WEBVTT

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>> GOOD MORNING COMMISSIONERS WES
TROLL MAN GENERAL COUNCIL. WE DO

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HAVE ONE PERSON WHO WILL PROVIDE

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PUBLIC COMMENT AT THE OUTSET THIS
MORNING. THE REMAINDER OF COMMENTERS

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WILL PRESENT DET ITEM WHICH IS LATER

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ON IN OUR POLICY. FOR OUR PUBLIC

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COMMENT SECTION WE HAVE JACQUELYN
JACKSON. GO AHEAD AND UNMUTE

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YOURSELF AND INTRODUCE YOURSELF FOR
THE RECORD AND BEGIN.

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>> GOOD MORNING. MY NAME IS
JACQUELYN JACKSON. I LIVE IN DALLAS,

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TEXAS. AND I AM SPEAKING ON BEHALF
OF A LOT OF COMPLAINANTS THAT I HAVE

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NOTICED HAVE HAPPENED WITH
UNEMPLOYMENT CLAIMS. AND I WOULD

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LIKE TO KIND OF BRING THIS TO
EVERYONE'S ATTENTION SO THAT MAYBE IT

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CAN BE BROUGHT UP IN ANOTHER MEETING
OR IT CAN BE TAKEN CARE OF IF IT'S

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NOT ALREADY BEEN BEING LOOKED AT.

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CAN I GIVE YOU A LITTLE BIT OF WHAT

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I'M SEEING HAPPENING AND WHAT HAVE
HAPPENED TO A LOT OF OUR COMPLAINANT?

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>> YES, PLEASE PROCEED.
>> WELL BACK IN DECEMBER OF LAST YEAR

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WHEN THE EXTENSION FOR THE

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UNEMPLOYMENT PEUC WAS BEING HELD UP

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FOR A FEW DAYS AND FORMER
PRESIDENT TRUMP WENT ON AND SIGNED IT

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AND I BELIEVE IT WAS DECEMBER 27 TO
28, A LOT OF US WAS ON PEUC. AND HAD

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NOT APPLIED FOR ANY OTHER BENEFITS.

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WE'RE JUST SITTING THERE WAITING FOR
THE EXTENSION. AND THE SYSTEM AT THE

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BEGINNING OF JANUARY AFTER THE BILL
WAS SIGNED, IT DID NOT ALLOW A LOT OF

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US TO RECEIVE 11 WEEKS OF ADDITIONAL

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BENEFITS THAT WERE SIGNED INTO LAW IN
2020. IT ACTUALLY PUT A LOT OF

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PEOPLE INTO THE ED, WHICH IS THE
STATE, YOU KNOW, BENEFIT. WHICH WAS

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OKAY AT THE TIME, BECAUSE I WAS TOLD

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THAT THE SYSTEM WILL AUTOMATICALLY
ONCE YOU EXHAUST ALL YOUR EXTENDED

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BENEFITS WOULD AUTOMATICALLY TAKE YOU
BACK TO THE PEUC, ABOUT WHICH IT DID.

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AND A LOT OF US RECEIVED ADDITIONAL
WEEKS PLUS THE NEW WEEKS THAT WAS

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SIGNED INTO LAW MARCH 2021. HERE'S

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THE PROBLEM I SEE FROM TALKING TO A
LOT OF PEOPLE IN THE UNEMPLOYMENT

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WORLD IS THAT BECAUSE THE NOW THE

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PEUC BENEFITS HAS ENDED AS OF JUNE

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26TH, THEY HAVE ALREADY RECEIVED
EXTENDED BENEFITS NOT OF OUR CHOICE

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BUT CHOICE OF THE SYSTEM FOR NOT
ADDING THE 11 WEEKS THAT WAS IN LAW

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BEFORE JANUARY THE 1ST. SO NOW

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PEOPLE ARE AT THE POINT WHERE IF YOU
RECEIVE ANYWHERE FROM JANUARY THE 1ST

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AND MAYBE THE FIRST SECOND WEEK OF
JANUARY THEY CAN NO LONGER RECEIVE

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THE STATE EXTENDED BENEFITS, WHICH

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ALLOW UNEMPLOYED PEOPLE ARE NOW BEING

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PLACED ON. SO MY CONCERN I'M
SPEAKING OUT ON OUR BEHALF A LOT OF

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OUR BEHALF IS THAT I BELIEVE IT MAY

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HAVE BEEN A SYSTEM PROBLEM AT THE
TIME, BECAUSE THE NEW 11 WEEKS

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ASSIGNED SO MUCH LATER THAN WHAT WE
WERE EXPECTING IT TO BE THAT THE

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SYSTEM AUTOMATICALLY DID NOT WANT US

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TO NOT RECEIVE PAYMENTS OR JUST
SWITCHED OVER. BUT THAT PROBLEM I

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CALLED IN ABOUT SO MANY TIMES IN
JANUARY 2021 AND WAS TOLD HEY WORK

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ITSELF OUT WHICH LIKE I DID MENTION
IT DID. BUT HERE'S THE PROBLEM THE

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PEOPLE ARE NOT GOING TO GET ED NOW

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THAT'S ELDER BEFORE UNLESS SOMETHING
IN THE SYSTEM FIX AND SAY HEY WE

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SHOULD HAVE NEVER BEEN MOVED FROM
PEUC, BECAUSE THE 11 WEEKS WERE IN

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PLACE. SO I JUST WANT TO BRING THAT
TO THE ATTENTION OF EVERYONE LET YOU

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KNOW A LOT OF FOLKS CLAIMS ARE JUST
SITTING THERE BECAUSE OF THE FACT

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THEY HAVE THE ED. SO THAT'S WHAT I

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JUST WANTED TO LET EVERYONE KNOW THAT
I'M HEARING IT FROM A LOT OF PEOPLE.

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AND THANK YOU ALL FOR LISTENING TO
ME.

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>> THANK YOU MISS JACKSON. AND WE'LL
HEAR FROM THE REMAINDER OF THE

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COMMENTERS ITEM NO. 8 AND THAT'S WHAT

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WE HAVE.
>> GOOD MORNING MISS MILLER.
>> GOOD MORNING MR. CHAIRMAN.

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>> OKAY. AGENDA ITEM NO. 3 NO CASES
FOR CONSIDERATION.

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>> NONE.
>> [INDISCERNIBLE] NO TAX BASIS ITEM

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27.
>> [INDISCERNIBLE].
>> HOUSES.

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>> NO, SIR.
>> ITEM 6 MINIMUM WAGE DOCKET FOR

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ADDITIONAL DISCUSSION.

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>> [INDISCERNIBLE] REMAINING WAGE
CLAIM BASIS.

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>> I SECOND THE MOTION EXCEPT FOR
THOSE CASES ON WHICH I'M DISSENTING

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AS REFLECTED ON THE WAGE CLAIM SHORT
FORM DISSENT LIST FOR DOCKET 27.

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>> I CONCUR WITH THE CHAIRMAN'S
MOTION ACCEPTING [INDISCERNIBLE]
SHORT FORM DISSENT LIST DOCKET 27.

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>> MOTION PASSES WITH EXCEPTIONS
NOTED.
>> THANK YOU.

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>> MOVE TO AGENDA ITEM 7.
[INDISCERNIBLE] DOCKET 27.

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>> CASE NO. 2593590. COMMISSIONER

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ALVAREZ.
>> THE DECISION SHOULD BE MODIFIED.
I DO NOT DISPUTE THE GOOD CAUSE

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RULING WITH REGARD TO THE JOB
SEPARATION. THERE IS NO FACTUAL

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DISPUTE WITH REGARD TO THE JOB
SEPARATION. THE CLAIMANT TOOK

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APPROVED TIME OFF. THE CLAIMANT
RETURNED FROM THAT TIME OFF AS
SCHEDULED, BUT THE EMPLOYER FILLED

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HER POSITION AND HAD NO HOURS TO

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OFFER THE CLAIMANT WHEN SHE RETURNED.
THE CLAIMANT FILED HER INITIAL CLAIM
WHEN THE EMPLOYER FAILED TO RETURN

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HER TO HER SCHEDULE AFTER HER
APPROVED TIME OFF. MODIFY THE AT.
NO GOOD CAUSE FOR CLAIMANT'S

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NONAPPEARANCE. NO MISCONDUCT. NO
CHARGE BACK. DISASTER.

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>> WE SHOULD MODIFY THE FIELD
TRIBUNAL DECISION. BECAUSE THE

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CLAIMANT PROVIDED CWC WITH AN
INCORRECT PHONE NUMBER AND WAS NOT

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PREVENTED FROM PARTICIPATING IN THE
HEARING DUE TO CIRCUMSTANCES BEYOND

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HER CONTROL I AGREE THAT THE CLAIMANT
DID NOT ESTABLISH GOOD CAUSE FOR
NONAPPEARANCE. REGARDING THE JOB

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SEPARATION BECAUSE OF THE EMPLOYER
EVIDENCE FROM THE FIRST HEARING

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INDICATES THE CLAIMANT LEFT THE JOB
FOR PERSONAL REASONS WHICH WERE NOT

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CONNECTED WITH THE WORK THE CLAIMANT
SHOULD REMAIN DISQUALIFIED FOR

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BENEFITS. MODIFY THE AT DECISION.
THE CLAIMANT DID NOT HAVE GOOD CAUSE

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FOR NONAPPEARANCE. VOLUNTARY
LEAVING. NO CHARGE BACK.

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[INDISCERNIBLE].
>> REVERSE THE AT CLAIMANT

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ESTABLISHED GOOD CAUSE FOR AT.

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>> MAJORITY VOTE COMMISSIONER
ALVAREZ.

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>> I WOULD AGREE TO GOOD CAUSE AND

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RESUBMIT.
>> THANK YOU.

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>> CASE NO. 2649106. COMMISSIONER

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DEMERSON.
>> THE AT DECISION SHOULD BE MODIFIED

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AS TO THE EFFECTIVE DATE OF THE

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INITIAL CLAIM. I AGREE THAT THE
CLAIMANT FILED A VALID INITIAL CLAIM

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ON SUNDAY MAY 31ST 2020, BECAUSE AS

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OF THAT DATE HE'S NO LONGER WORTHY OR

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ON PAY STATUS. HOWEVER THERE'S NO
REASON VALID REASON THAT DATE CLAIM

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SHOULD BE PROCEEDING SUNDAY MAY 24,
2020 SINCE HE FILED HIS CLAIM ON

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SUNDAY MAY 31ST 2020 AND HE WAS STILL

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ON PAY STATUS THROUGH THE PREVIOUS
WEEK AND WAS PAID FOR THE WEEK

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PROCEEDING ACTUALLY CLAIM FILING DATE
WAS SUFFICIENTLY HIGH THAT HE WOULD

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NOT HAVE BEEN CONSIDERED PARTIALLY
UNEMPLOYED. THEREFORE HIS EFFECTIVE

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CLAIM DATE SHOULD BE ON THE DAY HE
ACTUALLY FILED THE CLAIM WHICH WAS ON

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SUNDAY MAY 31ST 2020. I AGREE WITH

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THE MEMO REGARDING THE EARNINGS AND
REASONABLE ASSURANCE ISSUE SINCE HE

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MAY HAVE RECEIVED TWO WAGES DURING
THE SUMMER BREAK. AND HE

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ACKNOWLEDGED THAT DURING THE SUMMER
BREAK IN 2020 HE HAD REASONABLE

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ASSURANCE OF RETURNING TO THE SAME
JOB IN THE FALL. ACCORDINGLY WE

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SHOULD MODIFY THE AT DECISION. THE
CLAIMANT FILED A VALID CLAIM BUT THE

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EFFECTIVE CLAIM DATE SHOULD BE MAY

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31ST 2020 AND SEND A MEMO TO UIA IN

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ORDER REGARDING EARNINGS
[INDISCERNIBLE].

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>> I WOULD AGREE WITH COMMISSIONER
DEMERSON.
>> AGREE.

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>> THANK YOU. WE HAVE UNANIMOUS
DECISION.

