embrace that and let’s try and move forward and, you know, honestly, truthfully, let’s put our personalities beside us and put our past beside us and all make a commitment to move forward. And, you know, if I’m nominated for the Chair position I will gladly and graciously accept it. If I’m the best person or not, I don’t know. But I can tell you I’ve built a lot of relationships and if we can bring the blind vendors into that whole scenario I think we can make some great strides and put blind to work and take back our rights that have been whittled away by the agency. So, thank you very much.

[00:12:51]

Bird: Do we have any other public comments?

Jackson: Steve Jackson’s here. I’d like to say some comments.

Bird: Welcome Steve, and go ahead.

Jackson: Sorry I’m late. Well, I’d like to say we need to think and we need to act to make good decisions and it isn’t [inaudible] years and I think we can do better than we have been doing. And I also think that we need to pay attention to the fact that we don’t even have a Vice Chair right now, so we need to, you know, think about appointing a Vice Chair, which I would gladly appoint Jerry... uh, not appoint, but make a motion that Jerry Bird becomes the Vice. But I think we need to stand up for blind managers’ rights and I actually think Randy is a good… good manager to be the Chair. He was when I came into the program. I think he could do a good job. Thank you.

Bird: Thank you, Steve. Any other public comments? [Silence] Any other public comments?

StevensonA: Jerry?

Bird: Yes.

StevensonA: Yeah, this is Art. I wanted to pop in and say that I had an opportunity to sit through the OCB meeting last week and I was really kind of concerned about how the leadership at OCB painted this fantastic picture about how much money we were going to potentially make over what we’re making now. And the example that our Director and Executive Director used was Nicky Gacos’ post office, which happens to be the only… the largest post office in the country. But it also does not fit the picture of the vending facilities here in Oregon. They painted a picture that we were going to make grandiose amounts of money like Mr. Gacos was and it wasn’t even mentioned at all that his location has storage space supplied to it. All of his machines were in one location, which makes it very easy for one employee to service all those locations. There’s no expense for driving time or any of those kind of things. And it painted a picture that I believe was incomplete and not very forthcoming with the OCB Board of Commissioners. And so, I… I… I would urge the Elected Committee to set the record straight and actually give our Commissioners a picture of reality, not fantasy. And I noticed that they did not even mention the fact that Mr. Gacos had two… I mean one-third, two-thirds of his business was with sub-contractors, with Nathan hot dogs and with Dunkin’ Donuts. And completely legal in New Jersey. It should be completely legal…

Morris: Art, that’s…

StevensonA: …here in Oregon, where we can make the decision. So, thank you and I hope the Elected Committee does something about it.

Bird: Thank you, Art. Any other public comments? [Silence] Any other public comments? I hear none and I have one. I was really kind of disappointed and, um… that we have almost a whole new Elected Board and I did attend the last Commissioners’ meeting also and can verify pretty well what Art said. But Dacia Johnson, or even Eric Morris, when he… he had his time to talk about… never mentioned that we even changed Board members. I mean, I thought that was really disrespectful, not to… not to tell the Commissioners the names of the new Board members and… and all that. Or, when they had the other ones, where they paraded them around the room, almost. You know, “These are… our ones.” And then the Board changes and they don’t even take respect to tell them that we have a new Board member. It was like we don’t exist. So I’d like to just say that I was… that was very disgraceful and was not acceptable. And I don’t know if Eric can tell us why he… he didn’t even tell them any of the new Board members or what was the reason. I’d like him to at least say why he hasn’t… he hasn’t acted like we exist. Thank you. And can you… can you answer that, Eric? [Silence.] Okay. Thank you.

Morris: Jerry, I was trying to get off mute. I’m on a different phone today. Um…

Bird: Oh, I’m sorry.

Morris: Yeah, I… I thought you introduced yourself to during the public comments, so I think that’s kind of… that’s your answer.

Bird: Eric, I… I introduced myself as a Board member but you guys never even said anything about the other Board members. So. But okay, there’s your answer. Thank you. Okay, we’re going to go to, uh… Does anybody else have any public comments? [Silence.] I hear none. We will move to new business.

StevensonA: Point of order, Jerry.

Bird: Yes.

StevensonA: I think you guys’ve got to approve the minutes of the last meeting. That needs to be done by the Board. And then, also, I think Steve wanted to make a motion.

Bird: A motion. Okay. I… this new agenda didn’t have approving any minutes. I don’t know if that’s because it’s a special meeting to you… Can you let us know, Eric, is this a special meeting… are we supposed to approve our minutes?

Morris: Well, Jerry, it’s normal to have that as an agenda item. It wasn’t one of the things you listed on the draft agenda, so I didn’t include it with the one we posted. Um, it’s not a normal… it’s not abnormal to adopt several months’ worth of minutes at, like, your next formal meeting.

[Silence]

Bird: Oh… okay. Was that… I’m kind of confused there. Should we just…

Jackson: I could give you some more time to review the minutes, maybe, if you want to just accept at the next… next meeting.

Bird: Okay. Why… why… why don’t we approve the minutes at our next regular meeting? Do I have any objections to that?

[Silence]

Jackson: No.

Bird: You have no objections… and Art said something about…

Jackson: Well, yeah, Jerry. Could I speak…

Bird: …a motion.

Jackson: So, Jerry, could I speak? Steve Jackson here. I really think…

Bird: Go ahead.

Jackson: …that because we never… we never had any Chairperson elected… at the last meeting in November, Lewanda was still the Chair but we never hired a Vice Chair. So I’d like to, um… I’d… I think we… I’d say a point of order or… or I think we need to address…

Jaynes: Make a motion.

Jackson: We need to make a motion, yeah, that… well, I would like to make a motion, Jerry, that you become the Chair until further… things, you know, can be, you know, ironed out. For now, temporarily, I’d like to make a motion that you become the Vice Chair of the Board.

Bird: Okay, I’m not sure on that other than my first thought was thinking that usually the Chair does give a… do a Vice Chair. But we don’t have a Chair at this time and [inaudible] we probably won’t know our Chair until Monday. So you said you want me to be a temporary Chair until we… until we get the elected Chair and they’ll get to call all the procedures?

Jackson: Yeah, and it’s not… Chair, Vice Chair, whatever. One of the… we need… we need someone that’s… yeah, you’re… you’re running the show, so we need someone voted in to be that person.

Bird: Um…

Jackson: So, yeah, once again, I’d like to make a motion that you become temporary Chair until… until we elect another Chair and then they can elect a Vice Chair.

Bird: All right, we have a… we have a motion that Jerry Bird be elected temporary Chair until we get our permanent Chair and at that time they can select their own. Do I have a second?

StevensonD: Yeah, I’ll second it.

Bird: Okay, the motion’s been seconded. Do we have any discussion?

StevensonD: Yeah. This is Derrick. Yeah…

Bird: Go ahead, Derrick.

StevensonD: I think that should’ve been the first… you know, it’s customarily the first business that we should’ve… we should’ve done anyway was to put someone in charge as… as temporary Chair before… before the meeting was actually called to order. And, you know, we have to have somebody… the Chair runs the thing, so election of temporary Chair is just something that needs to happen.

Bird: Okay, I agree with you. We probably should’ve done that at the very start of our meeting, but I apologize that that didn’t happen.

StevensonD: No worries.

Bird: Any other comments or discussion? [Silence] Okay, that’s been approved, so we’ll move on. Okay, our next item, it would be…

StevensonD: Got to have a vote, Jer.

Bird: Oh, shoot! Sorry. Okay, we have a motion that’s been seconded, that Jerry Bird will be temporary Chair until we get our permanent Chair, at which time they will select their… make their own decision. Harold Young?

Young: Yes.

Bird: Steve Jackson. [Silence.] Steve… Steve Jackson?

[Garbled response.]

Bird: Steve Gordon.

Gordon: Yes.

Bird: Derrick…

StevensonD: Yes.

Bird: …Stevenson. Is that everybody? I think so. Okay, the motion has passed. Now we will go to our new business. ‘A.’ is the nominations. So it looks like we’re going to put it out on the floor for nominations. So, does anybody have any nominations?

Jackson: I [garbled] Hauth.

Jaynes: Lin Jaynes nominates Randy Hauth for Chair.

Bird: Okay, Randy Hauth has been nominated as Chair. Do you accept that nomination, Mr. Hauth?

Hauth: Yes I do.

Bird: Thank you. Do we have any other nominations, please?

Miranda: I’d like to nominate Derrick Stevenson.

Bird: Is this Lewanda?

Miranda: Yes.

Bird: Lewanda nominates Derrick Stevenson. Derrick, do you accept?

StevensonD: I’ve given this a whole… whole lot of thought and I think I have some positive things that I’d like to see accomplished and changed. And yes, I accept.

