[nfbmi-talk] interesting memorandum

[joe harcz Comcast]

Memorandum

 

DATE:                          September 6, 2011 

 

TO:                      MCB Commissioners  

 

FROM:                Constance Zanger

Business Enterprise Program Manager 

 

SUBJECT:         Cafeteria Certification Policy

 

A question has arisen with regard to the promulgated rule regarding required cafeteria certification and the subsequent cafeteria certification policy established by the Commission Board.  The Business Enterprise Program (B E P) Promulgated Rules specify a licensee must be fully qualified to be awarded a facility.  The rule that speaks to this requirement follows:

 

R 393.47   Licensee promotions and demotions.

   Rule 47.  (1)  The bid process is governed by this rule.  A licensee may be promoted to another or a more profitable, vending facility when a vending facility becomes available.  To be promoted, a licensee shall bid on the facility, be willing to relocate, and be qualified.  All of the following shall be included as licensee qualification factors: 

(a)   Certification to operate the specific type of facility.

 

Most B E P facilities do not require additional certifications or training beyond the initial B E P Manager Training.  This is true of our snack bars, vending routes and vending facilities.  Management of a cafeteria, however, is a much more complex operation.  Consequently, an additional certification has been established to qualify licensees to operate a cafeteria facility.  This certification is outlined in the Promulgated Rules as follows:

 

 

 

R 393.46  Cafeteria training for licensees.  Rule 46(2) Entry into the program as a cafeteria vending facility licensee requires college-level academic competencies and on-the-job training, as determined by the commission board with the active participation of the committee, and as published in the program operating manual.  For a licensee who is managing a vending facility, a portion of the college-level academic competencies and cafeteria on-the-job training, as determined by the commission board with the active participation of the committee, is required. The remaining portion of the college-level academic competencies as determined by the commission board with the active participation of the committee shall be completed by the licensee within a time period specified by the commission board with the active participation of the committee.

(11)  Failure to complete the additional college-level competency areas within the time period specified in sub rule (2) of this rule after being awarded a cafeteria license shall result in commencement of license revocation.  The time period for completing the academic requirements begins on the date the licensee signs the vending facility agreement for the operation of the cafeteria.

 

B E P has traditionally had fewer cafeteria qualified licensees than cafeteria facilities.  The vast majority of operators do not choose to earn cafeteria certification.  At present, B E P is in the unique position of currently having only one licensee who has attained cafeteria certification even though we have several cafeterias.  In an effort to remediate the situation, policy was established to permit uncertified licensees to operate a cafeteria for three years, during which time they are to attain certification.  That policy is cited below:

 

“Occasionally, a BEP cafeteria becomes available but there is no cafeteria certified operator to fill the position.  In these circumstances, a licensed operator who is not cafeteria certified may bid on and be awarded a cafeteria facility under the following conditions:

1.    The cafeteria has been on the bid line for 2 weeks and no cafeteria certified operator has bid on, been offered and accepted the available facility.  

2.    On the 3rd week of the bid offering, any operator may bid on the available cafeteria.

3.     If a non cafeteria certified operator is awarded the facility, they have 3 years to complete the ten academic competencies and the ten-week cafeteria on-the-job training.

 

Failure to complete the ten competency areas within three years of being awarded a cafeteria results in commencement of license revocation proceedings.  The three-year period commences on the date the operator is licensed in the cafeteria facility. “

 

Under current policy, a licensee who accepts a cafeteria facility under these circumstances is obligated to remain in the facility for only 6 months.  Current BEP policy does not prevent a licensee from bidding on and accepting a different cafeteria facility prior to the conclusion of the three year certification period.  Should they leave the cafeteria facility at the 6 month point, assuming they are in compliance, they could move to another facility type or move to another cafeteria facility.   And, should the licensee move to another cafeteria facility, rule and policy are unclear as to whether the licensee must complete the cafeteria certification within three years of the initial cafeteria agreement date; or if the three year certification period clock is reset when the operator signs the second cafeteria agreement.  If the policy is interpreted to mean that the three year certification clock is reset each time a licensee signs a cafeteria facility agreement, potentially a licensee could move from cafeteria facility to cafeteria facility with the certification clock resetting each time they sign an agreement and the licensee would never be required to attain the certification deemed necessary for optimal cafeteria management.  

 

We seek direction from the Commission Board in applying the alternate cafeteria certification policy, i.e.,  “they have 3 years to complete the ten academic competencies and the ten-week cafeteria on-the-job training.  Does the three year period for attaining cafeteria certification commence with the first cafeteria an operator signs an agreement to manage a cafeteria, or does the three year period re-start each time an operator signs an agreement to manage a cafeteria? 

 

Thank you in advance for your assistance in determining what is in the Program’s best interest.