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>> CASE NO. 2678250. COMMISSIONER

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ALVAREZ.
>> THE DECISION SHOULD BE REVERSED.
THE CLAIMANT WAS THE ONLY PARTY

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PROVIDING SWORN TESTIMONY. THE
CLAIMANT DENIED THAT SHE WAS RUDE TO

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A CUSTOMER. THE EMPLOYER REQUIRED
THE CLAIMANT TO COMPLETE ONLINE

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ORDERS BEFORE HELPING CUSTOMERS IN
THE RESTAURANT. THE CLAIMANT

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EXPLAINED SHE WAS COMPLETING AN
ONLINE ORDER AND APOLOGIZED TO THE

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CUSTOMER. THE CLAIMANT'S SWORN
TESTIMONY CARRIES GREATER WEIGHT THAN

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THE ANONYMOUS HEARSAY OFFERED BY THE
EMPLOYER. COMPLYING WITH THE

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EMPLOYER'S POLICY TO COMPLETE ONLINE
ORDERS FIRST WAS NOT MISCONDUCT

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CONNECTED WITH THE WORK. REVERSE THE

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AT NO MISCONDUCT CHARGE BACK.
>> WE SHOULD AFFIRM THE DECISION.

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THE CLAIMANT WAS DISCHARGED AFTER THE

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EMPLOYER RECEIVED ANOTHER CUSTOMER
COMPLAINT ABOUT HER RUDE ATTITUDE.

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BEFORE POLICY REQUIRED EMPLOYERS TO
PROVIDE EXCELLENT CUSTOMER SERVICE

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INCLUDING BEING POLITE TO EVERY
CUSTOMER. BECAUSE THE CLAIMANT HAD

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PRIOR WARNINGS FOR ATTITUDE WE SHOULD

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AFFIRM THE AT DECISION MISCONDUCT NO
CHARGEBACK.

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>> AFFIRM THE AT MISCONDUCT NO CHARGE

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BACK.
>> SHORT FORM DISSENT.
>> YES COMMISSIONER ALVAREZ.

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>> CASE NO. 2680800. COMMISSIONER

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ALVAREZ.
>> THE DECISION SHOULD BE REVERSED.

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WHEN HE WAS LAID OFF BY THE EMPLOYER
THE CLAIMANT WAS PAID ONE THIRD OF

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HIS PRIOR SALARY FOR SIX MONTHS IN

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EXCHANGE FOR SIGNING AN AGREEMENT
THAT INCLUDED A GENERAL RELEASE OF

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CLAIMS. WHILE THE CLAIMANT RECEIVED
POST SEPARATION PAY THE PAYMENT WAS

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ONLY ONE THIRD OF HIS PRIOR SALARY.

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IT THEREFORE WAS NOT EQUIVALENT TO

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HIS PRIOR PAY AND SHOULD NOT BE
CONSIDERED DISQUALIFYING SEVERANCE
PAY. REVERSE THE AT. NO SEVERANCE

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DISQUALIFICATION. NO OVERPAYMENT.
>> WE SHOULD REVERSE THE APPEAL

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DECISION BECAUSE THE CLAIMANT WAS
RECEIVING 33% OF HIS NORMAL WAGES AS

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PART OF HIS SEPARATION PACKAGE. THE

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REMUNERATION DID NOT DISQUALIFY THE
SEVERANCE. WE SHOULD REVERSE THE AT

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DECISION. NO SEVERANCE
DISQUALIFICATION. NO OVERPAYMENT.
HOWEVER, WE SHOULD SEND THE MEMO TO

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INVESTIGATE THE CLAIMANT'S UNREPORTED
WAGES RECEIVED AS PART OF THE

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SEPARATION AGREEMENT.
>> REVERSE THE AT NO SEVERANCE

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DISQUALIFICATION NO OVERPAYMENT AND
I'D ALSO LIKE THE MEMO TO THE

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[INDISCERNIBLE].

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>> THANK YOU. WE HAVE UNANIMOUS
DECISION. WE WILL SEND.

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>> CASE NO. 2697082. COMMISSIONER

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DEMERSON.
>> APPEAL TRIBUNAL DECISION SHOULD BE

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MODIFIED. THE CLAIMANT WAS SEPARATED
FROM WORK DUE TO ATTENDANCE ISSUE.

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HOWEVER, IT APPEARS THE CLAIMANT'S
FINAL ABSENCE WAS DUE TO ILLNESS. AS

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SUCH SHOULD BE QUALIFIED FOR BENEFITS
AND THE EMPLOYER SHOULD BE PROTECTED

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FROM CHARGE UNDER MEDICAL SEPARATION
ANALYSIS. WE SHOULD THEREFORE MODIFY

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THE AT DECISION. NO MISCONDUCT. NO
CHARGE BACK.

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>> MISS MILLER, I WOULD AGREE WITH
COMMISSIONER DEMERSON.

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>> AGREE.

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>> THANK YOU. WE HAVE UNANIMOUS
DECISION.
>> CASE NO. 2714498. COMMISSIONER

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ALVAREZ.
>> THE DECISION IS NOT SUPPORTABLE.
THE CLAIMANT SEVERANCE WAS BASED ON

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THE EMPLOYER'S PRE-EXISTING SEVERANCE

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AGREEMENT. AS SUCH THE PAYMENT WAS
BASED ON A WRITTEN CONTRACT

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NEGOTIATED PRIOR TO THE CLAIMANT
SEPARATION AND IS NOT DISQUALIFYING.

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REVERSE THE AT SEVERANCE ELIGIBLE.

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>> WE SHOULD AFFIRM THE APPEAL
TRIBUNAL DECISION. THE CLAIMANT

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RECEIVED A SEVERANCE PAYMENT FROM THE
EMPLOYER WHICH IS CALCULATED TO A
TOTAL OF 17.52 WEEKS OF PAY FOR THE

00:11:30.100 --> 00:11:33.100
CLAIMANT. THIS SEVERANCE PAY
DISQUALIFY HIM SINCE IT DID NOT FALL

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UNDER ANY OF HIS SUBJECTS SECTION
207.049B OF THE ACT. THEREFORE, WE

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SHOULD AFFIRM THE AT DECISION,
DISQUALIFYING SEVERANCE. NOVEMBER

00:11:43.100 --> 00:11:45.100
22ND, 2020 THROUGH MARCH 27, 2021.

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>> REVERSE THE AT NO SEVERANCE
DISQUALIFICATION.

00:11:51.100 --> 00:11:53.100
>> YES, SIR, COMMISSIONER DEMERSON.

00:11:56.100 --> 00:11:58.100
>> CASE NO. 2718422. COMMISSIONER

00:12:00.100 --> 00:12:03.100
ALVAREZ.
>> THE AT DECISION SHOULD BE
MODIFIED. THE CLAIMANT STOPPED

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WORKING FOR THE EMPLOYER WHEN HER
HOUSE WAS DESTROYED IN HURRICANE

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LAURA. SHE WAS FORCED TO MOVE AWAY
FROM THE AREA IN WHICH SHE WORKED AS

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A RESULT OF THE DISASTER. THE
CLAIMANT WAS INVOLUNTARILY SEPARATED

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DUE TO URGENT COMPELLING NECESSARY
CIRCUMSTANCES AND SHOULD NOT BE

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DISQUALIFIED. SINCE THE SEPARATION
WAS CAUSED BY NATURAL DISASTER, THE

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EMPLOYER'S ACCOUNT SHOULD BE
PROTECTED. MODIFY THE AT NO

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VOLUNTARY LEAVING. URGENT COMPELLING

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NECESSARY NO CHARGE BACK DUE TO
DISASTER.

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>> WE SHOULD AFFIRM THE APPEAL
TRIBUNAL DECISION. AFTER THE

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EMPLOYER GRANTED THE CLAIMANT A
2-WEEK PERSONAL LEAVE, THE CLAIMANT

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THEN RETURNED TO THE JOB FOR A FEW
WEEKS. HOWEVER, SHE THEN SIMPLY

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STOPPED REPORTING TO WORK AND DID NOT
RETURN. THE CLAIMANT DID NOT

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ESTABLISH SHE HAD GOOD CAUSE FOR
LEAVING HER POSITION. THEREFORE WE

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SHOULD AFFIRM THE AT. VOLUNTARY
LEAVING. NO CHARGE BACK.

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>> AFFIRM THE AT. VOLUNTARY LEAVING.

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NO CHARGE BACK.
>> SHORT FORM DISSENT.

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>> YES, SIR COMMISSIONER ALVAREZ.
>> CASE NO. 2730640. CHAIRMAN

00:13:09.100 --> 00:13:12.100
DANIEL.
>> THE WORK WAS NOT AN EMPLOYMENT.
SO THERE WAS NO SEPARATION. AND THE

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UNDERLYING RULING IS VOID. THE
CLAIMANT'S HONEST REPORTING A FEW

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DAYS OF GIG WORK EARNING SHOULD NOT
TRIGGER ANY CLAIM RESULT RESULTING IN

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THE FINAL PAY DISQUALIFY RECEIPT OF
BENEFITS DUE TO HIS UNSUCCESSFUL

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ATTEMPT TO RETURN TO THE WORK FORCE
AS AN INDEPENDENT CONTRACTOR. SET
ASIDE THE AT. VOID THE CONTINUED

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CLAIM. SEVER THE AVAILABILITY ISSUE.

00:13:35.100 --> 00:13:37.100
>> MISS MILLER I WOULD AGREE WITH
CHAIRMAN DANIEL.

00:13:38.100 --> 00:13:40.100
>> WE SHOULD DEEM THE CLAIMANT'S
COMMISSION APPEAL TIMELY. MODIFY THE

00:13:41.100 --> 00:13:44.100
APPEAL TRIBUNAL DECISION. I AGREE
THAT THE CLAIMANT'S ADDRESS CHANGE

00:13:44.100 --> 00:13:47.100
DURING THE APPEAL PERIOD CONSTITUTED
A TIMELY APPEAL TO THE COMMISSION

00:13:48.100 --> 00:13:50.100
UNDER RULE 32.8. REGARDING THE JOB

00:13:52.100 --> 00:13:55.100
SEPARATION THE CLAIMANT QUIT DUE TO
PERSONAL TRANSPORTATION ISSUES WHICH

00:13:56.100 --> 00:13:59.100
DID NOT CONSTITUTE GOOD CAUSE
CONNECTED WITH THE WORK. BECAUSE OF
REMAINING AVAILABILITY ISSUE WAS NOT

00:14:01.100 --> 00:14:04.100
ADVERSE TO THE CLAIMANT I AGREE THE
ISSUE SHOULD BE SEVERED. THEREFORE

00:14:05.100 --> 00:14:08.100
WE SHOULD DEEM THE CLAIMANT'S
COMMISSION APPEAL TIMELY. MODIFY THE

00:14:09.100 --> 00:14:11.100
AT DECISION. VOLUNTARY LEAVING.

00:14:16.100 --> 00:14:18.100
SEVER THE AVAILABILITY ISSUE.
>> THERE'S ALREADY MAJORITY VOTE.

00:14:19.100 --> 00:14:21.100
TERMINATION. SEPARATION TERMINATION.

00:14:22.100 --> 00:14:25.100
MR. CHAIRMAN, I THINK WE'VE GOT A
CLARIFICATION. YOU SAID VOID THE AT,

00:14:27.100 --> 00:14:29.100
BUT THEN YOU ALSO VOTED TO SEVER

00:14:30.100 --> 00:14:32.100
ABOO. BECAUSE THE APPEAL DECISION

00:14:34.100 --> 00:14:36.100
CREATED ABOO, VOID THE AT

00:14:37.100 --> 00:14:39.100
[INDISCERNIBLE]. SO DID YOU WANT TO

00:14:42.100 --> 00:14:45.100
VOID THE AT DECISION WITH RESPECT TO
THE SEPARATION ONLY?

00:14:45.100 --> 00:14:48.100
>> YES.
>> THANK YOU. AND COMMISSIONER

00:14:50.100 --> 00:14:53.100
ALVAREZ. I NEED TO KNOW WHETHER
YOU --

00:14:53.100 --> 00:14:56.100
>> I WOULD AGREE WITH CHAIRMAN
DANIELS.
>> THANK YOU.

