[nfbmi-talk] eoc motions and background for tomorrow's meeting

[joe harcz Comcast]

ELECTED OPERATOR COMMITTEE MOTIONS 

AND

STAFF RECOMMENDATIONS

>From the Committee’s September 18, 2010 & 

November 13, 2010 Meetings

Presented at the Board’s December 10, 2010 Meeting

 

Motion #1

 

All operators’ accumulated points will be frozen as of the date that the new selection point system is implemented and will then be added to as earned under the new selection point system.

 

Background:  Operators in the BEP have been using a points system commonly referred to as the Selection System in order to determine who should be awarded a facility based on years of service and performance at their current facility.  The points currently accumulated are used in order to rank all current vendors.

 

Agency Response:  The agency does not support this motion.  One of the primary drives to alter the current selection system is based on the concern that manipulation has taken place and that some operators have been unfairly able to accumulate points.  By maintaining the current point values for operators, this motion is rewarding those who have taken advantage of the current system and removing similar opportunities to those operators who have not been able to work under the current guidelines.  Additionally, the agency believes that by adopting other motions connected to the new selection system, those individuals who would lose points under the new system will still be ranked at or near their current position based on other factors.

 

Board Action:  As this is a change in current BEP policy, action from the Board is required.



 

Motion #2

 

>From the date the new selection point system is implemented (or from date of first agreement):  Licensed operators accumulate 3 points per year of service.  Temporary operators accumulate ½ point per year of service.  Potential operators (including those who are working for an Operator) accumulate 0 points.

 

Background:  The old system awarded one point for a year of service.  It was felt that this did not adequately reward and acknowledge the skills that were learned over one year’s operations of a facility when compared to the points awarded for other criteria.

 

Agency Response:  The agency supports this motion.

 

Board Action:  Action on this item is required as it is a change in BEP policy.



 

Motion #3

 

Profit Expectation (based on the previous 12 month average):  An operator is given 1 point for exceeding their facility’s profit expectation.  If an operator, who has been granted a profit percentage exception, exceeds the facility’s permanently assigned profit percentage expectation, the operator is awarded one point for exceeding the permanently assigned profit percentage expectation.

 

Background:  Under the current selection system, 1 point is awarded for each percentage point over the required profit expectation with a cap of 5 points.

 

Agency response:  The agency does not support or reject this motion.  While giving the appearance of removing possible points from consideration, this motion also removes incentive for miscalculating figures on monthly reports.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #4

 

Training (from implementation of new selection point system):  Bidders are awarded 2 points for attending mandatory training (e.g. annual Workshop) and have the opportunity to earn 1 point for any training that has been pre approved by the Training Subcommittee with a limit of 3 points per year. Training does not include the initial, basic vending stand training.

 

Background:  Operators were receiving 3 points for voluntary training and 1 point with a max of 2 points per year for attendance to food shows.  No preapproved list of trainings exists and the training sub-committee chair had been handling the award of points for trainings.  With a high turnover in sub-committee chairs and difficulties in handling volumes of documentation requesting points, training points were not always awarded in a timely fashion and there was a lack of consistency in the award of points.

 

Agency Response:  The Agency does not support this motion.  While additional training is always offered to all licensees, any award of points for training does not provide the proper incentive for the licensee which should be the growth of business potential and not the manipulation of points.  Additionally, with no clear list of what is sanctioned training, it is inappropriate for a committee of individuals who work within a certain promotions system to be awarding points to those individuals whom they may be competing against for a job opportunity.  While awarding point s for workshop attendance seems appropriate, this is a mandatory training that individuals must attend or they are not eligible to receive a promotion until attendance at the next mandatory training.  Instead, the agency feels that “Voluntary Training” should be just that and the reward to the operator should be the knowledge gained from the experience and the new practices that generate sales within their business.

 

Board Action:  This is an action item as it is a change to BEP policy.



 

Motion #5

 

EOC membership, active subcommittee participation and OJE trainer (from implementation of new selection point system):  Bidders are awarded 2 points per year for EOC membership or active subcommittee participation, limited 2 points per year.  An active subcommittee member needs to attend a minimum of 2 subcommittee meetings per year and two EOC meetings per year.  An operator must complete one year on a subcommittee or in the EOC before points can be awarded.

 

Background:  Previously, EOC members were able to earn points for participation on both the EOC and Sub-committees.  Additionally, an individual needed to only participate in two sub-committee meetings in order to earn points for service.  Operators will now need to be more active in their role as a member and cannot “double dip” into points for participation in more than one committee.  Additionally, Operators no longer will receive points for OJE trainer work.  This change was facilitated because this opportunity was not available to all operators and operators who did the training were already being financially compensated by VR.