Bird: Okay, Derrick Stevenson accepts. Do we have any other nominations? [Silence.] I’d like to just say one thing just so they know that this Chairperson is responsible to attend our multiple stuff and we… I know, Derrick, you’re way out of there and that’s not a problem other than you understand that you may have to get plane tickets and bus tickets to… you’ll have to do some work here in town and we expect you to be there as our Chair to, uh, participate with us. And…

StevensonD: Well, most… most of that can be done by conference call if… if need be.

[Silence.]

Bird: Okay. If we want… anyway, that’s a… going to have a long-distance Chairperson if you guys select. So is there any other nominees? [Silence.] Okay, if I hear none, nominees will be closed. Look… looks like what we’re going to do is you’re going to have to, uh… all votes will be email and must be received by this Monday, December 12th, by 5 pm. This next part I have a little problem with. It says email votes go to Eric Morris. Now, I have a problem with Eric Morris. I don’t believe what he said on… we… we want a person that’s neutral. And, like Eric said when we suggested maybe Mr. Edwards, that how can it be a… a private vote if… if he… if Mr. Edwards gets the emails. Well, the same thing if Eric gets the emails and it’s off or not. So I put

in mine that we would like – kind of like our last meeting, where we had the Women League of Voters, uh, do our votes and announce them. We put in… I think… when I sent in about how we… process we would prefer, but I see that Eric has just put it on that we send them to him. I would still prefer that we do it with a neutral person, you know? How do the other managers… or maybe we could put it out for a motion. I’m not sure what… do we have any [garbled] comments? Yeah, anybody have any ideas or comments on how they feel that should work?

Miranda: Jerry, why don’t you send them to Director Morris and cc: Edwards?

Bird: Well, that’s what I suggested and Eric…

Miranda: Oh.

Bird: …came back and said that, how would it be a secret ballot if Edwards [garbled due to interference]. I would agree with that, if everyone else would. We just want to make sure there… you know what we’re saying. Same as we did in our last meeting, you know. We didn’t have Eric come and I don’t think it’s proper for him to do it now. So, someone else has to be… if Eric wants to get them I guess he could get them also and we need someone else again to verify. That’s all I’m saying. Not that I absolutely don’t trust Eric… Mr. Morris, but it just… I just don’t want that to be an issue.

Hauth: Hey, Jerry? Chair… Chair Jerry Bird?

Bird: Yes, Randy?

Hauth: Yeah, I would… I would suggest that as well, that Director Morris is not impartial, I don’t believe, and also the nominations or the votes that come into him aren’t, you know, they aren’t confidential because they come by an email address so it can be clearly identified through that. So I don’t know the best way to do it but certainly there’s a question there. The… the bylaws kind of contradict themselves. But, you know, I also wanted to mention something, if I may, because I may, you know… I’d like to hear if Derrick… if Derrick wouldn’t mind sharing, I would certainly like to hear what his thoughts are on moving the program forward or the things that he mentioned that he’d like to change. And the reason being is because, you know, if I go through and count the votes, the core group that have been in charge over the last, oh, two and a half years, where the program has floundered, most likely will throw their votes behind Derrick and I won’t win the nomination. And with that being said, if, you know, two… two, three weeks ago, when Derrick and I were breaking bread together he was supporting my position for that, as I understood it. And I don’t know, exactly, what’s changed between then and now. But if Derrick could share that, you know… his dynamic leadership forward… what that plans, then it would at least allow me to consider if I want to move forward or not. So, if you wouldn’t mind.

StevensonD: Yeah, no, I don’t mind. I… I… I kind of think that, you know, a fresh… a fresh face is needed and that the first thing I plan on doing is reaching out to the OCB Board and explaining

to them what… what our responsibility as a Board is. And my first complaint will be that, when they sit down and Eric and Dacia are talking about our program, that we as… we as a Board should also have the opportunity to speak on the issues when they’re being brought up. I mean, it’s kind of ridiculous to me that they’re sitting there talking about us and sometimes they have questions and whatever and they don’t ever allow us to participate. I think, you know, if they’re going to be in charge and make decisions regarding… regarding us, I think our Board should have the opportunity to speak. We… I don’t think we’re, you know… I don’t think we should be classified as… as the public. We are… we are under their umbrella and they make rules and stuff that affect us and we should be able… able to talk just as freely about issues as Eric and Dacia are. And, you know, that’s one of my main… first goals is going to be is getting the Board to start respecting us as a Board and… and including us in these conversations. Along with that, I plan on having workshops… well, not workshops but, you know… well, yeah, I guess we can call it workshops, where… where we can meet and we can discuss things and we can… we can work on rules, we can work on bylaws, we can work on everything as a complete, whole… whole group and I think we’ll accomplish a whole lot more in a faster pace if we just do our… do our workshops. I think it’s legal. I mean, County Commissioners here in Grants Pass and stuff have them all the time so I know, you know, workshops are something that… that we can do. I don’t think, you know, we need… need to necessarily have… do it the way we are now. I just think, you know, fresh… fresh start is… it will be a good thing. And, if you got any other questions… Well, I’ll address… kind of address what… what Jerry said, you know, that… that I need to be in Salem or Portland in order to do my job and I don’t… I don’t think that’s… that’s a true thing. Yes, there will probably be times when I might be able to jump on a bus and go to Salem if we’re going to meet or not. But… but I, you know, I was… even as… even as a Board member I was, you know, I was told that I would be able to call in and take part in any conversations that are going on concerning our program. So I don’t really see the fact that I’m… I’m not in Portland and I’m not in Salem as… as an issue. I don’t think we should say, “You can’t run for Board or whatever because you don’t live in those two locations.” If you have any other questions, that’s the answers to… I will try my best to answer.

[00:35:13]

Hauth: Yeah, well, thank you. I… I would just say that, Derrick, you know, I appreciate that. I don’t know that you spoke about legislative [inaudible] and with the session coming up, I think there’ll be some pretty important and impactful legislative issues going on. And I’m certainly not trying to take away from your desire to operate as the Chairperson. I just think it is kind of confusing to people and it may not bring everybody together. You know, we… we’ve been to the Commissioners before and we’ve done this before and, you know, I… with what I’ve seen the administration do, including the Commissioners, and how they’ve trampled on our rights, Derrick, I believe personally, and I may be wrong, but it’s going to take a lot more than sitting down at a table and asking the Commissioners to listen to you. I believe that conversation needs to occur in a whole different arena. But, anyway, I appreciate you sharing that and I’m going to… Lin I know you nominated me, but I’m going to… you know, give me a little bit to reconsider my nomination. Quite honestly, if I run against Derrick the numbers are already out there and counted and I…

StevensonA: Randy, hold up.

Jaynes: Hold on, Randy.

StevensonA: Now, just hold on a second, ‘cause I… I… I do want to talk and, Derrick, if you want to be a leader and you want to be the Chair of the Elected Committee then you need to do what the Chair needs to do. And that’s when important issues come up, legislatively or whatever, you got to be willing to take care of them to [garbled] them as the Chair and advocate for our program. The legislators… is very important. You got to be there when issues come up like us potentially losing the fairgrounds. You’ve got to be able to get up in front of the legislators and testify and… and speak for the program. And that’s just a fact. Being a Board member is one thing, but when you’re the Chair of the Elected Committee you’ve got to commit yourself to be there at a moment’s notice and… and… and be advocating for our program. Otherwise, we… we’re not going to be functioning at our full capacity. And so, if you’re on the Board and participating that’s one thing, but when you’re a Chairperson you got to be able to make the sacrifices, to come up here and appear in person and show those individuals, you know, that what’s going on isn’t right or… or whatever. That’s… that’s the way it works and that’s what we need in a Chairperson. And I’m sure you’re gonna… you’re gonna make a great Portland rep, but you being curtailed down there in, uh… in, uh… Grants Pass and not being able to… and it can be 24 hours notice and you got to be there ‘cause, otherwise, we won’t be able to get the job done.

StevensonD: Well, I understand… I understand where you’re coming from but, you know, I, you know, I trust that we have strong enough Board members and stuff that, if need be, I can lean on them and hopefully they won’t refuse just… just because, you know, I’m not able to make it or do it in a day’s notice. I mean, you… you… you haven’t been on the Board for… for quite some time and you… you seem to do a pretty good job of doing that stuff and hopefully, you know, when the time comes then, you know, people that… that can make it in in that short period of time will be able to… to do what needs to be done. I don’t think, you know, it’s… it’s something that, you know, the Chair’s… the Chair’s the Chair, he’s not… he’s not a… any stronger, I don’t think he’s any stronger of a… of a member of the Board then the Board as a whole. Each… each member, to me, is just as important as the rest, you know. I… I think we need a Chairman that… that’s going to facilitate things and make sure that, you know, things are… things are getting… getting done. And I don’t think me jumping on a… on a bus, just because something’s coming up and I can’t make it, that somebody else won’t be able to fill those shoes.

[Silence.]

Bird: Got any other comments?

Jaynes: This is Lin. I have a comment.