00:14:57.100 --> 00:14:59.100
>> AND COMMISSIONER DEMERSON? DO YOU

00:15:01.100 --> 00:15:04.100
WANT TO HAVE -- BECAUSE YOU HAD VOTED
BASICALLY TO DISMISS THE APPEAL.

00:15:07.100 --> 00:15:09.100
GRANT THE APPEAL, BUT CONTINUE TO

00:15:10.100 --> 00:15:13.100
DISQUALIFY.
>> [INDISCERNIBLE].

00:15:13.100 --> 00:15:15.100
>> THAT WOULD BE CONSISTENT WITH THE

00:15:18.100 --> 00:15:20.100
SEPARATION. OKAY. THANK YOU.

00:15:25.100 --> 00:15:27.100
>> CASE NO. 2740218. COMMISSIONER

00:15:29.100 --> 00:15:32.100
ALVAREZ.
>> THE DECISION SHOULD BE REVERSED.
BOTH PARTIES AGREED THAT COMPLAINANT

00:15:34.100 --> 00:15:37.100
REPAID THE PAYMENT THAT HE RECEIVED
ON APRIL 20, 2020. THE PAYMENT WAS

00:15:39.100 --> 00:15:41.100
NOT SEVERANCE OR WAGES IN LIEU OF

00:15:42.100 --> 00:15:44.100
NOTICE. IT WAS A LOAN THE CLAIMANT
REPAID. REVERSE THE AT. NO

00:15:45.100 --> 00:15:48.100
SEVERANCE. NO OVERPAYMENT.
>> WE SHOULD AFFIRM THE APPEAL OF THE

00:15:48.100 --> 00:15:50.100
TRIBUNAL'S DECISION. SEVERANCE PAY

00:15:51.100 --> 00:15:53.100
COVERED APRIL 1ST 2020 THROUGH APRIL
15, 2020. THIS COVERED OVER THREE

00:15:56.100 --> 00:15:59.100
BENEFIT WEEKS FOR THE CLAIMANT.
BECAUSE THE PAYMENT DID NOT LOSE ANY

00:15:59.100 --> 00:16:01.100
OF THE NON-QUALIFYING SECTIONS IN THE
ACT, WE SHOULD AFFIRM THE AT

00:16:03.100 --> 00:16:06.100
DECISION. DISQUALIFYING SEVERANCE.
MARCH 29, 2020 THROUGH APRIL 18,

00:16:08.100 --> 00:16:10.100
2020. RECALCULATE THE OVERPAYMENT.

00:16:12.100 --> 00:16:15.100
>> REVERSE THE AT NO SEVERANCE
DISQUALIFICATION.

00:16:16.100 --> 00:16:18.100
>> SHORT FORM.
>> YES. REVERSE THE [INDISCERNIBLE].

00:16:20.100 --> 00:16:22.100
YES, THANK YOU, MR. CHAIRMAN.

00:16:25.100 --> 00:16:27.100
>> CASE NO. 2778955. COMMISSIONER

00:16:30.100 --> 00:16:33.100
ALVAREZ.
>> THE AT DECISION SHOULD BE
AFFIRMED. THE CLAIMANT SUBMITTED A

00:16:34.100 --> 00:16:37.100
LETTER TO THE EMPLOYER EXPRESSING HIS
DESIRE TO STOP BEING A VOLLEYBALL AND

00:16:38.100 --> 00:16:41.100
BASKETBALL COACH. PERHAPS UNWISELY
THAT LETTER USED THE PHRASE NOTICE OF

00:16:43.100 --> 00:16:46.100
RESIGNATION WITH REGARD TO HIS
COACHING DUTIES. HOWEVER, IT WAS

00:16:47.100 --> 00:16:50.100
CLEAR FROM THE LETTER THE CLAIMANT
DID NOT INTEND TO RESIGN FROM HIS

00:16:51.100 --> 00:16:54.100
JOB. THE CLAIMANT SPECIFICALLY
STATED THAT HE INTENDED TO CONTINUE

00:16:55.100 --> 00:16:57.100
WITH HIS TEACHING DUTIES AND DESIRED

00:16:58.100 --> 00:17:01.100
TO COACH BASEBALL IN THE SPRING. BY
THE EMPLOYER'S OWN TESTIMONY, THE

00:17:01.100 --> 00:17:03.100
EMPLOYER CHOSE TO CONSTRUE IT AS
RESIGNATION, BECAUSE THEY DECIDED

00:17:05.100 --> 00:17:07.100
THAT THE CLAIMANT WAS NOT EQUIPPED TO

00:17:08.100 --> 00:17:11.100
FULFILL HIS DUTIES. THE EMPLOYER
COULD HAVE SIMPLY TOLD THE CLAIMANT

00:17:11.100 --> 00:17:14.100
HE COULD NOT DECLINE HIS COACHING
DUTIES UNDER THE CONTRACT WITHOUT
COMPLETELY SEVERING HIS EMPLOYMENT.

00:17:15.100 --> 00:17:18.100
IF THAT HAD HAPPENED THE CLAIMANT
WOULD HAVE CONTINUED WITH ALL

00:17:19.100 --> 00:17:21.100
COACHING AND TEACHING
RESPONSIBILITIES IN THE CONTRACT.

00:17:22.100 --> 00:17:24.100
THE EMPLOYER HAS NOT ESTABLISHED
MISCONDUCT CONNECTED WITH THE WORK.

00:17:25.100 --> 00:17:27.100
AFFIRM THE AT. NO MISCONDUCT. BILL

00:17:28.100 --> 00:17:31.100
REIMBURSING THE EMPLOYER.
>> WE SHOULD REVERSE THE APPEAL
TRIBUNAL DECISION. THE CLAIMANT

00:17:32.100 --> 00:17:34.100
SIGNED A DUAL ASSIGNMENT CONTRACT

00:17:35.100 --> 00:17:38.100
WITH THE EMPLOYER SCHOOL DISTRICT TO
BE BOTH A TEACHER AND A COACH. THE
CONTRACT PROVIDED THAT YOU MAY NOT

00:17:39.100 --> 00:17:42.100
CONTINUE EMPLOYMENT IN ONE POSITION
WITHOUT CONTINUING EMPLOYMENT IN BOTH

00:17:43.100 --> 00:17:46.100
POSITIONS. AND YOU MAY NOT RESIGN
ONE POSITION WITHOUT RESIGNING BOTH.

00:17:47.100 --> 00:17:49.100
WHEN THE CLAIMANT SUBMITTED A

00:17:50.100 --> 00:17:53.100
RESIGNATION FOR HIS COACHING
POSITION, THE EMPLOYER SAID THAT THE
CLAIMANT WAS THEREFORE RESIGNING BOTH

00:17:56.100 --> 00:17:58.100
POSITIONS BASED ON THE TERMS OF THE
CONTRACT. HOWEVER THE EMPLOYER

00:17:59.100 --> 00:18:01.100
INFORMED THE CLAIMANT HE COULD
CONTINUE TEACHING FOR THE REMAINDER

00:18:02.100 --> 00:18:05.100
OF THE SCHOOL YEAR. AFTER BEING
INFORMED OF THIS THE CLAIMANT

00:18:06.100 --> 00:18:09.100
SUBMITTED ANOTHER RESIGNATION AND
STOPPED WORKING MONTHS BEFORE THE END

00:18:10.100 --> 00:18:13.100
OF THE SCHOOL YEAR. HAD THE CLAIMANT
NOT RESIGNED FOR THE SECOND TIME HE

00:18:14.100 --> 00:18:17.100
COULD HAVE CONTINUED TO WORK AS A
TEACHER FOR SEVERAL MORE MONTHS.
THEREFORE, BECAUSE THE CLAIMANT QUIT

00:18:18.100 --> 00:18:21.100
WORK FOR PERSONAL REASONS WHILE WORK
WAS STILL AVAILABLE, WE SHOULD
REVERSE THE AT DECISION. VOLUNTARY

00:18:22.100 --> 00:18:24.100
LEAVING. REIMBURSEMENT.

00:18:26.100 --> 00:18:29.100
>> REVERSE THE AT. VOLUNTARY
LEAVING. REIMBURSE THE EMPLOYER.

00:18:31.100 --> 00:18:34.100
ADEQUATE EMPLOYER RESPONSE.
>> SHORT FORM DISSENT.
>> YES, COMMISSIONER ALVAREZ.

00:18:35.100 --> 00:18:37.100
>> CASE NO. 2781841. COMMISSIONER

00:18:39.100 --> 00:18:41.100
DEMERSON.
>> THE COMMISSION SHOULD GRANT A

00:18:42.100 --> 00:18:45.100
REHEARING. THE CLAIMANT WAS
DISCHARGED DUE TO AN ALTERCATION WITH

00:18:46.100 --> 00:18:48.100
ANOTHER EMPLOYEE. THE FORM STATED
[INDISCERNIBLE] INCIDENT. AS

00:18:50.100 --> 00:18:53.100
SECURITY FOOTAGE WOULD BE HELPFUL IN
ASSESSING THE CREDIBILITY OF THE

00:18:54.100 --> 00:18:57.100
PARTIES WE SHOULD HOLD REHEARING FOR
THE [INDISCERNIBLE] SECURITY FOOTAGE

00:18:58.100 --> 00:19:01.100
VIDEO EVIDENCE.
>> THE DECISION SHOULD BE REVERSED.

00:19:01.100 --> 00:19:04.100
THE CLAIMANT RECEIVED A CUSTOMER
COMPLAINT. BEFORE THE CLAIMANT COULD

00:19:06.100 --> 00:19:09.100
INVESTIGATE THE COMPLAINT THE
TECHNICIAN WHO THE COMPLAINT WAS
ABOUT CONFRONTED THE CLAIMANT AND

00:19:10.100 --> 00:19:12.100
THREATENED HIM WITH PHYSICAL

00:19:13.100 --> 00:19:16.100
VIOLENCE. THE CLAIMANT ENDED THE
ENCOUNTER BY WALKING AWAY. THE

00:19:17.100 --> 00:19:20.100
EMPLOYER'S WITNESS ALLEGED THAT HE
SAW THE CLAIMANT POINT HIS FINGER AT
THE TECHNICIAN'S FACE DURING THE

00:19:20.100 --> 00:19:22.100
ENCOUNTER. HOWEVER, THE EMPLOYER

00:19:23.100 --> 00:19:25.100
PROVIDED A WITNESS STATEMENT FROM
SOMEONE ELSE WHO SAW THE VIDEO

00:19:26.100 --> 00:19:29.100
INDICATING THE CLAIMANT WAVED HIS
HAND. AS THE CLAIMANT WAS THE ONLY

00:19:30.100 --> 00:19:33.100
PARTY TO PROVIDE FIRST HAND TESTIMONY
AND THE EMPLOYER'S ACCOUNT OF THE

00:19:34.100 --> 00:19:37.100
VIDEO WAS INCONSISTENT, THE
CLAIMANT'S TESTIMONY CARRIES GREATER

00:19:38.100 --> 00:19:41.100
WEIGHT. ADDITIONALLY THE CLAIMANT
HAD NO PRIOR WARNINGS AND THE

00:19:41.100 --> 00:19:44.100
TECHNICIAN WAS NOT DISCIPLINED FOR
STARTING THE VERBAL ALTERCATION. IN
LINE WITH PRIOR DECISIONS, THE

00:19:45.100 --> 00:19:48.100
EMPLOYER HAS NOT SHOWN MISCONDUCT.
REVERSE THE AT NO MISCONDUCT.

00:19:49.100 --> 00:19:51.100
>> [INDISCERNIBLE].

00:19:55.100 --> 00:19:57.100
>> [INDISCERNIBLE].
>> CASE NO. 2785874. COMMISSIONER

00:20:02.100 --> 00:20:05.100
DEMERSON.
>> WE SHOULD MODIFY THE FIELD
TRIBUNAL DECISION. BECAUSE THE

00:20:06.100 --> 00:20:09.100
CLAIMANT'S DISCHARGE RESULTED FROM
ABSENCE DUE TO MEDICAL ISSUES THE

00:20:10.100 --> 00:20:13.100
CLAIMANT SHOULD BE QUALIFIED FOR
BENEFITS AND THE EMPLOYER'S ACCOUNT

00:20:13.100 --> 00:20:16.100
SHOULD BE PROTECTED FROM CHARGE UNDER
MEDICAL SEPARATION ANALYSIS.

