WEBVTT 00:00:00.000 --> 00:00:00.000 00:00:15.000 --> 00:00:17.000 >>LET'S MOVE TO AGENDA ITEM NUMBER 3. 00:00:26.421 --> 00:00:28.475 >>LET'S MOVE TO AGENDA ITEM NUMBER FOUR, [INDISCERNIBLE] I THINK WE HAVE 00:00:35.547 --> 00:00:37.547 THREE CASES ON DOCKET 18 00:00:40.752 --> 00:00:42.752 >> THE FIRST CASE ON DOCKET 18 IS TD 19 00:00:46.000 --> 00:00:48.000 142 1219. 00:00:52.956 --> 00:00:55.000 >> I DISAGREE WITH THE STAFF RECOMMENDATION THAT THE EMPLOYER BECAME 00:00:59.100 --> 00:01:01.100 [INDISCERNIBLE] FOR JANUARY 1, 2012. THE REIMBURSEMENT PROVIDES THAT PERSON 00:01:03.100 --> 00:01:05.100 STATUS EFFECTIVE ON JANUARY 1 OF THE 00:01:09.100 --> 00:01:12.100 YEAR IN WHICH THE EMPLOYER BECAME SUBJECT TO THE ACT WHICH IS 2012. TWO YEARS EARLIER THAN RECOMMENDED. IT WAS 00:01:14.100 --> 00:01:16.100 NOT THE [INDISCERNIBLE] UNTIL LATE 2015 00:01:17.100 --> 00:01:19.100 ADVISE THE COMPANY OF ITS RIGHT TO LET 00:01:21.100 --> 00:01:23.100 REIMBURSEMENT AND THEREFORE I HOLD THE 00:01:24.100 --> 00:01:27.100 EMPLOYER [INDISCERNIBLE] ON JANUARY 1 2012 >> COMMISSIONER ALVAREZ 00:01:31.100 --> 00:01:33.100 >> I AGREE WITH STAFF RECOMMENDATION 00:01:35.100 --> 00:01:37.100 >> MR. CHAIRMAN? I AGREE WITH STAFF 00:01:38.100 --> 00:01:40.100 RECOMMENDATION >> THANK YOU 00:01:43.100 --> 00:01:45.100 >> [INDISCERNIBLE] 00:01:47.100 --> 00:01:50.100 >> I HAVE THAT YOU DISAGREE WITH THAT RESULT 00:01:51.100 --> 00:01:53.100 >> THE SECOND CASE IS TD 20 006 1119. 00:02:06.100 --> 00:02:09.100 COMMISSIONER DEMERSON >> I AGREE WITH STAFF RECOMMENDATION >> COMMISSIONER ALVAREZ, I AGREE WITH 00:02:10.100 --> 00:02:12.100 STAFF RECOMMENDATION. MR. CHAIRMAN 00:02:14.100 --> 00:02:16.100 AGREES WITH STAFF RECOMMENDATION. THE FINAL TAX CASE ON DOCKET 18 IS TD 20 00:02:26.100 --> 00:02:28.100 024 0220. COMMISSIONER DEMERSON 00:02:30.100 --> 00:02:32.100 AGREES WITH STAFF RECOMMENDATION. COMMISSIONER ALVAREZ AGREES WITH STAFF 00:02:33.100 --> 00:02:35.100 RECOMMENDATION. MR. CHAIRMAN AGREE WITH 00:02:38.100 --> 00:02:41.100 STAFF RECOMMENDATION. THANK YOU, THAT WAS THE LAST TAX CASE >> ON AGENDA ITEM 5, WE HAVE NO FAIR 00:02:51.100 --> 00:02:53.100 HOUSING CASES IS THAT CORRECT? >> THAT IS CORRECT 00:02:58.100 --> 00:03:01.100 >> AGENDA ITEM 6, NO CASES PULLED FOR DISCUSSION ON DOCKET 18 >> THAT'S CORRECT, NO PULLED CASES AND 00:03:08.100 --> 00:03:11.100 YOU SHOULD HAVE RECEIVED THE SHORT FORM >> MOVE WE ACCEPT STAFF RECOMMENDATION >> SECOND THE MOTION ON THE CASES I'M 00:03:19.100 --> 00:03:21.100 [INDISCERNIBLE] >> I CONCUR WITH THE CHAIRMAN. LET THE 00:03:24.100 --> 00:03:26.100 MOTION [INDISCERNIBLE] REFLECTED IN THE 00:03:30.100 --> 00:03:32.100 [INDISCERNIBLE] >> MOTION PASSES WITH THE EXCEPTIONS 00:03:37.100 --> 00:03:40.100 NOTED >> THANK YOU >> AGENDA ITEM 7, SEPARATION OF 00:03:40.100 --> 00:03:42.100 UNEMPLOYMENT ENTRY DOCKET 18 >> BEGINNING WITH CASE 244-7971 00:03:48.100 --> 00:03:50.100 >> COMMISSIONER DEMERSON >> [INDISCERNIBLE] THE HEARING OFFICER 00:03:57.100 --> 00:03:59.100 WAS UNAVAILABLE IN THE HEARING WAS 00:04:00.100 --> 00:04:02.100 RESCHEDULED THE EMPLOYER CONTINUED 00:04:04.100 --> 00:04:06.100 BECAUSE [INDISCERNIBLE] WERE UNAVAILABLE TO APPEAR DUE TO A 00:04:08.100 --> 00:04:11.100 SCHEDULING CONFLICT. THE EMPLOYER TESTIFIED A REPRESENTATIVE 00:04:11.100 --> 00:04:13.100 [INDISCERNIBLE] THAT ALL IT NEEDED TO 00:04:14.100 --> 00:04:16.100 DO [INDISCERNIBLE] THE EMPLOYER WAS NOT 00:04:19.100 --> 00:04:21.100 INSTRUCTED TO SHOW UP WITHOUT TWO OF THE WITNESSES AND SINCE THE EMPLOYER 00:04:23.100 --> 00:04:25.100 APPEARED AT THE HEARING, REQUESTED A CONTINUANCE AS IS CONSTRUCTED AND 00:04:28.100 --> 00:04:30.100 RECEIVED MISINFORMATION FROM THE 00:04:32.100 --> 00:04:34.100 REPRESENTATIVE [INDISCERNIBLE] ESTABLISHED TO CAUSE FOR NONAPPEARANCE. 00:04:37.100 --> 00:04:40.100 [INDISCERNIBLE] DECISION [INDISCERNIBLE] FOR NONAPPEARANCE 00:04:40.100 --> 00:04:42.100 RESUBMIT THE CASE FOR MERIT TESTIMONY. 00:04:47.100 --> 00:04:49.100 >> I AFFIRM THE EMPLOYER FAILED TO 00:04:50.100 --> 00:04:52.100 ESTABLISH CAUSE FOR MISSING THE HEARING THE EMPLOYER HAD SEVERAL WITNESSES 00:04:56.100 --> 00:04:58.100 INCLUDING CEO THE FIRST HEARING AND DID 00:05:01.100 --> 00:05:04.100 NOT ESTABLISH IT WAS PREVENTED IT WAS PREVENTED FROM PARTICIPATING IN THE HEARING BY ANY CIRCUMSTANCES BEYOND ITS 00:05:04.100 --> 00:05:06.100 CONTROL. THE EVIDENCE ON THE SEPARATION 00:05:08.100 --> 00:05:10.100 ISSUE ESTABLISH. THE COURT FILE THE 00:05:12.100 --> 00:05:14.100 CLAIMANT ABSENCES THAT OCCURRED OVER THE MONTH PRIOR TO DISCHARGE THE 00:05:17.100 --> 00:05:20.100 CLAIMANTS ABSENCES WERE [INDISCERNIBLE] TO THE EMPLOYER AND RELATED TO HER HUSBANDS CANCER TREATMENTS THEREFORE WE 00:05:24.100 --> 00:05:26.100 SHOULD AFFIRM [INDISCERNIBLE]. 00:05:29.100 --> 00:05:31.100 >>NEXT CASE, 2451587 00:05:40.100 --> 00:05:42.100 >> COMMISSIONER DEMERSON 00:05:43.100 --> 00:05:45.100 >> THE CURRENT TESTIMONY IS NOT 00:05:48.100 --> 00:05:50.100 [INDISCERNIBLE] WORK STATUS AND SCHEDULE AT THE TIME SHE FILED HER CLAIM 00:05:56.100 --> 00:05:59.100 THAT CLAIMANT FILED HER INITIAL CLAIM ON AUGUST 26, 2019 AND THE EMPLOYER'S INITIAL STATEMENTS INDICATES THE 00:06:01.100 --> 00:06:04.100 CLAIMANT WAS REHIRED [INDISCERNIBLE] HOWEVER THE INVESTABLE TESTIMONY THE 00:06:04.100 --> 00:06:07.100 CLAIMANTS SEPARATION FROM FEBRUARY 2019. IF TESTIMONY AS TO WHAT THE 00:06:12.100 --> 00:06:14.100 SCHEDULE WAS [INDISCERNIBLE] WHETHER BASED ON [INDISCERNIBLE] WITH THE 00:06:22.100 --> 00:06:24.100 CLAIMANT [INDISCERNIBLE]. THEREFORE [INDISCERNIBLE]. THE CLAIMANT AGREED TO 00:06:41.100 --> 00:06:43.100 WORK ON CALL AS NEEDED AT THE 00:06:44.100 --> 00:06:46.100 EMPLOYER'S REQUEST BECAUSE THE CLAIMANT 00:06:51.100 --> 00:06:54.100 WAS WORKING ON CALL AS NEEDED THE EMPLOYER'S CONVENIENCE FOR SEPARATION AT THE END OF THE LAST WORK ASSIGNMENT 00:06:54.100 --> 00:06:56.100 WAS DISCHARGED WITHOUT THE MISCONDUCT 00:06:57.100 --> 00:06:59.100 [INDISCERNIBLE] CONDUCT 00:07:03.100 --> 00:07:06.100 [INDISCERNIBLE] >> WE HAVE A MAJORITY VOTE TO REHEAR THE CASE 00:07:06.100 --> 00:07:08.100 >>. 245-8474, COMMISSIONER ALVAREZ 00:07:20.100 --> 00:07:23.100 >> THE DECISION SHOULD BE REDUCED ON GOOD CAUSATION THE CLAIMANT WORKS AS A FOOD ATTENDANT AND IS THEREFORE AWAY 00:07:23.100 --> 00:07:25.100 FROM HER RESIDENCE FOR EXTENDED TIME PERIODS SHE USES HER FATHER'S ADDRESS 00:07:28.100 --> 00:07:30.100 AND DID NOT APPEAR FOR THE HEARING 00:07:32.100 --> 00:07:34.100 BECAUSE HER FATHER [INDISCERNIBLE] FOR 00:07:37.100 --> 00:07:40.100 THE HEARING. HER NONAPPEARANCE WAS CAUSED BY CIRCUMSTANCES BEYOND HER CONTROL AND HER PETITION TO REOPEN 00:07:40.100 --> 00:07:42.100 SHOULD BE [INDISCERNIBLE] REVERSE THE 00:07:45.100 --> 00:07:47.100 CAUSE AND [INDISCERNIBLE] THE CASE ON THE MERIT 00:07:48.100 --> 00:07:50.100 >> THE DECISION SHOULD BE AFFIRMED 00:07:54.100 --> 00:07:56.100 [INDISCERNIBLE] THE CLAIM RECEIVE 00:08:12.100 --> 00:08:15.100 NOTICE THE 81 HEARING PACKET WAS MAILED TO THE CORRECT ADDRESS ON RECORD THE NOTICE WAS RECEIVED PRIOR TO THE 00:08:15.100 --> 00:08:18.100 SCHEDULED HEARING ALTHOUGH THE CLAIMANTS BY FATHER INTERCEPTED THE NOTICE AND FORGOT TO GIVE IT TO THE 00:08:18.100 --> 00:08:21.100 CLAIMANT, THE CLAIMANT KNEW THE NOTICE HAD BEEN MAILED AND IT'S HER RESPONSIBILITY TO CHECK IN WITH HER 00:08:21.100 --> 00:08:24.100 FATHER TO SEE THAT [INDISCERNIBLE] THIS WOULD'VE BEEN EASY FOR THE CLAIMANT TO DO SO SHE WAS LIVING WITH HER FATHER AT 00:08:24.100 --> 00:08:27.100 THE ADDRESS ON RECORD AS SUCH THE CLAIMANT DID NOT MISS THE HEARING DUE TO CIRCUMSTANCES BEYOND HER CONTROL AND 00:08:27.100 --> 00:08:30.100 DID NOT HAVE GOOD CAUSE FOR NONAPPEARANCE. COMMISSION RECORDS REFLECT RECEIVE WAGES SHE DID NOT 00:08:33.100 --> 00:08:35.100 REPORT TO TWC [INDISCERNIBLE] OVERPAYMENT CAUSED BY THE ADJUSTMENT IN 00:08:39.100 --> 00:08:41.100 HER EARNINGS. [INDISCERNIBLE] DECISION CALLS FOR NONAPPEARANCE [INDISCERNIBLE] 00:08:47.100 --> 00:08:49.100 >> EXCUSE ME, COMMISSIONER DEMERSON, I 00:08:53.100 --> 00:08:56.100 CAN, I THINK FEEDBACK IS COMING FROM COMMISSIONER ALVAREZ'S MICROPHONE AND 00:08:56.100 --> 00:08:58.100 COULD NOT HEAR YOUR VOTE >> WE SHOULD AFFIRM THE DECISION THE 00:09:01.100 --> 00:09:03.100 CLAIMANT DID NOT HAVE GOOD CAUSE FOR 00:09:06.100 --> 00:09:08.100 HER NONAPPEARANCE OVER PAYMENT OF $4563 00:09:11.100 --> 00:09:13.100 >> THANK YOU. >> COMMISSIONER ALVAREZ 00:09:15.100 --> 00:09:17.100 >> I ASKED FOR A REVERSE CLAIMANT HAD 00:09:21.100 --> 00:09:23.100 GOOD CAUSE FOR NONAPPEARANCE 00:09:24.100 --> 00:09:26.100 >> I WAS WONDERING IF YOU WANTED TO ADD 00:09:28.100 --> 00:09:30.100 SOMETHING BECAUSE I THOUGHT I HEARD YOU COMING FROM THE MICROPHONE 00:09:34.100 --> 00:09:36.100 >> OKAY. MR. CHAIRMAN 00:09:38.100 --> 00:09:40.100 >> REVERSE THE CLAIM GOOD CAUSE FOR 00:09:43.100 --> 00:09:46.100 RESUBMITTAL >> WE HAVE A MAJORITY VOTE THE CLAIMANT ESTABLISHED GOOD CAUSE AND RESUBMIT ON 00:09:46.100 --> 00:09:48.100 THE MERITS. 00:09:53.100 --> 00:09:55.100 >> 246-1564. >> THE DECISION SHOULD BE REVERSED 00:09:57.100 --> 00:10:00.100 CAREFUL REVIEW OF THE RECORD REVEALS THE CLAIMANT MISMANAGED HER [INDISCERNIBLE] OCCURRED WHEN THE 00:10:02.100 --> 00:10:04.100 CLAIMANT [INDISCERNIBLE] TOLD THE 00:10:07.100 --> 00:10:09.100 EMPLOYER [INDISCERNIBLE] THE SAME IN TEXAS AS THEY WERE IN ALABAMA HOWEVER 00:10:18.100 --> 00:10:21.100 WERE ACTUALLY DOUBLE THE TEXAS PRICE AND THE EMPLOYER REASONABLE RELIANCE ON THE CLAIMANT STATEMENT CAUSED FINANCIAL 00:10:21.100 --> 00:10:23.100 DAMAGE TO THE EMPLOYER IN EXCESS OF $550,000. THE CLAIMANTS PRIMARY 00:10:25.100 --> 00:10:27.100 RESPONSIBILITY IN HER JOB AS CATEGORY MANAGERS WAS TO KNOW THE PRICE OF THE 00:10:29.100 --> 00:10:31.100 PRODUCT. THE CLAIMANT DID NOT DENY THIS 00:10:32.100 --> 00:10:34.100 NOR DID SHE DENY TELLING THE EMPLOYER THOUGH SODA PRICES WERE THE SAME WHEN 00:10:36.100 --> 00:10:38.100 THEY WERE NOT. THEY DID ADMIT HOWEVER SHE WAS NOT AWARE OF THE SODA PRICES 00:10:40.100 --> 00:10:42.100 WERE DIFFERENT EVEN THOUGH SHE WOULD'VE KNOWN THAT INFORMATION AS PART OF HER 00:10:44.100 --> 00:10:46.100 JOB. THE CLAIMANT ADMITTED SHE 00:10:53.100 --> 00:10:56.100 NEGOTIATED THE SODA CONTRACT WITH A THIRD-PARTY DISTRIBUTOR AND IT WAS HER RESPONSIBILITY TO ENSURE THE CORRECT 00:10:56.100 --> 00:10:58.100 NEGOTIATED CAUSE WAS CLEARLY OUTLINED IN THE CONTRACT WHICH SHE DID NOT DO. 00:11:02.100 --> 00:11:05.100 SINCE THE CLAIMANT RECEIVED A PRIOR WARNING NEGLIGENT CONDUCT REQUIRED AND SIGNIFICANT FINANCIAL LOSS TO THE 00:11:05.100 --> 00:11:08.100 EMPLOYER WE SHOULD REVERSE THE DECISION MISCONDUCT NO CHARGE BACK ADEQUATE 00:11:08.100 --> 00:11:10.100 EMPLOYER RESPONSE >> THE DECISION SHOULD BE AFFIRMED THE 00:11:15.100 --> 00:11:17.100 EMPLOYER ALLEGED THE CLAIMANT MADE FALSE STATEMENTS ABOUT THE PRICE OF THE 00:11:19.100 --> 00:11:21.100 PRODUCT THE CLAIMANT TESTIFIED SHE ACCURATELY CONVEYED THE PRICE OF THE 00:11:24.100 --> 00:11:27.100 NEGOTIATED IN THE CONTRACT. THE DISCREPANCY WAS CAUSED BY A REVOTE THAT WAS OUTSIDE OF HER CONTROL THE EMPLOYER 00:11:38.100 --> 00:11:41.100 HAS VAGUE ALLEGATIONS REGARDING THE MISINFORMATION AND DID NOT INCLUDE ANY INFORMATION REGARDING IN ORDER 00:11:41.100 --> 00:11:44.100 [INDISCERNIBLE] THE INFORMATION WAS ALLEGEDLY CONVEYED. THE EVIDENCE IS INSUFFICIENT TO ESTABLISH MISCONDUCT 00:11:44.100 --> 00:11:46.100 CONNECTED WITH THE WORK [INDISCERNIBLE] 00:11:51.100 --> 00:11:53.100 >> AFFIRMED NO MISCONDUCT CHARGE >> I HAVE A SHORT FORM DISSENT FROM 00:11:59.100 --> 00:12:01.100 COMMISSIONER DEMERSON. >> HOLD ON ONE SECOND, COMMISSIONERS. 00:12:10.100 --> 00:12:12.100 THIS PARTICULAR APPLICATION. IT'S 00:12:13.100 --> 00:12:16.100 PARTICULARLY SENSITIVE WHEN IT PICKS UP EVEN EXTRANEOUS NOISE THROUGH YOUR MICROPHONE IT WILL SWITCH TO YOU AS THE 00:12:17.100 --> 00:12:19.100 SPEAKER AND IT'S CREATING HAVOC BEHIND THE SCENES IN TERMS OF FEEDBACK AND 00:12:22.100 --> 00:12:24.100 OTHER STUFF. I KNOW THIS IS A LOT TO ASK BUT I THINK WE WILL HAVE TO MUTE 00:12:29.100 --> 00:12:32.100 BECAUSE I NOTICE [INDISCERNIBLE] IN THE OFFICE BEHIND ME WHERE PEOPLE ARE MOVING ABOUT THE MIC IS SWITCHING TO 00:12:37.100 --> 00:12:39.100 THAT PARTICULAR PERSON. HATE TO ASK YOU 00:12:42.100 --> 00:12:45.100 [INDISCERNIBLE] AT LEAST UNTIL WE FIGURE OUT HOW TO MANAGE THE SENSITIVITY, IT'S PROBABLY GOING TO 00:12:45.100 --> 00:12:47.100 HELP US GO SMOOTHER 00:12:48.100 --> 00:12:50.100 >> [INDISCERNIBLE] >> ARE WE READY TO PROCEED? 