Bird: Go ahead.

Jaynes: I believe Derrick is very sincere and I think he is a wonderful Board member. I don’t have a problem with any of that. What I did have a problem with was the comment about fresh face when, in fact, Derrick’s been on the Board for a couple of years now and I haven’t seen that he has come forward to really be able to stop some of the things that we’ve had issues with, from the rules right on down to subcontracting. I don’t think the distance, where he’s at, is an issue. I believe that technology is such that that kind of [garbled] that. But I do feel like, from an experience standpoint that, if he’s saying he wants a fresh face I’d have to say the same to him. Because the last two years I’ve not seen him step forward and really appear to try to stop the train wreck that I’ve seen happen. So…

StevensonD: I…

Jaynes: …that’s just my opinion on that.

StevensonD: I’ve been a Board member for a month. Since…

Jayne: No, I’m…

StevensonD: …since in-service. I wasn’t… I haven’t been on the Board for years.

Jaynes: But I haven’t seen you really be vocal about stepping forward, either. And, as I said, that’s just my opinion, Derrick. I would never say anyone shouldn’t be able to run for any position. But, in my estimation, Randy Hauth is far more experienced, he has far more contacts, and I think he stands a much better chance of turning things around than you would in time, I’m sure. But, for the immediate future, I think he… he’s a lot more capable.

StevensonD: Okay. But I’ll still make clear I haven’t been on the Board for… for four years, that I know of. It was Cathy was my rep and Randy’s rep for… for years. And as far as me stepping up, I’ve worked on every committee, I’ve sat on worked on the handbook and the rules committee. I… I step up and speak constantly about… about issues. I’m not… I’m not a quiet… I’m not a quiet person.

Jaynes: No, you’re not. And thank you for…

StevensonD: If I have a… if I have an opinion, I speak… I speak my mind. So…

Jaynes: Maybe perhaps I say that because there’s been so little interactions with the managers itself on anything that’s really come down over the last couple of years. There’s been no phone calls from representatives out to managers, there’s not been a lot of interaction or vocal, uh, lending a hand and saying, “What are your thought processes?” It’s a [garbled] this program has not belonged to the managers at all.

Bird: Yeah, I’ve got a little comment and that’s true, you know, Derrick… your distance shouldn’t be a problem, as long as you’re willing to… when you have to be here, have to be

here. And that’s stuff you have to decide when you do live out… and the comment about… yeah, you was on the handbook committee, but we very seldom was able to get you to participate with it. And I’d just like to say, I know a lot of times it’s like bowling and baseball, way before our… in terms of our program… which, you know, these are just things we want to know about. Not that you can’t be a good Chairman, it’s just that there’s a lot of responsibility and you have to commit to it and be able to come down because, like you say, a fresh face is not a fresh face over the phone. And when we talk to legislators, we need our leaders there along with the people, to show that we’re a… we’re a Board, you know? It’s… so that’s all I’m saying is, not that you can’t do it; that you just got to consider that… that what your job… what’s going to be expected of you. And that’s all I can say. If you’re willing to get here and whatever it takes on your transportation, that’s up to you. But we have to have our Chairperson be our leader and be involved when we go to legislature and we go to that. You can’t just say, “Well, our Chairperson lives here and he can’t make it.” So he just says we’re… the Board members can fill in for him. That’s not the idea. Our Chairperson is the leader and the one that we expect to be in front and to be at these places, to go to places, to represent and, like I say, it could be even expensive. But it’s a commitment. So that’s all I say. If you make a commitment, you want to be that Chair, that’s wonderful but you’re going to have to participate and take, you know… things… you’ll have to not maybe do and miss out on because you had to… your duty as a Chairperson. So, that’s all I’m saying is, you know, that’s all we’re going to… expect from you. So, thank you.

Hauth: Hey, Jerry…

StevensonD: I’d just like to say that, you know, I… I worked on the rules with the confluence center. I was there every day. I never missed… I never missed a meeting. And then, I worked on the rules committee with… with Eric after we got the AG’s opinion and… or, the AG’s thoughts, and I never missed one of those meetings. So…

Bird: The one I was referring to was the one with me and you and Lewanda and… and Art, when we wrote our handbook, when we was the handbook committee. We could not…

StevensonD: Oh, that’s…

Bird: That’s all I’m saying.

[00:46:04]

StevensonD: All right.

Hauth: Hey, Jerry, can I make one more comment, please?

Bird: Go ahead, Randy.

Hauth: Yeah, I’d just like to say, you know, I’m… if I… if I don’t win the Chairman, I’m going to consider this and I’ll get back with you all tomorrow. If I don’t win the Chairmanship, in my opinion, it’s not a loss for me because I’ve got my own things going on. But it’s certainly going to be a loss for the program. I have meetings Monday and Tuesday with the legislators. I don’t have to be an Elected Committee member or a Chair to be there meeting with them, but it’s just more impactful. You guys know that two and a half years ago, three years ago, starting with Carla McQuillan and through Dacia Johnson, through whoever, they don’t want Randy Hauth up there. Well, you ever wonder why? Maybe because I push them to do their job, and maybe because we all together have pushed them to do their job. That’s probably why they fight so hard to keep me out of that leadership role. That’s why they want people like Lewanda in there that will just roll along and, you know, it’s not going to get us anywhere doing that. And, in my opinion, they’re just going to continue to dismantle the program and they’re going to do it, you know, under disguise of night. And it’s just… it’s just a shame that we can’t really get out of our own way here. A month ago we had a plan that we were going to, you know, put a strong board together and you supported me as Chair. You know, it’s a tough job. You… you know, you’ll… you’ll… you’ll see that as, you know, you go forward if you’re elected. And, you know, you’re certainly… certainly have a lot to offer, don’t get me wrong. However, again, ask yourself, why does the commission not want me in that position and I think you probably know. So. Anyway, I’ll get back with everybody by tomorrow, after I consider if I’m going to move forward or not. Thank you very much.

StevensonD: Let me… let me… let me start with… with this and, you know, I… I… I still don’t really have a problem with you being our Chair, but what I’m going to ask from you that, if I… if I choose to… to not run, then I need promises that… that nobody’s going to be having conversations behind closed doors and making… making decisions and… and doing that. I know, a lot of times, people are going to get… get ahold of you and want to start talking about stuff. But, I mean, there’s… if somebody has questions and… and writes you and says, “Hey, we need to do this and we need to do that,” you know, the decision is not just the Chair’s; the decision is… is the whole Board and that’s the way it needs to be done. So, if someone contacts you and says, “Hey, let’s do this,” you know, we’re not… we don’t make… I don’t want decisions to be made over the phone. They need to be made and discussed in a… in a meeting at… at all times or during, like, a workshop or whatever. And if you can promise me that there’s going to be 100% transparency then, you know, I… I might think of not running.

Hauth: Yeah, well I’ll tell you Eric, uh, Derrick, I promise you that there will be 100% transparency, not only with the Board, but with all managers. I think the managers need to know everything that’s going on in this program. Even though the committee members make the decisions, the Board… the managers have been left so far out of this that it’s shameful.

Jaynes: Yep.

Hauth: And listen… listen, I haven’t done everything right in the past and I’ll admit to that but, at the end of the day, I think nobody can deny that I haven’t been there in the best of my ability, to advocate for this program and the managers that it serves. And, you know, I’m not

going… I’ve learned a lot and I’m not going to get sucked into the, uh… the behind-the-scenes, behind-the-door and the dark of night discussions. It’s going to be out in front of everybody, for everybody.

StevensonD: Okay. That’s… that’s one of my concerns, is that I don’t… I don’t want to hear, when we start arguing about something, well that, “Hey, Randy knew about it.” And then, of course…

Jaynes: Yep.

StevensonD: …didn’t take the time to… to… to inform everybody else. I mean… I mean, that is the past and I can get by it, I can think that you… you… you have… you have grown. So, with that being said, I… I withdraw my name from nominations.

[Silence.]

StevensonA: Jerry.

Bird: Derrick. Okay, go ahead.

StevensonA: Jerry?

Bird: Art. Yes?

StevensonA: I’d like to make a motion that we elect Randy…

StevensonD: You’re out of order, Art. You’re not a Board member.

Bird: Yeah, you’re not a Board member. You’re like… if you want to give us a comment, maybe, but you can’t…

StevensonD: Well, with that being… that being said I, as a Board member, says, since we have no other people running, that we should just make Randy the Chairperson by acclamation.

Bird: Okay, we have a… I second it.

Jackson: I agree with that; I second that. Steve Jackson.

Bird: Okay, we have a motion from rep Stevenson that, because there’s only one running at this particular time, that Randy Hauth be elected now under what’s it called acclamation. We have a… we’ve had a motion and its second. Now we’ll go out for discussion. Do I have any discussions? [Silence.] Going once…

Jackson: Well, maybe… well, real fast, Jerry, maybe you just… maybe you… one more time ask if anybody else needs a nomination or… I don’t know what’s proper, but…

Bird: Nah, the nominations are over. Okay, as we go to the Board, is there any other comments on this particular nominations? If not, I’ll go to the Board members for vote. Harold Young.

