Вы находитесь на странице: 1из 2

34458 Federal Register / Vol. 72, No.

120 / Friday, June 22, 2007 / Notices

State rules and regulations surrounding concerning the selection process for DEPARTMENT OF EDUCATION
the selection process utilized by the Facility #531 at Wright-Patterson Air
SLA to fill a vacancy at Facility #531 Force Base were in accordance with the Arbitration Panel Decision Under the
located at the Wright-Patterson Air Act, implementing regulations and State Randolph-Sheppard Act
Force Base in Dayton, Ohio. rules and regulations regarding the AGENCY: Department of Education.
Summary operation or administration of the
ACTION: Notice of arbitration panel
Randolph-Sheppard vending facility
On March 21, 2003, the SLA decision under the Randolph-Sheppard
program.
announced a vacancy at Facility #531, a Act.
After reviewing all of the records and
collection of four bagel shops located in hearing testimony of witnesses, the SUMMARY: The Department of Education
buildings 28, 556, 558, and 560 at the panel ruled that the SLA violated the (Department) gives notice that on
Wright-Patterson Air Force Base in Act, implementing regulations, and October 2, 2006, an arbitration panel
Dayton, Ohio. The bid announcement State rules and regulations in rendered a decision in the matter of
indicated that all applicants were to conducting the selection process for Michael Benson v. Georgia Department
submit a business plan with their
Facility #531. The panel issued a four- of Labor, Division of Rehabilitation
application. On April 1, 2003,
part ruling as follows: (1) The SLA must Services (Case No. R–S/04–2). This
complainant applied for a position at
conduct another selection for Facility panel was convened by the Department
Facility #531 and complied with all
#531; (2) Individuals who served on the under 20 U.S.C. 107d–1(a), after the
aspects of the bid announcement.
previous panel are ineligible to Department received a complaint filed
Following the bid closing, complainant
participate in the new process, and only by the petitioner, Michael Benson.
and another vendor were both being
the complainant and the other vendor FOR FURTHER INFORMATION CONTACT: You
considered for Facility #531.
Complainant alleged that the SLA are eligible to be considered as may obtain a copy of the full text of the
applied its transfer and promotion candidates; (3) In evaluating the two arbitration panel decision from Suzette
policies incorrectly. Complainant candidates, the SLA is prohibited from E. Haynes, U.S. Department of
contended that there are six specific considering the experience of the other Education, 400 Maryland Avenue, SW.,
criteria that the SLA normally uses to vendor who is currently operating room 5022, Potomac Center Plaza,
rate candidates on a scale of 1 to 10. Facility #531; and (4) The SLA must Washington, DC 20202–2800.
Additionally, an interview is also reimburse the complainant for all Telephone: (202) 245–7374. If you use a
required. Complainant alleged that the attorney fees and other costs that he telecommunications device for the deaf
SLA’s selection committee used a incurred with his complaint. The (TDD), you may call the Federal Relay
different scoring system, rating each of amount must include all cost and fees Service at 1–800–877–8339.
the criteria on a scale of 1 to 100 instead from the time that the selection Individuals with disabilities may
of 1 to 10. committee awarded Facility #531 to the obtain this document in an alternative
Complainant further alleged that a other vendor. format (e.g., Braille, large print,
member of the selection committee had The views and opinions expressed by audiotape, or computer diskette) on
a conflict of interest. Specifically, the panel do not necessarily represent request to the contact person listed
complainant alleged that the selection the views and opinions of the under FOR FURTHER INFORMATION
committee member was interested in Department. CONTACT.
becoming the manager of the location Electronic Access to This Document SUPPLEMENTARY INFORMATION: Under
that would be vacated by the other section 6(c) of the Randolph-Sheppard
candidate, thus, making the selection You may view this document, as well Act (the Act), 20 U.S.C. 107d–2(c), the
committee biased toward the other as all other Department of Education Secretary publishes in the Federal
candidate to be named the manager of documents published in the Federal Register a synopsis of each arbitration
Facility #531. Complainant asserted that Register, in text or Adobe Portable panel decision affecting the
his scores in training and the fact that Document Format (PDF) on the Internet administration of vending facilities on
he has 120 semester hours of college at the following site: http://www.ed.gov/ Federal and other property.
education made him the more qualified news/fedregister.
candidate for Facility #531. To use PDF you must have Adobe Background
Complainant filed a grievance against Acrobat Reader, which is available free This dispute concerned alleged
the SLA on this matter. A hearing on the at this site. If you have questions about violations of the Act, the implementing
grievance was scheduled for March 15, using PDF, call the U.S. Government regulations in 34 CFR part 395, and
2004, but was later cancelled. The Printing Office (GPO), toll free, at State rules and regulations by the
parties were instructed by the hearing 1–888–293–6498; or in the Washington, Georgia Department of Labor, Division
officer to submit to him written briefs DC, area at (202) 512–1530. of Rehabilitation Services, the State
on complainant’s grievance. On July 23, Note: The official version of this document
licensing agency (SLA), regarding
2004, after reviewing the briefs, the is the document published in the Federal Michael Benson’s (complainant)
hearing officer denied complainant’s Register. Free Internet access to the official placement as the licensed manager of a
grievance in its entirety. On September edition of the Federal Register and the Code cafeteria operated under contract at the
27, 2004, the SLA adopted the hearing of Federal Regulations is available on GPO Federal Law Enforcement Training
officer’s order as final agency action. Access at: http://www.gpoaccess.gov/nara/ Center (FLETC) in Brunswick, Georgia.
Complainant sought review by a Federal index.html.
Summary
arbitration panel of that decision.
Dated: June 14, 2007. In 1999, the SLA was awarded a
rwilkins on PROD1PC63 with NOTICES