00:12:57.100 --> 00:12:59.100 >> PLEASE PROCEED 00:13:04.100 --> 00:13:07.100 >> BEGINNING WITH THE CASE 246-1916 >> COMMISSIONER ALVAREZ 00:13:07.100 --> 00:13:09.100 >> THE 18 SHOULD BE MODIFIED ALTHOUGH I 00:13:19.100 --> 00:13:22.100 AGREE THE CLAIMANT DID NOT ESTABLISH GOOD CAUSE FOR MISSING THE FIRST HEARING THE EVIDENCE AVAILABLE TO THE 00:13:22.100 --> 00:13:25.100 TRIBUNAL AT THE TIME OF THE FIRST HEARING ESTABLISHED THE CLAIMANT LEFT HIS TEMPORARY JOB IN OKLAHOMA TO RETURN 00:13:25.100 --> 00:13:27.100 TO TEXAS SO THAT HER TWO-YEAR-OLD SON 00:13:30.100 --> 00:13:32.100 COULD HAVE MEDICAL PROCEDURES THEREFORE 00:13:37.100 --> 00:13:40.100 THE CLAIMANT WORK SITUATION IS THE DIRECT RESULT OF THE MINOR CHILD [INDISCERNIBLE] WE SHOULD MODIFY THE NO 00:13:40.100 --> 00:13:42.100 GOOD CAUSE FOR NONAPPEARANCE AT THE [INDISCERNIBLE] NO VOLUNTARY LEAVE 00:13:45.100 --> 00:13:47.100 >> THE DECISION SHOULD BE AFFIRMED ON THE GOOD CAUSE ISSUE THE CLAIMANT 00:13:54.100 --> 00:13:57.100 INFUSION WITH THE TIME ZONE LANGUAGE ON THE HEARING NOTICE IS NOT REASONABLE AND MISREADING OF THE HEARING NOTICE 00:13:57.100 --> 00:14:00.100 DID NOT PROVIDE HER WITH GOOD CAUSE FOR NONAPPEARANCE. AS FOR JOB SEPARATION 00:14:03.100 --> 00:14:06.100 THE FACTS FIRMLY ESTABLISH THE CLAIMANT RESIGNED FROM HER POSITION SINCE THERE WAS MORE THAN TWO WEEKS LEFT IN HER JOB. 00:14:15.100 --> 00:14:18.100 THE CLAIMANT QUIT TO TAKE HER SON TO HAVE SURGERY HOWEVER THERE'S NO INDICATION REASONABLE ALTERNATIVE CARE 00:14:18.100 --> 00:14:21.100 WAS NOT AVAILABLE TO HER CHILD IN THE CLAIMANT DID NOT ASK FOR TIME OFF BEFORE QUITTING.. AS SUCH THE PROVISION 00:14:24.100 --> 00:14:27.100 SHOULD NOT APPLY TO THIS CASE BECAUSE THE CLAIMANTS JOB WAS NOT IN JEOPARDY AND SHE DID NOT TAKE REASONABLE STEPS 00:14:27.100 --> 00:14:29.100 TO PROTECT HER JOB BEFORE QUITTING WE SHOULD AFFIRM THE A-T DECISION THE 00:14:31.100 --> 00:14:34.100 CLAIMANT DID NOT HAVE GOOD CAUSE FOR NONAPPEARANCE VOLUNTARILY LEAVING >> AFFIRMED THE CLAIMANT DID NOT 00:14:38.100 --> 00:14:40.100 ESTABLISH GOOD CAUSE FOR VOLUNTARY LEAVE 00:14:42.100 --> 00:14:44.100 >> SHORT FORM DISSENT >> THANK YOU, SHORT FORM DISSENT FROM 00:14:50.100 --> 00:14:52.100 COMMISSIONER ALVAREZ >> THE NEXT CASE 246-2433 00:15:16.100 --> 00:15:19.100 >> THE A-T DECISION SHOULD BE MODIFIED WE VOTED ON GOOD CAUSE ISSUE ON DOCKET 14 AS TO THE JOB SEPARATION THE 00:15:19.100 --> 00:15:22.100 CLAIMANT WAS DISCHARGED WHEN HE WAS PLACED ON UNPAID INDEFINITE SUSPENSION RESULTED FROM ALLEGATIONS OF CLIENT 00:15:22.100 --> 00:15:25.100 ABUSE THE EMPLOYER REPORTED THE ALLEGATIONS TO THE TEXAS DEPARTMENT OF FAMILY PROTECTIVE SERVICES ALTHOUGH THE 00:15:25.100 --> 00:15:28.100 ALLEGATIONS OF ABUSE WERE STILL UNDER REVIEW, THE EMPLOYER HAD NO CHOICE BUT TO DISCHARGE THE CLAIMANT UNTIL THE 00:15:29.100 --> 00:15:31.100 INVESTIGATION WAS CONCLUDED. CANNOT 00:15:35.100 --> 00:15:38.100 REASONABLY ALLOW THE CLAIMANT TO CONTINUE WORKING WITH THE SENSE OF THE POPULATION WHILE THE INVESTIGATION IS 00:15:38.100 --> 00:15:40.100 PENDING AT THE ALLEGATIONS WERE SERIOUS IN NATURE. THE CLAIMANT SHOULD CONTINUE 00:15:51.100 --> 00:15:54.100 TO BE QUALIFIED FOR BENEFITS BUT THE EMPLOYEE SHOULD BE PROTECTED FROM CHARGE UNDER SECTION 204.022 OF THE ACT 00:15:54.100 --> 00:15:57.100 WHICH MODIFY THE A-T DECISION THE EMPLOYER HAD GOOD CAUSE FOR NONAPPEARANCE,, NO MISCONDUCT NO CHARGE 00:15:59.100 --> 00:16:01.100 BACK, SEPARATION WAS URGENT COMPELLING AND NECESSARY 00:16:04.100 --> 00:16:06.100 >> MS. MILLER, I AGREE TO COMMISSIONER 00:16:08.100 --> 00:16:10.100 DEMERSON >> I CONCUR 00:16:11.100 --> 00:16:13.100 >> WE HAVE A UNANIMOUS DECISION >> THE NEXT CASE IS 246-4757 00:16:26.100 --> 00:16:29.100 >> COMMISSIONER ALVAREZ >> THE A-T DECISION IN THIS CASE SHOULD BE MODIFIED THE TIMELINESS ISSUE I 00:16:29.100 --> 00:16:31.100 AGREE WITH THE A-T THE CLAIMANTS APPEAL SHOULD BE BECAUSE SHE ESTABLISHED THE 00:16:34.100 --> 00:16:37.100 DETERMINATION WAS DELIVERED TO HER LATE. ON THE MERITS OF THE CLAIM AND ESTABLISH THAT SHE SHOULD BE GRANTED AN 00:16:38.100 --> 00:16:40.100 ALTERNATE BASE PERIOD SHE FOLLOWED HER 00:16:42.100 --> 00:16:44.100 ICY ON [INDISCERNIBLE] THE CLAIMANT HAD 00:16:47.100 --> 00:16:49.100 A HYSTERECTOMY ON 227 19 FOR WHICH SHE HAD MISSED WORK FOR A NUMBER WEEKS. THE 00:16:55.100 --> 00:16:58.100 MEDICAL CONDITION THAT PARTICIPATED THE HYSTERECTOMY AROSE IN 2019 WHICH WAS WELL WITHIN THE 24 MONTHS BEFORE SHE 00:16:59.100 --> 00:17:01.100 FILED. THE CLAIM AND ESTABLISH THE 00:17:02.100 --> 00:17:04.100 CONDITION TO RECEIVING ALTERNATE BASE 00:17:05.100 --> 00:17:07.100 PERIOD MODIFIED THE CLAIM APPEAL AT THE 00:17:10.100 --> 00:17:12.100 A-T GRANT THE ALTERNATE BASE PERIOD AND SEND A MEMO TO [INDISCERNIBLE] TO 00:17:13.100 --> 00:17:15.100 MODIFY COMMISSION RECORDS PAYMENT REQUEST MADE UNDER THE INITIAL CLAIM 00:17:19.100 --> 00:17:21.100 DATE ARE FILED UNDER [INDISCERNIBLE] >> THE RECORD IS INCOMPLETE ON THE 00:17:29.100 --> 00:17:31.100 ISSUE OF WHETHER THE CLAIMANT QUALIFIES TO USE AN ALTERNATIVE BASE PERIOD FOR 00:17:34.100 --> 00:17:37.100 HER INITIAL CLAIM.. WE AGREE THE CLAIMANT APPEAL SHOULD BE HELD TIMELY 00:17:37.100 --> 00:17:39.100 BECAUSE IT INVOLVES THE VALIDITY OF THE 00:17:41.100 --> 00:17:43.100 CLAIM ISSUE. REGARDING THE ALTERNATE BASE PERIOD ISSUE, THE STATUTE PROVIDES 00:17:44.100 --> 00:17:46.100 THE RELEVANT DATE IS THE DATE ON WHICH 00:17:49.100 --> 00:17:52.100 THE ILLNESS BEGAN. OR THE INJURY OCCURRED IT'S NOT CLEAR WHETHER THE CLAIMANT WAS ASKED THE PRIOR PROPER 00:18:06.100 --> 00:18:09.100 QUESTIONS ARE GIVEN AN OPPORTUNITY TO ADDRESS THE ISSUES OF WHEN HER MEDICAL CONDITION BECAME SO SERIOUS SHE WAS 00:18:09.100 --> 00:18:12.100 RENDERED UNABLE TO WORK WHEN THAT SECTION OF THE LAW WAS ADOPTED THE INTENT WAS TO ALLOW AN ALTERNATIVE BASE 00:18:12.100 --> 00:18:15.100 PERIOD FOR CLAIMANT HIS MEDICAL CONDITION DUE TO AN ILLNESS OR INJURY GOT TO THE POINT THE CLAIMANT COULD NO 00:18:15.100 --> 00:18:17.100 LONGER WORK. THE DATE IS EASIER TO DISCERN [INDISCERNIBLE] THE DATE OF 00:18:23.100 --> 00:18:25.100 OCTOBER 1, 2017 SEEMS ARBITRARY AND WITHOUT BASIS IN DOCUMENTATION ALTHOUGH 00:18:27.100 --> 00:18:29.100 THE CLAIMANT, HAS MADE INCREDIBLE CLAIM 00:18:34.100 --> 00:18:37.100 OF FINANCIAL INABILITY TO PAY FOR DOCUMENTATION THE DOCUMENTATION THAT EXISTS POINTS IN THE DIRECTION OF A 00:18:37.100 --> 00:18:40.100 SERIOUS MEDICAL CONDITION THAT PREVENTED FURTHER WORK SOMETIME BETWEEN OCTOBER 2017 AND JANUARY IS 2018 THE 00:18:45.100 --> 00:18:47.100 DATE OF HER LAYOFF. WE SHOULD REHEAR 00:18:49.100 --> 00:18:52.100 THIS CASE AND OBTAIN ANY RELEVANT DOCUMENTATION THAT EXISTS INCLUDING WHATEVER DOCUMENTATION WAS USED TO 00:18:52.100 --> 00:18:54.100 SUPPORT THE CLAIMANT IN 2020. >> MODIFY CLAIM OF APPEAL 00:19:05.100 --> 00:19:07.100 [INDISCERNIBLE] >> I HAVE A MAJORITY VOTE, TIMELY 00:19:16.100 --> 00:19:18.100 APPEAL, GRANT THE REQUEST FOR THE 00:19:20.100 --> 00:19:23.100 ALTERNATE BASE PERIOD, COMMISSIONER DEMERSON SHORT FORM DISSENT >> THANK YOU 00:19:23.100 --> 00:19:25.100 >> THE NEXT CASE IS 246-5575, 00:19:26.100 --> 00:19:28.100 COMMISSIONER ALVAREZ >> THE A-T TO DECISION ON THE ISSUE IS 00:19:36.100 --> 00:19:38.100 NOT SUPPORTABLE. THE CLAIMANT WAS 00:19:39.100 --> 00:19:41.100 UNABLE TO PARTICIPATE IN THE HEARING BECAUSE HER FATHER WHO LIVES WITH THE 00:19:42.100 --> 00:19:45.100 CLAIMANT. AND HAS ALZHEIMER'S DISEASE MISPLACED OR NOTICE OF HEARING THE 00:19:47.100 --> 00:19:49.100 CLAIMANT DID NOT KNOW WHAT TIME TO CALL 00:19:51.100 --> 00:19:53.100 FOR THE HEARING. THE CLAIMANT WAS UNABLE TO PARTICIPATE DUE TO 00:19:56.100 --> 00:19:58.100 CIRCUMSTANCES BEYOND HER CONTROL.. SHE 00:20:05.100 --> 00:20:08.100 HAD GOOD CAUSE FOR NONAPPEARANCE IN HER PETITION TO REOPEN SHOULD BE GRANTED REVERSE TO THE CLAIMANT HAD GOOD CAUSE 00:20:08.100 --> 00:20:11.100 FOR NONAPPEARANCE AND RESUBMIT ON MERITS >> COMMISSIONER DEMERSON, I CAN'T HEAR 00:20:21.100 --> 00:20:23.100 YOU >> THE DECISION SHOULD BE REAFFIRMED. 00:20:34.100 --> 00:20:37.100 SINCE THE CLAIMANT DID NOT TAKE REASONABLE STEPS FOR HEARING NOTICE TO NOT ESTABLISH GOOD CAUSE FOR 00:20:37.100 --> 00:20:39.100 NONAPPEARANCE AS TO THE JOB SEPARATION THE CLAIMANT INCESSANT AT ATTENDANCE 00:20:40.100 --> 00:20:42.100 ISSUES DURING A 90 DAY PERIOD CONSTITUTE MISMANAGEMENT OF HER 00:20:43.100 --> 00:20:46.100 POSITION OF EMPLOYMENT I WISH TO AFFIRM THE DECISION THE CLAIMANT DID NOT HAVE 00:20:46.100 --> 00:20:49.100 GOOD CAUSE FOR NONAPPEARANCE OF MISCONDUCT FOR THE CHARGEBACK RULING 00:20:49.100 --> 00:20:51.100 >> REVERSE [INDISCERNIBLE] >> THE MAJORITY VOTE, THE CLAIM AND 00:21:03.100 --> 00:21:06.100 ESTABLISH GOOD CAUSE AND THE CASE WILL BE RESUBMITTED >> THE NEXT CASE IS 246-5817, 00:21:10.100 --> 00:21:12.100 COMMISSIONER DEMERSON 00:21:13.100 --> 00:21:15.100 >> [INDISCERNIBLE] DECISION IS NOT 00:21:16.100 --> 00:21:18.100 SUPPORTABLE ON THE GOOD CAUSE ISSUE THE 00:21:20.100 --> 00:21:22.100 HEARING OFFICER REPLAYED THE RECORDING FOR THE EMPLOYER AT THE END IT 00:21:25.100 --> 00:21:27.100 ESTABLISHES THE RECEPTIONIST TO RECEIVE THE CALL DID NOT HEAR THE HEARING 00:21:28.100 --> 00:21:30.100 OFFICER AS FOR THE EMPLOYER 00:21:38.100 --> 00:21:41.100 [INDISCERNIBLE] IN ADDITION THE STATEMENT FROM THE RECEPTIONIST INDICATES THE EMPLOYERS IDENTIFIED BY 00:21:41.100 --> 00:21:44.100 HER LAST NAME AND THE HEARING OFFICER DID NOT STATE WHERE THE CALL WAS COMING FROM. UNDERSTANDABLY THE RECEPTIONIST 00:21:44.100 --> 00:21:46.100 WAS CONFUSED AND THOUGHT SOMEONE CALLED 00:21:47.100 --> 00:21:49.100 THE WRONG NUMBER. THE CIRCUMSTANCES RISE TO THE LEVEL OF THE EMPLOYER BEING 00:21:51.100 --> 00:21:53.100 UNDER ABLE TO PARTICIPATE DUE TO 00:21:57.100 --> 00:22:00.100 CIRCUMSTANCES BEYOND ITS CONTROL AND WE SHOULD FIND THE EMPLOYER HAD GOOD CAUSE FOR NONAPPEARANCE AND RESUBMIT THE CASE 00:22:00.100 --> 00:22:02.100 FOR TESTIMONY >> THE DECISION SHOULD BE AFFIRMED WITH 00:22:15.100 --> 00:22:18.100 REGARD TO THE GOOD CAUSE ISSUE THE HEARING OFFICER CONTACTED THE EMPLOYER AT THE NUMBER PROVIDED THE EMPLOYER'S 00:22:18.100 --> 00:22:21.100 RECEPTIONIST TOLD THE HEARING OFFICER THE PERSON HE WAS ASKING FOR WAS NOT AVAILABLE AT THAT NUMBER. RECEPTIONIST 00:22:21.100 --> 00:22:23.100 THAT A CALL WAS EXPECTED. WAS A CURRENT 00:22:34.100 --> 00:22:37.100 CIRCUMSTANCE WITHIN THE EMPLOYER'S CONTROL AND THE EMPLOYER'S FAILURE TO DO SO DOES NOT ESTABLISH GOOD CAUSE FOR 00:22:37.100 --> 00:22:40.100 NONAPPEARANCE WITH REGARD TO THE UNDERLYING JOB SEPARATION THE CLAIMANTS HOURS WERE REDUCED WHICH RESULTED IN 40 00:22:40.100 --> 00:22:42.100 PERCENT REDUCTION IN TAKE-HOME PAY THE 00:22:44.100 --> 00:22:47.100 EMPLOYER STATEMENTS INDICATED THE REDUCTION WAS DUE TO A SLOWDOWN IN THE EMPLOYER BUSINESS NOT DUE TO ANY 00:22:47.100 --> 00:22:50.100 MISCONDUCT ON HER PART THE CLAIMANT HAD GOOD CAUSE CONNECTED WITH THE WORK ON HER WAGES WERE REDUCED IN EXCESS OF 20 00:22:51.100 --> 00:22:54.100 PERCENT NO GOOD CAUSE FOR EMPLOYER NONAPPEARANCE AND NONVOLUNTARY 00:22:54.100 --> 00:22:56.100 >> FROM THE A-T EMPLOYER DID NOT 00:23:02.100 --> 00:23:04.100 SERVICE REQUESTS [INDISCERNIBLE] 00:23:06.100 --> 00:23:08.100 >> SHORT FORM CONSENT >> I HAVE A SHORT FORM DISSENT FROM 00:23:10.100 --> 00:23:12.100 COMMISSIONER DEMERSON >> 24658 31, COMMISSIONER DEMERSON 00:23:19.100 --> 00:23:21.100 >> [INDISCERNIBLE] SHOULD BE AFFIRMED 00:23:34.100 --> 00:23:37.100 WHILE THE CLAIMANT MAY HAVE STATED SHE RECEIVED A DETERMINATION LATE DUE TO PROBLEMS WITH HER MAIL SHE ALSO STATED 00:23:37.100 --> 00:23:40.100 THREE OTHER PEOPLE CHECK THE MAIL EVERY DAY. THE CLAIMANT DID NOT STATE SHE ASKED THESE INDIVIDUALS WHETHER THE 00:23:40.100 --> 00:23:43.100 DETERMINATION HAVE BEEN RECEIVED TO APPEAL. IN ADDITION THE CLAIMANTS TESTIMONY WAS INCONSISTENT SHE FIRST 00:23:43.100 --> 00:23:45.100 TESTIFIED SHE READ THE DETERMINATION 00:23:46.100 --> 00:23:49.100 UPON RECEIPT HOWEVER LATER WHEN THE QUESTION ABOUT TESTIMONY RELATED TO A 00:23:51.100 --> 00:23:53.100 30 DAY DEADLINE THE CLAIMANT ADMITTED 00:24:04.100 --> 00:24:07.100 SHE DID NOT READ THE INFORMATION. THE CLAIMANTS TESTIMONY DOES NOT ESTABLISH CREDIBLE AND PERSUASIVE EVIDENCE OF 00:24:07.100 --> 00:24:10.100 NONRECEIPT IT WE SHOULD AFFIRM THE DECISION. UNTIMELY PAYMENT APPEAL MISCONDUCT NO CHARGEBACK 00:24:10.100 --> 00:24:12.100 >> THE A-T DECISION IS NOT SUPPORTABLE.. 00:24:25.100 --> 00:24:28.100 THE CLAIMANT GAVE ON CONTOURED TESTIMONY OF DELAYED RECEIPT DETERMINATION ALTHOUGH THE CLAIMANT HAS 00:24:28.100 --> 00:24:31.100 ROOMMATES WHO CHECKED THE MAIL MAIL IS CHECKED DAILY AND THERE IS A CLEAR ROUTINE TO ENSURE EVERYONE RECEIVES 00:24:31.100 --> 00:24:33.100 MAIL AFTER IT'S DELIVERED. BECAUSE OF THE DETERMINATION WAS DELIVERED AFTER 00:24:34.100 --> 00:24:36.100 THE APPEAL DEADLINE THE CLAIMANTS APPEAL SHOULD BE [INDISCERNIBLE] THE 00:24:38.100 --> 00:24:40.100 CLAIMANTS APPEAL TIMELY FOR MERITS 00:24:41.100 --> 00:24:44.100 TESTIMONY >> REVERSE THE A-T TIMELY APPEAL >> [INDISCERNIBLE] WE HAVE A MAJORITY 00:24:53.100 --> 00:24:55.100 OF VOTE THAT THE APPEAL IS TIMELY THE 00:25:01.100 --> 00:25:04.100 CASE WILL BE REMANDED TO [INDISCERNIBLE] AND SHORT FORM DISSENT FROM COMMISSIONER DEMERSON 00:25:04.100 --> 00:25:06.100 >> 246-7646 COMMISSIONER DEMERSON 00:25:09.100 --> 00:25:11.100 >> THE TRIBUNAL DECISION SHOULD BE 00:25:12.100 --> 00:25:14.100 REVERSED. THE EMPLOYER WAS SHOWN TEXT 00:25:23.100 --> 00:25:26.100 MESSAGES FROM THE CLAIMANT WHICH WERE THREATENING TOWARD A COWORKER AND LACED WITH PROFANITY THE CLAIMANT ADMITTED TO 00:25:26.100 --> 00:25:29.100 MAKING STATEMENTS IN THE TEXT MESSAGES BUT STATED THEY WERE SENT BEFORE THE EMPLOYER ASKED HER TO STOP DISCUSSING 00:25:29.100 --> 00:25:31.100 AN ALTERCATION SHE HAD WITH A COWORKER. 