00:20:16.100 --> 00:20:18.100
ACCORDINGLY WE SHOULD MODIFY THE AT

00:20:19.100 --> 00:20:22.100
DECISION NO MISCONDUCT NO CHARGE
BACK.

00:20:22.100 --> 00:20:25.100
>> I WOULD AGREE WITH COMMISSIONER
DEMERSON.
>> AGREE.

00:20:25.100 --> 00:20:27.100
>> THANK YOU. WE HAVE A UNANIMOUS
DECISION.

00:20:28.100 --> 00:20:30.100
>> CASE NO. 2786023. COMMISSIONER

00:20:32.100 --> 00:20:34.100
DEMERSON.
>> WE SHOULD REVERSE THE APPEAL

00:20:35.100 --> 00:20:38.100
TRIBUNAL DECISION. MULTIPLE EMPLOYER
WITNESSES CREDIBLY TESTIFIED THAT THE
CLAIMANT INITIATED THE JOB SEPARATION

00:20:40.100 --> 00:20:42.100
WHEN HE REQUESTED TO WORK IN A
DIFFERENT PROPERTY. BECAUSE OF THE

00:20:43.100 --> 00:20:46.100
PREPONDERANCE OF THE EVIDENCE
ESTABLISHED THE CLAIMANT QUIT FOR

00:20:47.100 --> 00:20:50.100
ANOTHER JOB AND NOT FOR GOOD CAUSE
CONNECTED WITH THE WORK WE SHOULD

00:20:50.100 --> 00:20:52.100
REVERSE THE AT DECISION. VOLUNTARY

00:20:53.100 --> 00:20:56.100
LEAVING. NO CHARGE BACK. ADEQUATE
EMPLOYER RESPONSE. THE ALTERNATIVE

00:20:57.100 --> 00:21:00.100
IF WE GIVE CREDENCE TO THE CLAIMANT'S
TESTIMONY AS THE AS THE FIELD

00:21:01.100 --> 00:21:03.100
TRIBUNAL DID AND CONCLUDE THAT THE

00:21:04.100 --> 00:21:07.100
CLAIMANT WAS DISCHARGED DUE TO THE
IMPACT OF THE PANDEMIC, THEN THE
CLAIMANT SHOULD BE DISQUALIFIED FOR

00:21:09.100 --> 00:21:12.100
BENEFITS AND THE EMPLOYER'S ACCOUNT
SHOULD BE PROTECTED FROM CHARGE UNDER
DISASTER SEPARATION ANALYSIS. THUS

00:21:12.100 --> 00:21:15.100
WE SHOULD MODIFY THE AT DECISION. NO
MISCONDUCT. NO CHARGE BACK.

00:21:16.100 --> 00:21:18.100
DISASTER.
>> I WOULD AGREE WITH THE SECOND.

00:21:19.100 --> 00:21:21.100
>> AGREE.

00:21:32.100 --> 00:21:35.100
>> THANK YOU. WE HAVE UNANIMOUS
DECISION. [INDISCERNIBLE].

00:21:39.100 --> 00:21:41.100
>> CASE NO. 2788076. COMMISSIONER

00:21:42.100 --> 00:21:44.100
DEMERSON.
>> WE SHOULD AFFIRM THE FIELD

00:21:45.100 --> 00:21:47.100
TRIBUNAL DECISION. THE CLAIMANT WENT

00:21:48.100 --> 00:21:51.100
ON LEAVE FOR PERSONAL REASONS. WHILE
TAKING TIME OFF FOR HIS MOTHER'S

00:21:52.100 --> 00:21:54.100
ILLNESS WOULD HAVE MET THE FMLA

00:21:55.100 --> 00:21:57.100
REQUIREMENTS FOR IMMEDIATE FAMILY
MEMBER, THE PREPONDERANCE OF THE

00:21:58.100 --> 00:22:01.100
EVIDENCE INCLUDED AN E-MAIL ADMISSION
BY THE CLAIMANT ESTABLISHED THAT THE

00:22:02.100 --> 00:22:05.100
CLAIMANT TOOK TIME OFF TO CARE FOR
HIS GIRLFRIEND. SINCE THE GIRLFRIEND

00:22:06.100 --> 00:22:08.100
WAS NOT A COVERED FAMILY MEMBER AND

00:22:09.100 --> 00:22:12.100
CLAIMANT DID NOT SUBMIT THE REQUIRED
PAPERWORK ON TIME THE FMLA LEAVE WAS

00:22:15.100 --> 00:22:18.100
NOT APPROVED. THUS SINCE HE TOOK
EXTENDED LEAVE FOR PERSONAL REASONS

00:22:19.100 --> 00:22:22.100
AND HIS LEAVE WAS NEITHER APPROVED
NOR PROTECTED BY LAW [INDISCERNIBLE]
WITHOUT GOOD CAUSE CONNECTED WITH

00:22:22.100 --> 00:22:24.100
WORK. ACCORDINGLY WE SHOULD AFFIRM

00:22:25.100 --> 00:22:28.100
THE AT DECISION. VOLUNTARY LEAVING.
NO CHARGE BACK.

00:22:29.100 --> 00:22:31.100
>> THE DECISION SHOULD BE MODIFIED.
NO MISCONDUCT. NO CHARGE BACK DUE TO

00:22:33.100 --> 00:22:35.100
DISASTER. THE CLAIMANT WAS UNABLE TO

00:22:37.100 --> 00:22:40.100
REPORT TO WORK AS INSTRUCTED DUE TO
THE WINTER STORM, WHICH WAS DECLARED

00:22:41.100 --> 00:22:44.100
A DISASTER. AS SUCH, THE CLAIMANT
WOULD BE QUALIFIED FOR BENEFITS AND

00:22:44.100 --> 00:22:46.100
THE EMPLOYER'S ACCOUNT PROTECTED FROM
CHARGE. MODIFY THE AT. NO

00:22:47.100 --> 00:22:50.100
MISCONDUCT. NO CHARGE BACK DUE TO
DISASTER.
>> AFFIRM THE AT VOLUNTARY LEAVING NO

00:22:56.100 --> 00:22:59.100
CHARGE BACK. [INDISCERNIBLE]
ESTABLISHING.

00:23:02.100 --> 00:23:05.100
>> SHORT FORM DISSENT.
>> COMMISSIONER ALVAREZ.

00:23:08.100 --> 00:23:10.100
>> CASE NO. 2792881. COMMISSIONER

00:23:11.100 --> 00:23:14.100
ALVAREZ.
>> THE RECORD IS NOT SUFFICIENTLY
DEVELOPED TO ISSUE A DECISION. THE

00:23:16.100 --> 00:23:19.100
CLAIMANT WAS TRANSFERRED TO ANOTHER
LOCATION AND QUIT BECAUSE OF THE

00:23:21.100 --> 00:23:23.100
DISTANCE FROM HER HOME TO THE NEW
STORE. DESPITE THIS, SPECIFIC

00:23:24.100 --> 00:23:27.100
TESTIMONY ON THE DISTANCE BETWEEN THE
STORE'S AND THE CLAIMANT'S HOME AND
THE INCREASE THE TRANSFER WOULD HAVE

00:23:28.100 --> 00:23:30.100
ON HER COMMUTE TIME WAS NOT TAKEN.

00:23:31.100 --> 00:23:34.100
THIS CASE SHOULD BE REHEARD TO FULLY
ADDRESS THE IMPACT OF THE CLAIMANT'S

00:23:35.100 --> 00:23:38.100
TRANSFER ON HER COMMUTE TIME. I ASK
FOR REHEAR.

00:23:38.100 --> 00:23:40.100
>> THE APPEAL TRIBUNAL DECISION

00:23:41.100 --> 00:23:44.100
SHOULD BE AFFIRMED. THE CLAIMANT
QUIT HER JOB DUE TO CONCERNS WITH HER

00:23:45.100 --> 00:23:47.100
COMMUTE TO WORK. HOWEVER, THE
CLAIMANT HAD ACCEPTED THE TRANSFER

00:23:48.100 --> 00:23:51.100
PREVIOUSLY AND THE MOST RECENT
TRANSFER DID NOT PRESENT AN
UNREASONABLE INCREASE IN DISTANCE

00:23:52.100 --> 00:23:55.100
FROM THE LOCATION SHE WAS WORKING AT
IMMEDIATELY PRIOR TO RESIGNING. AS

00:23:56.100 --> 00:23:58.100
SUCH THE CLAIMANT DID NOT HAVE WORK

00:23:59.100 --> 00:24:02.100
[INDISCERNIBLE] AND WE SHOULD AFFIRM
THE AT DECISION. VOLUNTARY LEAVING.

00:24:02.100 --> 00:24:04.100
NO CHARGE BACK.

00:24:05.100 --> 00:24:07.100
>> REVERSE THE AT. NO VOLUNTARY

00:24:09.100 --> 00:24:11.100
LEAVING. CHARGE BACK.
>> [INDISCERNIBLE].

00:24:14.100 --> 00:24:16.100
>> I APOLOGIZE -- [INDISCERNIBLE].

00:24:25.100 --> 00:24:28.100
>> MY VOTE WAS VOLUNTARY LEAVING. NO
CHARGE BACK.

00:24:28.100 --> 00:24:30.100
>> [INDISCERNIBLE].

00:24:31.100 --> 00:24:33.100
>> SHORT FORM DISSENT.
>> OH, I'M SORRY.

00:24:36.100 --> 00:24:39.100
>> YOU VOTED REHEARING.
>> THAT'S CORRECT.

00:24:39.100 --> 00:24:41.100
>> THE COMMISSIONER DEMERSON VOTING

00:24:42.100 --> 00:24:44.100
DISQUALIFY THE CLAIMANT.
COMMISSIONER -- THE CHAIRMAN IS

00:24:45.100 --> 00:24:47.100
VOTING TO QUALIFY.
>> I WOULD AGREE WITH THE CHAIRMAN.

00:24:48.100 --> 00:24:51.100
>> THANK YOU.
>> YES, MA'AM.

00:24:51.100 --> 00:24:53.100
>> SHORT FORM DISSENT. COMMISSIONER.
>> CASE NO. 2797972. COMMISSIONER

00:25:00.100 --> 00:25:03.100
ALVAREZ.
>> THE DECISION SHOULD BE MODIFIED.
THE CLAIMANT WAS WORKING ON LOCATION

00:25:03.100 --> 00:25:06.100
FOR THE EMPLOYER. THREE WORKERS WITH
WHOM THE CLAIMANT WAS LIVING IN
EMPLOYEE HOUSING TESTED POSITIVE FOR

00:25:10.100 --> 00:25:12.100
COVID-19. THE CLAIMANT HAS DIABETES

00:25:13.100 --> 00:25:16.100
AND IS AT HIGH RISK FOR SEVERE
ILLNESS IF HE CONTRACTS WITH

00:25:16.100 --> 00:25:18.100
COVID-19. THE CLAIMANT ESTABLISHED

00:25:19.100 --> 00:25:22.100
GOOD CAUSE CONNECTED WITH THE WORK
FOR QUITTING. MODIFY THE AT. NO

00:25:23.100 --> 00:25:26.100
VOLUNTARY LEAVING. NO CHARGE BACK.
DISASTER.
>> THE APPEAL TRIBUNAL DECISION

00:25:30.100 --> 00:25:33.100
SHOULD BE MODIFIED. THE RECORD
CONTAINS SUFFICIENT EVIDENCE TO
SUPPORT A FINDING THAT THE CLAIMANT'S

00:25:33.100 --> 00:25:35.100
SEPARATION WAS UNDER QUALIFYING

00:25:37.100 --> 00:25:40.100
CIRCUMSTANCES NAMELY DUE TO DISASTER.
AS SUCH WE SHOULD MODIFY THE AT

00:25:41.100 --> 00:25:44.100
DECISION. NO VOLUNTARY LEAVING. NO
CHARGE BACK [INDISCERNIBLE].
>> AGREE.