 

Agency Response:  The Agency is in support of this motion.

 

Board Action:  This is an action item as it is a change to BEP policy.



 

Motion #6

 

OJE training (from implementation of new selection point system):

Bidders are awarded 1 point for each OJE student trained with a maximum of 4 points per year.

 

Background:  From 2 points per student trained to 1 point per student trained with a limit of 4 points per year.  It was felt that because trainers were being paid already for their work that they should not receive such a high point reward.

 

Agency Response:  The Agency does not support this motion.  While it is always difficult to find OJE trainers, these individuals are paid approximately $600 per student trained and are not forced to perform this task.  Additionally, not all operators are able to do training due to facility restrictions, transportation issues, and geography and the agency does not feel that it is appropriate to award points when they are not available equally to all operators.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #7

 

Evaluation:  maximum of 2 points awarded.  The most current operator annual evaluation is scored by an operator’s promotional agent on a scale of 0(low) to 2(high).  This component uses the raw annual evaluation score (i.e. 0, 1, 2).

 

Background:  One year ago the agency began using a new evaluation that only scored between a 0-2 score to help eliminate subjectivity.  The previous score ranged from 0-4 and points were awarded on the raw score of the evaluation.

 

Agency Response:  The agency supports this motion.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #8

 

The Set-aside fee:  Points are deducted for each month the set-aside fee was received after the due date.  For the purposes of bid evaluation, set-aside fee payments for the most recent 12 months are reviewed and 1 point is deducted for each late set-aside fee payment.

 

Background:  The previous selection system deducted 1 point for the first late payment, 3 for the second, and 5 for the third and all others for the rest of the licensee’s career while only deducting points for violations in the past 12 months.

 

Agency response:  While the agency agrees that a 5 point deduction coupled with the 50% penalty was harsh, the payment of fees is an essential requirement of any successful business.  Additionally, the budget for the continued operations of the program are derived, in part, from the collection of set asides.  Therefore, the agency does not support the motion as written, but would support a motion offering a 2 point deduction for each violation.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #9

 

Those points no longer are removed from an operator who fails to meet their required profit expectation.

 

Background:  Under the current selection system, an operator who fails to maintain their required profit expectation loses one point for each percentage below their required level they are operating.

 

Agency Response:  Because an operator who has not been granted a profit percentage exception who is not maintaining their current profit percentage requirement is not eligible to be awarded a new facility, the deduction of points is redundant and merely re-enforces a negative image upon that operator.  Therefore, the agency is in support of this motion.

 

Board Action:  This is an action item because it is a change in BEP policy.

 



 

Motion #10

 

That a meeting of all operators be held on December 11, 2010, in order to discuss and vote on whether to use the Set Aside fund to pay the required 3% Health Care Trust Fund Contribution.

 

Background:  With the early retirement passed in the fall of 2010, all participants of the State Employees Retirement Plan are required to pay 3% of their gross compensation into a trust fund to help the state defer the cost of health insurance to its retirees.  As licensees are participants in this plan, they are also required to make this payment into the fund.  The State and Federal Acts allow for the use of Set Asides to help cover the costs of “health insurance”.

 

Agency Response:  The agency has set up the meeting and announced it on its bid line to make all operators aware of its content.  Additionally, the agency has contacted RSA in order to determine if a payment to a “Health Care Trust” and maintenance of “health insurance” for its licenses are the same and if it is legal to pay Set Asides for this fee.

 

Board Action:  This if for your information and no action is required.

 



 

Motion #11

 

Motion for claiming points: When an operator is requesting points, he/she will have 30 days from actual date of attending such event and/or training to submit all necessary paperwork (event paperwork - summary, event brochure, proof of attendance – name badge preferred from event) (training paperwork – instructor will submit written documentation of operator’s training with dates of attendance) required to the chair of training committee for review. The chair will have 30 days to review and send copies of operator’s papers with written approval from the chair to award the operator the points. Then the BEP manager will have 30 days to also review and enter the points into the operator point system database and upon completion the BEP manager must submit back to the chair and operator proof of receipt that the points have been entered.

 

*Note* shall this motion pass, all operator will have 30 days from actual date of passing this motion to send in any outstanding points they may be saving to the training committee chair for review and written approval to the BEP manager. THIS IS A ONE TIME OPPORTUNITY TO SUBMIT PAPERWORK FOR POINTS THAT ARE MORE THAN 30 DAYS OLD. AFTER THIS ONE TIME OPPORTUNITY TO RECEIVE OUTSTANDING POINTS OPERATOR’S REQUESTS WILL NOT BE CONSIDERED FOR POINTS. Upon receipt of this information, the BEP manager will have 30 days to review and enter such points and send back confirmation receipt to the training chair and operator.

