[nfbmi-talk] iowa bep program in the news challenged

[joe harcz Comcast]

Washington man questions practices of state vending program

 

By

Mark Carlson,

KCRG-TV9

List of 2 items

Video

Photos

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Story Created: Nov 25, 2014 at 10:26 PM CDT

 

Story Updated: Nov 25, 2014 at 10:26 PM CDT

 

WASHINGTON COUNTY — A Washington County man believes a state program aimed at giving advantages to those with disabilities is out of control and actually

doing the opposite.

 

James Goff is licensed through the state’s Business Enterprises Program, which trains those with visual impairments to run vending operations at federal

and state buildings, like courthouses and rest areas. Goff claims he can’t win a contract under the state program, despite a federal law that says he should

be given preference. He says the state’s current setup allows a small group of blind vendors to make hundreds of thousands of dollars in gross income through

the program, at the exclusion of others.

 

The

Randolph-Sheppard Act,

first passed by Congress in 1936, gives preference to vending facility operators who have sight disabilities. In Iowa, contracts for vending machines on

state and federal properties are managed by a committee of blind vendors, the program director and, ultimately, the state director.

 

“The state licensing agency shall, in issuing each such license for the operations of a vending facility, give preference to blind persons who are in need

of employment,” the federal law states.

 

“I went ahead and took the training, assuming I would get placed rather rapidly, and I’m sitting here three years later with no employment,” Goff said.

 

A KCRG-TV9 open records request revealed 41% of the 130 total vending sites in the state are under the control of the five-person committee governing the

program. Goff says it’s nearly impossible to gain employment at desirable locations because a scoring system during the application process favors those

who have previous employment.

 

“Even though [the program] is supposed to give preference to unemployed blind people, the current rules are being written by people who have a conflict

of interest, an economic conflict of interest,” Goff’s uncle, Bob McConnell said, and a judge agrees.

 

“The department’s rules make it nearly impossible for an unemployed, inactive licensee to successfully bid on a vacancy if active licensees also submit

bids. This is clearly not the intended outcome under the provisions of the Randolph-Shepard Act,” a judge wrote in a recent ruling in which Goff sued the

state. Goff ultimately lost the case as the judge ruled he wasn’t yet licensed when applying for three sites several years ago. However, the judge also

wrote, “Mr. Goff has shed light on some questionable practices of the department.”

 

The rights to some vending locations, such as rest stops, can be quite lucrative. State records show the Tiffin and Wilton rest stops along Interstate 80

grossed a total of $226,533.58 in 2013. Public records show the same committee member is responsible for both of those sites and has another dozen across

Iowa. Committee members control 36% of the state’s rest stops, with four of the five committee members controlling at least one rest stop.

 

“The routes need to be redistributed, the program really needs to be looked at,” said McConnell, who has assisted with Goff’s legal battle. “It honestly

is appalling.”

 

Richard Sorey, director of the Iowa Department for the Blind, declined to be interviewed about the program or recent court ruling.

 

“We are reviewing all aspects of the program and considering changes that will enhance it. Some have already been implemented,” Sorey said via email. He

declined to elaborate on what the changes could include.

 

(Ceder Rapids, Iowa)

Source:

 

http://www.kcrg.com/subject/news/business/washington-man-questions-practices-of-state-vending-program-20141125