Arbitration Panel Decision John H. Hager, contract to operate the FLETC cafeteria.
The issue heard by the panel was Assistant Secretary for Special Education and In March 1999, the SLA, through its
whether the actions taken by the Ohio Rehabilitative Services. nominee agency Georgia Cooperative
Rehabilitation Services Commission, [FR Doc. E7–12138 Filed 6–21–07; 8:45 am] Services for the Blind, contracted with
Bureau of Services for the Blind BILLING CODE 4000–01–P Southern Food Service Management

VerDate Aug<31>2005 16:51 Jun 21, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices 34459

(SFM), a private company to act as a Electronic Access to This Document SUPPLEMENTARY INFORMATION: Under
teaming partner with the licensed blind You may view this document, as well section 6(c) of the Randolph-Sheppard
vendor selected to operate the FLETC as all other Department of Education Act (the Act), 20 U.S.C. 107d–2(c), the
cafeteria. documents published in the Federal Secretary publishes in the Federal
In mid 1999, complainant responded Register, in text or Adobe Portable Register a synopsis of each arbitration
to the SLA’s bid announcement to Document Format (PDF) on the Internet panel decision affecting the
at the following site: http://www.ed.gov/ administration of vending facilities on
manage the FLETC cafeteria. In July
news/fedregister. Federal and other property.
1999, complainant was selected as the
licensed manager for the FLETC To use PDF you must have Adobe Background
cafeteria and began work in February Acrobat Reader, which is available free
at this site. If you have questions about This dispute concerned alleged
2000. In the beginning, complainant felt violations of the Act, the implementing
that there were several problems, i.e., using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1– regulations in 34 CFR part 395, and
his office was not completed, he was State rules and regulations by the
unable to access certain computer 888–293–6498; or in the Washington,
DC, area at (202) 512–1530. Alabama Department of Rehabilitation
documents, and he was not provided Services, the State licensing agency
training. Note: The official version of this document (SLA), regarding David Stewart’s
is the document published in the Federal
Additionally, complainant alleged Register. Free Internet access to the official
(complainant) termination as manager of
that he had no involvement in the edition of the Federal Register and the Code the military dining facility at the
selection of SFM and that the terms of of Federal Regulations is available on GPO Redstone Arsenal in Huntsville,
the teaming agreement required that he Access at: http://www.gpoaccess.gov/nara/ Alabama.
receive a fixed salary with no right to index.html.
Summary
share in the profits. Further the
Dated: June 14, 2007. On November 13, 2002, the SLA
complainant alleged that the teaming
John H. Hager, issued a bid announcement for the
agreement negotiated between the SLA
and SFM left him with no staff support Assistant Secretary for Special Education and military dining hall facility at Redstone
Rehabilitative Services. Arsenal. Among other details in the
to carry out his duties as the cafeteria
contract manager. On October 11, 2002, [FR Doc. E7–12143 Filed 6–21–07; 8:45 am] announcement, the SLA specifically
complainant filed a grievance against BILLING CODE 4000–01–P indicated that the contract was a joint
the SLA on this matter. A fair hearing venture and that the licensed blind
on the grievance was held on January vendor selected would be required to
DEPARTMENT OF EDUCATION team with an outside military dining
16, 2003, and complainant’s grievance
was denied. On May 15, 2003, hall contractor known as KCA, Inc.