00:25:38.100 --> 00:25:41.100 EVEN IF THIS WERE TRUE THE EVIDENCE INDICATES THE EMPLOYER DID NOT KNOW ABOUT THE TEXT MESSAGES BEFORE SPEAKING 00:25:41.100 --> 00:25:44.100 WITH THE CLAIMANT THE FACT THAT THE TEXT MESSAGES SURFACED AFTER THE CLAIMANT WAS SPOKEN TO WAS NOT THIS 00:25:47.100 --> 00:25:50.100 MANNISH THE SEVERITY AS SUCH THE CLAIMANTS ACTIONS CONSTITUTE A WORK MISCONDUCT WE SHOULD THEREFORE REVERSE 00:25:50.100 --> 00:25:52.100 THE DECISION MISCONDUCT NO CHARGEBACK 00:25:54.100 --> 00:25:56.100 ADEQUATE EMPLOYER RESPONSE. THE 00:26:03.100 --> 00:26:06.100 ALTERNATIVE SINCE THE EMPLOYER TESTIFIED IT COULD ATTEMPT TO GET THE TEXT MESSAGES IN QUESTION WE COULD HOLD 00:26:06.100 --> 00:26:09.100 A REHEARING TO ALLOW THE EMPLOYER TO SUBMIT THE TEXT MESSAGES TO THE COMMISSION FOR REVIEW 00:26:09.100 --> 00:26:11.100 >> THE A-T DECISION SHOULD BE AFFIRMED. 00:26:14.100 --> 00:26:17.100 AFTER A CONFRONTATION WITH THE [INDISCERNIBLE] THE CLAIMANT SENT TEXT MESSAGES TO A DIFFERENT COWORKER 00:26:18.100 --> 00:26:20.100 COMPLAINING ABOUT THE INCIDENT. THE 00:26:36.100 --> 00:26:39.100 CLAIMANT SENT THESE MESSAGES ON HER OWN PERSONAL TIME AND BEFORE SHE WAS INSTRUCTED BY MANAGEMENT TO SEIZE 00:26:39.100 --> 00:26:42.100 COMMUNICATION ABOUT THE CONFRONTATION. CORRECTIONS DID NOT RISE TO THE LEVEL OF MISCONDUCT AND A REHEARING SHOULD 00:26:42.100 --> 00:26:45.100 NOT BE GRANTED TO OBTAIN THE RELEVANT TEXT MESSAGES AT ISSUE IN THIS CASE THE EMPLOYER HAD THE OPPORTUNITY TO OFFER 00:26:45.100 --> 00:26:48.100 THIS EVIDENCE FOR THE A-T HEARING. BUT CHOSE NOT TO COME FROM THE A-T, NO MISCONDUCT CHARGEBACK 00:26:48.100 --> 00:26:50.100 >> REHEAR IT TO GET THE TEXT MESSAGES >> WE HAVE MAJORITY VOTE TO REHEAR THE 00:26:57.100 --> 00:26:59.100 CASE AND WE WILL SUBMIT AFTER THE 00:27:01.100 --> 00:27:04.100 HEARING >> 246 8770 COMMISSIONER ALVAREZ >> THE A-T DECISION IN THIS CASE SHOULD 00:27:13.100 --> 00:27:15.100 BE SET ASIDE THE CLAIMANT WAS THE 00:27:20.100 --> 00:27:23.100 VICTIM OF IDENTITY THEFT AND AS A RESULT WAGE CREDITS WERE REPORTED AS PAID TO THE CLAIMANT THAT SHE DID NOT 00:27:23.100 --> 00:27:25.100 EARN FROM THE EMPLOYER SHE NEVER WORKED FOR.. THE COMMISSION HELD THE CLAIMANT 00:27:28.100 --> 00:27:31.100 COMMITTED FRAUD BECAUSE HE DID NOT NOTIFY [INDISCERNIBLE] OF THE CORRECT WAGES THE CLAIMANT DID NOT NOTIFY OF 00:27:35.100 --> 00:27:37.100 INCORRECT WAGES BECAUSE HE DID NOT READ THROUGH THE STATEMENT BENEFITS IT TO 00:27:38.100 --> 00:27:40.100 HIM. THE BENEFIT AMOUNT WAS NOT 00:27:45.100 --> 00:27:48.100 INCREASED DUE TO THE INCORRECT WAGE CREDITS AND THE CLAIMANT NEVER RECEIVED ANY BENEFITS HE WAS NOT ENTITLED TO 00:27:48.100 --> 00:27:50.100 RECEIVE BASED ON HIS ACTUAL WAGE CREDITS.. THERE IS NO BASIS FOR THE 00:27:52.100 --> 00:27:54.100 COMMISSION TO RULE THE CLAIMANT FORFEITED HIS RIGHT TO BENEFITS THE 00:27:56.100 --> 00:27:58.100 FRAUD AND OVERPAYMENT IN THIS CASE 00:28:00.100 --> 00:28:02.100 SHOULD BE HELD AS VOID FROM EXCEPTION SET ASIDE THE DECISION AVOID THE FRAUD 00:28:04.100 --> 00:28:07.100 AND OVERPAYMENT. SINCE THE INCORRECT WAGES STILL APPEAR AS PART OF THE 00:28:07.100 --> 00:28:09.100 CLAIMANTS INITIAL CLAIM A MEMO SHOULD BE SENT TO YOU IL TO REMOVE THE 00:28:12.100 --> 00:28:14.100 INCORRECT WAGES ON THE CLAIM >>. THE A-T DECISION SHOULD BE AFFIRMED 00:28:32.100 --> 00:28:35.100 THE CLAIMANT BY THE LATE APPEAL ON THE ISSUE DETERMINATION NO VALID EXCEPTION TO THE APPEAL DEADLINE APPLIES TO THE 00:28:35.100 --> 00:28:38.100 LATE APPEAL THE UNDERLYING FRAUD RULING APPEARS TO BE IN ORDER SINCE EVEN IF THE CLAIMANTS IDENTITY HAD BEEN STOLEN 00:28:38.100 --> 00:28:40.100 HE HAD NO EXCUSE TO NOT INFORM AT THE 00:28:41.100 --> 00:28:43.100 BEGINNING OF HIS CLAIM THAT THE WAGES THAT WERE ALLEGEDLY NOT HIS HAD NOT 00:28:45.100 --> 00:28:47.100 BEEN EARNED BY HIM. WE SHOULD AFFIRM 00:28:48.100 --> 00:28:51.100 A-T DECISION CLAIMANT FILED A LATE APPEAL FRAUD OVERPAYMENT >> [INDISCERNIBLE] IDENTITY THEFT 00:29:03.100 --> 00:29:05.100 ALLEGATIONS >> WE HAVE NOT ACHIEVED A MAJORITY VOTE 00:29:06.100 --> 00:29:09.100 >> I AGREE WITH THE CHAIRMAN IS DECISION >> WE HAVE A MAJORITY VOTE TO RESUBMIT 00:29:13.100 --> 00:29:16.100 THE CASE AFTER RAIN INVESTIGATION OF THE ID THEFT ALLEGATIONS >> THANK YOU 00:29:18.100 --> 00:29:21.100 >> UNANIMOUS >> 247-0859 COMMISSIONER ALVAREZ >> THE DECISION SHOULD BE REVERSED THE 00:29:34.100 --> 00:29:37.100 CLAIM AND ASKED TO LEAVE WORK EARLY BECAUSE HER MINOR CHILD BROKE HIS ARM THE EMPLOYER RESPONDED BY TELLING THE 00:29:37.100 --> 00:29:39.100 CLAIMANT HE WASN'T DEPENDABLE TAKING 00:29:40.100 --> 00:29:42.100 HER KEY AND REMOVING HER FROM THE SCHEDULE. WHILE THE EMPLOYER DID NOT 00:29:44.100 --> 00:29:46.100 STATE THAT THE CLAIMANT WAS FIRED THE 00:29:47.100 --> 00:29:50.100 EMPLOYER'S ACTIONS OF TAKING THE CLAIMANTS KEY AND REMOVING HER FROM THE SCHEDULE DID NOT REQUIRE 00:29:53.100 --> 00:29:55.100 [INDISCERNIBLE]. AS THE CLAIMANT WAS 00:30:05.100 --> 00:30:08.100 SEPARATED DUE TO THE [INDISCERNIBLE] ILLNESS OR INJURY OF HER MINOR CHILD THE CLAIMANT SHOULD BE QUALIFY FOR 00:30:08.100 --> 00:30:11.100 BENEFITS REVERSE THE A-T DECISION NO MISCONDUCT AND [INDISCERNIBLE] >> THE APPEAL TO RENDER A DECISION 00:30:15.100 --> 00:30:18.100 SHOULD BE AFFIRMED THE CLAIMANT STATED IN FACT-FINDING THAT SHE WAS ASKED FOR A KEY TO THE BUSINESS ASSUME SHE WAS 00:30:18.100 --> 00:30:20.100 FINE AND WALKED OUT THEREAFTER. THE CLAIMANT FURTHER DISCUSS THE 00:30:21.100 --> 00:30:23.100 FACT-FINDING THAT NEVER STATED SHE WAS 00:30:25.100 --> 00:30:27.100 FIRED THE CLAIMANT FAILED TO CLARIFY HER JOB STATUS AND ASSUMED SHE WAS FIRED 00:30:30.100 --> 00:30:33.100 [INDISCERNIBLE] GOOD CAUSE WE SHOULD AFFIRM THE DECISION VOLUNTARY LEAVE >> AFFIRM THE A-T VOLUNTARY LEAVING 00:30:33.100 --> 00:30:35.100 >> AFFIRM DISSENT >> I HAVE A SHORT FORM DISSENT FOR 00:30:44.100 --> 00:30:47.100 COMMISSIONER ALVAREZ >> 247-2042, COMMISSIONER ALVAREZ >> THE A-T DECISION SHOULD BE MODIFIED 00:30:57.100 --> 00:30:59.100 THE CLAIMANT WAS DISCHARGED WHILE OUT 00:31:02.100 --> 00:31:04.100 ON [INDISCERNIBLE] THE EMPLOYER 00:31:09.100 --> 00:31:12.100 DISCHARGED THE CLAIMANT BECAUSE THEY DID NOT RECEIVE MEDICAL DOCUMENTATION PRIOR TO EXTEND THE LEAVE BY 00:31:12.100 --> 00:31:14.100 [INDISCERNIBLE] DEADLINE HOWEVER THE CLAIMANT MADE EXTENSIVE EFFORTS 00:31:16.100 --> 00:31:18.100 [INDISCERNIBLE] TO GET TO HER DOCTOR'S 00:31:19.100 --> 00:31:21.100 OFFICE TO SEND THE REQUIRED MEDICAL PAPERWORK TO THE EMPLOYER BUT THE 00:31:23.100 --> 00:31:25.100 DOCTORS OFFICE HAD. DROPPED THE BALL 00:31:28.100 --> 00:31:31.100 THE CLAIMANT KEPT FOLLOWING UP WITH THE DOCTOR'S OFFICE TO ENSURE THEY WOULD SEND THE PAPERWORK TO HER EMPLOYER BY 00:31:33.100 --> 00:31:36.100 THE GIVEN DEADLINES. THE DOCTORS OFTEN CONSISTENTLY REASSURE THE CLAIMANT THEY WOULD SEND THE INFORMATION TO THE 00:31:37.100 --> 00:31:39.100 EMPLOYER. HOWEVER THEY NEVER DID SEND 00:31:42.100 --> 00:31:44.100 IT. THE CLAIMANT TOOK REASONABLE STEPS 00:31:50.100 --> 00:31:53.100 TO TRY TO PROTECT HER JOB AND DID NOT COMMIT MISCONDUCT THEREFORE WE SHOULD MODIFY NO MISCONDUCT NO CHARGEBACK 00:31:53.100 --> 00:31:56.100 SEPARATION DUE TO MEDICAL [INDISCERNIBLE] >> THE APPEAL TO RENDER A DECISION 00:31:58.100 --> 00:32:00.100 SHOULD BE AFFIRM THE CLAIMANT DID NOT 00:32:02.100 --> 00:32:04.100 ENSURE THE DOCUMENTATION REQUESTED BY THE EMPLOYER ARRIVED IN A TIMELY MANNER. 00:32:15.100 --> 00:32:18.100 THE CLAIMANT COULD HAVE CALLED THE EMPLOYER TO CONFIRM DOCUMENTATION WAS RECEIVED BUT SHE DID NOT DO SO AS SUCH 00:32:18.100 --> 00:32:21.100 SHE FAILED TO COMPLY WITH THE REASONABLE REQUEST TO AFFIRM THE A-T DECISION MISCONDUCT BY NO CHARGEBACK 00:32:21.100 --> 00:32:23.100 >> MODIFY THE A-T NO MISCONDUCT NO 00:32:27.100 --> 00:32:30.100 CHARGEBACK >> SHORT FORM >> I HAVE A SHORT FORM DISSENT FROM 00:32:36.100 --> 00:32:38.100 COMMISSIONER DEMERSON. SHOULD I MARK THAT AS A DISSENT TO THE SEPARATION 00:32:40.100 --> 00:32:43.100 ISSUE? >> YES >> THANK YOU 00:32:43.100 --> 00:32:45.100 >> 247-3140 00:32:57.100 --> 00:33:00.100 >> COMMISSIONER DEMERSON >> THE APPEAL TO RENDER A DECISION SHOULD BE MODIFIED I AGREE THE EMPLOYER 00:33:00.100 --> 00:33:02.100 FILED A TIMELY APPEAL AS TO THE LATE PROTEST ISSUE THE APPEAL STATED THE 00:33:03.100 --> 00:33:05.100 TESTIMONY IS UNCLEAR AND UNCERTAIN ABOUT THE CERTAIN ASPECTS OF THE 00:33:07.100 --> 00:33:09.100 BUSINESS OPERATIONS HOWEVER IT WAS VERY 00:33:10.100 --> 00:33:12.100 CLEAR THE REPORTER CONSISTENTLY STATED 00:33:16.100 --> 00:33:19.100 THEY NEVER RECEIVED THE NOTICE OF APPLICATION FOR BENEFIT THE LAST DAY FOR A TIMELY RESPONSE WAS DECEMBER 27, 00:33:19.100 --> 00:33:21.100 2017 WHICH WE CAN TAKE ADMINISTRATIVE NOTICE WAS ON A WEDNESDAY THE EMPLOYER 00:33:27.100 --> 00:33:30.100 WITNESS TESTIFIED THE EMPLOYER WOULD HAVE BEEN OPEN THAT DAY AND THE SECRETARY CHECKED THE MAIL EVERY 00:33:30.100 --> 00:33:32.100 WEEKDAY. WE ASK WHETHER THE SECRETARY RECEIVED THE NOTICE THE EMPLOYER 00:33:34.100 --> 00:33:36.100 WITNESS THE MANAGER STATED NO THEY 00:33:37.100 --> 00:33:39.100 NEVER GOT THAT. AS SUCH THE EMPLOYER 00:33:42.100 --> 00:33:44.100 HAS PRESENTED PERSUASIVE EVIDENCE OF NONRECEIPT AND WE SHOULD FIND THE 00:33:45.100 --> 00:33:47.100 EMPLOYER PROTEST WAS TIMELY. WE SHOULD 00:33:49.100 --> 00:33:52.100 MODIFY THE A-T DECISION TIMELY EMPLOYER APPEAL THE EMPLOYER FILED A TIMELY PROTEST RESUBMIT FOR MERIT TESTIMONY. 00:33:56.100 --> 00:33:58.100 THE ALTERNATIVE WE COULD CONDUCT A 00:33:59.100 --> 00:34:02.100 REHEARING TOGETHER TESTIMONY FOR THE SECRETARY REPORTING TO THE EMPLOYEE 00:34:02.100 --> 00:34:04.100 TESTIMONY CHECKING THE MAIL EVERY DAY >> THE A-T DECISION SHOULD BE AFFIRMED 00:34:21.100 --> 00:34:24.100 I AGREE THE EMPLOYER FOUND THE TIMELY APPEAL TO THE LATE PROTEST TERMINATION WITH REGARD TO THE TIMELINESS OF THE 00:34:24.100 --> 00:34:27.100 PROTEST THE EMPLOYER FAILED TO PROVIDE SWORN TESTIMONY FROM THE INDIVIDUAL TO RECEIVE THE MAIL.. THE EMPLOYER 00:34:33.100 --> 00:34:36.100 WITNESSES PROVIDED INCONSISTENT TESTIMONY REGARDING WHETHER EMPLOYEES WERE WORKING AT THE TIME IN QUESTION 00:34:36.100 --> 00:34:39.100 THE MANAGERS ORIGINAL STATEMENT FROM THE COMMISSION WAS THE EMPLOYER FACILITIES WERE CLOSED FOR THE HOLIDAYS. 00:34:45.100 --> 00:34:48.100 A NOTICE OF INITIAL CLAIMANT MAILED TO THE CORRECT ADDRESS OF RECORD THE EMPLOYER FAILED TO PROVIDE PERSUASIVE 00:34:48.100 --> 00:34:50.100 TESTIMONY ABOUT THE PRESUMPTION OF 00:34:51.100 --> 00:34:54.100 RECEIPT. AFFIRM THE APPEAL, LATE PROTEST NO MISCONDUCT CHARGE 00:34:54.100 --> 00:34:56.100 >> MODIFY THE A-T TIMELY APPEAL RESUBMIT 00:35:05.100 --> 00:35:07.100 >> THANK YOU WE HAVE A MAJORITY VOTE 00:35:09.100 --> 00:35:12.100 AND THE CASE WILL BE RESUBMITTED ON THE MERITS OF THE SEPARATION >> 247-3182 COMMISSIONER DEMERSON 00:35:12.100 --> 00:35:14.100 >> THE APPEAL SHOULD BE REVERSED THE 00:35:24.100 --> 00:35:26.100 CLAIMANT QUIT DUE TO DISSATISFACTION WITH THE WORK ENVIRONMENT THE CLAIMANT 00:35:27.100 --> 00:35:29.100 COMPLAINED TO HER MANAGER. HOWEVER WHEN 00:35:34.100 --> 00:35:37.100 THE MANAGER QUIT SHORTLY THEREAFTER THE CLAIMANT DID NOT ESCALATE HER CONCERNS TO THE HR DEPARTMENT BUT CONTINUED HER 00:35:37.100 --> 00:35:39.100 EMPLOYMENT FOR MULTIPLE MONTHS BEFORE RESIGNING WHILE THE CLAIMANT DESCRIBED 00:35:46.100 --> 00:35:49.100 UNCOMFORTABLE INTERACTIONS WITH HER SUPERVISOR THAT TOOK PLACE SHE DID NOT TAKE HER ISSUES TO HR AND THEREFORE 00:35:49.100 --> 00:35:51.100 FAILED TO ALLOW THE EMPLOYER ADEQUATE REMEDY FOR HER CONCERNS WE SHOULD 00:35:54.100 --> 00:35:57.100 THEREFORE REVERSE THE DECISION VOLUNTARY LEAVING NO CHARGEBACK 00:35:57.100 --> 00:35:59.100 ADEQUATE EMPLOYER RESPONSE >> THE DECISION SHOULD BE AFFIRMED THE 00:36:05.100 --> 00:36:07.100 CLAIMANT AND COWORKER TESTIFIED TO THE 00:36:10.100 --> 00:36:13.100 ABUSIVE MANNER IN WHICH THE CLAIMANT WAS TREATED BY HER SUPERVISOR THE CLAIMANT AND A COWORKER TESTIFIED THEY 00:36:19.100 --> 00:36:22.100 HAD COMPLAINED THAT MULTIPLE LEVELS OF MANAGEMENT INCLUDING THE CEO ABOUT THE ABUSIVE TREATMENT. THE SUPERVISOR WROTE 00:36:22.100 --> 00:36:24.100 A CLAIM FOR THE DISCIPLINARY ACTION 00:36:27.100 --> 00:36:29.100 AFTER THE CLAIMANT COMPLAINED AFTER INITIALLY BEING INVASIVE THE HR 00:36:31.100 --> 00:36:33.100 DIRECTOR ADMITTED THE CEO HAD MADE THE HR DIRECTOR AWARE OF THE CLAIMANT 00:36:36.100 --> 00:36:38.100 COMPLAINS. CONSISTENT WITH THE APPEAL 00:36:39.100 --> 00:36:41.100 NUMBER 1089 CA 72 AN APPEAL NUMBER 288 00:36:45.100 --> 00:36:47.100 CA 76, THE CLAIMANT HAD GOOD CAUSE TO 00:36:50.100 --> 00:36:52.100 QUIT WHEN SHE CONTINUED. WHEN HER 00:36:56.100 --> 00:36:59.100 CONTINUED COMPLAINTS ABOUT HER ABUSIVE SUPERVISOR WERE UNRESOLVED AFFIRM THE A-T NO VOLUNTARY LEAVING CHARGEBACK 00:36:59.100 --> 00:37:01.100 >> AFFIRM THE A-T NO VOLUNTARY LEAVING 00:37:08.100 --> 00:37:10.100 CHARGEBACK >> SHORT FORM DISSENT 00:37:12.100 --> 00:37:15.100 >> I HAVE A SHORT FORM DISSENT FROM COMMISSIONER DEMERSON >> 247-3235 COMMISSIONER DEMERSON 00:37:21.100 --> 00:37:23.100 >> THE APPEAL SHOULD BE REVERSED. THE 00:37:25.100 --> 00:37:27.100 EMPLOYER REPRESENTED PHOTOGRAPHIC 00:37:29.100 --> 00:37:31.100 EVIDENCE THAT [INDISCERNIBLE] BY TAKING 00:37:39.100 --> 00:37:42.100 EXCESSIVE LUNCH BREAKS EVEN IF THE CLAIMANT FACT-FINDING STATEMENT IS TO BE BELIEVED THAT HE WAS GIVEN 00:37:42.100 --> 00:37:45.100 PERMISSION TO TAKE LUNCH 10 MINUTES EARLY HE STILL VIOLATED THE EMPLOYER POLICIES SINCE THE PHOTOGRAPHS 00:37:45.100 --> 00:37:48.100 ESTABLISH HIS LUNCH BREAK. WERE IN EXCESS OF WHAT WAS ALLOWED EVEN WHEN 00:37:48.100 --> 00:37:50.100 THE ALLEGED EXTRA TIME FACTORED IN THE CLAIMANT ADMITTED IN TESTIMONY THAT 00:37:51.100 --> 00:37:53.100 PICTURES APPEAR TO SHOW HIS JACKET AS 00:37:55.100 --> 00:37:57.100 SUCH THE EMPLOYER EVIDENTIARY BURDEN TO 00:38:03.100 --> 00:38:06.100 SHOW WORK MISCONDUCT TOOK PLACE AND WE SHOULD REVERSE THE DECISION >> MISCONDUCT NO CHARGEBACK ADEQUATE 00:38:06.100 --> 00:38:08.100 EMPLOYER RESPONSE >> THE ALTERNATIVE WE SHOULD CONDUCT A 00:38:10.100 --> 00:38:13.100 REHEARING TO ALLOW RESUBMIT CLEAR COPIES OF PHOTOGRAPHIC EVIDENCE >> THE A-T DECISION SHOULD BE AFFIRMED. 