Young: I’m going to abstain from voting.

Jackson: What?

Bird: Harold abstains. Okay.

Jackson: Why?

StevensonD: It’s his right.

Bird: Okay, Steve Gordon.

Gordon: Yes, I vote for Randy.

Bird: Steve Jackson.

Jackson: Yes, I vote for Randy.

Bird: Okay, Jerry Bird, vote for Randy. Derrick Stevenson?

StevensonD: Yes.

Bird: Derrick votes. Okay, we’ve got four vote for Randy and one abstain. The motion passes. Congratulations, Randy, and you now can take over from me. Thank you.

Hauth: Well, and let me tell you, thank you… thank you everybody, and this is a commitment, it’s not just lip service. I… we need to all work together or our program’s going to be dismantled. And, you know, we need to… we need to communicate with all the memberships and we have to support each other. And let’s… honestly, let’s put down our swords against each other and let’s pick them up for each other and let’s find a way to do that, you know, and bring in our partners, like the lobbyists, and the attorneys and… and the legislators. There’s a lot of exciting things I think that we can… we can have occur. The unassigned vending going to the agency I think is criminal. So, let’s work on some of these things and work with the agency, but make sure that they… they understand that this is our program and we… we need them to do what’s best by the blind in Oregon. And, you know, Derrick, you make some great ideas; workshops need to occur, communication needs to happen, we need to have open dialogue and we need to work through some of these issues, you know. So, you know, that’s great. But,

um… so I don’t have the agenda pulled up in front of me right now, Jerry Bird, but, you know, if you get… Huh? Anyway, I believe it’s Chemeketa. Was that next on the agenda?

StevensonD: Point of order.

Hauth: Yes, Derrick.

StevensonD: Yeah, right now I think we need to take the opportunity for you to pick a Vice Chair and I would like to volunteer for that position.

Hauth: Well, if you would like to volunteer for that position and you supported me and you withdrew, I think it’s only an honorable thing to do. And I do have confidence in you, as well, so I would appoint you as Vice Chair if the Board will support that. And so, I’d like to…

[Unidentified voice]: That was great.

Hauth: …I’d like to nominate… a motion to nominate Derrick Stevenson as my Vice Chair. Do I have a second on that?

Bird: I second it.

Jackson: Yes.

Hauth: Okay. Is there any discussion out there? [Silence.] Okay, let’s go…

StevensonD: I’ll just… I’ll just say that, you know, I… like I said before, I think all Board members are… are equal and nobody really swings any power. You know, the… the part of the Vice Chair is to try and help to support the Chairman when… when he needs to, when he can’t… can’t do something and I’ll try and do my best.

Hauth: Yeah, well, I know you will.

Jackson: [Inaudible.]

[00:56:30]

Hauth: I know you will. So let’s go ahead and take a roll call vote on that. Do I have yay or nay by Jerry Bird?

Bird: Yes.

Hauth: Do I have yay or nay from Steve Jackson?

Jackson: It’s a yes.

Hauth: Yay or nay from Steve Gordon?

Gordon: Yes.

Hauth: And yay or nay from, uh… Derrick Stevenson? I’m sorry, Harold Young.

Young: Yes.

Hauth: Okay, and a yay or nay from Derrick Stevenson?

StevensonD: Yes.

Hauth: And a yay or nay from me… yes. So, anyway, welcome… welcome to that position. So, moving right along, let’s talk about Chemeketa and I believe… I’m trying to pull the agenda up. It’s in small print right now. So, Jerry, I don’t know if you’re prepared to speak about that at this point or…

Bird: Yes, I’ll… I do, but I’m going to have to say that I have a conflict of interest on this Chemeketa, first and foremost, before I speak. And I… what I’ve done… I think most of you know that this Chemeketa is in federal arbitration at this point and I don’t know what’s taking them but, you know, things move slow I guess. But, it ended over four month ago and I still haven’t had the decision from the judge, but she’s mentioned that it will be coming out shortly. So I talked to my attorney, who’s representing me on that case, about Chemeketa’s letter and he give me some advice, that I’d like to pass along. What he wrote was that may consider talking to the Board and making a motion “that the BECC requests that the Oregon Commission for the Blind will communicate, in writing, with Chemeketa Community College, advising and warning that the Oregon Commission for the Blind is expected… is expecting a ruling from United States District Court in the short term. Inclusive in the Oregon Commission for the Blind communications to Chemeketa Community College it will be stated that, in the event the plaintiff, Mr. Jerry Bird, is successful in his legal challenge, the Oregon Commission for the Blind will be compelled to void any contract. Therefore, potential vendors of Chemeketa Community College should be put on notice of the… of the risk associated thereby. Furthermore, the Oregon Commission for the Blind will also communicate in writing with Chemeketa Community College that, in an abundance of caution, Chemeketa Community College will want… may want to wait… or will want to wait until… want to wait on any award until the court has ruled.” Now, that’s… that’s what he said.

Hauth: Jerry, was that… was that a motion?

Bird: No, I just kind of read that.

Hauth: Okay. Okay. Okay.

StevensonD: This… this is Derrick.

Hauth: Yeah, Derrick. Please.

StevensonD: Yeah, I’m not… I understand the part that you have a complaint against Oregon Commission for the Blind, but I didn’t… maybe I just don’t understand whether that complaint included… was also… there was a complaint also filed against the college.

Hauth: Derrick, let me… let me share with you, if I may, and maybe it will clear it up a little bit. As you… as you know, the Chemeketa Community College has been a long-standing matter that’s gone through several arbitrations, recently in federal district court in Portland, Oregon being heard. We’re awaiting a ruling. It was heard in July and so we’re still… Jerry’s still waiting the hearing… the ruling on that. Now, Chemeketa is sending out a Request for Proposal, okay? So, it’s been, you know, what, two years or so since the first award was given. This legal matter hasn’t been remedied yet, so Chemeketa is sending out another RFP and Director Morris came to the Elected Committee in writing asking for a position on this RFP. Roger Harris, the attorney who is trying the case on behalf of Jerry, suggested, recommended or, you know, provided some input as to perhaps you want to make sure that the agency, the Commission for the Blind, informs Chemeketa Community College that we’re still awaiting a ruling on this, so… so that everything’s out on the table and anybody who may bid on it has that knowledge and also, if the award comes down, that, you know, the agency will be compelled to go and secure that location. So, I don’t know if that helps clear it up. It’s pretty confusing, you know, because it’s been so long and drawn out, but that’s, in a nutshell, I believe that’s it.

Jackson: [Garbled.] Steve Jackson.

StevensonD: Chairman?

Hauth: Yes, Derrick.

StevensonD: Yeah, I… I just kind of… so… so, the main complaint’s against the Oregon Commission for the Blind, not the college at this time?

Hauth: Yeah, it’s against the Oregon Commission for the Blind and the Department of Justice.

StevensonD: Okay. So that… that… that makes that part clear. So, I… I would… I would strongly suggest that…

Hauth: Derrick, it’s the Department of Education. I’m sorry. Not the Department of Justice.

StevensonD: Okay. And so, my… my main concern is that we shouldn’t be doing RFPs to begin with and that… that CCC already knows that they fall within the scope of the laws because they admitted it and we’ve had it before. I think we’d be… it would be kind of risky to not answer this letter and… and it’s the Oregon Commission for the Blind’s responsibility to secure this location. Now, what they do with the funds, you know, I would… I would say that if we put in… put in our bid and -- well, we’re not… we’re not supposed to bid – once we get awarded the

college, their… that money… none of the money should be assigned to anybody until after the case Jerry stated has been done. But I think, you know, we do need to take action and the Commission for the Blind, by means of their no-cause clause, you know, gave… gave the college permission to not follow the law, which we all know is… is… is not something that should occur any more in the future. Because it doesn’t… the Oregon Commission for the Blind doesn’t have the right to give any entity the right to not participate in our program.

Hauth: Hey, Derrick…

Bird: Mr. Hauth?

Hauth: We all agree with you, Derrick, and you’re absolutely right and I think, in what Jerry is attempting to do here is to introduce a motion for the Board’s consideration so that we can direct the agency on how to appropriately notify the… the college. But I heard somebody else. Did somebody acknowledge to be… to speak?

Bird: Jerry Bird. I’d like to have another comment.

Hauth: Jerry. Yes. Go ahead, Jerry.

