12-150 C.M.R. ch. 15, § 5 - ASSIGNMENTS OF LOCATIONS
1. In authorizing
vending facilities or other businesses on state property, the Division for the
Blind and Visually Impaired SLA shall give preference to persons who are blind
and who are licensed by the SLA in order to enlarge the economic opportunities
of persons who are blind and visually impaired by providing remunerative
employment opportunities.
For the purpose of assisting blind persons to become self-supporting, the SLA is hereby authorized to carry on activities to promote the employment of eligible blind persons, including the licensing and establishment of such persons as operators of vending facilities on public property. Blind licensees shall be given the first opportunity to participate in the operation of vending facilities on all state properties when such facilities are operated under the supervision of the Division for the Blind and Visually Impaired SLA.
2.
When a location for a new facility has been established or a vacancy in an
existing location is created, the facility manager will be assigned according
to the following procedure:
A. All licensed
managers will be notified of the vacancy. As much information as possible about
the potential of the business shall be included.
B. Interviews shall be held for all qualified
managers who request to be a candidate for the new location and who have been
trained or hold a certificate for type of facility i.e., snack bar, cafeteria,
vending or Micro Market.
A representative of the SLA, along with at least one licensed manager will be on the selection panel. Factors to be considered by the panel when making the selection will be:
(1)
Managerial and other skills and abilities demonstrated by the candidates, as
they fit the type of available facility, including handling labor needs,
complexity of financial requirements, food preparation and customer
relations.
(2) Previous records of
the candidates under consideration, including submission of required reports in
an accurate and timely fashion, customer satisfaction, improvements in profits
or number of customers as a result of the manager's abilities, safety and
sanitation inspections, fee and bill payment history, attendance at training
meetings, and past evaluations by the SLA.
(3) Seniority of eligible candidates when all
other qualities are equal.
(4) For
managers who wish to transfer to the new or vacant site on a permanent basis,
the SLA and manager will work to ensure the least amount of disruption between
the old and new site.
3. When new seasonal locations become
available, managers already assigned to a seasonal location shall be given
preference when it creates full year employment. When opening the additional
facility, the manager must continue to operate the current facility and allow
no more than one-week break in service between the old and new site.
4. A manager transferring to a new location
is responsible for the cleanliness of the current facility upon departure. SLA
shall inspect and determine if the facility is properly cleaned using an
inspection checklist. If not, arrangements will be made for the facility to be
cleaned, and the exiting manager shall be charged accordingly.
5. TEMPORARY LOCATIONS
A. If circumstances require, the SLA may
place a facility under temporary management.
(1) If a manager wishes to retain primary
site and temporarily cover vacant site, they will notify the SLA and a
decision/selection will be made with consideration given to the following:
displaced managers whose facilities are closed or have low profitability due to
size and location may be given first opportunity. Other considerations include
availability and ability to operate more than one facility based on performance
with primary facility.
(2) All
sales, expenses, and income records derived from a temporary assignment shall
be maintained and reported separately from those incurred in a manager's
permanent facility.
(3) Individuals
selected for a temporary assignment shall be in good standing with
BEP.
(4) All temporary managers
must sign a standard temporary operating agreement. The temporary operating
agreement will clearly define the responsibilities of the SLA and the manager
with respect to the terms and conditions governing the effective and efficient
operation of the facility. A copy of the initial inventory will be provided.
All temporary managers must abide by and comply with the rules and regulations
governing the BEP.
(5) A temporary
agreement will be in effect until a permanent manager is assigned. A temporary
agreement shall extend for an initial period of not greater than six (6) months
unless it is determined by the SLA with input from the Committee of Blind
Managers, that it is in the best interest of the BEP to extend the temporary
agreement for an additional 6 months. Review will take place for each site
prior to the expiration of Agreements.
(6) At each semi-annual Committee of Blind
Manager meeting, the SLA shall provide a list of all BEP facilities being
operated on a temporary basis to the Committee.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
1. In authorizing vending facilities or other businesses on state property, the Division for the Blind and Visually Impaired SLA shall give preference to persons who are blind and who are licensed by the SLA in order to enlarge the economic opportunities of persons who are blind and visually impaired by providing remunerative employment opportunities.
For the purpose of assisting blind persons to become self-supporting, the SLA is hereby authorized to carry on activities to promote the employment of eligible blind persons, including the licensing and establishment of such persons as operators of vending facilities on public property. Blind licensees shall be given the first opportunity to participate in the operation of vending facilities on all state properties when such facilities are operated under the supervision of the Division for the Blind and Visually Impaired SLA.
2. When a location for a new facility has been established or a vacancy in an existing location is created, the facility manager will be assigned according to the following procedure:
A. All licensed managers will be notified of the vacancy. As much information as possible about the potential of the business shall be included.
B. Interviews shall be held for all qualified managers who request to be a candidate for the new location and who have been trained or hold a certificate for type of facility i.e., snack bar, cafeteria, vending or Micro Market.
A representative of the SLA, along with at least one licensed manager will be on the selection panel. Factors to be considered by the panel when making the selection will be:
(1) Managerial and other skills and abilities demonstrated by the candidates, as they fit the type of available facility, including handling labor needs, complexity of financial requirements, food preparation and customer relations.
(2) Previous records of the candidates under consideration, including submission of required reports in an accurate and timely fashion, customer satisfaction, improvements in profits or number of customers as a result of the manager's abilities, safety and sanitation inspections, fee and bill payment history, attendance at training meetings, and past evaluations by the SLA.
(3) Seniority of eligible candidates when all other qualities are equal.
(4) For managers who wish to transfer to the new or vacant site on a permanent basis, the SLA and manager will work to ensure the least amount of disruption between the old and new site.
3. When new seasonal locations become available, managers already assigned to a seasonal location shall be given preference when it creates full year employment. When opening the additional facility, the manager must continue to operate the current facility and allow no more than one-week break in service between the old and new site.
4. A manager transferring to a new location is responsible for the cleanliness of the current facility upon departure. SLA shall inspect and determine if the facility is properly cleaned using an inspection checklist. If not, arrangements will be made for the facility to be cleaned, and the exiting manager shall be charged accordingly.
5. TEMPORARY LOCATIONS
A. If circumstances require, the SLA may place a facility under temporary management.
(1) If a manager wishes to retain primary site and temporarily cover vacant site, they will notify the SLA and a decision/selection will be made with consideration given to the following: displaced managers whose facilities are closed or have low profitability due to size and location may be given first opportunity. Other considerations include availability and ability to operate more than one facility based on performance with primary facility.
(2) All sales, expenses, and income records derived from a temporary assignment shall be maintained and reported separately from those incurred in a manager's permanent facility.
(3) Individuals selected for a temporary assignment shall be in good standing with BEP.
(4) All temporary managers must sign a standard temporary operating agreement. The temporary operating agreement will clearly define the responsibilities of the SLA and the manager with respect to the terms and conditions governing the effective and efficient operation of the facility. A copy of the initial inventory will be provided. All temporary managers must abide by and comply with the rules and regulations governing the BEP.
(5) A temporary agreement will be in effect until a permanent manager is assigned. A temporary agreement shall extend for an initial period of not greater than six (6) months unless it is determined by the SLA with input from the Committee of Blind Managers, that it is in the best interest of the BEP to extend the temporary agreement for an additional 6 months. Review will take place for each site prior to the expiration of Agreements.
(6) At each semi-annual Committee of Blind Manager meeting, the SLA shall provide a list of all BEP facilities being operated on a temporary basis to the Committee.