00:38:34.100 --> 00:38:37.100 THE EMPLOYER DISCHARGED THE CLAIMANT FOR ALLEGEDLY TAKING LONG LUNCH BREAKS HOWEVER THE CLAIMANT DENIED TAKING LONG 00:38:37.100 --> 00:38:40.100 LUNCH BREAKS AND THE EMPLOYER SUBMITTED SECONDHAND TESTIMONY AND UNCLEAR HEARSAY EVIDENCE TO SUPPORT ITS CLAIM 00:38:40.100 --> 00:38:43.100 THEREFORE THE EMPLOYER FAILED TO ESTABLISH ITS BURDEN OF APPROVING THE CLAIMANT WAS DISCHARGED FOR MISCONDUCT. 00:38:43.100 --> 00:38:46.100 AFFIRM THE ATM MISCONDUCT CHARGEBACK >> REHEAR >> WE HAVE A MAJORITY VOTE TO REHEAR 00:38:50.100 --> 00:38:52.100 THE CASE >> 247-3808 00:38:58.100 --> 00:39:00.100 >> COMMISSIONER ALVAREZ 00:39:02.100 --> 00:39:05.100 >> I WOULD REVERSE THE A-T DECISION. THE CLAIMANT WAS A SCHOOL BUS DRIVER 00:39:15.100 --> 00:39:18.100 SHE HAD TO LEAVE THE JOB DUE TO HER MEDICAL CONDITION THE EMPLOYER ACKNOWLEDGES BEING AWARE OF THE MEDICAL 00:39:18.100 --> 00:39:20.100 ISSUES AND SHE HAD WORKED WITH THE EMPLOYER BEFORE AND HAD TO LEAVE THE JOB 00:39:23.100 --> 00:39:26.100 DUE TO HEALTH CONCERNS THEREFORE THE EVIDENCE ESTABLISHED SEPARATION WAS NECESSITATED BY THE CLAIMANT MEDICAL 00:39:26.100 --> 00:39:28.100 ILLNESS. NECESSITATED BY THE CLAIMANT 00:39:30.100 --> 00:39:32.100 VERIFIED ILLNESS REVERSE THE VOLUNTARY 00:39:33.100 --> 00:39:35.100 LEAVE >> THE APPEAL TO REENTER A DECISION 00:39:40.100 --> 00:39:43.100 SHOULD BE AFFIRM THE CLAIMANT QUIT HER JOB DUE TO MEDICAL ISSUES HOWEVER THE RECORD DOES NOT REFLECT SHE WAS ABIDES 00:39:43.100 --> 00:39:45.100 BY MEDICAL PROFESSION TO RESIGN. IN 00:39:54.100 --> 00:39:57.100 ADDITION THE CLAIMANT TESTIFIED SHE IS ABLE TO WORK SO LONG AS SHE IS ON HER MEDICATION BUT ADMITTED IN HER 00:39:57.100 --> 00:40:00.100 TESTIMONY SHE DID NOT TAKE HER MEDICATION WHEN SHE RETURNED TO THE EMPLOYER BECAUSE SHE THOUGHT EVERYTHING 00:40:00.100 --> 00:40:03.100 WOULD BE FINE. THE CLAIMANT QUIT VOLUNTARILY AND WITHOUT GOOD CAUSE TO MAKE IT TO WORK. WE SHOULD AFFIRM THE 00:40:03.100 --> 00:40:05.100 DECISION VOLUNTARY LEAVING >> MR. CHAIRMAN? 00:40:22.100 --> 00:40:24.100 >> AFFIRM THE A-T VOLUNTARY LEAVING >> MS. MILLER, SHORT FORM DISSENT 00:40:32.100 --> 00:40:34.100 >> SHORT FORM DISSENT FROM COMMISSIONER 00:40:35.100 --> 00:40:38.100 ALVAREZ >> 247-7705 COMMISSIONER ALVAREZ >> THE K SHOULD BE REVERSED THE 00:40:57.100 --> 00:41:00.100 CLAIMANT WAS THE VICTIM OF DOMESTIC VIOLENCE AFTER SHE WAS ASSAULTED BY HER EX-BOYFRIEND AGAIN SHE DECIDED TO QUIT 00:41:00.100 --> 00:41:03.100 AND MOVED TO ANOTHER STATE TO AVOID [INDISCERNIBLE] THE CLAIMANTS ACTION WERE REASONABLE UNDER THE CIRCUMSTANCES 00:41:03.100 --> 00:41:06.100 IN HER COMMISSION APPEAL SHE PROVIDED DOCUMENTATION DESCRIBING THE DOMESTIC VIOLENCE SHE HAD SUFFERED. THESE 00:41:09.100 --> 00:41:11.100 DOCUMENTS ARE SUFFICIENT EVIDENCE TO 00:41:14.100 --> 00:41:17.100 QUALIFY THE CLAIMANT FOR BENEFITS AND THEREFORE THE K SHOULD BE REHEARD TO ENTER THE DOCUMENTS DIRECTLY 00:41:17.100 --> 00:41:19.100 >> OTHER BENEFITS MAY BE AVAILABLE TO 00:41:24.100 --> 00:41:26.100 THE CLAIMANT THE CLAIMANT DOES NOT 00:41:28.100 --> 00:41:31.100 QUALIFY FOR UNEMPLOYMENT BENEFITS UNDER CURRENT STATUTE ACCORDINGLY WE SHOULD AFFIRM THE A-T DECISION VOLUNTARY 00:41:32.100 --> 00:41:35.100 LEAVING >> AFFIRM THE A-T VOLUNTARY LEAVING >> SHORT FORM DISSENT 00:41:42.100 --> 00:41:44.100 >> SHORT FORM DISSENT FROM COMMISSIONER 00:41:46.100 --> 00:41:48.100 ALVAREZ >> 248-0482 COMMISSIONER DEMERSON 00:41:53.100 --> 00:41:55.100 >> THE APPEAL IS FULLY SUPPORTED THE 00:41:56.100 --> 00:41:58.100 CLAIMANT REFUSED TO SUBMIT TO A DRUG TEST AS INSTRUCTED BY THE HR DIRECTOR. 00:42:02.100 --> 00:42:04.100 IN ADDITION TO THE COST OF THE TEST THE EMPLOYER WAS WILLING TO PAY A 00:42:06.100 --> 00:42:09.100 RIDESHARING TO TRANSPORT THE TO THE TESTING FACILITY THESE DO NOT SOUND 00:42:09.100 --> 00:42:11.100 LIKE THE ACTIONS OF AN EMPLOYER REQUESTING DRUG TEST AS A PRETEXT. THE 00:42:14.100 --> 00:42:16.100 CLAIMANT ALLEGES SHE REFUSE THE TEST ON PRINCIPLE EVEN THOUGH SHE HAD NOT BEEN 00:42:18.100 --> 00:42:20.100 DRINKING. COOPERATING WITH THE DRUG 00:42:21.100 --> 00:42:23.100 TEST WOULD'VE BEEN THE EASY WAY FOR THE CLAIMANT TO APPROVE THE EMPLOYER WRONG. 00:42:26.100 --> 00:42:28.100 THE STANDARD [INDISCERNIBLE] REASONABLE 00:42:29.100 --> 00:42:31.100 EMPLOYED WOULD HAVE KNOWN REFUSING AN INSTRUCTION WOULD JEOPARDIZE HER JOB 00:42:37.100 --> 00:42:40.100 BECAUSE THE CLAIMANTS OUTRIGHT REFUSAL OF THE EMPLOYER LEGITIMATE REQUEST WAS INSUBORDINATE AT BEST WE SHOULD AFFIRM 00:42:40.100 --> 00:42:42.100 THE DECISION MISCONDUCT >> THE DECISION SHOULD BE REVERSED. THE 00:42:49.100 --> 00:42:51.100 CLAIMANT WAS DISCHARGED WHEN THE 00:42:53.100 --> 00:42:55.100 EMPLOYER TOOK [INDISCERNIBLE] THE 00:43:05.100 --> 00:43:08.100 CLAIMANT ATTEMPTED TO CONTACT THE EMPLOYER TO RETURN TO WORK BY HER ATTEMPTS WENT UNANSWERED THE CLAIMANT 00:43:08.100 --> 00:43:11.100 DENIED SHE WAS INTOXICATED AT WORK THE EMPLOYER HAS NEVER PRESENTED EVIDENCE OF REASONABLE SUSPENSION OF DRUG OR 00:43:11.100 --> 00:43:14.100 ALCOHOL POLICY. THE CLAIM IS NOT WARNED THAT [INDISCERNIBLE] THE EVIDENCE IS NOT SUFFICIENT TO ESTABLISH MISCONDUCT, 00:43:15.100 --> 00:43:17.100 REVERSE THE A-T CLAIM >> REVERSE THE A-T CLAIM NO MISCONDUCT 00:43:26.100 --> 00:43:29.100 >> SHORT FORM DISSENT >> I HAVE A SHORT FORM DISSENT FROM COMMISSIONER DEMERSON 00:43:30.100 --> 00:43:32.100 >> THE NEXT CASE [INDISCERNIBLE] 00:43:33.100 --> 00:43:35.100 >> COMMISSIONER ALVAREZ 00:43:39.100 --> 00:43:41.100 >> THE A-T DECISION. IN THIS CASE IS 00:43:43.100 --> 00:43:45.100 NOT SUPPORTABLE THE CLAIMANT WAS A VERY 00:43:46.100 --> 00:43:48.100 LONG TENURED EMPLOYEE A MEMBER OF THE 00:43:49.100 --> 00:43:52.100 BUSINESS THE CLAIMANT WAS THE EMPLOYER'S PRESIDENT FOR MANY YEARS 00:43:52.100 --> 00:43:54.100 BEFORE HE WAS FORCED OUT OF THAT JOB.. 00:44:01.100 --> 00:44:04.100 DUE TO ONGOING FAMILY DISPUTES THE EMPLOYER HAS REPEATED REFUSE TO PAY THE CLAIMANT ALL THE WAGES OWED AND THE 00:44:04.100 --> 00:44:06.100 OBVIOUS ATTEMPT TO FORCE HIM TO LEAVE THE COMPANY THE EMPLOYER TESTIMONY 00:44:08.100 --> 00:44:11.100 CONSISTED SOLELY ON BROAD GENERALIZATIONS OF THE CLAIMANTS LACK OF WORK AND POOR ATTITUDE. THEY 00:44:16.100 --> 00:44:19.100 PROVIDED NO TESTIMONY OR DOCUMENTATION OF SPECIFIC INSTANCES IN WHICH THE CLAIMANT REFUSED TO PERFORM DUE TO 00:44:21.100 --> 00:44:23.100 [INDISCERNIBLE] EXCEPT FOR ONE WARNING ISSUED SHORTLY BEFORE HIS BUSINESS. 00:44:37.100 --> 00:44:40.100 THERE WAS NO DOCUMENTATION OF ANY DISCIPLINARY ACTION TAKEN FOR THE CLAIMANT SUPPOSEDLY HISTORY OF FAILING 00:44:40.100 --> 00:44:43.100 TO PERFORM HIS JOB IT'S CLEAR THE CLAIMANT WAS LET GO TO TO PROTECT THE PERSONAL FAMILY DISPUTES AND NOT DUE TO 00:44:43.100 --> 00:44:45.100 MISCONDUCT REVERSE THE A-T NO CONDUCT 00:44:53.100 --> 00:44:56.100 CHARGES >> WE SHOULD MODIFY THE DECISION BY ACKNOWLEDGING THE FAMILY DYNAMIC 00:44:56.100 --> 00:44:59.100 BETWEEN THE PARTIES IS HARD TO IGNORE HOWEVER IF WE LOOK AT THE EVIDENCE RELATED TO THE JOB SEPARATION THE 00:44:59.100 --> 00:45:02.100 EMPLOYER HAS OVERWHELMINGLY ESTABLISHED THE CLAIMANT WAS DISCHARGED FOR REPEATEDLY FAILING TO PERFORM HIS 00:45:02.100 --> 00:45:04.100 DUTIES. ACCORDINGLY WE SHOULD MODIFY THE DECISION MISCONDUCT NO CHARGEBACK 00:45:05.100 --> 00:45:07.100 SEVER THE ADEQUATE RESPONSE ISSUE >> MODIFY THE A-T MISCONDUCT NO 00:45:14.100 --> 00:45:17.100 CHARGEBACK SEVER THE ADEQUATE RESPONSE >> SHORT FORM DISSENT >> THANK YOU, WE HAVE A SHORT FORM 00:45:22.100 --> 00:45:24.100 DISSENT FOR COMMISSIONER ALVAREZ >> 248-2894 00:45:29.100 --> 00:45:31.100 >> COMMISSIONER DEMERSON >> THE TRIBUNAL DECISION IS FULLY 00:45:45.100 --> 00:45:48.100 SUPPORTED BY THE RECORD AS A SUPERVISOR IT IS THE CLAIMANTS RESPONSIBILITY TO OVERSEE HIS CREW THE CLAIMANT NEGLECTED 00:45:48.100 --> 00:45:51.100 HIS DUTIES BY FAILING TO BE ON-SITE WHEN REQUIRED THIS RESULTED IN THE CREW COVETING THE FIBER-OPTIC CABLE AND 00:45:58.100 --> 00:46:01.100 DEPRIVING 2500 CUSTOMERS OF INTERNET ON CYBER MONDAY PERMIT THE CLAIMANT SHOULD'VE ENSURED HIS PEOPLE WERE 00:46:01.100 --> 00:46:04.100 WORKING IN THE CORRECT LOCATION WITH ALL NECESSARY INFORMATION HIS ABSENCE FROM THE WORKSITE WITHOUT PRIOR 00:46:06.100 --> 00:46:09.100 APPROVAL CONSTITUTED MISMANAGEMENT OF HIS POSITION OF EMPLOYMENT WE SHOULD AFFIRM THE DECISION MISCONDUCT 00:46:09.100 --> 00:46:11.100 >> THE A-T DECISION SHOULD BE REVERSED 00:46:17.100 --> 00:46:19.100 A SUB CONTRACTOR UNDER THE SUPERVISION 00:46:25.100 --> 00:46:28.100 CONTINUED WORKING AT A JOB SITE AFTER WORK WAS SUPPOSED TO END FOR THE DAY AND CUTTING FIBER OPTIC CABLE IN THE 00:46:28.100 --> 00:46:30.100 AREA THAT HAD NOT BEEN MARKED UTILITY 00:46:38.100 --> 00:46:41.100 LINE LOCATIONS THE CLAIMANT WAS UNAWARE OF THE SUBCONTRACTOR WAS WORKING AT THE TIME AND HAD NO REASON TO KNOW THEY 00:46:41.100 --> 00:46:44.100 WOULD WORK AT THE END OF THE WORKDAY HIS ACTIONS DID NOT CONSTITUTE MISCONDUCT. REVERSE THE A-T MISCONDUCT 00:46:44.100 --> 00:46:47.100 >> REVERSE THE A-T NO MISCONDUCT >> SHORT FORM DISSENT >> THANK YOU SHORT FORM DISSENT FROM 00:46:53.100 --> 00:46:56.100 COMMISSIONER DEMERSON >> 248-3149, COMMISSIONER ALVAREZ >> THIS CASE SHOULD BE RE-MANAGE THE 00:47:07.100 --> 00:47:09.100 DETERMINATION WAS NOT CORRECTLY 00:47:11.100 --> 00:47:13.100 ADDRESSED TO THE CLAIMANT BECAUSE IT 00:47:20.100 --> 00:47:23.100 MISSPELLED THE CLAIMANTS NAME THE MISSPELLING OF A PARTIES NAME SHOULD BE SUFFICIENT GROUNDS FOR A HEARING ON THE 00:47:23.100 --> 00:47:26.100 TIMELINESS ISSUE AS THE A-T DENIED THE HEARING ON THIS ISSUE THE CASE SHOULD BE REMANDED, FOR A REHEARING ON THE 00:47:26.100 --> 00:47:28.100 TIMELINESS ISSUE >> WE SHOULD AFFIRM THE APPEAL SINCE 00:47:39.100 --> 00:47:42.100 THE CLAIMANT DID NOT ALLEGE A DELAY RECEIPT OR NONRECEIPT DETERMINATION THE CLAIMANTS APPEAL IS NOT TIMELY AND WE 00:47:42.100 --> 00:47:44.100 DO NOT HAVE JURISDICTION TO CONSIDER THE UNDERLYING MERITS. WE SHOULD AFFIRM 00:47:47.100 --> 00:47:50.100 THE A-T DECISION CLAIMANT FILED A LATE APPEAL VOLUNTARY LEAVING NO CHARGEBACK >> REMAND 00:47:50.100 --> 00:47:52.100 >> WE HAVE A MAJORITY VOTE TO REMAND TO 00:48:00.100 --> 00:48:02.100 THE APPEAL TRIBUNAL FOR A TIMELINESS 00:48:04.100 --> 00:48:06.100 HEARING >> COMMISSIONER DEMERSON, SHORT FORM 00:48:08.100 --> 00:48:10.100 DISSENT >> 248-7131 00:48:19.100 --> 00:48:22.100 >> COMMISSIONER DEMERSON >> REVERSE THE APPEAL DECISION THE CLAIMANT WAS DISCHARGED FOR MAKE A 00:48:22.100 --> 00:48:24.100 RACIALLY CHARGED COMMENTS IN THE WORKPLACE. THE CLAIMANT ATTEMPTS TO 00:48:25.100 --> 00:48:27.100 MINIMIZE HER ACTION WITH THE 00:48:28.100 --> 00:48:31.100 PREPONDERANCE OF EVIDENCE ESTABLISHES THAT THE CLAIMANT ENGAGED IN BEHAVIOR THAT CONTRIBUTED TO A HOSTILE WORK 00:48:34.100 --> 00:48:36.100 ENVIRONMENT. WE SHOULD REVERSE THE A-T 00:48:37.100 --> 00:48:40.100 DECISION MISCONDUCT NO CHARGEBACK ADEQUATE EMPLOYER RESPONSE >>. THE A-T DECISION SHOULD BE AFFIRMED 00:48:54.100 --> 00:48:57.100 THE EMPLOYER PRESENTED NO FIRSTHAND TESTIMONY REGARDING THE ALLEGED STATEMENTS THE CLAIMANT MADE TO A 00:48:57.100 --> 00:48:59.100 COWORKER THE CLAIMANT DENIED MAKING THE 00:49:00.100 --> 00:49:03.100 ALLEGED COMMENTS UNDER OATH THEREFORE THE EMPLOYER FAILED TO MEET ITS BURDEN OF PROOF THAT THE CLAIMANT COMMITTED 00:49:05.100 --> 00:49:07.100 MISCONDUCT. ADDITIONALLY THE EMPLOYER 00:49:17.100 --> 00:49:20.100 HAD THE OPPORTUNITY TO HAVE THE COWORKER TESTIFY BUT CHOSE NOT TO AS SUCH THERE IS NO REASON TO REDO THE 00:49:20.100 --> 00:49:23.100 CASE FOR ADDITIONAL TESTIMONY THEREFORE THE A-T SHOULD SIMPLY BE AFFIRMED NO MISCONDUCT CHARGES 00:49:23.100 --> 00:49:26.100 >> REVERSE THE A-T MISCONDUCT NO CHARGEBACK ADEQUATE EMPLOYER RESPONSE 00:49:26.100 --> 00:49:28.100 >> SHORT FORM DISSENT 00:49:31.100 --> 00:49:33.100 >> SHORT FORM DISSENT FOR COMMISSIONER 00:49:34.100 --> 00:49:36.100 ALVAREZ >> THE LAST CASE IS 249-0331. 