Bird: Yeah, and you’re right: this is just part of my thing which is on that case. I also, for sure, believe just what Derrick has said and I… I guess ever since I been in the program, this is how I’m looking at it: the college sent the agency a letter. They didn’t put it out for bid yet. They sent them a letter which, I believe, if you look at our statutes under 346.530, where it discusses that… when they do all this and that, they have to inform the Commission thirty days before any action. Now, I think this is the first time anyone’s done that properly, I think. They notified the Commission and said, “Hey, Commission, we’re kind of giving you your 30-day notice, that in 30 days we’re going to put out, like you say, a competitive RFP. Now, to me, all the agency needs to do now is follow the next step and they need to notify them and say, “Thank you for letting us know. That we… we believe that this is… can be ran by a blind person. In fact, we don’t need to do a survey because it’s already proven that vending can work out there. So all we need to do now is to work out an IGA with you, or some kind of agreement to install a licensed blind vendor under the law. And there’s no need to put out an RFP because we’re not going to turn it down.” So I believe… but then, the other part on other issues also. So what we… I believe we need to do is finally get this agency to do the other part and write the letter that it says we’re supposed to and say we want it. And therefore it… there’s no RFP that needs to go out. Once they put an RFP it’s competitive. We… we’re supposed to do that before. So they’re… kind of like I said, doing the proper thing: they [garbled] that, if we don’t ask for it or something, they’re using the law now, our staff, to do that. Yes, so…

Hauth: Thank you, Jerry.

Bird: That’s what I’m saying. I think maybe something… we need to also put that into a motion somehow, that we believe the agency needs to take the next step according to the statutes.

Hauth: Yes, thank you Jerry…

Jackson: Chair, [garbled].

StevensonA: This is Art.

[Unidentified voice]: Can I just say…

StevensonA: This is Art.

Hauth: Yeah, go ahead.

StevensonA: Okay. I agree with… they gave notice before leasing, relicensing or the issuance of a permit. That is true. However, they did not provide the information to the agency concerning quality, quantity and price and I think that’s very important that that be pointed out to Chemeketa because of 220. They should put in writing they are leasing… releasing… or redoing, but they should give us the information: quality, quantity and price. And then the agency can most definitely write back to them and say, “We can provide quality, quantity and price and therefore you have to give us our preference.” And I think that Chemeketa may have intentionally left that out, said, “Hey, we’re going to put out an RFP.” But they did not let the agency know what their quality, quantity and price was. And… and I think the agency has got to do exactly what you guys are talking about, “Hey, we want to exercise our preference.” But I do believe that Chemeketa is obligated to provide us with the parameters of quality, quantity and price.

StevensonD: This is Derrick.

Hauth: Thank… thank you. Yes, Derrick.

StevensonD: Yeah, I… I’m not… I’m not a hundred percent sure that… that addressing quality, quantity and price is… is, you know, is all that necessary. But, you know, because when we… when we respond to them and we let them know that we’re… we’re able to supply them with… with quality, quantity and price, is… is enough. And if they have some kind of question as to whether or not we can, then we can… then we can address that.

Hauth: Yeah. Hey, Derrick, just so you know, I believe, and I do want to hear… I know there was a couple other people that wanted to speak, I do have a question for Director Morris as well. But I believe Jerry Bird has a well-crafted motion that will at least direct the agency to communicate properly with Chemeketa on this matter. But I do want to ask Eric… it looked to me like I saw an email, Eric, where you reached out to the Board and asked for their input or for them to make a decision, I believe, on Chemeketa and the RFP. Is that a proper… in your opinion, is that a proper process to contact the Board and ask for recommendations, outside of a meeting?

Morris: Well, Randy, I think the point… the point of my email was to tee it up so it could be talked about in a meeting. I wasn’t expecting people to send it back in a group type of a thing during… over email. It was to give people a heads-up that, hey, this was going to be a discussion point and here’s the… here’s the document that was sent.

Bird: Randy, this is Jerry.

Hauth: Yeah. Yeah, Jerry, go ahead.

Bird: I’d like to read… I’ve got the statue pulled up. I think it’d be helpful if I just read the little statue that says [garbled] that kind of clears it up. And that it’d be on the record.

Hauth: Yeah, if you’d like to read it into the record.

Bird: Yeah. Yes. This is statute 346.530, it’s called Notice to the Commission on Vending Facility Locations, Statement for Reason of Refusal of the Commission’s Offer. Well, it goes down and it says… I don’t think we need to do that ‘cause it’s [garbled] they notified us. So, number C is where I’m going to start. It says, “Inform…” – and this is what Chemeketa done, which I think [garbled] – “Inform the Commission for the Blind of any locations where such vending facilities are… are planned or might properly and satisfactorily be operated in or about other public buildings or properties as may now or therefore [correction: thereafter] come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending facility in such buildings or on such property.” And number two… number two is what the Commission should do next. [Garbled] what I read. Now, it says, number two: “If the Commission for the Blind makes an offer to operate a vending facility under the provisions of this section and the offer is not accepted for reasons other than the decision to have no vending facility on the premises, such head of the department or agency shall notify the commission in writing of the reasons for refusing its offer, including but not limited to the terms and conditions of an offer which was accepted, if any.” So that… that’s telling us, that’s what the Commission needs to do, right now. We need to… we need to make an offer. They told us this is available, so number two tells what the next step is for the Commission is to do is to make an offer saying we’re going to operate it and… and… and work with them on a… on an agreement. And then, say… say we do that, and they still come back and say, “Well, we thank you for the offer but we’re going to refuse your offer under the statute.” And then they’re going to have to… they have to give us in writing why they’re refusing it. Now, it has to be a legal… it has to be a reason that overrides ours. And if it’s not, then we move to number three: “Any contract or agreement entered into subsequent to July 1, 1975, which is not in compliance with or in violation of ORS 346.220 and 346.510 to 346.570, shall be null and void.” So, that’s [garbled] for them to follow the statutes and make an offer. “Thank you for letting us know this is up and we’re going to make an offer.” And then they’re… the next step is for them to either accept it and start working on an agreement on how we’re going to do it or they’re going to refuse us and…

Hauth: All right, Jerry. Yeah.

Bird: Thank you.

Hauth: Thank you for reading into that. I’d like to ask Director Morris, if you could comment on that, understanding what Jerry was reading, what’s your position, as the Director of the program, on that?

[01:15:07]

Morris: Sorry, am I off mute? I’m trying to get my phone to work. I understood what Jerry was reading. I’m not quite sure what you’re looking for from my perspective, Randy. I’m… I’m looking for guidance and active participation from the Board so, once you guys come to a consensus, then… then we can talk about it from there.

Hauth: Well, what’s, you know, so what’s your plan as far as the law being read and making an offer? Do you have any plans on doing that, outside of bringing it to the Committee, or… It seems, I mean, to me, you know, it seems pretty straightforward on what the responsibility of the agency is to do and so, um…

Morris: Yeah, I…

Bird: Randy, would it be that we just make a motion that they follow the statute under there, simple as that. And then include the [garbled]. Something like that.

Hauth: Yeah, well, I’ll entertain… I’ll entertain any motion… I know you have a well-crafted motion that you need to also, you know, address. But let’s… if I may, let’s go ahead and I’ll entertain a motion brought to me. Art, is that you that wants… wants…

StevensonA: Yeah, I just wanted to make a quick comment. I think… I think making the motion and seconding it concerning the issue that is being litigated right now, I think that step should be taken. And I also do believe that the Elected Committee should direct the agency to follow the laws of the program in that process which, obviously, 220 is part of that which means, you know, what does Chemeketa want as far as quality, quantity and price because the agency has to give them the… you gave us your… what… what you need, we can provide it, therefore you have to give us preference.

Hauth: Okay. Well, thank you, Art. I just want to hear… I know we’ve been talking about this quite some time now and we need to move forward and take some action if we’re going to do that. But I do want to hear from Harold, Board member Young, and also from Board member Jackson and Gordon, if you guys have any input on that. So, Harold, do you have any thoughts on this?

Young: Yeah. It sounds to me as if, you know, you guys are right that the… Chemeketa sort of opened the door by sending that thirty days’ notice out because, like you say, they haven’t done… nobody’s done that for a long time and that’s the way that it used to be done. So, yeah, I’m in total agreeance there. We need to have the Commission write a letter responding to that and go from there.

Hauth: Thank you, Harold.

Jackson: Can I speak now? Randy?

Hauth: Sure. Steve Jackson.

Jackson: Okay. I’d like to just second exactly what Harold just said because, from what I understand, from what Jerry read, it… the Director or the Commission for the Blind needs to address Chemeketa and let them know that there’s a federal, you know, there’s a court case going on and they need to just let them know that we have priority. And I think we need to ask them. I’d like to make a motion that, if I can now, is to ask Eric to write a letter to them, Chemeketa, and saying those things…

Hauth: Well..

Jackson: …to be…

Hauth: Yeah, Steve? Steve? If I may, if I may, and thank you very much, I want to hear from Steve Gordon as well…

Jackson: Yeah.

Hauth: …and then I believe… I believe Jerry has… has thought through this and wants to address it…

Jackson: Sure.