00:25:44.100 --> 00:25:46.100
>> THANK YOU. WE HAVE UNANIMOUS
DECISION.

00:25:47.100 --> 00:25:49.100
>> CASE NO. 2811429. COMMISSIONER

00:25:50.100 --> 00:25:52.100
ALVAREZ.
>> THE DECISION IS CORRECT. THE

00:25:53.100 --> 00:25:55.100
EMPLOYER'S WRITTEN POLICY REQUIRED
THE CLAIMANT TO MAINTAIN LIABILITY

00:25:57.100 --> 00:26:00.100
INSURANCE. THE CLAIMANT HAD
LIABILITY INSURANCE AND NOTIFIED THE

00:26:01.100 --> 00:26:04.100
EMPLOYER WHEN THE ACCIDENT OCCURRED.
THE CLAIMANT WAS DISCHARGED BECAUSE

00:26:04.100 --> 00:26:06.100
HIS INSURANCE CARRIER DECIDED NOT TO

00:26:08.100 --> 00:26:11.100
COVER THE ACCIDENT. IF THE EMPLOYER
WANTED THE CLAIMANT TO CARRY MORE
EXTENSIVE INSURANCE, THEY SHOULD HAVE

00:26:11.100 --> 00:26:13.100
REQUIRED IT IN THEIR POLICIES. THE

00:26:14.100 --> 00:26:17.100
CLAIMANT THE NOT COMMIT MISCONDUCT
CONNECTED WITH THE WORK. AFFIRM THE

00:26:18.100 --> 00:26:20.100
AT. NO MISCONDUCT. CHARGE BACK.

00:26:21.100 --> 00:26:24.100
>> FIELD TRIBUNAL DECISION SHOULD BE
REVERSED. THE CLAIMANT WAS

00:26:25.100 --> 00:26:28.100
DISCHARGED PER THE EMPLOYER'S POLICY
PERTAINING TO VEHICLE INSURANCE. THE
CLAIMANT WAS INVOLVED IN A CAR

00:26:29.100 --> 00:26:31.100
ACCIDENT. THE EMPLOYEE

00:26:32.100 --> 00:26:34.100
[INDISCERNIBLE] IT IS EMPLOYEE'S

00:26:35.100 --> 00:26:37.100
RESPONSIBILITY TO HAVE LIABILITY
COVERAGE AND TO MAINTAIN AUTO

00:26:38.100 --> 00:26:40.100
INSURANCE AS REQUIRED BY THE STATE
WHEN DRIVING FOR THE EMPLOYER. THE

00:26:42.100 --> 00:26:45.100
CLAIMANT PROVIDED FACT FINDING
STATEMENT WHICH REVEALED HIS
INSURANCE DID NOT COVER THE ACCIDENT

00:26:46.100 --> 00:26:49.100
BECAUSE HE DID NOT HAVE COMMERCIAL
INSURANCE. BECAUSE THE CLAIMANT DID

00:26:49.100 --> 00:26:52.100
NOT HAVE THE APPROPRIATE INSURANCE TO
COVER THE ACCIDENT AND BECAUSE

00:26:53.100 --> 00:26:55.100
EMPLOYER'S POLICY STATES THAT THE
VIOLATION OF ANY COMPANY POLICY COULD

00:26:56.100 --> 00:26:59.100
LEAD TO DISCIPLINARY ACTION UP TO AND
INCLUDING TERMINATION THE CLAIMANT'S

00:27:01.100 --> 00:27:04.100
ACTIONS WERE MISCONDUCT CONNECTED
WITH WORK. WE SHOULD THEREFORE

00:27:05.100 --> 00:27:08.100
REVERSE THE AT DECISION. MISCONDUCT.
NO CHARGE BACK. ADEQUATE EMPLOYER

00:27:10.100 --> 00:27:13.100
RESPONSE.
>> REVERSE THE AT. MISCONDUCT. NO
CHARGE BACK. ADEQUATE EMPLOYER

00:27:13.100 --> 00:27:16.100
RESPONSE.
>> SHORT FORM DISSENT.
>> YES COMMISSIONER ALVAREZ.

00:27:17.100 --> 00:27:19.100
>> CASE NO. 2813238. COMMISSIONER

00:27:21.100 --> 00:27:23.100
ALVAREZ.
>> THE TWC DOCUMENT WAS MAILED TO THE

00:27:25.100 --> 00:27:27.100
CLAIMANT ON AUGUST 24, 2020. THE

00:27:28.100 --> 00:27:31.100
CLAIMANT SUBMITTED AN ADDRESS CHANGE
TO TWC ON AUGUST 27, 2020. IN

00:27:33.100 --> 00:27:35.100
ACCORDANCE WITH COMMISSION RULE THE

00:27:36.100 --> 00:27:38.100
CLAIMANT'S CHANGE OF ADDRESS SHOULD
CONTROL AND THE CLAIMANT'S APPEAL

00:27:39.100 --> 00:27:42.100
BEING TIMELY. REVERSE THE AT TIMELY
CLAIMANT APPEAL RESUBMIT.

00:27:44.100 --> 00:27:47.100
>> THE FIELD TRIBUNAL DECISION SHOULD
BE AFFIRMED. THE CLAIMANT RECEIVED

00:27:48.100 --> 00:27:51.100
THE DETERMINATION TWO DAYS AFTER IT
WAS MAILED AND SHE UNDERSTOOD HER

00:27:52.100 --> 00:27:54.100
BENEFITS WOULD NOT. THE CLAIMANT

00:27:55.100 --> 00:27:57.100
STATED SHE MADE NO PRIOR ATTEMPT TO
APPEAL BEFORE MARCH 5, 2021, WHICH

00:27:58.100 --> 00:28:01.100
WAS WELL BEYOND THE APPEAL DEADLINE.
THERE ARE NO GOOD CAUSE EXCEPTIONS TO

00:28:02.100 --> 00:28:05.100
THE TIMELINESS. AS SUCH WE SHOULD
AFFIRM THE AT DECISION. UNTIMELY

00:28:07.100 --> 00:28:09.100
CLAIMANT APPEAL. AND LEAVE THE

00:28:10.100 --> 00:28:13.100
UNDERLYING DECISION FULL FORCE IN
EFFECT. VOLUNTARY LEAVING. NO
CHARGE BACK.

00:28:13.100 --> 00:28:15.100
>> REVERSE THE AT. TIMELY CLAIMANT

00:28:19.100 --> 00:28:21.100
APPEAL. RESUBMIT.

00:28:22.100 --> 00:28:24.100
>> WE'LL RESUBMIT THE CASE.

00:28:26.100 --> 00:28:28.100
>> CASE NO. 2817806. COMMISSIONER

00:28:29.100 --> 00:28:31.100
DEMERSON.
>> WE SHOULD MODIFY THE FIELD

00:28:32.100 --> 00:28:35.100
TRIBUNAL DECISION. I AGREE THAT THE
CLAIMANT FILED A VALID CLAIM.

00:28:35.100 --> 00:28:37.100
REGARDING JOB SEPARATION, I ALSO

00:28:38.100 --> 00:28:41.100
AGREE WITH THE APPEAL TRIBUNAL
ASSESSMENT THAT THE CLAIMANT QUIT DUE

00:28:43.100 --> 00:28:46.100
TO PAY CUT RESULTING FROM THE
COVID-19 DISASTER. BECAUSE THE
EMPLOYER'S TESTIMONY AND THE PARTY'S

00:28:46.100 --> 00:28:48.100
FACT FINDING STATEMENTS CONSISTENTLY

00:28:49.100 --> 00:28:51.100
MAINTAIN THE JOB SEPARATION WAS AS A

00:28:52.100 --> 00:28:55.100
CONSEQUENCE OF THE PANDEMIC THE
CLAIMANT SHOULD REMAIN QUALIFIED FOR

00:28:55.100 --> 00:28:58.100
BENEFITS AND THE EMPLOYER ACCOUNT
SHOULD BE PROTECTED FROM CHARGE.
ACCORDINGLY WE SHOULD MODIFY THE AT

00:28:59.100 --> 00:29:01.100
DECISION. THE CLAIMANT FILED A VALID

00:29:02.100 --> 00:29:04.100
CLAIM. NO VOLUNTARY LEAVING. NO

00:29:05.100 --> 00:29:07.100
CHARGE BACK. DISASTER.
>> MISS MILLER, I WOULD AGREE WITH

00:29:08.100 --> 00:29:11.100
COMMISSIONER DEMERSON.
>> AGREE.
>> THANK YOU. WE HAVE A UNANIMOUS

00:29:11.100 --> 00:29:14.100
DECISION.
>> CASE NO. 2823506. COMMISSIONER

00:29:18.100 --> 00:29:21.100
ALVAREZ.
>> THE DECISION IS NOT SUPPORTABLE.
THE CLAIMANT HAS SPECIFICALLY DENIED

00:29:22.100 --> 00:29:25.100
THE EMPLOYER'S ALLEGATIONS UNDER
OATH. THE EMPLOYER DID NOT REBUT THE

00:29:26.100 --> 00:29:29.100
CLAIMANT'S TESTIMONY. THE EMPLOYER
HAS FAILED TO PROVIDE EVIDENCE OF

00:29:29.100 --> 00:29:31.100
MISCONDUCT. REVERSE THE AT. NO

00:29:32.100 --> 00:29:34.100
MISCONDUCT. NO OVERPAYMENT.
>> WE SHOULD AFFIRM THE APPEAL

00:29:35.100 --> 00:29:38.100
TRIBUNAL DECISION. THE RECORD
CONTAINS EVIDENCE THE CLAIMANT WAS

00:29:39.100 --> 00:29:41.100
DISCHARGED FOR MULTIPLE OFFENSES

00:29:42.100 --> 00:29:45.100
INCLUDING SLEEPING ON THE JOB AND
ENTERING GUEST ROOMS WITHOUT

00:29:45.100 --> 00:29:48.100
[INDISCERNIBLE]. THUS, BECAUSE THE
CLAIMANT MISMANAGED CONDITION OF
EMPLOYMENT, WE SHOULD AFFIRM THE AT

00:29:48.100 --> 00:29:51.100
DECISION. MISCONDUCT. OVERPAYMENT
OF $1,073.

00:29:55.100 --> 00:29:57.100
>> REVERSE THE AT. NO MISCONDUCT.

00:30:02.100 --> 00:30:05.100
NO OVERPAYMENT.
>> SHORT FORM DISSENT.
>> YES, SIR. COMMISSIONER DEMERSON.

00:30:07.100 --> 00:30:09.100
>> CASE NO. 2831143. COMMISSIONER

00:30:10.100 --> 00:30:12.100
ALVAREZ.
>> THE DECISION IS NOT SUPPORTABLE.

00:30:13.100 --> 00:30:15.100
THE CLAIMANT QUIT AFTER BEING
INFORMED HIS PAY WAS BEING REDUCED

00:30:16.100 --> 00:30:18.100
FROM $30,500 PER YEAR TO $12 AN HOUR.

00:30:22.100 --> 00:30:25.100
EVEN IF THE CLAIMANT WORKED 40 HOURS
A WEEK, 52 WEEKS A YEAR, HE WOULD

00:30:27.100 --> 00:30:30.100
HAVE EXPERIENCED A PAY REDUCTION
APPROXIMATELY 35%. THE CLAIMANT HAD

00:30:31.100 --> 00:30:33.100
GOOD CAUSE TO QUIT BASED ON THE PAY
REDUCTION. REVERSE THE AT. NO

00:30:34.100 --> 00:30:37.100
VOLUNTARY LEAVING. CHARGE BACK VOID.
ADEQUATE RESPONSE.