00:49:39.100 --> 00:49:41.100 COMMISSIONER ALVAREZ >> THE A-T DECISION SHOULD BE MODIFIED 00:49:48.100 --> 00:49:50.100 THE EVIDENCE CLEARLY ESTABLISH THE CLAIMANT LEFT HIS JOB DUE TO A 00:49:51.100 --> 00:49:53.100 MEDICALLY VERIFIED ILLNESS THE CLAIMANT 00:50:06.100 --> 00:50:09.100 HAD BEEN EXPERIENCING NECK PAIN DUE TO THE DEMANDS OF THE JOB AND SOUGHT TREATMENT FOR HIS CONDITION AND WAS 00:50:09.100 --> 00:50:12.100 ULTIMATELY ADVISED BY HIS DOCTOR TO LEAVE THE JOB IN ORDER FOR HIS NECK TO HEAL HIM FOR NO ADDITIONAL DAMAGE TO BE 00:50:12.100 --> 00:50:15.100 DONE THEREFORE WE SHOULD MODIFY THE VOLUNTARY LEAVING NO CHARGEBACK >> I AGREE WITH COMMISSIONER ALVAREZ 00:50:15.100 --> 00:50:18.100 MODIFY THE A-T NO VOLUNTARY LEAVING NO CHARGEBACK 00:50:18.100 --> 00:50:20.100 >> MODIFY THE A-T NO VOLUNTARY LEAVING 00:50:21.100 --> 00:50:23.100 NO CHARGEBACK 00:50:24.100 --> 00:50:26.100 >> THANK YOU WE HAVE A UNANIMOUS 00:50:28.100 --> 00:50:31.100 DECISION. THAT WAS THE LAST CASE FOR UNEMPLOYMENT INSURANCE BENEFITS UNDER 00:50:34.100 --> 00:50:36.100 DOCKET 18. YOU SHOULD HAVE RECEIVED THE 00:50:40.100 --> 00:50:43.100 SHORT FORM DISSENT LIST FOR DOCKET 18 >> MOVE TO ACCEPT STAFF RECOMMENDATIONS ON THE REMAINING CASES ON DOCKET 18 00:50:43.100 --> 00:50:45.100 >> SECOND EXCEPT FOR THE CASES ON THE 00:50:47.100 --> 00:50:49.100 DISSENT AS REFLECTED ON THE SHORT FORM 00:50:50.100 --> 00:50:52.100 DISSENT FOR DOCKET 18 00:50:53.100 --> 00:50:55.100 >> I CONCUR WITH THE GERMANS MOTION 00:50:57.100 --> 00:50:59.100 EXCEPT FOR CASES [INDISCERNIBLE] >> THE MOTION PASSES WITH THE EXCEPTION 00:51:02.100 --> 00:51:04.100 OF [INDISCERNIBLE] >> THANK YOU I APPRECIATE IT 00:51:13.100 --> 00:51:16.100 >> THANK YOU VERY MUCH THIS BRINGS US TO THE END OF THE AGENDA ITEMS. WE WILL TAKE A BRIEF BREAK TO RESET FOR THE 00:51:16.100 --> 00:51:18.100 REST OF THE MEETING >>GOOD MORNING. FOR THE RECORD MY NAME 00:52:55.100 --> 00:52:57.100 IS [INDISCERNIBLE] FROM THE OFFICE OF EMPLOYER INITIATIVE HERE THIS MORNING 00:53:03.100 --> 00:53:05.100 TO PROVIDE A BRIEF UPDATE AND SUMMARY FROM THE JET ADVISORY BOARD MEETING ON 00:53:07.100 --> 00:53:09.100 APRIL 16, 2020. THE ADVISORY BOARD REVIEWED AND APPROVED THE MASS LIST OF 00:53:14.100 --> 00:53:17.100 ISD AND IHE APPLICATIONS AND DIRECTED STAFF TO MOVE FORWARD WITH THE ABILITY 00:53:17.100 --> 00:53:19.100 TO MOVE DOWN THE LIST AS FUNDS BECOME 00:53:23.100 --> 00:53:25.100 AVAILABLE IN THE CONTRACTING PHASE AND 00:53:26.100 --> 00:53:28.100 UTILIZE THE REMAINING [INDISCERNIBLE] TO FUND ADDITIONAL ISD GRANTS. THE 00:53:33.100 --> 00:53:35.100 ADVISORY BOARD DID NOTE THE 00:53:37.100 --> 00:53:39.100 [INDISCERNIBLE] LISTED ARE ESSENTIAL 00:53:44.100 --> 00:53:47.100 SERVICES AND THESE GRANTS WILL HELP FUTURE [INDISCERNIBLE] ADVISORY BOARD ALSO TOOK ACTION TO SPLIT THE FUNDING 00:53:47.100 --> 00:53:49.100 60 PERCENT ISD AND 40 PERCENT FOR 00:53:51.100 --> 00:53:53.100 FUTURE [INDISCERNIBLE] 00:53:54.100 --> 00:53:56.100 >> ARE THERE COMMENTS OR QUESTIONS? 00:53:59.100 --> 00:54:02.100 >> GREAT WORK BY THE JET ADVISORY COMMITTEE 00:54:09.100 --> 00:54:11.100 >> MR. CHAIRMAN, [INDISCERNIBLE] TO CONGRATULATE AND I AND TO COMMEND 00:54:15.100 --> 00:54:17.100 DOCTOR GARDNER WHO IS GOING TO BE 00:54:19.100 --> 00:54:21.100 RETIRING FOR WORK HE HAS DONE OVER THE 00:54:23.100 --> 00:54:25.100 YEARS I HAD THE OPPORTUNITY TO MANAGE WITH AND I LEADING THE CHARGE THAT 00:54:26.100 --> 00:54:28.100 PROGRAM AND DOCTOR GARDNER WAS A VERY 00:54:34.100 --> 00:54:36.100 INSTRUMENTAL PART OF THAT SO I'D LIKE TO THANK HIM FOR HIS WORK ON THE 00:54:40.100 --> 00:54:42.100 COMMITTEE >> THANK YOU AND EMILY, 00:54:51.100 --> 00:54:53.100 >> AGENDA ITEM 9 [INDISCERNIBLE] >> GOOD MORNING COMMISSIONERS. ON THE 00:55:15.100 --> 00:55:18.100 VOCATIONAL REHABILITATION TODAY I'M BRINGING FOR CONSIDERATION A POSSIBLE ACTION REQUEST REGARDING THE PURCHASE 00:55:18.100 --> 00:55:20.100 OF PEOPLE FOR DISABILITIES PROGRAM FOR A TEMPORARY SUSPENSION OF 00:55:24.100 --> 00:55:26.100 [INDISCERNIBLE] THE TEXAS HUMAN 00:55:28.100 --> 00:55:30.100 RESOURCES CODE 122 013 GOVERNING THE PPD DIRECT DISABLED LABOR HOUR RATIO 00:55:33.100 --> 00:55:35.100 THIS REQUEST IS DUE TO COVID-19 00:55:36.100 --> 00:55:39.100 PANDEMIC. THE TEXAS STATE AGENCIES PROVIDE ESSENTIAL SERVICES ARE SERVED 00:55:41.100 --> 00:55:43.100 BY THE PRODUCTS OFFERED BY THE PPE 00:55:46.100 --> 00:55:48.100 COMMUNITY REHAB [INDISCERNIBLE]. DUE TO 00:55:51.100 --> 00:55:54.100 THE COVID-19 INCREASED DEMAND BY SOME AGENCIES RESULTING IN ADDITIONAL PRODUCTION REQUIREMENTS ON ESSENTIAL 00:55:55.100 --> 00:55:57.100 SERVICE CONTRACTS. CRP ARE HAVING 00:55:59.100 --> 00:56:01.100 DIFFICULTY FINDING EMPLOYEES WITH DISABILITIES TO FULFILL CONTRACT LABOR 00:56:02.100 --> 00:56:04.100 REQUIREMENTS. SOME OF THE REASONS 00:56:05.100 --> 00:56:07.100 INCLUDE [INDISCERNIBLE] A NUMBER OF 00:56:09.100 --> 00:56:11.100 EMPLOYEES GROUP HOMES OR LOCAL REHAB 00:56:13.100 --> 00:56:15.100 CENTERS AND. THEY ARE SHUT DOWN AND 00:56:21.100 --> 00:56:24.100 ALSO WE HAVE A NUMBER OF EMPLOYEES FROM HIGH RISK GROUPS DUE TO CHRONIC ILLNESSES SUCH AS DIABETES BECAUSE OF 00:56:24.100 --> 00:56:26.100 THE REDUCTION OF EMPLOYEES GIVEN THAT 00:56:27.100 --> 00:56:29.100 75 PERCENT DIRECT LABOR HOUR RATIO 00:56:37.100 --> 00:56:40.100 REQUIREMENT [INDISCERNIBLE] INTERNAL STAFF AND OTHER INDIVIDUALS WHO DO NOT HAVE DISABILITIES TO CONTINUE TO 00:56:40.100 --> 00:56:43.100 SUCCESSFULLY PERFORM THESE CONTRACT REQUIREMENTS AT THIS IMPORTANT TIME. THE MUCH LARGER FEDERAL VERSION OF THE 00:56:48.100 --> 00:56:50.100 PPD PROGRAM TITLED [INDISCERNIBLE] IS 00:56:52.100 --> 00:56:55.100 ALSO EXPERIENCING LABOR AVAILABILITY CHALLENGES AND TAKING ACTION TO SIMILAR WHAT WE BRING TO THE COMMISSION TODAY. 00:56:58.100 --> 00:57:01.100 AS A RESULT, THE COVID-19 PANDEMIC STAFF SIX DIRECTION ASSESSING THE 00:57:01.100 --> 00:57:03.100 CURRENT CHALLENGES OF THE PROGRAM AND 00:57:08.100 --> 00:57:10.100 LEADING THE REQUIRED 75 PERCENT DOH DIRECT LABOR HOUR RATIO PERFORMED BY 00:57:12.100 --> 00:57:14.100 INDIVIDUALS WITH DISABILITIES. THE REQUEST FOR TEMPORARY SUSPENSION FOR 00:57:17.100 --> 00:57:19.100 REGULATORY STATUTE A RULE HINDERING 00:57:21.100 --> 00:57:24.100 ACTION AND COPING WITH THIS DISASTER MAY BE SUBMITTED TO THE OFFICE OF THE GOVERNOR PURSUANT TO TEXAS GOVERNMENT 00:57:26.100 --> 00:57:28.100 CODE [INDISCERNIBLE] STAFF PROPOSES A REQUEST TO THE OFFICE OF THE GOVERNOR 00:57:32.100 --> 00:57:34.100 OF [INDISCERNIBLE] AND TEXAS HUMAN 00:57:36.100 --> 00:57:38.100 RESOURCES CODE [INDISCERNIBLE] A TEMPORARY LATE SUSPEND AS FOLLOWS. 00:57:40.100 --> 00:57:42.100 CONSISTENT WITH THE ABILITY 00:57:44.100 --> 00:57:46.100 [INDISCERNIBLE] ESTABLISH A MINIMUM OF 00:57:49.100 --> 00:57:51.100 35 PERCENT DOH RATIO FOR CRP CONTRACT 00:57:54.100 --> 00:57:57.100 PERFORMED BY INDIVIDUALS WITH DOCUMENTED DISABILITIES BEGINNING MARCH 1, 2020 THROUGH MAY 30, 2020. 00:57:58.100 --> 00:58:00.100 RETROACTIVE APPLICATION OF TEMPORARY 00:58:02.100 --> 00:58:04.100 SUSPENSION IS PROPOSED SUPPORT TO CRP THAT HAVE ALREADY HAD FEW EMPLOYEES 00:58:08.100 --> 00:58:10.100 WITH DISABILITIES AND THIS OCCURRED SHORTLY AFTER THE ONSET OF THE PANDEMIC 00:58:13.100 --> 00:58:15.100 IN TEXAS. AFTER MAY 30, ALL CRP THAT DO 00:58:25.100 --> 00:58:28.100 NOT MEET THE 75 PERCENT RATIO REQUIREMENT AND ANTICIPATED CONTINUED SHORTAGE OF EMPLOYEES WITH DISABILITIES 00:58:28.100 --> 00:58:31.100 WILL BE REQUIRED TO SUBMIT TO WORK THE ESSENTIAL NONPROFIT ADMINISTERING CRP PROGRAM A REQUEST INCLUDING THE 00:58:32.100 --> 00:58:34.100 JUSTIFICATION FOR ADJUSTED D LH RATIO FOR THE NEXT 90 DAYS. JUNE 1 THROUGH 00:58:38.100 --> 00:58:40.100 AUGUST 31 THE JUSTIFICATION MUST 00:58:42.100 --> 00:58:44.100 INCLUDE THE FOLLOWING. THE D LH 00:58:48.100 --> 00:58:51.100 ACHIEVED BY THE CLP EACH MONTH OF THE PREVIOUS QUARTER MARCH THROUGH JUNE THE MEASURES THE CRP IS TAKEN TO ENSURE THE 00:58:52.100 --> 00:58:54.100 SAFETY OF EMPLOYEES, THE MEASURES THE CRP IS TAKING TO EMPLOYED INDIVIDUALS 00:58:58.100 --> 00:59:01.100 WITH DISABILITIES, THE REASONS THE CRP ANTICIPATES IT WILL BE UNABLE TO MEET 00:59:05.100 --> 00:59:08.100 THE 75 PERCENT RATIO AND THE D LH RATIO THE CRP ANTICIPATES IT WILL BE ABLE TO 00:59:11.100 --> 00:59:13.100 [INDISCERNIBLE]. THE REQUEST WILL 00:59:14.100 --> 00:59:17.100 EVALUATE EACH REQUEST AND SEEK CLARIFICATION IF NEEDED BEFORE MAKING A RECOMMENDATION THAT THE REQUEST BE 00:59:19.100 --> 00:59:21.100 APPROVED DENIED OR WITH CONDITIONS. 00:59:23.100 --> 00:59:26.100 STAFF WILL EVALUATE EACH REQUEST AND APPROVE OR DENY THE CONDITIONS.. 00:59:32.100 --> 00:59:34.100 APPROVED DENY OR APPROVE THE CONDITIONS IF APPROVE SAC STAFF WILL SEEK 00:59:37.100 --> 00:59:39.100 DIRECTION FROM THE COMMISSION REGARDING 00:59:41.100 --> 00:59:43.100 CONTINUATION OF THE SUSPENSION OR OTHER 00:59:46.100 --> 00:59:48.100 REMEDY SHOULD THE NEED FOR COVID-19 CONTAIN THE MEASURES EXTENDED UNTIL THE 00:59:49.100 --> 00:59:51.100 FALL OF 2020 PAST AUGUST 31 AND 00:59:54.100 --> 00:59:56.100 CONTINUE ADVERSITY IMPACT CRP COMPLIANCE FOR THE P LH RATIO. THAT'S 00:59:59.100 --> 01:00:01.100 ALL I HAVE AND I'M OPEN TO ANY QUESTIONS 01:00:06.100 --> 01:00:08.100 >> ARE THERE COMMENTS OR QUESTIONS? 01:00:09.100 --> 01:00:12.100 >> NO QUESTIONS >> DO WE HAVE A MOTION? I MOVE THAT WE 01:00:20.100 --> 01:00:22.100 REQUEST THE GOVERNORS TEMPORARILY SUSPEND TEXAS HUMAN RESOURCES CODE 01:00:26.100 --> 01:00:28.100 122.013, AND TEXAS ADMINISTRATIVE CODE 01:00:30.100 --> 01:00:33.100 806.41, AND SUBSTITUTE THE STANDARDS OUTLINED IN THE DISCUSSION FOR 01:00:34.100 --> 01:00:36.100 CONSIDERING CRP WITH THE DIRECT HOUR 01:00:40.100 --> 01:00:43.100 RATIO >> SECOND >> IT HAS BEEN MOVED AND SECONDED 01:00:44.100 --> 01:00:46.100 >> THANK YOU >> I'M SHOWING STAFF DOES NOT HAVE 01:00:51.100 --> 01:00:53.100 ANYTHING TO DISCUSS HER AGENDA ITEM 10 SO WE WILL MOVE TO NUMBER 11. 01:01:03.100 --> 01:01:06.100 DISCUSSION AND CONSIDERATION REGARDING RESOURCE UTILIZATION AND IMPLEMENTATION OF SERVICES AND STRATEGIES TO TARGET 01:01:06.100 --> 01:01:08.100 DISASTER RELIEF EFFORTS FOR PUBLIC HEALTH EMERGENCIES. THE FIRST ITEM IS 01:01:09.100 --> 01:01:11.100 TEMPORARY COVID-19 ESSENTIAL WORKER. >> MAYBE WHILE REAGAN IS HAVING A 01:01:37.100 --> 01:01:39.100 TECHNICAL ISSUE WE COULD MOVE ON TO 01:01:43.100 --> 01:01:45.100 [INDISCERNIBLE] >> ED, CAN YOU HEAR ME? 01:01:49.100 --> 01:01:51.100 >> THANK YOU. COMMISSIONERS, FOR THE 01:01:59.100 --> 01:02:02.100 RECORD, REAGAN MILLER. [INDISCERNIBLE] DISCUSSION PAPER ON THE LENGTH OF TIME FAMILIES WILL RECEIVE COVERT ESSENTIAL 01:02:05.100 --> 01:02:07.100 CHILDCARE. WE ARE SEEKING YOUR DIRECTION REQUESTING THE GOVERNOR 01:02:11.100 --> 01:02:13.100 APPROVED TWO WAIVERS. OF TWC CHILDCARE 01:02:15.100 --> 01:02:17.100 RULES A WAIVER OF SECTION 809.5 FOR A REGARDING THE STANDARD 12 MONTH MINIMUM 01:02:19.100 --> 01:02:21.100 ELIGIBILITY PERIOD. AND A WAIVER OF 01:02:22.100 --> 01:02:24.100 SECTION 809.54 B FOR CONTINUITY OF CARE. 01:02:31.100 --> 01:02:34.100 BOARDS WILL BE AUTHORIZED TO APPROVE COVERT ESSENTIAL CHILDCARE FOR THREE MONTHS AND AS THE CHILDCARE STRUCTURE 01:02:34.100 --> 01:02:36.100 IS A THREE MONTH TEMPORARY BENEFIT, THE 01:02:38.100 --> 01:02:41.100 CONTINUITY OF CARE RULE WILL NOT APPLY THE THREE-MONTH ELIGIBILITY PERIOD MAY 01:02:41.100 --> 01:02:43.100 NOT BE EXTENDED BY THE BOARDS 01:02:44.100 --> 01:02:46.100 [INDISCERNIBLE] TO REVIEW AND ANALYZE 01:02:48.100 --> 01:02:51.100 COVERT ESSENTIAL [INDISCERNIBLE] AND WILL DETERMINE IF WE NEED TO RECOMMEND ELIGIBILITY EXTENSIONS IN THE FUTURE. 01:02:54.100 --> 01:02:56.100 HAPPY TO ANSWER ANY QUESTIONS >> ARE THERE COMMENTS OR QUESTIONS? 01:03:00.100 --> 01:03:03.100 >> NO >> NONE HERE >> DO WE HAVE A MOTION? 01:03:09.100 --> 01:03:12.100 >> I MOVE THAT WE WAIVE THE CONTINUITY OF CHILD PROVISIONS OF TEXAS ADMINISTRATIVE CODE 80914 A AND 01:03:16.100 --> 01:03:18.100 [INDISCERNIBLE] WITH RESPECT TO 01:03:20.100 --> 01:03:22.100 CHILDREN OF COVID-19 ESSENTIAL WORKERS 01:03:25.100 --> 01:03:28.100 AS DISCUSSED BY STAFF AND AUTHORIZE A THREE-MONTH ELIGIBILITY PERIOD FOR ESSENTIAL WORKERS NOT SUBJECT TO 01:03:30.100 --> 01:03:32.100 [INDISCERNIBLE] AND PROVIDE STAFF THE 01:03:36.100 --> 01:03:39.100 AFFORDABILITY [INDISCERNIBLE] ELIGIBILITY EXTENSION BASED ON ONGOING NEEDS ANALYSIS AS DISCUSSED BY STAFF 01:03:39.100 --> 01:03:41.100 >> SECOND >> IT HAS BEEN MOVED AND SECONDED THAT 01:03:42.100 --> 01:03:44.100 WE ARE UNANIMOUS >> THE SECOND DISCUSSION PAPER CONCERNS 01:03:48.100 --> 01:03:51.100 THE DEFINITION OF HEALTHCARE WORKERS AS IT RELATES TO COVID . CHILDCARE WHEN 01:03:58.100 --> 01:04:01.100 YOU APPROVE THE CHILDCARE SERVICES ON APRIL 7 WE CLASSIFIED HEALTHCARE WORKERS WITHIN THE SECOND PRIORITY. 