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Aug 30, 2018

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BUSINESSENTERPRISEPROGRAM OFOREGON SPECIAL MEETING

Date:Thursday, July 20th,2017

Time: 3:00pm

OREGONCOMMISSIONFOR THEBLIND

535 SE 12thAvenue(Portlandoffice)

Conferenceline:404-443-6397

Participantcode: 943611#

Agenda

Any of theagenda itemslisted belowmaybecomeanactionitem.

Anyof theseitems maybe aconflictofinterest.

1. Open Meeting/Roll Call

2. Adoption of Minutes

3. Public Comment

4. Old Business

a. Rule-making Process/ Active Participation Training

b. Standardized Monthly Report

c. VMS RFP

5. Other

6. Adjourn/Next Meeting

VERBATIM

[Started at 00:00:00]

Hauth: Lets go ahead and call the meeting to order. And Ill start by taking roll call, starting with the Elected Committee. We have Art Stevenson, of course. I heard Art on the line. Do we have Derrick Stevenson?

StevensonD: Yes.

Hauth: Hey, Derrick. Welcome. Do we have Jerry Bird?

Bird: Yes.

Hauth: Hey, Jerry. Welcome. Do we have Steve Jackson?

Jackson: Yep. Im right here.

Hauth: Hello, Steve. Welcome. Do we have Steve Gordon?

Gordon: Yes.

Hauth: Hey, Steve. Welcome.

Gordon: Thank you.

Hauth: And Im here Im here, as well. Randy Hauth. And well also start with the membership. Lin Jaynes. [Silence.] Lin Jaynes available? [Silence.] Okay. Cathy Dominique? [Silence.] Cathy Dominique? [Silence.] Char Mckinzie? [Silence.] Char Mckinzie? [Silence.] [Bad feedback.]

StevensonA: Randy, somebodys

Hauth: Somebodys not on mute. Everybody mute your phone, please. Please mute your phone. I hear somebody in the background walking or something. So. Thank you. Do we have Char Mckinzie? [Silence.] Okay. Salvador Barraza. [Silence.] Do we have Harold Young? [Silence.] Harold Young? [Silence.] Okay, do we have Lewanda Miranda?

Miranda: Present.

Hauth: Hey, Lewanda. Thanks for joining. Do we have Gordon Smith? [Silence.] Okay. Do we have Celyn Brown? [Silence.] Celyn Brown, are you on the line? [Silence.] Okay. Did I leave anybody off?

Kinney: Yes, Im here, Randy.

Hauth: Hey, Carole.

Kinney: Carole.

Hauth: Sorry about that. Yeah

Kinney: Thats okay.

Hauth: Thank you very much Thanks very much for joining. Okay. And also, lets see if there are any guests on the line. If theres any guests, please identify yourself.

Gashel: Susan Gashel.

Hauth: Hey, Susan. Thanks for joining.

Staley: Sue Staley, American Council of the Blind of Oregon.

Hauth: Hi, Sue. Thanks for joining. Anybody else? [Silence.] Okay. Anybody else? [Silence.] If anybody else calls in well go ahead and recognize them. But go ahead and follow through with the meeting. We do have the adoption of minutes scheduled and, if the board so allows, I would like to put those forward to next weeks meeting where we can adopt our previous meeting minutes and also this minute meeting minutes.

StevensonA: I make that motion, Randy.

StevensonD: I second.

Hauth: Okay, a motions been made, a seconds been made. Any discussion? [Silence.] Okay, hearing no discussion, well call for a roll call vote. Art Stevenson, yea or nay.

StevensonA: Yea.

Hauth: Derrick Stevenson.

StevensonD: Yea.

Hauth: Jerry Bird.

Bird: Yea.

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

Gordon: Yea.

Hauth: And I signify yea, as well. Steve mightve dropped off the line. So, lets go ahead and open it up for public comment, if we have any public comment. Please identify yourself and

Jackson: I vote yea. Sorry.

Hauth: Thats Thats fine, bud. Any public comment? [Silence.] Okay. Anyway. So, hearing no public comment, we

Edwards: Randy, Randy, this is James. My phone was on mute and I didnt even didnt realize it. So, can I make a public comment?

Jackson: Can I make a quick? Oh, go ahead, James. Go ahead.