00:30:37.100 --> 00:30:40.100
>> WE SHOULD MODIFY THE APPEAL
TRIBUNAL DECISION. THE TIME LINE

00:30:41.100 --> 00:30:44.100
ESTABLISH THE CLAIMANT FILED FOR
UNEMPLOYMENT BENEFITS ON THE SAME DAY

00:30:45.100 --> 00:30:47.100
THAT THE EMPLOYER MET WITH HIM TO
PROPOSE A NEW PAY STRUCTURE. THE

00:30:49.100 --> 00:30:52.100
CLAIMANT LEFT THE EMPLOYER WITH THE
IMPRESSION THAT HE WOULD NEED TO

00:30:52.100 --> 00:30:55.100
CONSIDER THE OFFER BEFORE MAKING A
DECISION. BUT FILED FOR UNEMPLOYMENT

00:30:56.100 --> 00:30:59.100
BENEFITS INSTEAD. BECAUSE THE
CLAIMANT EFFECTIVELY QUIT AND HE DID

00:31:01.100 --> 00:31:03.100
SO WITHOUT NOTICE TO THE EMPLOYER AND
WITHOUT FURTHER DISCUSSION OF THE

00:31:04.100 --> 00:31:07.100
OFFER THE CLAIMANT QUIT WITHOUT
PROVIDING THE EMPLOYER AN OPPORTUNITY

00:31:08.100 --> 00:31:11.100
TO REMEDY HIS CONCERN. THUS THE
CLAIMANT QUIT WITHOUT GOOD CAUSE

00:31:12.100 --> 00:31:14.100
CONNECTED WITH THE WORK. WE SHOULD
MODIFY THE AT DECISION. VOLUNTARY

00:31:15.100 --> 00:31:18.100
LEAVING. NO CHARGE BACK. SEVER THE
ADEQUATE RESPONSE RULING.

00:31:18.100 --> 00:31:20.100
>> REVERSE THE AT. NO VOLUNTARY

00:31:24.100 --> 00:31:26.100
LEAVING. CHARGE BACK. ADEQUATE

00:31:27.100 --> 00:31:30.100
RESPONSE.
>> SHORT FORM.
>> COMMISSIONER DEMERSON.

00:31:32.100 --> 00:31:34.100
>> CASE NO. 2831443. COMMISSIONER

00:31:35.100 --> 00:31:37.100
DEMERSON.
>> WE SHOULD AFFIRM THE APPEAL

00:31:38.100 --> 00:31:41.100
TRIBUNAL DECISION. THE CLAIMANT QUIT
BECAUSE OF MEDICAL ISSUES RELATED TOO

00:31:42.100 --> 00:31:45.100
STRESS. [INDISCERNIBLE] NOT ONLY WAS
HER REASON FOR QUITTING PERSONAL AND

00:31:47.100 --> 00:31:49.100
COMPLETELY UNRELATED TO THE JOB BUT
THE CLAIMANT WAS NOT ADVISED BY A

00:31:51.100 --> 00:31:53.100
DOCTOR TO QUIT. IN FACT IN A
STATEMENT SHE PROVIDED TO TWC DURING

00:31:56.100 --> 00:31:58.100
INVESTIGATION TO HER ABILITY TO WORK
THE CLAIMANT INFORMED SHE WAS NOT

00:32:00.100 --> 00:32:02.100
TOLD BY HER MEDICAL PROVIDER SHE
COULD NOT WORK. UNDER THESE

00:32:03.100 --> 00:32:06.100
CIRCUMSTANCES THE CLAIMANT'S
DISQUALIFICATION AND RESULT IN

00:32:06.100 --> 00:32:08.100
OVERPAYMENT ARE APPROPRIATE.
FURTHERMORE SECTION 207.045G1 OF THE

00:32:11.100 --> 00:32:13.100
ACT DOES NOT APPLY. THE TERMS AND

00:32:14.100 --> 00:32:16.100
CONDITIONS OF THE JOB WERE SUITABLE.
THE FACT THAT THE CLAIMANT BELIEVES

00:32:17.100 --> 00:32:20.100
SHE WAS NOT SUITABLE FOR THE JOB HAS
NOT RENDERED THE JOB UNSUITABLE FOR

00:32:22.100 --> 00:32:25.100
HER. ACCORDINGLY WE SHOULD AFFIRM
THE AT DECISION. VOLUNTARY LEAVING.

00:32:25.100 --> 00:32:27.100
OVERPAYMENT OF $1,617.

00:32:30.100 --> 00:32:32.100
>> THE DECISION SHOULD BE REVERSED.
THE CLAIMANT WAS QUALIFIED AND

00:32:33.100 --> 00:32:35.100
RECEIVING BENEFITS WHETHER SHE
STARTED THIS JOB. THE CLAIMANT

00:32:36.100 --> 00:32:39.100
WORKED TWO DAYS BUT THE EMPLOYMENT
TRIGGERED HER PRE-EXISTING MEDICAL

00:32:40.100 --> 00:32:43.100
CONDITIONS. THE WORK WAS NOT
SUITABLE FOR THE CLAIMANT BECAUSE IT

00:32:44.100 --> 00:32:47.100
TRIGGERED HER MEDICAL CONDITION.
REVERSE THE AT. NO VOLUNTARY
LEAVING. NO OVERPAYMENT.

00:32:47.100 --> 00:32:49.100
>> REVERSE THE AT. NO VOLUNTARY

00:32:56.100 --> 00:32:59.100
LEAVING. NO OVERPAYMENT.
>> THIS IS A CC SEPARATION. SO

00:33:11.100 --> 00:33:13.100
THERE'S NO CHARGE BACK TO THE
EMPLOYER IN THIS CASE.

00:33:14.100 --> 00:33:16.100
>> OKAY. I AGREE WITH THE CHAIRMAN.

00:33:17.100 --> 00:33:19.100
>> OKAY. BLL AND [INDISCERNIBLE].

00:33:20.100 --> 00:33:22.100
>> ALL RIGHT. MAJORITY VOTE CLAIMANT

00:33:23.100 --> 00:33:25.100
BENEFITS AND NO OVERPAYMENT.

00:33:26.100 --> 00:33:28.100
>> WE HAVE A UNANIMOUS DECISION. BUT

00:33:33.100 --> 00:33:36.100
THE RATIONALE WOULD BE
[INDISCERNIBLE].
>> I'D BE OKAY WITH THAT.

00:33:37.100 --> 00:33:39.100
>> THANK YOU.
>> AND THAT WAS THE LAST CASE.

00:33:43.100 --> 00:33:45.100
DISCUSSION ON 27. [INDISCERNIBLE].

00:33:46.100 --> 00:33:48.100
>> I'M GOING TO ACCEPT

00:33:51.100 --> 00:33:54.100
RECOMMENDATIONS ON REMAINING UI.
>> I SECOND THE MOTION EXCEPT FOR

00:33:55.100 --> 00:33:58.100
THOSE CASES ON WHICH I'M DISSENTING.
AS REFLECTED ON THE UI SHORT FORM

00:33:58.100 --> 00:34:01.100
DISSENT LISTED IN DOCKET.
>> WHICHEVER MOTION [INDISCERNIBLE].

00:34:05.100 --> 00:34:08.100
>> MOTION PASSES WITH THE EXCEPTIONS
NOTED.

00:34:08.100 --> 00:34:11.100
>> THANK YOU VERY MUCH. LET'S TAKE
ABOUT A 3-MINUTE BREAK WHILE WE RESET

00:34:12.100 --> 00:34:14.100
FOR THE REST OF THE EVENING.

00:38:49.100 --> 00:38:52.100
>> ALL RIGHT LET'S START BACK WITH
RANDOLPH SHEPHERD.

00:39:03.100 --> 00:39:05.100
>> TODAY I HAVE FOR YOU DISCUSSION
CONSIDERATION AND POSSIBLE ACTION

00:39:07.100 --> 00:39:09.100
REGARDING BUSINESS ENTERPRISE FOR
TEXAS FEDERAL RANDOLPH SHEPHERD

00:39:11.100 --> 00:39:14.100
FINANCIAL RELIEF AND RESTORATION,
FUNDING, DISTRIBUTION, AND
METHODOLOGY. CONGRESS HAS

00:39:16.100 --> 00:39:18.100
APPROPRIATED $20 MILLION UNDER

00:39:19.100 --> 00:39:21.100
CONSOLIDATED APPROPRIATIONS ACT FOR

00:39:22.100 --> 00:39:25.100
2021 TO MAKE ONE-TIME FINANCIAL
RELIEF STATE LICENSING AGENCIES IN

00:39:28.100 --> 00:39:31.100
TEXAS. THAT WOULD BE TWC.
CONSISTENT WITH THE PURPOSES OF THE

00:39:31.100 --> 00:39:33.100
RANDOLPH SHEPHERD ACT. THE FRRP

00:39:34.100 --> 00:39:36.100
FUNDS AS THEY'RE CALLED ARE TO OFFSET

00:39:38.100 --> 00:39:40.100
[INDISCERNIBLE] TEXAS WE CALL THEM
LICENSE MANAGERS. BUT TO OFF LICENSE

00:39:43.100 --> 00:39:46.100
MANAGER LOSSES THAT HAVE OCCURRED
DURING CALENDAR YEAR 2020. IF THOSE

00:39:48.100 --> 00:39:50.100
LOSSES WERE NOT OTHERWISE
COMPENSATED. AND ALSO FOR THE SET

00:39:52.100 --> 00:39:55.100
ASIDE PURPOSES AUTHORIZED BY THE CODE
OF FEDERAL REGULATIONS BUT ONLY IF

00:39:56.100 --> 00:39:58.100
ANY FUNDS REMAIN AFTER OFFSETTING THE

00:40:00.100 --> 00:40:03.100
LOSSES OF LICENSED MANAGERS DURING
CALENDAR YEAR 2020. OUR INTENT IS TO

00:40:05.100 --> 00:40:07.100
DISTRIBUTE ALL OF THE FUNDS AVAILABLE
FUNDS TO THE MANAGERS UNDER EITHER

00:40:09.100 --> 00:40:11.100
OPTION I'LL PRESENT TO YOU. SO THERE
WILL BE NO OTHER USE FOR OTHER SET

00:40:13.100 --> 00:40:16.100
ASIDE PURPOSES. DURING JANUARY
THROUGH JUNE OF 2021, THE REHAB

00:40:18.100 --> 00:40:20.100
SERVICES ADMINISTRATION RSA ISSUED

00:40:21.100 --> 00:40:23.100
GUIDANCE THROUGH POLICY ADVISORIES
AND ANSWERS TO QUESTIONS POSED BY

00:40:27.100 --> 00:40:29.100
AGENCIES RANDOLPH SHEPHERD PROGRAM
AND STAKEHOLDERS INCLUDING THE AMOUNT

00:40:30.100 --> 00:40:32.100
OF FRRP FUNDS THAT TEXAS WILL RECEIVE

00:40:34.100 --> 00:40:36.100
WHICH IS 1.243 MILLION AND A DOLLAR.