Hauth: …in his… in his way, I believe. So, Steve Gordon, are you on the line?

Gordon: Yes. Letter needs to be written and we need to follow procedures and the laws and it’s just… it’s just such a simple thing. Things may take time, you know, as far as answers and snail mail and all that, but just… the job needs to be done. Our preference is there, it’s in the law. We just need to follow the law so I agree with everyone else.

Hauth: All right. Well, thank you. And, Jerry, if you’re… if you’re ready to make any motion please also make sure you state any conflict of interest. I know you did previously, but… so, if you’re ready to make a motion I’ll certainly consider it. Or if any other Board member is ready to, but…

StevensonD: I’d just like…

Hauth: Derrick, go ahead.

StevensonD: Yeah, I think, you know, we’re going to… going to vote to have a letter written and I would propose that we… that we… ‘cause it’s kind of confusing for me and stuff, that we have kind of a work group to put… to help put this… this together, rather than relying, you know, just on email or whatever, so that we can make sure that all the… all the prime topics are covered.

Hauth: All right. Jerry, what’s your thoughts?

Bird: Well, um… I kind of see what Eric… Derrick’s saying, but we’re here and I think Eric’s asking us for a motion on how we want him to proceed which, like Randy was saying, is a little strange because he should know these statutes pretty good and tell him what he’s supposed to do. We shouldn’t have to tell him, but apparently… he wants to be directed instead of following the law. So, I don’t know how to make a motion on that first part that I read; it was a big, long paragraph. I don’t know if I read that whole thing again and say that’s a motion. I know I do want to make a motion that Eric sends the letter under 346.530 (2) and makes an offer in accordance to that, that we work together with them to come up with an agreement and at that time is when we’ll decide what machines they need and what products and that. That should be contained in our offer. I think Eric needs to send them a letter saying, in accordance with 346.530 number two, we are… and do just what that says. You’re making an offer to operate a vending facility. We believe a blind person… it’s acceptable for them, just what that says. I mean, Eric’s pretty good at writing stuff, so he should be able to really make them believe that, you know, they need to follow this, we’re going to make an offer. And they may refuse it. But if we don’t…

Hauth: Yeah, so Jerry, Jerry, if you want to make a motion you can make a clear and concise motion based on that… what you… what you’re requesting.

Bird: Okay. I’ll put it this way: I’d like to make a motion that Eric make CCC aware of our court case. I can send him the one I read so he can read that, but they need to be made aware that there is one in. And then, also, as a motion, that Eric sends a letter… makes an offer to them in accordance with the 346.530 number two.

Hauth: Okay, so a motion’s been made by Board member Bird, that Chemeketa be informed by Director Morris of the pending court case and also that Director Morris follow the Oregon Revised Statutes in accordance with the offer. Do I have a second on that?

Gordon: Chair Hauth, I second that. Steve Gordon.

Hauth: Okay. Any discussion on that? There’s been a motion and a second. Any discussion?

StevensonA: Mr. Chair?

Hauth: Yes.

StevensonA: Might I suggest, we do now have a vending facility development committee, that perhaps a conversation can be held with the people in Chemeketa, along with our committee and Director Morris, to make sure we’re all on the same page. That we understand… that they understand where we’re coming from and it… it certainly would not hurt. But then, we are getting the true active participation and we know exactly what’s going on. Plus, we’ve had a discussion with whoever the individual is at Chemeketa and… and I definitely think that would be helpful, Elected Committee, if we did do that. So that would be just a kind of suggestion that I think that might be appropriate behavior from our…

Hauth: Yeah. Yeah, I agree and I think that can be kind of a side… you know, side bar or side to the motion. I don’t think it needs to be contained within the motion. And I’m not suggesting you were stating that but yeah, your comments… well noted. Is there anybody else that would like to make a comment, including members of the licensed blind vendor community?

StevensonD: Mr. Chair?

Hauth: Yes, Derrick.

StevensonD: Yeah, I apologize but I’m going to have to step away for a little bit. I’ve got to do some… a few things around here before it gets dark and I’ll try and make it back but I just wanted to let you know that I was going to be absent for a few.

Hauth: Okay, if you… can you stay for this vote? While we make this vote?

StevensonD: Yeah, if we make her quick. Yeah.

Hauth: Okay. Okay. So, anyway, I’m going to call the question. There was a motion and a second. I’d like to have a yay or nay from Board member Derek Stevenson.

StevensonD: Yes.

Hauth: Thank you, Derrick. I’d like to have a yay or nay from Board member Steve Jackson.

Jackson: Yes.

Hauth: All right. Thank you, Steve. I’d like to have a yay or nay from Board member Steve Gordon.

Gordon: Yes.

Hauth: I’d like to have a… report a conflict of interest, Jerry. But I’d like to have a yay or nay from Board member Jerry Bird.

Bird: Conflict of interest, and yes.

Hauth: Okay. And I will vote accordingly as will in support and yay. And we’ll work on the next step in this process. So, um…

Young: Chair Hauth?

Hauth: I’m sorry, Harold. Yes, and yay or nay from Board member Harold Young.

Young: Yes.

Hauth: Thank you, Harold. Okay. Thank you guys. And we’ll move forward and work through this, the particulars. So, next on, is there… at this point is there anybody in the licensed blind vendor community out there that would like to say anything or have any questions relative to this?

[01:27:17]

Bird: Randy, this is Jerry. Can I just say one quick one? It’s not on our…

Hauth: Sure.

Bird: I would just like to direct a question to Eric Morris on why… I see he receives that email from Chemeketa on the 17th and waited over two weeks to even notify us which, you know, puts it closer to their… when they’re going to put out our 30 days. So I… I’m kind of curious, why is Eric waiting on these important issues for two weeks, to notify the Board?

Hauth: Director Morris, if you could understand that, that’d be great.

Morris: Yeah, Jerry…

Hauth: Let us know the answer to that.

Morris: …the… the letter’s dated the 17th. We didn’t get it till the 21st, then I was out of the office for the holiday so it took a little while to get to you.

Bird: Thank you.

Hauth: Okay, and… thank you. Anybody else? Okay. Now, I believe that next on the agenda is other…

Jaynes: Other.

Hauth: … and I think… I think, Eric, you had mentioned that you might not be prepared at this time to discuss other business. However, I do want to share some other business and also make a request of you outside of an official business motion and that is, starting immediately, that all licensed blind vendors be communicated with and be provided all accessible information that is sent to the Board. Please send that to all licensed blind vendors. There shouldn’t be any… any information that’s withheld from any of the licensed blind vendors. Is that something that you can do willingly, or do you need a motion to compel you to do that?

Morris: No, Randy, I think that’s pretty straightforward.

Hauth: Okay. Thank you very much. Is there anybody with any other business? [Silence.] Okay. Any other business?

StevensonA: Chair Hauth?

Hauth: Yes, Art.

StevensonA: We’re still, you know, waiting for a definition of “relevant information.” We’re still not getting provided information that we requested. I know Chair Miranda had asked for Director Morris to send out the invoices or provide us with the information on the AG’s expenses. We never did receive that information. And then… and then, also, I know the Rules Committee is going to be working on new rules and stuff like that but this… this double standard about states being allowed to have subcontractors and business partners in the state of Oregon is not definitely needs to be top on our list. But we… we need that information and we need to know how our money’s being spent, etc. And I know it was asked and never answered, never provided. And so, if the Elected Committee… I mean, if the agency is going to continue to deny us the access to the relevant information and we can’t get anywhere, then… then I think we need to report it to the proper authorities and… and make them compel the agency to comply to the cotton-pickin’ law.

Hauth: Yeah, thank… thank you, Art. Thank you, Art. Eric, how can we… you know, I’d have to concur, and I don’t remember exactly what was requested of the agency. Mr. Stevenson probably recollects it better than I do, but what can we do to make sure the managers are receiving the financial information and the program-relevant information? I mean, I for one, I’ll say for the record, have been rather concerned that, at times, information seems to be outside the grasp of our… of our reach. And so I’m asking you, how can we make this problem go away? And how can we have confidence in when a manager requests information they get it and it’s not, you know, kind of a cat and mouse game, which sometimes it’s been. So, you have… I mean, you have a statement, you have any suggestions on how we can do this, I think we’re all ears right now.

Morris: Well, during the last… I believe it was the last Board meeting, it may have been the one before that, the Elected Committee was going to talk with Jesse Hartle, who was going to be contacting members prior to the RSA monitoring visit, to talk about relevant… the definition of

“relevant information” and what that looked like from the Elected Committee’s point of view, from the managers’ point of view. So, I haven’t seen any communication back on that. So, maybe if the Elected Committee talked to Jesse about that and came up with some suggestions about, you know, how to better define what’s relevant and what’s not. That’d be helpful.

