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March 15, 2005
Leah Wade
Illinois Attorney General’s Office
Disability Rights Bureau
100 West
Randolph
11th Floor
Chicago
,
Illinois 60604
Dear Ms. Wade,
My name is Kevin Dwyer and I am a member of the Business
Enterprise Program for the Blind (BEPB), which is administered by the Illinois
Department of Human Services , Office of Rehabilitation Services and
the Bureau of Blind Services.
I am also an elected member of the Illinois Committee of
Blind Vendors (ICBV). The BEPB is a program for the blind and visually impaired,
and along with the ICBV is administered by the federal Randolph Sheppard Act of
1936. The Randolph Sheppard Act provides that blind business people have the
priority to operate vending facilities on Federal Properties. The
Act also states that an elected committee of blind vendors shall advocate for
blind vendors within the state.
In addition to the Federal Act, in October 1975
Illinois
enacted 20ILCS 2420, Blind Persons Operating Vending Facilities on State
Property Act. 20ILCS2420 states that “…such property custodians shall give preference
to blind persons when granting permission to operate a vending facility…”.
In the 1997 Illinois Supreme Court case of Stephen L.
Denton v. The Civil Service Commission of the State of
Illinois
(docket no. 80712), a case that addressed the “Veteran’s Hiring
Preference”, Chief Justice James D. Hieple delivered the Court’s opinion in
which the term preference is
clearly defined as “possessing or accorded a priority, advantage,
or privilege”.
On
July 30, 2004
, The Illinois Department of Natural Resources (DNR) posted a Request For
Proposal (RFP) for the concession contract for Shabbona Lake State Recreational
Area.
On
August 12, 2004
, the BEPB notifies DNR of our interest in this contract, the preference on
state property that is afforded us under State Law 2420, and our request to
enter into direct negotiations.
That request was denied and our bid was to be submitted by
September 15, 2004
. A detailed and thorough proposal
was prepared and submitted.
On
November 4, 2004
, CMS posted a Contract Award Notice announcing the awarding of the
Shabbona
Lake
concessions contract to Berg
N’ Sands Inc., despite State Law 2420.
The BEPB filed a formal protest and requested a
re-evaluation of the award decision. The decision stood.
As a result the eleven members of the ICBV contacted our
individual state legislators for assistance. I was contacted by Terry Kammermann,
an aide to Illinois State Representative Shane Cultra, my State Representative.
In one of my conversations with Mr. Kammermann I informed him that
it had come to our attention
that co-owner of Berg N’ Sands Inc., is Dennis R. Sands, Vice Chairperson of
the DeKalb County Board. This is when you were contacted by Mr. Kammermann.
On
March 10, 2005
, Mr. Kammermann contacted me and told me to forward to you any and all
information I had on the concession contract at Shabbona Lake Recreation Area.
Please find enclosed the following information:
·
A copy of the BEPB proposal.
·
Correspondence to DNR.
·
A copy of the Notice of Award.
·
A list of the members of the DeKalb County Board.
·
A copy of 20 ILCS 2420, Blind Persons Operating Vending Facilities
on State Property Act.
·
A copy of the Illinois Supreme Court Opinion on the case
Denton
v.The Civil Services Commission in which the term preference is defined.
If you need any additional information or if you have any
questions please contact me.
I look forward to hearing from you in writing on your
findings.
Thank you,
Kevin Dwyer
Illinois
Committee of Blind Vendors
3218 Cherry Hills Drive
Champaign
,
Illinois 61822
(217) 493-7869
(217) 352-3284 Fax
cc
The Honorable Shane Cultra
Illinois
State
Representatives, 105th District
Terry Kammermann
Aide to
Illinois
State
Representatives Shane Cultra
John Gordon Chairman,
Illinois
Committee of Blind Vendors
Paul Drake BEPB Administrator
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