00:40:38.100 --> 00:40:41.100
THE APPROVAL THAT THE APPROVAL OF
DOCUMENTATION OUTLINING LOSSES AND

00:40:43.100 --> 00:40:45.100
THE METHODOLOGY FOR DISTRIBUTING FRRP

00:40:47.100 --> 00:40:49.100
TO ET LICENSE MANAGERS IS REQUIRED

00:40:50.100 --> 00:40:52.100
PRIOR TO RECEIVING THE FUNDS IN
TEXAS. THEY ALSO ISSUED FORMS FOR

00:40:54.100 --> 00:40:56.100
STATES TO DOCUMENT ASSURANCES THAT

00:40:58.100 --> 00:41:01.100
THEY WOULD COMPLY WITH THE CONDITIONS
LISTED AFTER THE DISTRIBUTION OF THE

00:41:03.100 --> 00:41:05.100
FEDERAL FUNDS AND PROPOSED
METHODOLOGY FOR THEIR DISTRIBUTION

00:41:06.100 --> 00:41:09.100
AND USE. CLARIFICATION THAT IF A
MANAGER WAS ALREADY RECEIVING A

00:41:11.100 --> 00:41:14.100
CERTAIN BENEFIT BEFORE THE LOSSES
WERE INCURRED THAT IT SHOULD NOT BE

00:41:15.100 --> 00:41:17.100
CONSIDERED PRIOR COMPENSATION FOR THE

00:41:18.100 --> 00:41:20.100
LOSS. IF ALSO IF A LICENSED MANAGER

00:41:21.100 --> 00:41:24.100
RECEIVED THE BENEFIT AFTER THE LOSS
WAS INCURRED WHETHER THAT BENEFIT

00:41:26.100 --> 00:41:28.100
SHOULD BE CONSIDERED COMPENSATION
SHOULD BE DETERMINED ON A CASE BY

00:41:30.100 --> 00:41:32.100
CASE BASIS DEPENDING ON THE BENEFIT,

00:41:33.100 --> 00:41:36.100
THE CONNECTION TO THE LOSSES, AND ANY
OTHER RELEVANT CIRCUMSTANCES. IN

00:41:39.100 --> 00:41:41.100
REGARD TO PRIOR COMPENSATION, FOR A

00:41:42.100 --> 00:41:45.100
5-MONTH PERIOD FROM APRIL TO AUGUST
OF 2020, ET LICENSE MANAGERS THAT

00:41:48.100 --> 00:41:51.100
REPORTED MONTHLY INCOME LESS THAN
$2720 RECEIVED AN EMERGENCY INCOME

00:41:56.100 --> 00:41:58.100
REPLACEMENT OR IRP AS I'LL REFER TO

00:41:59.100 --> 00:42:02.100
THEM PAYMENT IN THE FORM OF A CASH
PAYMENT OF $3,000 PER MONTH. ON

00:42:05.100 --> 00:42:07.100
AUGUST 25TH OF 2020, THE TWC'S

00:42:10.100 --> 00:42:12.100
3-MEMBER COMMISSION APPROVED

00:42:13.100 --> 00:42:16.100
DISTRIBUTION OF NON-FEDERAL FUNDS TO
REPLENISH THE BET TRUST FUND WHICH

00:42:19.100 --> 00:42:22.100
WAS THE ORIGINAL SOURCE FOR FUNDING
FOR THE FIRST THREE MONTHS AND ALSO

00:42:23.100 --> 00:42:25.100
TO EXTEND THE IRP BENEFIT FOR TWO

00:42:26.100 --> 00:42:29.100
ADDITIONAL MONTHS. AS A RESULT ALL
FIVE MONTHS OF THE BEP IRP BENEFIT

00:42:33.100 --> 00:42:36.100
WERE PAID FROM NON-PUBLIC FUNDS.
ADDITIONALLY THE IRP WAS NOT A

00:42:37.100 --> 00:42:39.100
BENEFIT THAT WAS IN PLACE PRIOR TO

00:42:40.100 --> 00:42:43.100
COVID. SUCH AS SOCIAL SECURITY
DISABILITY INSURANCE, PAYCHECK

00:42:45.100 --> 00:42:48.100
PROTECTION PROGRAM, UNEMPLOYMENT
INSURANCE, AND A LITANY OF OTHER

00:42:50.100 --> 00:42:52.100
TYPES OF BENEFITS. THE TWC IRP WAS

00:42:54.100 --> 00:42:57.100
NOT A INSURANCE. IT WAS NOT A LOAN.
IT WAS NOT PRIOR BENEFIT. IT WAS NOT

00:42:58.100 --> 00:43:00.100
PAID FROM BET FUNDS AND WAS DIRECTLY

00:43:01.100 --> 00:43:04.100
RELATED TO THE COVID-19 LOSSES
EXPERIENCED BY LICENSED MANAGERS AND

00:43:05.100 --> 00:43:08.100
WAS CONSIDERED ON A CASE BY CASE
BASIS AS EVIDENTLY DISTRIBUTED.

00:43:12.100 --> 00:43:14.100
THEREFORE THE 2020 IRC BENEFIT ALIGNS

00:43:16.100 --> 00:43:18.100
WITH THE INTERPRETATION OF THE TERM
OTHERWISE COMPENSATED AS PROVIDED BY

00:43:19.100 --> 00:43:21.100
RSA. OVER THE LAST THREE MONTHS BET

00:43:25.100 --> 00:43:27.100
STAFF HAVE WORKED WITH THE ELECTED

00:43:28.100 --> 00:43:31.100
COMMITTEE MANAGERS. AS I MENTIONED
BEFORE THEY'RE A FEDERALLY MANDATED

00:43:32.100 --> 00:43:34.100
GROUP THAT PARTICIPATES IN MAJOR

00:43:35.100 --> 00:43:37.100
ADMINISTRATIVE DECISIONS MADE BY THE
PROGRAM. THAT DON'T AFFECT THE

00:43:40.100 --> 00:43:42.100
OVERALL OPERATION OF THE PROGRAM.

00:43:43.100 --> 00:43:46.100
THE BET STAFF HAS WORKED WITH ELECTED
COMMITTEE OF MANAGERS OR ECM TO
PREPARE A PROPOSED METHODOLOGY FOR

00:43:47.100 --> 00:43:49.100
THREE ITEMS. DOCUMENTATION OF THE

00:43:50.100 --> 00:43:52.100
LOSSES THAT WERE INCURRED BY MANAGERS

00:43:53.100 --> 00:43:55.100
AS REQUIRED BY RSA. DECLARATION OF

00:43:56.100 --> 00:43:59.100
LOSS REPLACEMENT FUNDS RECEIVED AS
PRIOR COMPENSATION RSA SAYS TO

00:44:00.100 --> 00:44:02.100
CONSIDER. AND THE PROCESS FOR THE

00:44:03.100 --> 00:44:05.100
DISTRIBUTION OF THE FUNDS. THE ECM,

00:44:07.100 --> 00:44:10.100
BET STAFF AGREED UPON METHOD FOR
DOCUMENTING LOSSES. AND THE PROCESS

00:44:11.100 --> 00:44:13.100
FOR THE DISTRIBUTION OF THE FUNDS.

00:44:14.100 --> 00:44:16.100
AS STATED EARLIER RSA GUIDANCE NOTES

00:44:17.100 --> 00:44:20.100
PRIOR COMPENSATION MAY BE CONSIDERED
AND PROVIDES GUIDANCE AS TO WHAT

00:44:21.100 --> 00:44:23.100
COMPENSATION MAY QUALIFY. AFTER

00:44:24.100 --> 00:44:27.100
CAREFUL CONSIDERATION OF THE RSA
GUIDANCE, PRESENTED TO YOU TODAY AS

00:44:30.100 --> 00:44:32.100
TO WHAT QUALIFIES AS PRIOR

00:44:34.100 --> 00:44:37.100
COMPENSATION STAFF RECOMMENDS OPTION
NO. 1 -- THERE'S TWO OPTIONS FOR

00:44:38.100 --> 00:44:41.100
BEFORE YOU TODAY. OPTION ONE, WHICH
CONSIDERS THE 2020TWC IRP AS PRIOR

00:44:46.100 --> 00:44:48.100
COMPENSATION. UNDER THIS OPTION, 86

00:44:49.100 --> 00:44:51.100
MANAGERS -- THAT IS EIGHT LESS THAN

00:44:52.100 --> 00:44:55.100
WOULD RECEIVE OUR FRRP FUNDS
UTILIZING THE OPTION THAT

00:44:57.100 --> 00:45:00.100
[INDISCERNIBLE] MANAGERS TAKES THE
POSITION AS CORRECT THAT OPTION ONE

00:45:00.100 --> 00:45:02.100
PAYS EIGHT LESS THAN OPTION TWO.

00:45:04.100 --> 00:45:06.100
HOWEVER, THE 86 MANAGERS THAT WILL

00:45:08.100 --> 00:45:10.100
RECEIVE FUNDING FROM FRRP WILL

00:45:11.100 --> 00:45:13.100
RECEIVE AN AMOUNT EQUAL TO 34.34% OF

00:45:15.100 --> 00:45:17.100
THEIR TOTAL LOSSES IN 2020. I MIGHT

00:45:18.100 --> 00:45:20.100
ADD THAT THE MANAGERS THAT WILL NOT

00:45:21.100 --> 00:45:23.100
RECEIVE FRRP FUNDS UNDER OPTION ONE

00:45:27.100 --> 00:45:29.100
RECOVERED ALL OF THEIR 2020 REPORTED

00:45:30.100 --> 00:45:32.100
LOSSES. AND MORE. THROUGH THE TWC

00:45:34.100 --> 00:45:36.100
IRP THAT WAS PAID OUT IN 2020. IN

00:45:38.100 --> 00:45:40.100
FACT, IN BETWEEN $1452 AND $13,737

00:45:42.100 --> 00:45:44.100
MORE THAN THEIR LOSSES. THE ELECTED

00:45:47.100 --> 00:45:50.100
COMMITTEE MANAGER TAKES THE POSITION
THAT THE IRP PAYMENTS MADE BY TWC

00:45:53.100 --> 00:45:56.100
SHOULD NOT BE CONSIDERED. AND THAT'S
PERFECTLY LEGITIMATE. THERE IS NO

00:45:57.100 --> 00:46:00.100
REQUIREMENT EITHER WHAT -- THAT'S WHY
THERE'S TWO OPTIONS. THIS OPTION IS

00:46:02.100 --> 00:46:05.100
NO. 2 FOR CONSIDERATION BY THE
COMMISSION. UNDER THIS OPTION, 92

00:46:07.100 --> 00:46:09.100
MANAGERS, EIGHT MORE THAN OPTION ONE,

00:46:12.100 --> 00:46:14.100
WOULD RECEIVE FRRP FUNDS. THE 92

00:46:15.100 --> 00:46:17.100
MANAGERS RECEIVING FRRP FUNDS WOULD

00:46:18.100 --> 00:46:20.100
RECEIVE 25.83% OF THEIR 2020 LOSSES.

00:46:23.100 --> 00:46:25.100
THE REASON FOR THE DROP AT 5.81

00:46:26.100 --> 00:46:28.100
PERCENT MONEY WILL BE DISTRIBUTED
OVER A LARGER [INDISCERNIBLE]. THE

00:46:30.100 --> 00:46:32.100
EIGHT ADDITIONAL LICENSE MANAGERS

00:46:34.100 --> 00:46:37.100
THAT WOULD RECEIVE FRRP FUNDS ARE THE
EIGHT I DESCRIBED TO YOU JUST A

00:46:39.100 --> 00:46:42.100
MINUTE AGO. I CAN PROVIDE AN
OVERVIEW OF THE FORMULAS IF YOU WISH.

00:46:46.100 --> 00:46:48.100
THE ONLY DIFFERENCES BETWEEN OPTION
ONE THAT CONSIDERS THE IRP IN 2020.

00:46:51.100 --> 00:46:54.100
OPTION TWO THAT DOESN'T. IS THE
CONSIDERATION OF THAT IRP. THE

00:46:56.100 --> 00:46:59.100
NUMBER OF LICENSED MANAGERS RECEIVING
FRRP FUNDS. AND THE PERCENTAGE THAT

00:47:01.100 --> 00:47:04.100
THE MAJORITY WILL RECEIVE AS I JUST
DESCRIBED TO YOU. SO STAFF IS

00:47:05.100 --> 00:47:07.100
SEEKING DIRECTION ON THE SELECTION OF

00:47:09.100 --> 00:47:12.100
OPTION ONE. METHODOLOGY BY WHICH
FRRP FUNDS WILL BE DISTRIBUTED TO

00:47:13.100 --> 00:47:16.100
ELIGIBLE LICENSED MANAGERS.
ADDITIONALLY STAFF SEEKS DIRECTION ON

00:47:18.100 --> 00:47:21.100
APPROVAL TO SUBMIT FRRP APPLICATION
FOR RSA USING THE SELECTED

00:47:23.100 --> 00:47:25.100
METHODOLOGY. CERTAINLY OPEN TO ANY

00:47:26.100 --> 00:47:29.100
QUESTIONS YOU MAY HAVE.
>> QUESTIONS OR COMMENTS? I

00:47:31.100 --> 00:47:33.100
UNDERSTAND WE HAVE SOME PUBLIC
COMMENT.

00:47:37.100 --> 00:47:39.100
>> COMMISSIONERS SEVERAL FOLKS ARE

00:47:40.100 --> 00:47:43.100
HERE SIGNED IN TO PROVIDE COMMENTS.
I'LL CALL THEM UP INDIVIDUALLY. IF

00:47:44.100 --> 00:47:46.100
THEY'LL INTRODUCE THEMSELVES FOR THE
RECORD AND BEGIN TO OFFER THEIR

00:47:47.100 --> 00:47:49.100
COMMENTS WITH A 3-MINUTE LIMITATION

00:47:50.100 --> 00:47:53.100
ON COMMENTS. FIRST WE HAVE MIKE
SPARKS.