01:04:04.100 --> 01:04:06.100 SINCE THEN WE HAVE RECEIVED QUESTIONS ABOUT WHICH HEALTHCARE WORKERS ARE 01:04:08.100 --> 01:04:10.100 COVERED UNDER THE DEFINITION. WE ARE 01:04:13.100 --> 01:04:16.100 SEEKING THE COMMISSIONS DIRECTION AND HOW WE PRIORITIZE COVID-19 FUNDING AND CLARIFIED THE SECOND PRIORITY FOR 01:04:17.100 --> 01:04:19.100 HEALTHCARE WORKERS COVERS THOSE WORKERS 01:04:21.100 --> 01:04:23.100 WHO ARE DELIVERING SERVICES TO COVID-19 PATIENTS AS DESCRIBED IN THE DISCUSSION 01:04:25.100 --> 01:04:27.100 PAPER. ALL OTHER HEALTHCARE WORKERS 01:04:28.100 --> 01:04:30.100 INCLUDED IN THE ESSENTIAL WORKER DEFINITION WOULD FALL UNDER THE FIFTH 01:04:32.100 --> 01:04:34.100 PRIORITY. THIS CLARIFICATION WILL 01:04:37.100 --> 01:04:40.100 ENSURE WE ARE PRIORITIZING THOSE HEALTHCARE WORKERS WHOSE WORK INVOLVES THE MOST RISK FOR OCCUPATIONAL 01:04:40.100 --> 01:04:42.100 EXPOSURE. HAPPY TO ANSWER ANY 01:04:44.100 --> 01:04:47.100 QUESTIONS >> QUESTIONS OR COMMENTS? >> NO QUESTIONS 01:04:47.100 --> 01:04:49.100 >> DO WE HAVE A MOTION? 01:04:53.100 --> 01:04:55.100 >> I MOVE WE APPROVE THE DEFINITION OF 01:04:57.100 --> 01:05:00.100 COVID-19 HEALTHCARE WORKER AND THE PRIORITIZATION OF HEALTHCARE SERVICES AS DISCUSSED 01:05:01.100 --> 01:05:03.100 >> SECOND 01:05:05.100 --> 01:05:07.100 >> IT HAS BEEN MOVED AND SECONDED. WE ARE UNANIMOUS 01:05:11.100 --> 01:05:13.100 >> THANK YOU AND OUR FINAL DISCUSSION 01:05:20.100 --> 01:05:23.100 PAPER IS FOCUSED ON HOW WE SUPPORT OUR CHILDCARE PROVIDERS WITH PREVIOUSLY SERVED SUBSIDIZE CHILDREN WHO HAVE 01:05:23.100 --> 01:05:25.100 TEMPORARILY CLOSED DUE TO COVID-19. THE 01:05:28.100 --> 01:05:30.100 FEDERAL CARES ACT EXPLICITLY AUTHORIZES THE USE OF FUNDS TO SUPPORT WHO HAVE 01:05:32.100 --> 01:05:34.100 EXPERIENCED [INDISCERNIBLE]. FORECLOSURES DUE TO COVID-19 IN 01:05:37.100 --> 01:05:40.100 ADDITION [INDISCERNIBLE]. QUALITY IMPROVEMENT FUNDS FOR SUPPLYING THE 01:05:40.100 --> 01:05:43.100 [INDISCERNIBLE] IN RESPONSE TO EMERGENCIES CURRENTLY WE ARE CONTINUING 01:05:49.100 --> 01:05:52.100 TO PAY THE PROVIDERS WHO HAVE CLOSED AND PAYMENTS ARE BASED ON THE NUMBER OF ACTIVE CHILDCARE REFERRALS THAT WERE IN 01:05:52.100 --> 01:05:55.100 PLACE THE TIME THE PROGRAM CLOSED. RIGHT NOW WE ARE PAYING 1685 CLOSED 01:05:58.100 --> 01:06:00.100 PROVIDERS WHO HAVE 28,000 ACTIVE 01:06:02.100 --> 01:06:04.100 REFERRALS FOR CHILDCARE AT A COST OF 01:06:05.100 --> 01:06:07.100 $23-$24 MILLION PER MONTH. BASED ON 01:06:09.100 --> 01:06:11.100 EXISTING PAYMENT STRUCTURE PROVIDERS 01:06:26.100 --> 01:06:29.100 WHO WERE PREVIOUSLY SERVING A LARGER PROPORTION OF SUBSIDIZE CHILDREN RECEIVE MORE THAN PROVIDERS WITH 01:06:29.100 --> 01:06:32.100 SMALLER PROPORTIONS WE IMPLEMENTED THE STRUCTURE INITIALLY BECAUSE IT WAS EXPEDIENT AND PROVIDED A MECHANISM TO 01:06:32.100 --> 01:06:35.100 QUICKLY IMPLEMENT A PROCESS TO WHEREBY WE COULD CONTINUE TO PROVIDE THIS CRITICAL FINANCIAL SUPPORT TO THE CHILD 01:06:35.100 --> 01:06:38.100 CARE INDUSTRY. SINCE THEN WE'VE HAD TIME TO REVIEW OUR PAYMENT STRUCTURE AND BELIEVE WE HAVE AN OPPORTUNITY TO 01:06:38.100 --> 01:06:41.100 MAKE SOME REVISIONS SO OUR GOAL IS TO HELP DEFRAY THE FIXED FACILITY COST 01:06:41.100 --> 01:06:43.100 THAT PROVIDERS HAVE SO THAT THEY CAN 01:06:45.100 --> 01:06:47.100 CONTINUE TO SUPPORT THOSE FIXED COST 01:06:50.100 --> 01:06:52.100 AND EVENTUALLY REOPEN. OUR PROPOSAL [INDISCERNIBLE] WHICH REPLACE THE 01:06:54.100 --> 01:06:56.100 CURRENT MECHANISM OF PAYING CLOSED 01:06:57.100 --> 01:06:59.100 PROVIDERS BASED ON THE KIDS THEY WERE SERVING TO CREATING AN EQUITABLE 01:07:00.100 --> 01:07:02.100 STANDARD OF PAYMENT THROUGH A NEW 01:07:07.100 --> 01:07:09.100 COVID-19 CHILDCARE [INDISCERNIBLE] 01:07:11.100 --> 01:07:14.100 THERE WILL BE SOME CONDITIONS PLACED ON THE RECEIPT OF THE FUNDS SUCH AS NOT PAYING PROVIDERS WHO RECEIVE THE SBA 01:07:16.100 --> 01:07:18.100 PPP LOAN FUNDS AND NOT PROVIDING FUNDS TO PROVIDERS WHO DON'T HAVE FIXED 01:07:20.100 --> 01:07:22.100 FACILITY COSTS. FOR EXAMPLE YOU HAVE PROVIDERS WHO OPERATE AFTER SCHOOL 01:07:23.100 --> 01:07:25.100 PROGRAMS IN A SPACE THAT IS DONATED 01:07:29.100 --> 01:07:32.100 WITHIN A SCHOOL. WE ALSO SEEK YOUR GUIDANCE ON SETTING THIS UP AS A THREE-MONTH PROGRAM JUNE THROUGH 01:07:35.100 --> 01:07:37.100 AUGUST. THE GRANT AMOUNTS ARE BASED ON THE SIZE OF THE PROGRAM. THE AVERAGE 01:07:40.100 --> 01:07:42.100 COST OF CARE FROM THE MARKET RATE 01:07:44.100 --> 01:07:46.100 SURVEY BASED ON THE 75TH PERCENT FOR THAT TYPE OF PROVIDER MEANING A LICENSE 01:07:49.100 --> 01:07:52.100 [INDISCERNIBLE] ARE REGISTERED HOME FOR EACH WORKFORCE AREA. WE ALSO LOOKED AT 01:07:56.100 --> 01:07:58.100 THE NATIONAL STUDY ISSUED WHICH NOTED 01:08:00.100 --> 01:08:03.100 CHILDCARE PROVIDERS TYPICAL COST FOR FIXED FACILITY COSTS ARE ABOUT NINE 01:08:06.100 --> 01:08:08.100 PERCENT OF THEIR BUDGET. BASED ON THIS, WE LOOKED AT THE LICENSE CAPACITY OF 01:08:10.100 --> 01:08:12.100 THE PROGRAM AND WOULD USE NINE PERCENT 01:08:16.100 --> 01:08:19.100 OF THE PROGRAMS ESTIMATED OPERATING COSTS BASED ON FULL ENROLLMENT AND WOULD USE THAT TO CALCULATE A MONTHLY 01:08:21.100 --> 01:08:23.100 AMOUNT. WE ESTIMATED AN ATTACHMENT ONE THIS METHODOLOGY HAS A FISCAL IMPACT OF 01:08:29.100 --> 01:08:31.100 $11 MILLION PER MONTH. WE WOULD CAP THE GRANTS AT $10,000 PER PROVIDER. WE 01:08:35.100 --> 01:08:37.100 WOULD ALSO PROVIDE A BONUS TO TEXAS 01:08:39.100 --> 01:08:41.100 RISING STAR PROGRAM SO THEY'D BE 01:08:42.100 --> 01:08:44.100 ALLOWED TO RECEIVE UP TO FIVE PERCENT OVER AND ABOVE THE $10,000 CAP. WE ALSO 01:08:47.100 --> 01:08:49.100 WANT TO MAKE SURE PROVIDERS GET A SENSE 01:08:53.100 --> 01:08:56.100 OF HOW DIFFERENTLY THESE FUNDS WOULD BE IMPLEMENTED BASED ON THE TYPE OF THE 01:08:56.100 --> 01:08:58.100 PROGRAM AND SIZE OF THE PROGRAM SO ON 01:09:01.100 --> 01:09:03.100 ATTACHMENT TWO, WE INCLUDED SOME 01:09:09.100 --> 01:09:12.100 EXAMPLES BASED ON A LICENSE CENTER WITH A CAPACITY OF 50 AND A CAPACITY OF 100 FOR HOW MUCH THOSE PROVIDERS WOULD 01:09:14.100 --> 01:09:16.100 RECEIVE. OBVIOUSLY [INDISCERNIBLE] BASED ON A PROVIDERS ACTUAL CAPACITY. 01:09:18.100 --> 01:09:21.100 WHILE THIS ESTABLISHES A MORE CONSERVATIVE APPROACH TO FUNDING FOR 01:09:23.100 --> 01:09:25.100 CLOSED PROVIDERS, ANY PROVIDER THAT 01:09:27.100 --> 01:09:29.100 CHOOSES TO REOPEN CAN REVERT BACK TO THE PAYMENT STRUCTURE IN PLACE FOR OPEN 01:09:30.100 --> 01:09:32.100 PROVIDERS. THEY WOULD REVERT BACK TO 01:09:33.100 --> 01:09:36.100 RECEIVING PAYMENT FOR ALL ACTIVE REFERRALS THAT WERE IN PLACE AT THE TIME 01:09:42.100 --> 01:09:45.100 THEY CLOSED PLUS THE 25 PERCENT ENHANCED REIMBURSEMENT RATE YOU APPROVED SO WE WANT TO ENSURE THERE IS 01:09:49.100 --> 01:09:51.100 THE SAME FINANCIAL INCENTIVE FOR PROVIDERS TO REOPEN TO PROVIDE SERVICES 01:09:54.100 --> 01:09:56.100 TO ESSENTIAL WORKERS. THIS IS A BIG 01:09:57.100 --> 01:09:59.100 CHANGE FROM THE CURRENT PROGRESS SO WE 01:10:03.100 --> 01:10:06.100 ARE RECOMMENDING THE IMPLEMENTATION DATE OF JUNE 1 MAKING SURE WE ARE WORKING WITH THE BOARDS AND NOTIFYING 01:10:07.100 --> 01:10:09.100 CHILDCARE PROGRAMS ABOUT THIS CHANGE SO 01:10:12.100 --> 01:10:15.100 THEY CAN MAKE DETERMINATIONS ABOUT WHETHER THEY WANT TO CONSIDER REOPENING PRIOR TO THE JUNE 1 IMPLEMENTATION DATE. 01:10:20.100 --> 01:10:23.100 WE ALSO NEED TO WORK CLOSELY WITH THE BOARDS IN THE COMING WEEKS ON THE ACTUAL APPLICATION PROCESS AND HOW WE 01:10:24.100 --> 01:10:26.100 ARE STRUCTURING THOSE. WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS 01:10:29.100 --> 01:10:32.100 >> ARE THERE QUESTIONS OR COMMENTS? >> NO 01:10:32.100 --> 01:10:34.100 >> I THINK REAGAN AND THE TEAM FOR THE 01:10:40.100 --> 01:10:43.100 WORK THEY ARE DOING CONTINUING TO DO IN THIS AREA IS A VERY IMPORTANT AREA >> REAGAN I HEARD YOU MENTION 01:10:51.100 --> 01:10:53.100 [INDISCERNIBLE] BEGINNING JUNE 1. I'M 01:10:54.100 --> 01:10:56.100 WONDERING IF WE SHOULD REVISIT THIS 01:11:00.100 --> 01:11:02.100 EVERY 30 DAYS OR THE FIRST OF EVERY MONTH TO UNDERSTAND THE EFFECTIVENESS 01:11:03.100 --> 01:11:05.100 OF IT AND DECIDE IF THAT'S THE PATH WE 01:11:07.100 --> 01:11:09.100 NEED TO CONTINUE DOWN? AFTER A 01:11:11.100 --> 01:11:13.100 THREE-MONTH STRETCH. I'M CONCERNED 01:11:18.100 --> 01:11:21.100 ABOUT WE HAVE A CHANGE IN THE BUSINESSES REOPENED, SCHOOLS ARE TALKING ABOUT THE AREA ARE REOPENING 01:11:21.100 --> 01:11:23.100 PLANS INCLUDING COLLEGES AND 01:11:26.100 --> 01:11:28.100 UNIVERSITIES. INSTEAD OF DOING A CHANGE, WE ARE OPEN-ENDED NOW, I'D 01:11:34.100 --> 01:11:36.100 CERTAINLY LIKE [INDISCERNIBLE] SOME PARAMETERS TO OUR STRATEGY BUT I'M 01:11:39.100 --> 01:11:41.100 CONCERNED ABOUT [INDISCERNIBLE] WHAT ARE YOUR THOUGHTS ON THAT? 01:11:43.100 --> 01:11:45.100 >> WE CAN CERTAINLY STRUCTURED THIS IN 01:11:48.100 --> 01:11:50.100 30 DAY INCREMENTS. WE DON'T KNOW EXACTLY WHAT'S GOING TO HAPPEN OVER THE 01:11:53.100 --> 01:11:55.100 SUMMER AND CERTAINLY A 30 DAY PROGRAM 01:11:56.100 --> 01:11:59.100 WOULD ALLOW US TO CONTINUE TO REVIEW AND MONITOR THIS AND MAKE ADJUSTMENTS AS NEEDED 01:12:00.100 --> 01:12:02.100 >> OKAY. MY IDEA HERE WOULD BE IT'S 01:12:03.100 --> 01:12:05.100 DEFINITELY A 90 DAY PROGRAM WITH 30 DAY 01:12:08.100 --> 01:12:10.100 [INDISCERNIBLE] LET'S CALL IT A 01:12:11.100 --> 01:12:13.100 [INDISCERNIBLE] A THREE-MONTH PROGRAM 01:12:14.100 --> 01:12:16.100 [INDISCERNIBLE] THE EFFECTIVENESS OF 01:12:18.100 --> 01:12:20.100 IT. [INDISCERNIBLE] I WILL LET DAYCARE 01:12:24.100 --> 01:12:26.100 I WANT DAYCARE PROVIDERS TO UNDERSTAND 01:12:27.100 --> 01:12:29.100 WE WON'T GO FROM JUNE 1 TO THE END OF JUNE AND THEN SCRAP IT AND DO SOMETHING 01:12:32.100 --> 01:12:34.100 NEW. I NEED THEM TO HAVE ASSURANCE FOR OPERATION BUT AT THE SAME TIME I WANT 01:12:36.100 --> 01:12:38.100 US TO HAVE MORE FREQUENT MONITORING OF 01:12:39.100 --> 01:12:41.100 THE SITUATION. >> YES, SIR. WE CAN DO THAT 01:12:44.100 --> 01:12:46.100 >> OKAY >> OTHER QUESTIONS OR COMMENTS? 01:12:55.100 --> 01:12:57.100 >> I MOVE PAYMENTS TO CLOSED PROVIDERS 01:13:06.100 --> 01:13:09.100 ON JUNE 1 BASED ON THE ACTIVE REFERRALS IN PLACE AT THE TIME THE PROVIDER CLOSED AND IMPLEMENTED COVID-19 01:13:09.100 --> 01:13:12.100 CHILDCARE STABILIZATION GRANT ADDITIONALLY AUTHORIZED FOR THREE MONTHS JUNE THROUGH AUGUST AUTHORIZING 01:13:12.100 --> 01:13:15.100 PARAMETERS IN GRANT CALCULATIONS AS DESCRIBED BY STAFF >> SECOND 01:13:15.100 --> 01:13:17.100 >> IT HAS BEEN MOVED AND SECONDED AND 01:13:19.100 --> 01:13:21.100 WE ARE UNANIMOUS >> THANK YOU 01:13:25.100 --> 01:13:27.100 >> WE HAVE CLAY UP NEXT TO PROVIDE AN 01:13:28.100 --> 01:13:30.100 UPDATE AND THEN WILL BE CORKY AND CHERYL 01:13:35.100 --> 01:13:37.100 >> GOOD MORNING COMMISSIONERS. CLAY 01:13:40.100 --> 01:13:42.100 COLE [INDISCERNIBLE] DIVISION CLIENT 01:13:46.100 --> 01:13:49.100 PAYOUTS CONTINUE. WE'VE GOT A COUPLE WEEKS AHEAD OF UP WITH THE DEPLOYMENT OF THE PANDEMIC COMPENSATION PROGRAM. 01:13:53.100 --> 01:13:55.100 WE PROVIDE AN ADDITIONAL 13 WEEK EXTENSION WITH FEDERAL BENEFITS FOR 01:13:57.100 --> 01:13:59.100 INDIVIDUALS WHO EXHAUST A REGULAR UI BENEFITS DATING BACK TO 2019. WE 01:14:02.100 --> 01:14:04.100 CONTINUE TO ADD STAFF INCREASE CAPACITY 01:14:08.100 --> 01:14:10.100 AS WE CAN. OUR PARTNER CALL CENTERS 01:14:12.100 --> 01:14:14.100 CONTINUE TO INCREASE AGENTS AND THE SKILLS OF THOSE AGENTS HELP IMPROVE OUR 01:14:16.100 --> 01:14:18.100 CUSTOMER DELIVERIES. YESTERDAY, THEY HANDLE DOUBLE THE NUMBER OF CALLS 01:14:21.100 --> 01:14:23.100 COMPARED TO [INDISCERNIBLE] WHICH IS 01:14:24.100 --> 01:14:26.100 REALLY HELPING US ON THE BACKEND AS OUR EXPERIENCED STAFF CAN FOCUS ON HIGHLY 01:14:27.100 --> 01:14:29.100 SKILLED ASSIGNMENTS. CONTINUES TO WORK 01:14:37.100 --> 01:14:40.100 CLOSELY WITH COMMUNICATIONS FINANCE AND OPERATIONAL INSIGHTS ON MESSAGING OUTREACH AND DATA ANALYTICS FOR 01:14:40.100 --> 01:14:42.100 REDUCING AND PREVENTING UNNECESSARY COSTS TO THE CALL CENTERS. THIS WEEK WE 01:14:43.100 --> 01:14:45.100 ARE STARTING OUTBOUND CALLING OF FOLKS WHO WE BELIEVE MAY REQUIRE HIGH NEED 01:14:47.100 --> 01:14:49.100 SERVICES. WE ARE ALSO WORKING ON THE 2.0 01:14:57.100 --> 01:15:00.100 WHICH WILL HELP US COLLECT INDIVIDUAL INFORMATION THAT REALLY TIES INTO IDENTIFYING THOSE HIGH CUSTOMER NEEDS 01:15:01.100 --> 01:15:03.100 THAT WILL ALSO HELP WITH THE OUTREACH 01:15:05.100 --> 01:15:07.100 EFFORTS. UI IS ACTUALLY WORKING ON PLANS FOR THE TEXAS OPENING BACK UP FOR 01:15:10.100 --> 01:15:12.100 BUSINESS. UI AND IT ARE FINALIZING THE 01:15:13.100 --> 01:15:16.100 WEBSITE CAPTURING INFORMATION REGARDING JOB REFUSALS. WE'VE SEEN A BIG 01:15:19.100 --> 01:15:21.100 IMPROVEMENT IN OUR ASSIGNMENT 01:15:22.100 --> 01:15:24.100 PRODUCTIVITY WHICH IS ENABLING US TO SHIFT RESOURCES TO OTHER NEEDS SUCH AS 01:15:26.100 --> 01:15:28.100 PROCESSING [INDISCERNIBLE] AND HELPING 01:15:30.100 --> 01:15:32.100 BETTER AND ORGANIZE SOME OF THE CUSTOMER INQUIRIES COMING FROM ALL 01:15:33.100 --> 01:15:35.100 DIFFERENT DIRECTIONS. AGAIN, A BIG 01:15:37.100 --> 01:15:39.100 THANKS TO OUR VOLUNTEERS AND EXTERNALLY 01:15:45.100 --> 01:15:48.100 HELPING US MAKE BIG STRIDES IN IMPROVEMENT IN SERVICE DELIVERY THIS CONCLUDES MY UPDATE AND I'M HAPPY TO 01:15:48.100 --> 01:15:50.100 ANSWER QUESTIONS 01:15:51.100 --> 01:15:53.100 >> ARE THERE QUESTIONS? >> I HAVE A COMMENT, I WANT TO THANK 01:15:55.100 --> 01:15:57.100 CLAY FOR THE UPDATE AND THE GOOD INFORMATION HE PROVIDES US 01:16:00.100 --> 01:16:03.100 >> [INDISCERNIBLE] >> THANK YOU, CLAY >> GOOD MORNING COMMISSIONERS. 