Edwards: All right. As I understand it, you guys are going to be looking at revisiting your rule-making process so you can hopefully get your rules in order in a in a manner that everybody agrees with. And I want to say, for years, having observing this and being involved in it, that that Ive always said I think you should have an expert in the room, a legal expert, somebody that knows rule-making. And Im happy to see that youre youre talking about, or discussing, having Susan Gashel participate in your rule-making process. I think thats a great thing and hopefully youll get a set of rules that everybody can live with [inaudible]. Thats my comment.

Hauth: Thank you, James. Is there any other comment? Steve Jackson, did you want to make a comment? Were you asking for the floor?

Jackson: I just wanted to maybe ask Eric to encourage the rest of the managers to participate in the meetings. I think thatd be good.

Hauth: Yeah, well, that that might be something we can do, as well. So, yeah. So, hearing no other comment, I do want to share with the those on the line the Elected Committee, managers, and those on the line that, as you know, Susan is joining us today. And, as you also know, the legislation that is sitting on the Governors desk, House Bill 3253, will be signed; it just has not been signed, yet. Theres no reason to believe it will not be. And so, contained within that legislation, as you may know, it calls for writing of rules, to help identify and support some of the changes to the language. And, as many of you know, the rules that we currently have sitting on RSA also need to be, you know, need to be fine-tuned. And weve been weve been at this for quite some time. So, following on the heels of what James Edwards would say, and what discussions with Art Stevenson weve had and some of the others, clearly the rules need to be done properly this time. In sum, what happened last time is, after there was a consensus model and support of the Elected Committee, basically, the Attorney Generals Office came back and after after 23 provided 23 pages of concerns. So we dont want to find ourselves in that. I think we were above and beyond that. Were going to be working constructively and collaboratively to develop rules that will guide this program for years to come. I do believe, as many of you do, that the Elected Committee and managers need the support of a legal expert, if thats Susan or whoever that would be, you know, I believe thats crucial and imperative and important. And so, Art Stevenson encouraged that I invite and reach out and invite Susan to join us and share with her share with us her thoughts and perspectives and how we could move forward collaboratively with the agency. I know Eric also reached out to both Terry Smith and Susan to see about their availability and how we could make this all work out. So, by November 15th our rules are to be completed and so I think sooner rather than later is the best practice. I also believe that active participation and a refresher on active participation with everybody at the table, not just the Elected Committee and not just the managers, but the OCB Commissioners, the OCB Administrator, the Governors policy advisor, Gretchen Merrill, you know, so forth and so on. So I think that discussion also needs to be occurring as we move forward so that we dont get, again, blindsided after a lot of work has occurred. So, offering that bit of commentary for myself, I just wanted to lay that out there for everybody. Thats where my mind is, that we need to have professionals at the table, we need to have everybody at the table, and we need to work to get a fine, compliant product. So, with that being said, if I dont have any other comments from anybody else I would like to ask Susan Gashel if she would be so kind to share with us what her thoughts are concerning being involved in the rule-making process and touch base on anything that may have been raised during this meeting or previously with you. So, Susan, if you would so choose to engage with us, thatd be wonderful. So, have the floor.

[00:07:48]

Gashel: Okay, thank you. I dont know how many of you know me, but Ive been working in the Randolph-Sheppard area since 2004. I was a Deputy Attorney General in Hawaii. I oversaw the renegotiation of their rules at that time. Since then, in the last five years, Ive been doing a lot of consulting and litigating in the Randolph-Sheppard area and have continued to learn about it. I have been asked by a couple states to provide training and Im interested in providing training because I think it prevents litigation and Ive always been in favor of, you know although we think lawyers, were all litigators, we like going to court... Im not saying I dont like going to court but Im saying its too expensive and time-consuming for everybody involved. And in my opinion, we need to If youve got good rules and if youve got rules that everybody sits down and agrees to, or at least can live with, and if youve got rules that, if somebody thinks, Does it say this or does it say that?, you flesh out the words so that everybody agrees what the rule means. You also need a legal someone with a law degree at a minimum and the more experience in an area, the better to double-check that the rules dont conflict with the Rehabilitation Act, the Randolph-Sheppard Act and and some of your your state laws and regulations. So, during the active participation portion of the training that I provide, I like to place particular emphasis on removing any barriers that exist to achieving a strong working relationship that, while it doesnt necessarily eliminate conflict, a relationship and maybe procedures that can manage keep conflict at a manageable level, that can manage that conflict, so that everybody is accountable to

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