2nd Note** if this motion passes the agency (Michigan Commission for the Blind) must send notice out to all operators to inform them of this motion via U.S. Postal Service and also on the bid line for four weeks.

 

Background:  Under the current policy, there is no timeline for the request and award of training points and significant lag time can occur which may affect the award of a facility.  This motion would place a greater burden on those involved in the process but does reduce the risk that points are not awarded in time to appropriately award a facility.

 

Agency Response:  The agency has several issues with this current motion.  First, it does not seem appropriate to allow for an individual who works within a promotions system to be awarding or denying point to their peers within that system.  Additionally, the opportunity for paperwork to fail to arrive where it is supposed to go has not been removed.  However, should points continue to be available for training under the new selection system, the agency supports this motion.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #12

 

That the new standards and requirements of OJE Trainers be accepted as attached.

 

Background:  This is a revised document that specifically outlines the responsibilities of a Trainer and what is to be covered in the Train the Trainers class.

 

Agency Response:  Due to the large amount of transition that has taken place in the past 12 months, there is a lacking of qualified licensees to act as trainers for the current class.  Therefore, the agency strongly supports this motion with one amendment; that an operator must have operated their current facility type for the past 12 months continuously in order to be eligible to act as a trainer.  This change is essential as equipment and business models are continuously changing and updating and it is important that trainees receive the most up to date information during their training.

 

Board Action:  This is an action item as it is a change in BEP policy.



 

Motion #13

 

That anyone who has taken the Train the Trainers course in 2010 be certified as a trainer should the previous motion {Motion 12} pass.

 

Background:  Previously, only those individuals who had taken the most current Train the Trainers class were eligible to act as trainers.

 

Agency Response:  The Agency supports this motion.

 

Board Action:  This is an action item as it is a change to BEP policy.



 

Motion #14

 

Motion for Inventory Policy: To adapt the inventory policy from a trial bases to a permanent bases with the policy applying to only BEP licensed operators.

 

Background:  The current Promulgate Rule assigns a two week inventory based on the annual sales of a facility.  One year ago the Board passed a motion to allow for a one year trial that assigned a three week inventory and that 20% of that inventory is assigned in cash to allow for deficiencies in product selection.  That policy has been used and reviewed.

 

Agency Response:  The agency supports this motion.

 

Board Action:  This is an action item as it is a change to BEP policy.



 

Motion #15

 

To accept the existing Practical Experience Vending Stand Training program as written in the proposal dated 7/28/10, with the following amendments:

 

The line "Anyone who has had their license revoked or has left the program for any reason will not be eligible for retraining under the PEVST," will be removed.

 

The amendment” At the conclusion of classroom training, PEVST students shall be required to pass a final examination with a 75 percent score or higher prior to certification," will be added.

 

Background:  Due to the unusual number of vacancies within BEP facilities, a group of EOC and agency staff met to develop a secondary or alternate training so that blind persons could work better as temporary operators within BEP facilities.  The PEVST allows for an individual who comes to the BEP with skills in retail already an opportunity to learn about the BEP while beginning to earn an income from the outset of training.  This is not seen as a replacement to the existing training but rather as a supplement in order to get more qualified blind vendors to work.

 

Agency Response:  While the agency worked hand in hand with the EOC on this document, several alterations cause great concern prior to implementation.  First, this is training for individuals who demonstrate high skills in customer service and have a history of service in retail, however, specific criteria for accepting or denying individuals does not strictly exist.  Additionally, this is designed to assist those individuals who can demonstrate success in simpler business the opportunity to start working immediately.  Those individuals who have had their licenses revoked did not demonstrate good skills in business or chose to withdraw demonstrating some other deficiency that made them unsuitable for the program.  It is unreasonable to allow them an opportunity to circumvent t the current training as outlined in the Vending Stand Training when many of the skills that they may need re-enforcement in are covered in a more direct setting in VST versus PEVST.  Lastly, the EOC had discussed a limit of two trial individuals in order to gauge the success of this program before attempting to add it as a supplement to the current VST.  The Agency feels that it would be reckless to add a new manner of training and licensing without having a measure of its effectiveness.  Therefore, without more detailed criteria, the language removed with the first amendment included, or a trial period to gauge success, the agency cannot support this motion.

 

Board Action:  This is an action item as it is a change to BEP Policy.