01:16:13.100 --> 01:16:15.100 [INDISCERNIBLE] DIVISION. CAN YOU HEAR 01:16:19.100 --> 01:16:21.100 ME OKAY? GOOD. I HAVE AN UPDATE FROM 01:16:24.100 --> 01:16:27.100 TWC WORKFORCE DIVISION IN COORDINATION WITH A NUMBER OF OTHER DIVISIONS IN THE 01:16:27.100 --> 01:16:29.100 AGENCY AND LOCAL WORKFORCE BOARDS ARE 01:16:31.100 --> 01:16:33.100 DOING [INDISCERNIBLE]. I WILL START 01:16:36.100 --> 01:16:38.100 WITH TWC ACTIVITY SPECIFICALLY. WE HAVE INCREASED SERVICE CAPACITY WORKING WITH 01:16:39.100 --> 01:16:41.100 THE DEPARTMENT OF OPERATIONAL INSIGHTS 01:16:43.100 --> 01:16:45.100 AND IT TO KNOW WHAT WE THINK NEEDS TO 01:16:47.100 --> 01:16:50.100 BE AND WE ARE WORKING TO MAKE SURE [INDISCERNIBLE] IS ADEQUATE TO HANDLE THE WORKLOAD WE KNOW. WE ARE ABOUT TO 01:16:50.100 --> 01:16:52.100 EXPERIENCE WE DID TESTING BEFORE 01:16:53.100 --> 01:16:55.100 IMPLEMENTING [INDISCERNIBLE] BUT THAT 01:17:00.100 --> 01:17:03.100 WAS UNDER NON-COVID-19 CIRCUMSTANCES. WE CONTINUE THE MESSAGE TO SOCIAL MEDIA SO PEOPLE KNOW HOW TO REACH OFFICES BOTH 01:17:09.100 --> 01:17:11.100 [INDISCERNIBLE] WE PUBLISHED A LIST OF TOP JOBS FOR EACH LOCAL WORKFORCE BOARD 01:17:27.100 --> 01:17:30.100 . THAT HAVE BEEN PUBLISHED IN THE LAST 30 OR SO DAYS SO THEY HAVE A GOOD IDEA OF WHAT EMPLOYERS ARE RAMPING UP AND 01:17:30.100 --> 01:17:33.100 HIRING RIGHT NOW AND WE HAVE INSTRUCTED THE BOARDS TO DIG INTO THOSE LISTS AND MAKE SURE THEY HELP EMPLOYERS GET 01:17:33.100 --> 01:17:36.100 REGISTERED AND WORK IN TEXAS. GET THE HELP THEY NEED IN RECRUITING AND HIRING AND BUILD SHORT-TERM TRAINING PROGRAMS 01:17:41.100 --> 01:17:44.100 WE PROVIDED SUPPLY AND DEMAND INFORMATION WITH THOSE LISTS AND ASK THE BOARDS TO BUILD SHORT-TERM TRAINING 01:17:44.100 --> 01:17:46.100 PROGRAMS TO BUILD UP THE WORKFORCE IN THE AREA IF THE LABOR MARKET DATA SHOWS 01:17:48.100 --> 01:17:50.100 WE HAVE A SHORTAGE IN AN AREA. WE 01:17:53.100 --> 01:17:56.100 DEVELOPED CHECKLIST AND PROVIDED THEM TO BOARDS FOR REOPENING WHEN THEY DECIDE TO REOPEN THEIR OFFICE. WE AS 01:17:56.100 --> 01:17:58.100 THEY GO THROUGH A CHECKLIST THAT 01:18:07.100 --> 01:18:10.100 ENSURES THE SAFETY AND HEALTH OF CUSTOMERS AND STAFF AND THEY SHARE THAT WITH US BEFORE OPENING SO WE CAN LOOK 01:18:10.100 --> 01:18:13.100 AT IT WITH OUR RISK TEAM AND MAKE SURE WE PROVIDE FEEDBACK IN AREAS WE THINK THEY NEED TO TAKE ANOTHER LOOK. WE ARE 01:18:20.100 --> 01:18:22.100 GUIDING STRATEGIES FOR SERVICE DELIVERY WITH THE BOARDS AND TROUBLESHOOTING 01:18:23.100 --> 01:18:25.100 ISSUES THEY RUN INTO BOTH WHILE THEY ARE WORKING VIRTUALLY IN ANTICIPATION 01:18:27.100 --> 01:18:29.100 OF RETURNING TO BRICKS AND MORTAR 01:18:30.100 --> 01:18:32.100 OFFICES. REGARDLESS OF WHETHER THEY ARE 01:18:34.100 --> 01:18:36.100 PROVIDING VIRTUAL SERVICES OR RETURNING 01:18:40.100 --> 01:18:43.100 TO OFFICES THERE IS AN INFLUX OF ACTIVITY COMING OUR WAY AS THE WORKFORCE SYSTEM IN EMPLOYERS REOPENING 01:18:43.100 --> 01:18:46.100 THEIR HIRING IN THE ECONOMY OPENS UP. WE ARE PROVIDING GUIDANCE ON STRATEGIES 01:18:49.100 --> 01:18:52.100 AND HELPING THEM TROUBLESHOOT. WE POSTED APPLICATIONS AND HAVE RECEIVED APPLICATIONS ON THE FUNDING YOU 01:18:54.100 --> 01:18:56.100 APPROVED. I WILL GIVE THOSE HIGHLIGHTS IN A MOMENT BUT WE QUICKLY GOT THAT 01:18:59.100 --> 01:19:01.100 INFORMATION TO THE ELIGIBLE APPLICANTS SO THEY COULD BEGIN APPLYING FOR THE 01:19:03.100 --> 01:19:05.100 [INDISCERNIBLE] FUNDING AND WE GOT THE 01:19:06.100 --> 01:19:08.100 GRANTS GOING OUT FOR THE DEPARTMENT OF 01:19:10.100 --> 01:19:12.100 LABOR DISASTER GRANTS THAT WAS 12 MILLION SO IN TOTAL WE HAVE 12 MILLION 01:19:15.100 --> 01:19:17.100 AND 10 MILLION [INDISCERNIBLE] IN 01:19:23.100 --> 01:19:26.100 DISASTER GRANT FUNDING WE ARE HEAVILY FOCUSING ON TRAINING AND ALL OF THOSE GRANT AWARDS THERE ARE REQUIRED 01:19:26.100 --> 01:19:28.100 ACTIVITIES SUCH AS SHORT-TERM EMPLOYMENT IN VERY VALUABLE EFFORTS 01:19:31.100 --> 01:19:34.100 SUCH AS PEOPLE CAN BE HIRED AND PAID TO DO SHORT-TERM WORK THROUGH THESE 01:19:37.100 --> 01:19:39.100 DISASTER GRANTS PROVIDING TRACING ACTIVITIES IN LOCAL COMMUNITIES WITH 01:19:41.100 --> 01:19:44.100 PUBLIC HEALTH THEY CAN WORK AT PUBLIC FOOD BANKS AND PROVIDE DRIVE IN PAID TO 01:19:51.100 --> 01:19:54.100 DRIVE AND PROVIDE MEDICATION. THERE'S A LOT OF VALUABLE ACTIVITY HAPPENING AND 01:19:58.100 --> 01:20:01.100 WE ARE HEAVILY FOCUSED TO MAKE SURE [INDISCERNIBLE] THE GRANT MANAGEMENT 01:20:03.100 --> 01:20:05.100 STAFF ARE VERY AGGRESSIVE, THEY ARE 01:20:06.100 --> 01:20:08.100 COVERT RELATED AND PROVIDED INFORMATION TO THE GRANTEES AND ALL OTHERS ABOUT 01:20:14.100 --> 01:20:17.100 THE INTEREST IN MAKING SURE THE RAMP UPS HAPPEN QUICKLY IF THEY NEED TO BUY SUPPORT EQUIPMENT FOR PECULIAR TRAINING 01:20:23.100 --> 01:20:25.100 [INDISCERNIBLE] AWARE THAT IF WE SEE THAT A GRANT CAN'T MEET ITS 01:20:34.100 --> 01:20:37.100 [INDISCERNIBLE] WE WILL QUICKLY MOVE AND COME TO YOU TO MOVE THAT FUNDING TO GRANTEES WHO HAVE A NEED AND ARE ABLE 01:20:37.100 --> 01:20:40.100 TO MEET THE DEMAND SO THAT'S A PRIORITY FOR US. THE BOARD IS TAKING A NUMBER OF 01:20:43.100 --> 01:20:45.100 STEPS TO OUTREACH EMPLOYERS SHARING INFORMATION ABOUT JOB CANDIDATES IN THE 01:20:49.100 --> 01:20:51.100 SYSTEM USING THE SYSTEM OR WHO DO WE 01:20:53.100 --> 01:20:56.100 KNOW OR HAVE THE SKILLS WE ARE LOOKING FOR THEY ARE PROVIDING VIRTUAL HIRING EVENTS AND OTHER VIRTUAL RESOURCES, 01:21:03.100 --> 01:21:05.100 MANY OFFICES AND PARTNERS HAVE NOT 01:21:11.100 --> 01:21:14.100 RETURNED TO WORK CONTINUING TO EXPAND THEIR VIRTUAL OPPORTUNITIES AND BUILDING SHORT-TERM TRAINING PROGRAMS I 01:21:14.100 --> 01:21:17.100 MENTIONED EARLIER AND MAKING THOSE AVAILABLE TO EMPLOYERS AND JOB SEEKERS AND THROUGH THE TOWN HALLS YOU HAVE 01:21:19.100 --> 01:21:21.100 POSTED, AND THEY ARE LOCALLY HOSTING 01:21:23.100 --> 01:21:25.100 WITH INVITES THEY ARE SHARING INFORMATION WITH SMALL BUSINESSES ABOUT 01:21:26.100 --> 01:21:29.100 THE COVERT SUPPORTS AVAILABLE. WRAPPING UP WITH THE BOARDS, IT'S ALL ABOUT 01:21:32.100 --> 01:21:34.100 TRAINING ALL ABOUT OUTREACH CLIENTS AND JOB SEEKERS TO MAKE SURE THEY HAVE AN 01:21:37.100 --> 01:21:40.100 APPLICATION READY, THE MESSAGE WE ARE TRYING TO SHARE WITH THE PUBLIC IS GEAR 01:21:40.100 --> 01:21:42.100 UP GET YOUR APPLICATION READY, GET YOUR 01:21:45.100 --> 01:21:47.100 RESUMES READY BECAUSE AS THE ECONOMY OPENS WE WILL BE LOOKING TO YOU TO 01:21:54.100 --> 01:21:56.100 BRING YOU ON BOARD. BOARDS ARE ALSO 01:21:57.100 --> 01:21:59.100 HIGHLIGHTING REPEATEDLY WHAT THEY ARE DOING ON SOCIAL MEDIA WHETHER IN THE 01:22:02.100 --> 01:22:05.100 OFFICE OR PLANNING SERVICES. THEY ARE CONTINUING TO HIGHLIGHT THAT WITH THE SOCIAL MEDIA AND LOCAL MEDIA. THEY HAVE 01:22:07.100 --> 01:22:09.100 LISTED JOBS NOW ON THE WORKFORCE 01:22:13.100 --> 01:22:15.100 WEBSITE. SO THAT THE PUBLIC WHEN THEY 01:22:18.100 --> 01:22:21.100 FIRST SEE THE WEBSITE CAN GATHER INFORMATION OF ALL THE SERVICES AVAILABLE PARTICULARLY THOSE WHERE 01:22:21.100 --> 01:22:23.100 HIRING IS TAKING PLACE NOW. WE ARE 01:22:39.100 --> 01:22:42.100 WORKING WITH THE OFFICE OF EMPLOYER INITIATIVES WHEN AN EMPLOYER CONTACTS DAILY HIS TEAM AND US WE LINK UP WITH 01:22:42.100 --> 01:22:45.100 DALES TEAM AND CONSIDER BEST WAYS TO LINK WITH AN EMPLOYER THROUGH TRAINING OPPORTUNITIES FOR OTHER FUNDING SOURCE 01:22:45.100 --> 01:22:48.100 AND IF THEY ARE IN NEED OF HIRING SUPPORT WE LINK THEM FOR A PHONE CALL TO THE BOARD AND WE HAVE HELPED MAKE 01:23:04.100 --> 01:23:07.100 THAT CONNECTION AND MAKE THE BOARD FOLLOW UP WITH US AND WE FOLLOW UP WITH THE EMPLOYER TO MAKE SURE NEEDS ARE 01:23:07.100 --> 01:23:10.100 BEING MET AND WE WANT TO MAKE SURE THOSE CONNECTIONS ARE STRONG AND WE ARE FOLLOWING THROUGH. CHERYL WILL TALK 01:23:10.100 --> 01:23:13.100 ABOUT WHAT WE ENCOURAGE THE BOARDS TO DO AS FAR AS A SYSTEM CHECK A TOP TO BOTTOM LOOK AT THEIR OPERATIONS AND HOW 01:23:13.100 --> 01:23:15.100 THEY ARE ENGAGING WITH THEIR PARTNERS. WE ARE ALSO IN THE WORKFORCE DIVISION 01:23:22.100 --> 01:23:25.100 LOOKING AT WORK IN TEXAS WHERE PEOPLE TEND TO GET HUNG UP WHETHER THE INITIAL REGISTRATION OF RESUMES AND 01:23:25.100 --> 01:23:28.100 TROUBLESHOOTING FOR PEOPLE THAT MIGHT NOT HAVE A LOT OF SKILLS IN RESUME BUILDING, WE ARE HELPING TO GET THROUGH 01:23:29.100 --> 01:23:31.100 THAT. OR GIVE THEM TIPS ON HOW TO DEAL WITH THAT. THE COVID-19 FUND, LAST WEEK 01:23:39.100 --> 01:23:42.100 WE FILLED OUT THE APPLICATION FOR THE FUNDING AS I MENTIONED EARLIER AND WE HAVE FOUR APPLICATIONS IN-HOUSE ALREADY. 01:23:43.100 --> 01:23:45.100 THOSE ARE FOCUSED ON TRAINING LAYOFF 01:23:48.100 --> 01:23:50.100 AVERSION AND RACKET RESPONSE. THESE 01:23:52.100 --> 01:23:54.100 GRANTS CAN HELP EMPLOYERS WITH ANY NUMBER OF EXPENSES TO TRY TO OFFSET 01:23:56.100 --> 01:23:58.100 COSTS RELATED TO PPE, PROVIDING 01:24:06.100 --> 01:24:09.100 INCUMBENT WORKER TRAINING AND WE'VE GOT AT LEAST ONE PROJECT IN-HOUSE FOR MANUFACTURING AND ELECTRONICS SO WE 01:24:09.100 --> 01:24:11.100 HAVE TWO SKILLS DEVELOPMENT FUNDING AND THOSE ARE INCUMBENT WORKER TRAINING 01:24:13.100 --> 01:24:16.100 PROGRAMS AND THESE FUNDS HAVE BEEN MADE AVAILABLE AS YOU KNOW TO TRY TO HELP 01:24:19.100 --> 01:24:21.100 EMPLOYERS WITH THEIR UPSCALE OR 01:24:29.100 --> 01:24:32.100 ORGANIZATION THAT CAN PROVIDE TRAINING TO EMPLOYERS THAT HAVE THE NEED SO WE WILL SEE HEALTHCARE SOFTWARE 01:24:32.100 --> 01:24:35.100 DEVELOPMENT AND INFORMATION TECHNOLOGY TRAINING COME IN WITH THAT. THERE'S A NUMBER OF GRANT ACTIVITIES UNDERWAY NOW 01:24:35.100 --> 01:24:38.100 BUT I WANTED TO GIVE YOU A HIGHLIGHT OF FUNDING WELL RECEIVED AND WE'VE GOT 01:24:41.100 --> 01:24:43.100 THESE APPLICATIONS IN-HOUSE AND MANY 01:24:45.100 --> 01:24:47.100 MORE IN DEVELOPMENT. HAPPY TO ANSWER ANY QUESTIONS 01:24:50.100 --> 01:24:52.100 >> ARE THERE QUESTIONS OR COMMENTS? 01:24:53.100 --> 01:24:55.100 >> THANK YOU FOR THE UPDATE 01:24:56.100 --> 01:24:58.100 >> COURTNEY, THANK YOU FOR WHAT YOU ARE 01:24:59.100 --> 01:25:01.100 DOING [INDISCERNIBLE] I APPRECIATE 01:25:03.100 --> 01:25:05.100 [INDISCERNIBLE] I WANT TO CIRCLE BACK 01:25:08.100 --> 01:25:10.100 ON THE VIRTUAL AT THIS TIME WE DO HAVE 01:25:11.100 --> 01:25:13.100 EMPLOYERS [INDISCERNIBLE] LOCATING TO 01:25:14.100 --> 01:25:16.100 TEXAS AND BUYING AVAILABLE LABOR 01:25:17.100 --> 01:25:19.100 EMPLOYEES TO WORK THERE [INDISCERNIBLE] 01:25:23.100 --> 01:25:26.100 THINGS ALONG THAT LINE [INDISCERNIBLE] BEST PRACTICES THAT MIGHT BE SO WE CAN 01:25:30.100 --> 01:25:32.100 SHARE THAT DIGITAL EMPLOYERS 01:25:37.100 --> 01:25:39.100 [INDISCERNIBLE] >> CHAIRMAN, IF I COULD ASK COURTNEY, I 01:25:40.100 --> 01:25:43.100 RECEIVED A NOTICE FROM THE MAYOR OF DESOTO ASKING FOR A VIRTUAL JOB FAIR SO 01:25:50.100 --> 01:25:52.100 I WAS WONDERING IF I COULD FORWARD THIS 01:25:53.100 --> 01:25:55.100 TO YOU THIS REQUEST AND YOU COULD 01:25:58.100 --> 01:26:00.100 INFORM THE LOCAL BOARD APPARENTLY THEY 01:26:04.100 --> 01:26:07.100 NEED SOME ASSISTANCE FROM OUR END SO IF THEY ARE ASKING FOR YOU TO REACH OUT >> YES PLEASE SEND THAT TO ME AND I 01:26:07.100 --> 01:26:09.100 WILL CONTACT YOU AFTER THE MEETING >> COURTNEY, THIS IS ED, WILL YOU 01:26:10.100 --> 01:26:12.100 DISCUSS THE DISLOCATED WORKER GRANT? 01:26:15.100 --> 01:26:17.100 >> I DID NOT HIGHLIGHT THAT. THOSE 01:26:21.100 --> 01:26:23.100 GRANTS ARE IN DEVELOPMENT. THAT IS A 01:26:25.100 --> 01:26:27.100 $12 MILLION GRANT THAT GOES TO 16 01:26:28.100 --> 01:26:30.100 WORKFORCE DEVELOPMENT BOARDS. I TALKED A LITTLE BIT ABOUT THE SHORT-TERM PAID 01:26:34.100 --> 01:26:36.100 WORK POSITIONS WITH THE TRACING ACTIVITY 01:26:39.100 --> 01:26:41.100 IN THE FOOD BANK WORK AND DELIVERING FOOD AND MEDICATION TO HOMEBOUND. 01:26:44.100 --> 01:26:47.100 THAT'S PART OF THAT GRANT AND IN ADDITION THE BOARDS WILL PROVIDE SHORT-TERM TRAINING FOR THOSE GRANTS. 