Hauth: Well, and I… you know, the Committee’s changed, as you know, so… I mean, no disrespect, I don’t think it should be that hard. I think, you know, anything that’s connected to our program… I think it would be easier to provide it than not to provide it. But if you need some clarity on that, you know, Art you brought this… you brought this topic up, so maybe you can finish it off. Or if there’s any other Board members or licensed blind vendors that have any comments, please… please weigh in. But, you know, again I think it should be easier than… than it is at this current time. So, I’ll… I’ll… I’ll work through it in my mind, too, to try and come up with some kind of concept. But, Art? Or anybody else.

[01:33:53]

StevensonA: Chair Hauth?

Hauth: Yes.

StevensonA: The definition of “relevant” means, you know, that it’s… it’s a part of the program. I mean, I can… I can get right on my iPhone and ask Siri what’s the definition of “relevant” and, obviously, I get the definition. And the only thing that it says in the federal act and in our handbook, that it has to be confidential information. And, as you know – and I actually did speak to Mr. Hartle about that – basically, unless it is, you know, medical information of a blind licensed manager, it’s… it’s not confidential information. And so, in my opinion, you know, that’s… that’s how it is. If I request to see the invoices from the AG’s office on how much they’re charging us for specific things like writing the handbook or complaint… a certain complaint, it’s not confidential information, but it’s obviously relevant information on how we’re spending our money and what we’re spending it on. So…

Hauth: Thank… Art…

StevensonA: That’s what…

Hauth: Art. Yeah, sorry. I didn’t mean to cut you off and I apologize for that. But thank… thank you. I think you’ve made your point. I do… I just remembered that I believe Harold was going to request information from Jesse Hartle on that. I don’t know, Board member Young, if you had a chance to do that during your conversation.

Young: Yeah, that was one of the main reasons why I talked to him that day and he pretty much said the same thing that Art just mentioned; that all personal information, or personal financial information is not relevant, but everything else pretty much was.

Hauth: So everything else is and, as long as the personal financial information is confidential, but everything else is. So, Eric, what do you need from… what do you need from us, to give you direction on how to provide information requests?

Morris: Well, it would be good if we actually heard that from Jesse. Not that Harold or Art or…

Hauth: Not… not… whoa… Okay. Okay, but… I mean, that’s fine. We can… I mean, you know, I believe Harold. So I’m…

Morris: Yeah.

Hauth: …sure he’s reflecting the proper communication. But… and… and we can work on trying to get that from Jesse. You know, sometimes the agencies won’t necessarily always put things in writing, but we’ll… we’ll… we’ll request that from Jesse. But, outside of that, what do you need from the Committee to help direct you on providing us information? Other than Jesse’s approval or authorization or, you know, identifying what’s what. Is there anything that we can do to help direct that?

Morris: You know, Randy, I’d have to do a little thinking on that, to better… to better sum up what I’m trying to put together in my head right this second.

Hauth: Okay. And, you know, another thing, while I’m thinking of it, I believe there’s a lot of communications that go from your office to the Commissioners that are program-relevant. Included within our request for information and being provided information, how can we insure that information that you send to the Commissioners also goes to all the licensed blind vendors?

Morris: I… I don’t know, Randy. I… there’s not a lot of communication that goes to the Commissioners, at least from my desk. And I’m… yeah, I… I don’t have any good thoughts on that right this second.

Hauth: Okay. Any other Board members… I mean, I guess we could make a motion to request, you know, that any and all communications, other than personal financial, communications be provided to all licensed blind vendors. And then that would direct Eric to do that, or he could deny it or, you know, whatever. And we could deal with it then. But, what do you guys… what are your guys’ thoughts? Because really, communication has been like pulling teeth, really, in many instances over the last couple of years and so I think we need to find a way to not only better communicate but be provided that information as well. So, are there any thoughts out there from anybody?

Gordon: Yeah, Chairman Hauth?

Hauth: Yes, Steve.

Gordon: Chairman Hauth? Steve…

Hauth: Yes.

Gordon: …Gordon. What I don’t understand is, we’ve got new representatives for us, that are being… that’s been hired through the Commission and I know part of our set-aside is paid for some of these jobs on… on part. I don’t know the complete logistics on it. But it just seems to me, with new staff, with new help, it seems like we could be able to be getting these things that we’re requesting. I mean, that’s why they have their jobs. Everybody has a job, we have a job; we are accountable for everything and where… where’s the time that we… when accountability needs to be taking place with… within the whole Commission, the whole scope of the whole program. It’s our program and I just don’t understand why we have to pull teeth, have to fight, fight, fight. They have their jobs because of us. If there weren’t us then there’d be no Commission for the Blind or anything. So, anyway, that’s my thoughts.

Hauth: Well, is there any… is there any motion that a Board member wants to make to compel being provided all program information other than, you know, personal financial information? I mean, I don’t know… I’m trying to…

Bird: Jerry Bird.

Hauth: Yes, Jerry.

Bird: I make a motion that the agency, our SLA, provides us all… what is it… all revelant… What’s the word we’re using? I got it screwed up. What you just said, Randy. [Laughs.]

Hauth: Program… program information…

Bird: Program-relevant information be provided to all managers at their request, or… and… and that the term “relevant” be recognized as… what, the dictionary? Or as under… I don’t know. I’m… I’m… I got to think a minute. My motion ain’t…

Hauth: Well, I’ll let your… Jerry, I’ll let your… I’ll let your motion drop, fall silent at this… at this time. And while you… while you think about it, are there any Board members that have any discussions on this? There anybody else that wanted to suggest a motion?

Jackson: I’d like to make a motion. Steve Jackson. [Silence.] Hello?

Hauth: Yes, Steve. Uh, Steve? Go ahead.

Jackson: My motion is… I’d like to make a motion that… that the agency, the Director, someone could get back to managers within 24 hours with at least a response of a… information request of… of information relayed to the program. I think that they at least deserve a response, that

they’ll get back to them or if… [garbled] has to do with our program should be given to us when we ask for it. That’s a little drawn out.

Hauth: Yeah, and, you know, again… again, let’s keep our motions really as concise as they can so they can be understood well.

Bird: Randy, if you would, I believe that the one you…

Hauth: I’m gonna… I’m gonna allow that to… I’m gonna allow that to drop silent, if I may.\

Jackson: Okay.

Hauth: But, Jerry Bird.

Bird: Yeah, Randy, you just… would you… what you just said a few minutes ago was…

Hauth: Sure. Sure.

Bird: …the perfect motion. So if you could…

Hauth: Okay. Well, yeah, I’d be… I’d be glad to introduce a motion. Eric, lookit, I’ll tell you what, I’ll make a gesture of good faith. If… we don’t need to make a motion if you can promise that you’re going to provide any program-relevant information other than financial confidential information to all managers, then we won’t have to make a motion.

[Silence.]

Hauth: Eric? Other than personal financial information, if you can make a commitment to provide all program-relevant information to all managers other than personal financial information, then we don’t need to make a motion.

Morris: Yeah, I understand what you’re saying, Randy. And I… I have to put some thought behind it ‘cause we’ve had this discussion via email and stuff before and that’s why I asked the Elected Committee to weigh in on it. So, why don’t we…

Hauth: Okay, well…

Morris: Well, hang… hang on one second. Just as a… as a back motion of good faith, why don’t we talk about it at the next Elected Committee meeting, once I’ve had some time to wrap my head around it?

Hauth: Yeah, I’m going to go ahead. But thank you very much. Yeah, we… we can… we can do that, as long as the Board’s okay with doing that. We can bring it up at the next meeting. Are you guys okay with doing that? Or what are your thoughts on that?

Bird: Jerry.

Hauth: Yeah.

[Background noise.]

Hauth: Go ahead, Jerry.

Bird: Oh, okay. I…

StevensonD: …say I have no… I have no problem. I make a motion to table the topic till our next meeting.

Hauth: Okay. We have a second to table this motion? Or this… this… We never really actually introduced a motion, but we have a… we have a motion to table this… this topic. Do I have a second on that?

StevensonA: [Garbled.]

Jackson: I second that, to table it.

Bird: I give it a second. And… and I would like to have a discussion. My discussion would be because maybe… So, next meeting’s what, in a couple weeks? And maybe we can take this time to get with Jesse and kind of get his written, you know… his written interpretation of relevancy which seems to be, like, higher than the dictionary.

Hauth: Sure.

Bird: If that’s what they want, then maybe that’s what we should do. And it’s only two weeks, so maybe we…

Hauth: Sure. Yeah. Yeah.

Bird: …[inaudible] some stuff together with that.

Hauth: Yeah, and I mean, we’ve waited a long time so we want to make sure it’s… it’s done right, you know. And so Derrick’s made a motion. There’s been a second. Do a roll call vote. Derrick Stevenson, yay or nay?

StevensonD: Yes.

Hauth: Harold Young, yay or nay?

Young: Yes.

Hauth: Steve Gordon, yay or nay?

Gordon: Yes.

Hauth: Jerry Bird, yay or nay?

Bird: Yes.

