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

Thu Nov 27 05:45:48 UTC 2014

Hello,
Based on my extensive study and understanding and interpretation of the
relevant law,  it appears to me the judge focused on the letter of the law,
which gives a "priority" to persons with blindness, and also a "preference"
to blind persons who are "unemployed:.

Unfortunately too many state Randolph-Sheppard programs, sadly and
conveniently choose to ignore and not comply with the "unemployed" persons
with blindness mandate.  Respectfully, state administrators,
Randolph-Sheppard program managers, and members of state committees of blind
vendors, not the judge, need to be instructed on the Randolph-Sheppard Act
law.  Federah law supersedes any state law. 
-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Fred
Wurtzel via nfbmi-talk
Sent: Wednesday, November 26, 2014 11:00 PM
To: 'joe harcz Comcast'; 'NFB of Michigan Internet Mailing List'
Subject: Re: [nfbmi-talk] iowa bep program in the news challenged

Hello,

clearly, someone did not explain the program very well to the judge.  If
there is an opening, eventually a new operator will be awarded a license.
This guy appears to want to jump to the head of the line and not follow the
promotion system.

Warmest regards,

Fred

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast via nfbmi-talk
Sent: Wednesday, November 26, 2014 8:24 AM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] iowa bep program in the news challenged

Washington man questions practices of state vending program

By

Mark Carlson,

KCRG-TV9

List of 2 items

Video

Photos

list end

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
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