01:26:49.100 --> 01:26:51.100 WE ARE STILL DEVELOPING SOME OF THE 01:26:53.100 --> 01:26:55.100 SPECIFICS ON THAT BUT WE ARE ENCOURAGING BOARDS IN ADDITION TO THE 01:26:58.100 --> 01:27:00.100 SHORT-TERM PAID WORK THE CITIES AND COUNTIES AND OTHER ORGANIZATION CAN 01:27:04.100 --> 01:27:06.100 BENEFIT FROM, THAT WE BUILD OUT 01:27:07.100 --> 01:27:10.100 SHORT-TERM TRAINING PROGRAMS BASED ON WHAT THEY KNOW ABOUT THE SUPPLY DEMAND IN THEIR AREA 01:27:11.100 --> 01:27:13.100 >> ARE WE BRINGING THAT BACK TO THE 01:27:14.100 --> 01:27:17.100 COMMISSION AFTER WE GET THOSE PLANS FROM THE BOARD? >> YES 01:27:17.100 --> 01:27:19.100 >> JENS TEAM IS FINALIZING THE PLANS 01:27:27.100 --> 01:27:30.100 WITH EACH OF THE 16 AND WE WILL BRING THAT FORWARD >> JEN IS ON IF YOU NEED.... 01:27:30.100 --> 01:27:32.100 >> I THINK SHE WOULD LIKE TO MAKE 01:27:43.100 --> 01:27:45.100 COMMENTS >> THAT'S ALL I NEED RIGHT NOW 01:27:49.100 --> 01:27:51.100 >> UNLESS THERE'S SOMETHING YOU NEED 01:27:54.100 --> 01:27:56.100 SPECIFICALLY, [INDISCERNIBLE] 01:28:01.100 --> 01:28:03.100 >> [INDISCERNIBLE] 01:28:07.100 --> 01:28:09.100 >> I BELIEVE JEN DOES HAVE THE AMOUNTS 01:28:13.100 --> 01:28:15.100 FOR YOU AND THE MORE SPECIFIC OVERVIEW IF YOU WOULD LIKE TO TAKE ACTION ON IT 01:28:16.100 --> 01:28:18.100 AND THAT WILL ALLOW US TO RELEASE THE 01:28:19.100 --> 01:28:21.100 AWARDS >> LET'S DO IT 01:28:31.100 --> 01:28:33.100 >> GOOD MORNING. WE CAN HEAR YOU >> EXCELLENT. OF THE 28 WORKFORCE 01:28:39.100 --> 01:28:41.100 BOARDS 16 HAVE REQUESTED ADDITIONAL ASSISTANCE TO THE DISLOCATION WORKER 01:28:43.100 --> 01:28:45.100 GRANT TO SERVE COMMUNITIES IMPACTED BY 01:28:47.100 --> 01:28:49.100 THE PANDEMIC. DISASTER GRANTS PROVIDE 01:28:52.100 --> 01:28:55.100 DISASTER RELIEF AND HUMANITARIAN ASSISTANCE AT WELLS EMPLOYMENT AND TRAINING SERVICES AS APPROPRIATE AND 01:28:59.100 --> 01:29:01.100 ECONOMIC IMPACT OF DECLARED [INDISCERNIBLE] THE BOARD SURE THERE 01:29:02.100 --> 01:29:04.100 [INDISCERNIBLE] AS WELL IS THE NUMBER OF PARTICIPANTS THROUGH THE GRANT.. 01:29:14.100 --> 01:29:17.100 STAFF WILL BRING REGULAR UPDATES TO THE COMMISSION ON THE PROGRESS OF THE AWARDS STAFF SEEKS APPROVAL ON THE USE 01:29:17.100 --> 01:29:19.100 OF $12 MILLION IN DISASTER DISLOCATED WORK FUNDS. FOR [INDISCERNIBLE] ANY 01:29:21.100 --> 01:29:24.100 QUESTIONS? >> QUESTIONS OR COMMENTS? >> OUR STAFF HAS BEEN BRIEFED ON THAT, 01:29:30.100 --> 01:29:33.100 CORRECT? >> YES >> THANK YOU 01:29:33.100 --> 01:29:36.100 >> I APPRECIATE REGULAR UPDATES. WHEN WE COME BACK NEXT WEEK, WE WOULD LIKE 01:29:41.100 --> 01:29:43.100 TO HAVE AN UPDATE ON HOW MANY OF 01:29:45.100 --> 01:29:47.100 TEMPORARY JOBS ARE FILLED AND A 01:29:48.100 --> 01:29:51.100 DISCUSSION ON ANY, HOW WE WOULD BRING THOSE DOLLARS TO TRAIN? 01:29:53.100 --> 01:29:56.100 >> OKAY SO THE GRANT AWARDS WILL GO OUT TODAY AS SOON AS WE'VE GOTTEN APPROVAL. 01:30:03.100 --> 01:30:06.100 THE TEMPORARY EMPLOYMENT WILL START HAPPENING IN THE NEXT SEVERAL WEEKS >> WE WILL REVISIT IT NEXT WEEK 01:30:06.100 --> 01:30:09.100 >> YES, SIR. >> THANK YOU >> WE NEED A MOTION 01:30:17.100 --> 01:30:19.100 >> I MOVE THAT WE APPROVED THE DISTRIBUTION OF 12 MILLION IN DISASTER 01:30:21.100 --> 01:30:24.100 DISLOCATED WORKER GRANT FUNDS FOR 16 BOARDS OUTLINED BY STAFF IN A MANNER 01:30:24.100 --> 01:30:27.100 CONSISTENT WITH THE INTENT OF THE GRANT >> SECOND 01:30:27.100 --> 01:30:29.100 >> IT HAS BEEN MOVED AND SECONDED NAM 01:30:31.100 --> 01:30:33.100 WE ARE UNANIMOUS >> THANK YOU 01:30:39.100 --> 01:30:41.100 >> LAST REPORT FROM CHERYL 01:30:42.100 --> 01:30:44.100 >> GOOD MORNING. CHERYL FULLER WITH THE 01:30:47.100 --> 01:30:49.100 VOCATIONAL REHABILITATION DIVISION. 01:30:52.100 --> 01:30:55.100 GOOD MORNING COMMISSIONERS. I'M HERE TO GIVE YOU AN UPDATE ON THE NEXT STEPS 01:30:59.100 --> 01:31:01.100 PLANNING TO IMPLEMENT AS WE ENTER THE 01:31:03.100 --> 01:31:05.100 RECOVERY PHASE FROM COVID-19. OUR PLAN 01:31:10.100 --> 01:31:13.100 HAS THREE BROAD CATEGORIES. ONE IS COMMUNICATION AND OUTREACH TO CUSTOMERS 01:31:13.100 --> 01:31:15.100 AND ANOTHER IS SYSTEM COORDINATION AND 01:31:18.100 --> 01:31:20.100 A SERVICE DELIVERY STRATEGY. I TALKED 01:31:21.100 --> 01:31:24.100 TO YOU WITH PAST UPDATES ABOUT THE COMMUNICATION AND OUTREACH TO THE CUSTOMERS AND PROVIDERS TO MAKE SURE 01:31:25.100 --> 01:31:28.100 THEY KNOW WE ARE OPEN AND PROVIDING SERVICES AND AVAILABLE. WHAT WE PLAN TO 01:31:31.100 --> 01:31:33.100 DO NOW AND MOVING FORWARD IS IN 01:31:37.100 --> 01:31:40.100 ADDITION TO KEEPING THAT COMMUNICATION UPDATED HAVE EVEN MORE TARGETED OUTREACH STRATEGIES SO WE CAN REACH OUT 01:31:41.100 --> 01:31:43.100 TO THE NEW CUSTOMERS THAT MAY NOT HAVE 01:31:47.100 --> 01:31:49.100 PARTICIPATED. CURRENT CUSTOMERS AS WELL 01:31:52.100 --> 01:31:55.100 AS FORMER CUSTOMERS AND A COUPLE OF WAYS WE ARE DOING THIS IS AS WE ARE TALKING TO BOTH APPLICANTS AS WELL AS 01:31:55.100 --> 01:31:57.100 CURRENT CUSTOMERS, WE ARE ASKING THEM 01:32:05.100 --> 01:32:08.100 IF THEY'VE HAD COVID-19 RELATED JOB LOSS AND IF SO WE ARE IDENTIFYING THAT IN THE SYSTEM AND THAT ALLOWS US TO 01:32:08.100 --> 01:32:10.100 RAPIDLY ENGAGE THEM WITH OPPORTUNITIES. 01:32:13.100 --> 01:32:16.100 WE ARE ALSO WORKING WITH DOI TO SEE WHAT SORT OF INFORMATION WE CAN GLEAN ABOUT THOSE WHO HAVE EXITED THE SYSTEM 01:32:17.100 --> 01:32:19.100 WHO MAY HAVE BEEN LAID OFF SO WE CAN 01:32:21.100 --> 01:32:23.100 REACH OUT TO THEM AND SEE IF THEY NEED THE SERVICES TO REENGAGE WITH 01:32:25.100 --> 01:32:27.100 EMPLOYMENT. WHEN IT COMES TO EMPLOYERS, 01:32:31.100 --> 01:32:33.100 WE ALSO PLAN TO COORDINATE COMMUNICATIONS TO UPDATE OUR AGENCIES 01:32:35.100 --> 01:32:37.100 CAMPAIGN TO FOCUS ON RESOURCES AND 01:32:39.100 --> 01:32:42.100 STRATEGIES THAT CAN SUPPORT EMPLOYERS AS THEY REOPEN AND REBUILD AND ENCOURAGE THEM TO DO SO BY ENGAGING A 01:32:47.100 --> 01:32:49.100 DIVERSE AND INCLUSIVE WORKFORCE. WE 01:32:50.100 --> 01:32:53.100 WANT TO MAKE SURE THAT INFORMATION FOR EMPLOYERS IS ACTIVE AND CURRENT AND SPEAKS TO THE NEEDS THEY MAY HAVE. WE 01:32:56.100 --> 01:32:58.100 ANTICIPATE THIS WILL MAINTAIN AWARENESS ABOUT THE REHIRE ABILITY PROGRAM AND 01:33:00.100 --> 01:33:02.100 BUILD MOMENTUM TO [INDISCERNIBLE] 01:33:05.100 --> 01:33:07.100 LAUNCH DATE. WITH REGARD TO SYSTEM 01:33:10.100 --> 01:33:13.100 COORDINATION IT'S INCREDIBLY IMPORTANT THAT AS WE CONTINUE TO BE GOOD PARTNERS TO THE REST OF THE PROGRAMS IN THE 01:33:15.100 --> 01:33:17.100 WORKFORCE CENTERS. ONE OF THE THINGS 01:33:20.100 --> 01:33:23.100 COURTNEY AND I HAVE PARTNERED TOGETHER TO DO IS ASK A BOARDS AND STAFF TO DO WHAT YOU REFER TO AS A SYSTEMS CHECK. 01:33:26.100 --> 01:33:28.100 AS WE SEE AN INCREASE IN INDIVIDUALS THAT ARE LOOKING FOR WORK TO REENGAGE 01:33:32.100 --> 01:33:34.100 IN THE WORKFORCE, IT'S VERY IMPORTANT 01:33:36.100 --> 01:33:39.100 THAT IF THEY NEED A PARTICULAR SERVICE THEY CAN GET TO IT TIMELY AND EFFICIENTLY SO WE'VE ASKED THE BOARD 01:33:41.100 --> 01:33:43.100 AND PARTNERS TO DO ASSISTANCE CHECK TO 01:33:44.100 --> 01:33:46.100 MAKE SURE THERE IS NO PROBLEM GETTING 01:33:47.100 --> 01:33:49.100 CUSTOMERS TO VR OR OTHER PROGRAMS WHEN 01:33:51.100 --> 01:33:53.100 THEY CALL IN SO ARE WE IN THE CALL TREE 01:33:55.100 --> 01:33:57.100 FOR EXAMPLE, HIS STAFF FULLY PREPARED WITH THE INFORMATION THEY NEED TO 01:34:00.100 --> 01:34:02.100 SMOOTHLY REFER, IS THE ASSIGNMENT IN THE CENTER AS WE SEE CUSTOMERS TO KNOW 01:34:06.100 --> 01:34:08.100 WHAT'S THERE FOR THEM. ALSO ON WEBSITES 01:34:11.100 --> 01:34:13.100 IS INFORMATION READILY AVAILABLE SO WE CAN GET FOLKS THAT MAY BE ELIGIBLE FOR 01:34:15.100 --> 01:34:17.100 SERVICES SO WE CAN HELP THEM REENGAGE WITH THE WORKFORCE AS QUICKLY AS 01:34:20.100 --> 01:34:23.100 POSSIBLE. FINALLY LOOKING AT REFERRAL PROCESS IS MAKING SURE FOR EACH OF THE 01:34:26.100 --> 01:34:28.100 PROGRAMS WE ARE PARTICULARLY NOT ONLY 01:34:31.100 --> 01:34:34.100 WHAT CAN WE GET THOSE REFERRALS IN TIME TO RESPOND FROM OTHER PARTNERS BUT WE CAN MAKE THEM THROUGH OTHER PROGRAMS 01:34:34.100 --> 01:34:37.100 THAT MAY BENEFIT OUR CUSTOMERS. OUR THIRD STRATEGY IS AROUND SERVICE 01:34:41.100 --> 01:34:44.100 DELIVERY. WE ARE TALKING TO OUR STAFF TO MAKE SURE WE ARE READY TO 01:34:44.100 --> 01:34:47.100 PROACTIVELY PARTNER WITH THE BOARDS AS THEY BEGIN TO HOLD HIRING EVENTS. LIKE 01:34:58.100 --> 01:35:01.100 THOSE VIRTUAL JOB FARES OR OTHER ACTIVITIES TO MAKE SURE WE ARE THERE TO BE A RESOURCE AND ARE ABLE TO TELL 01:35:02.100 --> 01:35:04.100 CUSTOMERS ABOUT OPPORTUNITIES. WE ARE LOOKING AT SERVICE DELIVERY STRATEGIES 01:35:05.100 --> 01:35:07.100 LIKE [INDISCERNIBLE] EXPERIENCE THIS MAY BE PARTICULARLY HELPFUL FOR 01:35:08.100 --> 01:35:10.100 CUSTOMERS AS THEY ENGAGE IN WORK AND IT 01:35:14.100 --> 01:35:16.100 CAN BE AN EFFECTIVE STRATEGY NOT ONLY FOR YOUTH BUT ADULTS WHO MAY NEED 01:35:19.100 --> 01:35:22.100 ADDITIONAL SUPPORT DUE TO THE NATURE OF THE DISABILITY OR LACK OF WORK 01:35:22.100 --> 01:35:24.100 EXPERIENCE OR WORK EXPERIENCE IN 01:35:26.100 --> 01:35:29.100 ANOTHER FIELD. NOW THEY ARE TRYING TO GO INTO A FIELD THEY DON'T HAVE THAT MUCH EXPERIENCE IN. WE ARE ALSO LOOKING 01:35:32.100 --> 01:35:35.100 AT THE JOB PLACEMENT AND TRAINING ACTIVITIES THAT PROVIDERS DELIVER FOR 01:35:39.100 --> 01:35:41.100 CUSTOMERS. YOU ARE AWARE THAT SEVERAL 01:35:42.100 --> 01:35:44.100 WEEKS AGO WE IMPLEMENTED TEMPORARY ARE EXCEPTIONS TO THE STANDARDS FOR 01:35:46.100 --> 01:35:48.100 PROVIDERS IN THE VR SERVICE MANUAL TO 01:35:50.100 --> 01:35:53.100 SUPPORT REMOTE DELIVERY. THIS HAS BEEN AN INCREDIBLE LEARNING EXPERIENCE AND SOME OF THE THINGS WE LEARNED IS MAYBE 01:35:57.100 --> 01:36:00.100 WE NEED TO TAKE SOME OF WHAT WE ARE DOING FORWARD BECAUSE IT IS MORE 01:36:03.100 --> 01:36:05.100 EFFICIENT. REMOTE SERVICE DELIVERY FOR PROVIDERS MAKES SENSE FOR CUSTOMERS SO 01:36:09.100 --> 01:36:11.100 WE ARE EVALUATING THOSE EXCEPTIONS TO SEE WHAT WE'VE LEARNED AND WHAT MAY 01:36:13.100 --> 01:36:15.100 NEED TO STAY BECAUSE IT OPENS UP ADDITIONAL OPPORTUNITIES WHICH WILL BE 01:36:17.100 --> 01:36:19.100 VERY IMPORTANT. WE ARE ALSO LOOKING AT 01:36:21.100 --> 01:36:23.100 TARGETED TRAINING SERVICES. SOME OF OUR 01:36:28.100 --> 01:36:31.100 CUSTOMERS DUE TO THE NATURE OF THE DISABILITY MAY NEED ADDITIONAL INSTRUCTION ON SOCIAL DISTANCING OR HOW 01:36:31.100 --> 01:36:33.100 TO ENGAGE IN REMOTE SERVICE DELIVERY SO WE ARE LOOKING AT HOW TO DEVELOP SINCE 01:36:39.100 --> 01:36:42.100 SPECIFIC TRAINING SERVICES THAT PROVIDERS CAN DELIVER TO MAKE SURE CUSTOMERS ARE PREPARED AS POSSIBLE. 01:36:47.100 --> 01:36:50.100 WITH BOTH REMOTE WORK AND REMOTE SERVICE DELIVERY WE ARE LEARNING SO MUCH. WE ARE LEARNING SOME THINGS THAT 01:36:52.100 --> 01:36:54.100 PROBABLY WE'D LOVE TO LEARN ANOTHER WAY. 01:36:57.100 --> 01:36:59.100 CERTAINLY POINT US TO HOW WE CAN DO A BETTER JOB IN THE FUTURE. WITH BEING 01:37:03.100 --> 01:37:05.100 FLEXIBLE AND USING TECHNOLOGY TO BOTH WORK AND SERVE OUR CUSTOMERS. WE WILL 01:37:09.100 --> 01:37:12.100 CONTINUE TO DO THAT AND MAKE SURE WE ARE KEEPING WHAT WE HAVE LEARNED AND IT'S WORKING WELL. 01:37:16.100 --> 01:37:18.100 >> COMMENTS OR QUESTIONS? 01:37:20.100 --> 01:37:22.100 >> GREAT WORK >> LET ME KNOW HOW YOU DO ON THE 01:37:23.100 --> 01:37:26.100 EMPLOYER SIDE >> WILL DO THANK YOU >> THANK YOU 01:37:28.100 --> 01:37:30.100 >> DO WE HAVE ANYTHING ELSE TO REPORT 01:37:34.100 --> 01:37:36.100 TODAY? >> WE HAVE ONE LITTLE REPORT UNDER 01:37:39.100 --> 01:37:41.100 [INDISCERNIBLE] >> I'M SHOWING WE ARE THROUGH WITH THIS 01:37:42.100 --> 01:37:44.100 AGENDA ITEM >> LET'S GO TO THE DIRECTOR'S REPORT 01:37:45.100 --> 01:37:47.100 >> WE DID OPEN THE MAIN BUILDING TO THE 01:37:49.100 --> 01:37:51.100 PUBLIC, WE'VE HAD SOME PEOPLE COME 01:37:54.100 --> 01:37:56.100 VISIT [INDISCERNIBLE] WE SET UP THE 01:37:58.100 --> 01:38:00.100 APPROPRIATE PROTOCOL FOR MAKING SURE THEY REMAIN SAFE AND EMPLOYEES WORKING 01:38:02.100 --> 01:38:05.100 WITH THEM [INDISCERNIBLE] REMAIN SAFE. IT ALL SEEMS TO BE GOING VERY WELL. 01:38:09.100 --> 01:38:12.100 ALSO WANT TO REPORT WE WILL CONTINUE TO ENCOURAGE STAFF TO TELEWORK WHEN 01:38:13.100 --> 01:38:15.100 POSSIBLE UNTIL WE GET THE BUILDING THE 01:38:18.100 --> 01:38:20.100 RIGHT AMOUNT OF SOCIAL DISTANCING. 01:38:24.100 --> 01:38:26.100 CERTAIN COMMON AREAS. WE CONTINUE TO 01:38:28.100 --> 01:38:31.100 WORK ON THAT AND WE WILL SLOWLY BRING STAFF BACK IN AND WE CONTINUE TO WORK 01:38:33.100 --> 01:38:36.100 AT FULL FORCE AND ALL THE SERVICES WE NORMALLY PROVIDE FOR THE EMERGENCY, WE 01:38:39.100 --> 01:38:41.100 WILL DO THAT AFTER THE EMERGENCY 01:38:43.100 --> 01:38:45.100 [INDISCERNIBLE] >> THANK YOU VERY MUCH, ANY QUESTIONS 01:38:47.100 --> 01:38:50.100 FOR ED? >> NO QUESTIONS >> NONE HERE 01:38:50.100 --> 01:38:52.100 >> IS THERE ANY OTHER ORDER OF BUSINESS 01:38:53.100 --> 01:38:55.100 THAT SHOULD COME BEFORE THE COMMISSION 01:38:59.100 --> 01:39:02.100 TODAY? MOTION TO ADJOURN? >> I MOVE TO ADJOURN >> SECOND 01:39:04.100 --> 01:39:06.100 >> WE ARE UNANIMOUS AND WE ARE 01:39:08.100 --> 01:39:10.100 ADJOURNED. THANK YOU