Hauth: And, Randy Hauth, yay or nay? Yay. And Steve Jackson, yay or nay?

Jackson: Yes.

Hauth: Okay. I think we’re ready… unless there’s any other…

StevensonA: Chair Hauth?

Hauth: … to… Yes, Art.

StevensonA: I… I do want to make one more suggestion to the Elected Committee: that you guys make a motion and send a letter to Dacia Johnson and Prateek Dujari, letting them know that you would like a seat at the table during any discussion concerning the vending program so that our perspective can be heard on… on issues. The thing that I explained… that occurred at the meeting and you were there, Randy, was very biased, very uh… less than… giving all the facts and stuff. And so, I think… I think we need a seat at the table to discuss vending issues when they’re discussing vending issues, period. So, that would be my recommendation. And then we could go home, but… and… but we do need to send a message that… to them that we want open communications but we want all the information that is given to them be accurate and concise but also have our perspective and not just their perspective.

Hauth: Yeah, Art, I think, you know, that mirrors what your brother, Derrick, said and what, I know, that I feel. And I’m sure most all the other Board members and managers feel that. So I think it can be a very simple motion, as far as making a motion, that the BECC be allowed a spot on the Oregon Commission for the Blind agenda. But, you know, if somebody wants to think through a motion and how to, you know, bring it, I’ll certainly consider the motion. So I’m all ears if any Board member wants to do that.

StevensonD: This is Derrick.

Hauth: Derrick.

StevensonD: Yeah, I make a motion that we… we send a letter to the Commissioners, asking them to… to recognize us as a part of the Oregon Commission for the Blind and not the public and that when we’re discussing vending issues that Board members should be allowed to be part of the conversation.

Hauth: All right, Derrick. Thank you. A motion has been made by Derrick Stevenson, Board member. Do I have a second on that?

Young: I’ll second it.

Hauth: Harold seconds that. Any discussion? [Silence.] Okay. I’d like to call a roll call vote, yay or nay. Harold Young?

Young: Yes.

Hauth: Jerry Bird.

Bird: Yes. Yes.

Hauth: Steve Gordon, yay or nay?

Gordon: Yes.

Hauth: Steve Jackson, yay or nay?

Jackson: Yes.

Hauth: Derrick Stevenson, yay or nay?

StevensonD: Yes.

Hauth: Okay, and Randy Hauth, yay or nay. I say yay. Okay, great. Thank you very much. And so I believe, moving on to Director’s comments… just talking out loud here, I know in the near future… and Derrick I know you may have been offline, but we’re encouraging and requesting Eric Morris to send communications out to all licensed blind vendors, not simply the Board. And we’re also going to move forward to ensure that any communications that go to the Commissioners also be provided to all the membership and so I want to start expanding and open up communication. In the future… and I think we’re doing that by also going to the Commission for the Blind Board meetings and having a seat on the agenda. Yeah, Art was… Art was absolutely right. The conversation was very… very one-sided. And so, hopefully, we can you know, shift… shift that a little bit. And so another thing I think we’ll look at going forward is the time limit restraints on public meeting laws and that type… I mean public meeting… public comment and that. But let’s try and make this much more inclusive and much more communicative and, you know, going forward with that. But one of the things that I’ve run into is, when we start meetings at 3:30 Eric ends up fighting for a bus ride. So let’s look at, in the future, at starting our meetings possibly a little bit earlier so we don’t run into that situation for Eric and/or for ourselves. But I believe the next thing is Director’s Comments, so Director comments, if you have any… I have a few questions for you, but if you have any comments, Eric, that’d be great.

Morris: No, I don’t have any comments. I just wanted to wish everybody a Merry Christmas ‘cause, by the time we meet again it will be passed Christmas. So I hope everybody enjoys the holiday and travels safely.

Hauth: Okay. Well, thank you. About… I have a… I have a quick question and I know you said you’d get back to me, but what about Theo’s, the cafeteria at the Post Office? That was one question: Did you do any follow-up on that? And also, who has been assigned or bid on the Edith Green cafeteria? Is there any update on that?

Morris: No, I don’t have an update on that stuff yet, Randy.

Hauth: Okay. Anybody else?

StevensonD: Yeah, this is Derrick.

Hauth: Derrick.

StevensonD: I’m just gonna throw this out so I think, hopefully, we can address it during the next meeting and it’ll give Eric an opportunity to prepare. But, you know, it’s been brought to my knowledge that the Commission for the Blind has forgiven the… the debt of a… of a… of a manager, in order for them to drop a case against them. Well, that, in my opinion… that’s money that was meant to be paid in set-aside and I don’t think the Commission for the Blind should or has the right to negotiate money that’s supposed to be going into our set-aside account to settle a… a suit. So I’ll just throw that out there so people can think about it a little bit more. I’ll present it a little stronger on the next meeting.

Hauth: Okay, Derrick. And thank you very much. Anybody else? [Silence.] So, I do want to mention… I do want to mention my good friend and our good friend… many of you know John Gordon. He was appointed to and/or elected to serve as Chair through the National Council of State Agencies Servicing the Blind. He’ll be the Randolph-Sheppard Chair. Terry Smith used to hold that position and, I think, Dan Fry. So I talked to John a couple of days ago and he’s really excited, you know. He serves in the capacity similar to what Dacia Johnson does here in Oregon; he’s the Executive Director of their services and I think he oversees over 150 employees and they have so much respect for him and he’s doing such a good job. And it’s just great, you know, we’re going to be able to harness those resources as well, as we go forward. And just… just really exciting. So, you know, we got a lot to do. We’ll roll up our sleeves and we’ll do one thing at a time and, you know, stay focused and… and, you know, get… get back. I don’t know if… Lewanda, are you still on the phone? [Silence.] Okay, well, I was going to ask her if she had any interest in serving on a committee, but she must’ve left. So, okay. Well, any…

[01:55:17]

Bird: Randy, I have one more question.

Hauth: Yes, please, Jerry.

Bird: I was kind of wondering if Eric could explain to us, on our quarterly reports, why we have so much staff now, that we can’t get them in a timely fashion. I mean, when the quarter ends, it shouldn’t take them more than two, three weeks to get them out. We are now into our fourth quarter. I mean, now they owe us two, almost. So, why… why is it taking you so long? I mean, it almost makes me feel like you don’t want us to see the information. I mean, why is it taking so long for you to calculate our quarterly reports, if you may answer? Thank you.

Morris: Yeah, Jerry, I’ll just give you a quick answer: the… it’s not staff that’s slow to do it, it’s managers are slow to report. So, once we get all the reports in, then we can get financials firm… you know, it takes like an extra month for those… those financials to come in for the next reporting period. But when it takes managers an extra, I don’t know, four, five, six weeks to report in then that slows the process down. I would’ve had the report out today…

Hauth: Hey…

Morris: … but our office was closed. So, otherwise, it should be out tomorrow.

Hauth: Hey, Eric, can you tell me why… I mean, it seems to be a habitual problem, without naming names, I know that there’s been several managers, at least, that have continued to pay late and are on back payment and not reported on time. Is there… is there a reason that this hasn’t been resolved? Or, what kind of roadblocks are you running into, on trying to provide the support to get these folks up to snuff?

Morris: Well, Randy, in a short and concise fashion… I don’t know if I can answer that short and concise because everybody has individual issues and, you know, everybody’s different. So, that’s a much longer conversation, probably for a different meeting.

Hauth: Well, we’ll…

Bird: Wouldn’t that be something that this Board needs to take care of? It’s been going on and on and on. So the rest of us aren’t getting our reports because a few people are not following the procedure. And, you know, they know the consequences if they don’t follow, they could lose their license. So, I think you’re just not being strong… I mean, maybe we need to take action. If you’re not gonna get them sent in like you’re supposed to then we’re gonna do something about it. So get your shit together and get ‘em sent in properly. I mean, this has been going on forever.

Hauth: Hey, Jerry.

Bird: Yes?

Hauth: Okay. No… no… no profanity [inaudible]. But anyway…

Bird: [Inaudible.]

Hauth: I agree… I agree… It’s all right. I agree with you a hundred percent. This Board, going forward, must find a way to be supportive of these managers, right? We want… we don’t want to be punitive, but if they can’t get, as you said, their stuff together let’s, you know… it needs to be dealt with. But let’s step back, see how we can help work with these managers and the Commission to get those managers doing their responsibilities and duties like we all are. Right? So, anyway, if there’s nothing else… if there’s anything else, I’m all ears. You guys have anything else you want to say?

StevensonD: Merry Christmas…

Hauth: Hey, Merry Christmas to everybody.

StevensonD: …to all a good night.

Morris: Good night, guys.

Bird: Merry Christmas.

Jackson: Congratulations, Randy. Congratulations.

Hauth: Okay, we’re going to end the meeting. Let’s end this meeting. Thanks.

[01:59:04]

Transcription by Mark Riesmeyer