Arbitration Panel Decision Under the On January 7, 2003, the SLA informed
complainant filed an appeal. On Randolph-Sheppard Act complainant that he had been selected
September 18, 2003, the Administrative
AGENCY: Department of Education. as the licensed manager for the military
Law Judge (ALJ) issued an order dining hall at Redstone Arsenal and
denying the appeal and any relief to the ACTION: Notice of arbitration panel
decision under the Randolph-Sheppard complainant accepted on January 8,
complainant. The SLA adopted the 2003.
ALJ’s decision as final agency action. Act.
On February 4, 2003, the complainant
Complainant sought review by a Federal SUMMARY: The Department of Education met with SLA staff members, KCA, Inc.
arbitration panel of that decision. (Department) gives notice that on staff and other interested parties. At the
Arbitration Panel Decision August 21, 2006, an arbitration panel meeting, complainant explained that his
rendered a decision in the matter of wife would not be able to assume the
The issue heard by the panel was David Stewart v. Alabama Department administrative roles, i.e., payroll
whether the actions taken by the of Rehabilitation Services (Case No. R– assistant, driving, and other duties as
Georgia Department of Labor, Division S/04–1). This panel was convened by the previous blind vendor’s wife.
of Rehabilitation Services violated the the Department, under 20 U.S.C. 107d– Therefore, complainant proposed that
Act, 20 U.S.C. 107 et seq., the 1(a), after the Department received a one-half of the general and
implementing regulations in 34 CFR complaint filed by the petitioner, David administrative costs normally passed on
part 395, and its own rules and Stewart. to KCA, Inc. be allocated to him since
regulations concerning the FOR FURTHER INFORMATION CONTACT: You complainant would have to hire
administration of a cafeteria contract at may obtain a copy of the full text of the additional staff to perform those duties.
FLETC and the selection of complainant arbitration panel decision from Suzette Subsequently, complainant alleged
to manage this facility. E. Haynes, U.S. Department of that a member of KCA, Inc. informed
Education, 400 Maryland Avenue, SW., him that a proposed joint venture
After reviewing all of the records and
room 5022, Potomac Center Plaza, agreement would be sent to complainant
hearing testimony of witnesses, the
Washington, DC 20202–2800. to consider. On February 13, 2003, the
majority of the panel ruled that the SLA
Telephone: (202) 245–7374. If you use a SLA wrote the complainant stating that
followed the provisions of the Act, and
telecommunications device for the deaf he must execute a joint venture and
implementing regulations in the
(TDD), you may call the Federal Relay operating agreement by February 21,
administration of the FLETC cafeteria
Service at 1–800–877–8339. 2003 or the military dining hall facility
contract. Therefore, the panel denied Individuals with disabilities may at Redstone Arsenal would be awarded
complainant’s grievance. One panel obtain this document in an alternative to the next highest-scoring blind vendor.
rwilkins on PROD1PC63 with NOTICES

member dissented. format (e.g., Braille, large print, Previously, complainant had hired an
The views and opinions expressed by audiotape, or computer diskette) on attorney to assist him in reviewing the
the panel do not necessarily represent request to the contact person listed joint venture agreement. Upon receipt of
the views and opinions of the under FOR FURTHER INFORMATION the February 13, 2003 letter from the
Department. CONTACT. SLA, complainant’s attorney and the

VerDate Aug<31>2005 16:51 Jun 21, 2007 Jkt 211001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1