00:47:53.100 --> 00:47:55.100
>> OKAY. GOOD MORNING EVERYBODY. MY

00:48:27.100 --> 00:48:30.100
NAME IS MIKE SPARKS. I AM THE
ELECTED COMMITTEE CHAIR OF OUR

00:48:32.100 --> 00:48:34.100
PROGRAM REPRESENTING 105 NEIGHBORS.

00:48:39.100 --> 00:48:41.100
AND THE THREE MINUTES I HAVE TODAY IS

00:48:44.100 --> 00:48:47.100
NOT VERY MUCH TIME TO GO THROUGH WHAT
HAS TAKEN PLACE HERE. SO I'M JUST

00:48:49.100 --> 00:48:52.100
GOING TO [INDISCERNIBLE]. I BELIEVE
MR. HUDSON HAS A LOT MORE OPPORTUNITY

00:48:54.100 --> 00:48:57.100
TO TALK TO STAFFERS. THE
COMMISSIONERS HERE THAT I HAVEN'T HAD

00:48:57.100 --> 00:48:59.100
THE OPPORTUNITY. THIS IS MY ONLY

00:49:00.100 --> 00:49:02.100
OPPORTUNITY. THREE MINUTES. JUST IN

00:49:04.100 --> 00:49:07.100
THAT I DON'T BELIEVE IS VERY FAIR.
BUT WHAT HAS HAPPENED HERE IS YES, WE

00:49:07.100 --> 00:49:09.100
DID WORK ON THE PLAN AS REQUIRED FROM

00:49:10.100 --> 00:49:12.100
RSA WITH POWER STATE LICENSING. WE

00:49:14.100 --> 00:49:17.100
PUT A LOT OF WORK INTO THAT. I'VE
ASKED CHAIRMAN TO CHECK. LOTS OF

00:49:19.100 --> 00:49:21.100
HOURS ON THE SPREADSHEET. COME UP

00:49:24.100 --> 00:49:26.100
WITH A PLAN THAT WOULD SATISFY THE

00:49:28.100 --> 00:49:30.100
MANAGERS, THE FLA, AND KEEP US IN

00:49:31.100 --> 00:49:33.100
COMPLIANCE WITH GUIDANCE THAT RSA

00:49:35.100 --> 00:49:38.100
PROVIDED FOR US. SO WE DID WORK ON
THIS. WE DID HAVE ACTIVE

00:49:39.100 --> 00:49:41.100
PARTICIPATION. WHAT I'M ABOUT TO SAY

00:49:44.100 --> 00:49:46.100
NOW IS, AFTER WE DECIDE WITH THE SLA

00:49:47.100 --> 00:49:49.100
WHO AGREED WE WILL NOT GO WITH WHAT'S

00:49:50.100 --> 00:49:52.100
DESCRIBED AS OPTION NO. 1. WE WOULD

00:49:53.100 --> 00:49:56.100
CONSIDER THOSE OTHER EIGHT MANAGERS.
WE WANT TO GIVE EVERYBODY THAT WE

00:49:57.100 --> 00:49:59.100
COULD IN THIS PLAN. SOME PEOPLE

00:50:04.100 --> 00:50:06.100
RECEIVED MORE THAN 3,000

00:50:08.100 --> 00:50:10.100
[INDISCERNIBLE] AND THAT'S GOOD.
THAT MONEY IS COMING. THAT'S GONE.

00:50:11.100 --> 00:50:13.100
THAT WAS 2,000. IF I HAD THE

00:50:15.100 --> 00:50:17.100
OPPORTUNITY TO SPEAK AND BE PART OF

00:50:19.100 --> 00:50:22.100
THE BRIEFINGS THAT THE COMMISSIONERS
AND STAFFERS ALREADY HAD I WOULDN'T

00:50:26.100 --> 00:50:29.100
BE ABLE TO TELL YOU THINGS THAT'S
HAPPENING DURING THIS TIME. IT'S A

00:50:29.100 --> 00:50:31.100
LONG WAIT TIME THAT WE'VE HAD.

00:50:32.100 --> 00:50:35.100
THINGS LIKE MANAGERS WHO CAN'T AFFORD
THEIR DIABETIC MEDICINE. MANAGERS

00:50:38.100 --> 00:50:41.100
WHO HAVE HAD TO SELL THEIR VEHICLES
TO PAY BILLS. THESE KINDS OF THINGS

00:50:45.100 --> 00:50:47.100
HAVE BEEN GOING ON SINCE THE COVID.
AND SOME OF IT OVER THE LAST THREE

00:50:49.100 --> 00:50:51.100
MONTHS AS WE ARE HOPING TO PREPARE TO

00:50:55.100 --> 00:50:57.100
SUBMIT THE PLAN TO RSA SO THAT WE CAN

00:50:59.100 --> 00:51:02.100
MOVE FORWARD. WE HAVE MANAGERS THAT
NEED THE MONEY FROM NOW. SO WHAT I'M

00:51:03.100 --> 00:51:06.100
SAYING IS, WE DIDN'T -- AFTER WE HAD
AGREED ON A PLAN WITH OUR DIRECTOR,

00:51:09.100 --> 00:51:11.100
WE'RE ALL READY TO WORK WITH OPTION

00:51:12.100 --> 00:51:14.100
NO. 2. [INDISCERNIBLE]. ALL OF A

00:51:16.100 --> 00:51:19.100
SUDDEN, YOU KNOW, OKAY WE HAVE OUR
DIRECTOR EVERYTHING HAD TO GO THROUGH

00:51:21.100 --> 00:51:24.100
UPPER MANAGEMENT. AND FROM THAT
POINT THIS COMMITTEE HAD NO ACTIVE

00:51:26.100 --> 00:51:28.100
PARTICIPATION. I DO NOT KNOW WHO THE

00:51:33.100 --> 00:51:35.100
STAFFERS WERE WHO MR. [INDISCERNIBLE]

00:51:36.100 --> 00:51:38.100
SPOKE TO. I WASN'T THERE. I DIDN'T
HAVE A SAY. WE WERE INFORMED OF THIS

00:51:40.100 --> 00:51:42.100
CHANGE JANUARY OF JULY THE SECOND.

00:51:43.100 --> 00:51:45.100
THIS FRIDAY PAST FRIDAY. DIDN'T GIVE

00:51:47.100 --> 00:51:49.100
US ANY TIME TO COME UP WITH SOMETHING

00:51:51.100 --> 00:51:53.100
ELSE TO WORK ON SOME OTHER WAY THAT

00:51:54.100 --> 00:51:56.100
WE COULD MAKE SURE THESE EIGHT PEOPLE

00:51:58.100 --> 00:52:01.100
[INDISCERNIBLE]. THAT'S WHY WE'RE
HERE TODAY. I'M ASKING THE

00:52:01.100 --> 00:52:03.100
COMMISSIONERS TO REJECT OPTION NO. 1.

00:52:05.100 --> 00:52:07.100
AND HAVE OUR SLA STICK TO THE

00:52:09.100 --> 00:52:12.100
AGREEMENT THAT WE ALREADY HAVE.
THERE ARE SEVERAL STATES ALREADY.

00:52:15.100 --> 00:52:17.100
THE MAJORITY OF STATES HAVE HAD EXTRA

00:52:19.100 --> 00:52:22.100
INCOME GIVEN TO SOME OF THEIR
MANAGERS FROM THEIR STATES. AND

00:52:25.100 --> 00:52:27.100
THERE WAS NO PROBLEM. THERE WAS NO
PROBLEM. THEY WERE APPROVED.

00:52:30.100 --> 00:52:32.100
[INDISCERNIBLE] HAD THEIR MONEY IN
THEIR HAND NOW. AND WE HAVE BEEN

00:52:33.100 --> 00:52:35.100
WAITING THREE MONTHS. THREE MONTHS.

00:52:38.100 --> 00:52:40.100
STAFFERS WERE TALKING TO EVERYBODY AT

00:52:41.100 --> 00:52:44.100
SLA AND ALL THIS TIME WE WERE JUST
SITTING THERE WAITING. WE WERE TOLD

00:52:45.100 --> 00:52:47.100
THAT THE COMMISSIONERS OVER HERE

00:52:49.100 --> 00:52:52.100
TODAY HAD BRIEFINGS ON IT. I WASN'T
PART OF THAT. I WAS NOT A PART OF

00:52:53.100 --> 00:52:55.100
THAT. NOBODY ON THE COMMITTEE WAS A

00:52:56.100 --> 00:52:59.100
PART. WE HAD NO SAY SO. WE GET THE
WORD FRIDAY THAT SLA IS GOING BACK ON

00:53:01.100 --> 00:53:03.100
OUR AGREEMENT. THERE WAS TWO PLANS

00:53:05.100 --> 00:53:08.100
HERE THAT WE'RE LOOKING AT TODAY --
TWO OPTIONS. AND COMMITTEE THAT

00:53:17.100 --> 00:53:20.100
COMMISSIONERS REJECT OPTION ONE. I'M
SURE WE HAVE SOME OTHER CALLERS THAT

00:53:21.100 --> 00:53:23.100
WANT TO GET IN. [INDISCERNIBLE] SO

00:53:27.100 --> 00:53:29.100
PLEASE REJECT OPTION NO. 1. MAKE OUR

00:53:30.100 --> 00:53:32.100
SLA STICK TO THE AGREEMENT THAT WE

00:53:33.100 --> 00:53:35.100
HAD ALL THIS TIME SO WE COULD SUBMIT

00:53:37.100 --> 00:53:39.100
THIS PLAN TO RSA SO WE CAN PUT MONEY

00:53:40.100 --> 00:53:42.100
BACK IN THE HANDS OF PEOPLE WHO NEED

00:53:43.100 --> 00:53:45.100
IT FROM NOW. AND WITH THAT I'LL GIVE

00:53:49.100 --> 00:53:51.100
MY TIME. THANK YOU.

00:54:03.100 --> 00:54:06.100
>> NEXT SPEAKER IS ALSO PRESENT
TODAY. TOM CHEVY.

00:54:31.100 --> 00:54:33.100
>> GOOD MORNING. THANK YOU ALL FOR

00:54:34.100 --> 00:54:37.100
ALLOWING ME TO ADDRESS -- MY NAME IS
TOM CHEVY. I'M THE OWNER AND
OPERATOR OF CHUCK WIRE CAFE CHUCK

00:54:37.100 --> 00:54:39.100
WIRE TO GO. BLIND ENTREPRENEUR ALSO

00:54:42.100 --> 00:54:44.100
KNOWN AS TWC AS LICENSED MANAGER.

00:54:47.100 --> 00:54:49.100
I'M ASKING YOU ALL TO OPPOSE OPTION

00:54:50.100 --> 00:54:53.100
NO. 1. THE FUNDING -- THE EMERGENCY
FUNDING FROM LAST YEAR THAT CAME FROM

00:54:54.100 --> 00:54:56.100
TWC THROUGH THE BET, THAT FUNDING WAS

00:54:58.100 --> 00:55:00.100
ORIGINALLY FROM A RETIREMENT FUND

00:55:01.100 --> 00:55:03.100
THAT WAS LEFT IN A TRUST. AND THE

00:55:04.100 --> 00:55:06.100
FRRP FUNDS ARE PART OF A FEDERAL

00:55:09.100 --> 00:55:11.100
GRANT AS MR. HUT STATED ALL THE 50

00:55:16.100 --> 00:55:18.100
STATES FOR ALL THE RANDOLPH SHEPHERD.

00:55:19.100 --> 00:55:21.100
NOW THIS GRANT MONEY HAS NO BEARING

00:55:22.100 --> 00:55:24.100
ON ANY OF THE FUNDINGS FROM 2020 THAT

00:55:25.100 --> 00:55:27.100
WAS PAID OUT. SO WITH THE FAQS THAT

00:55:29.100 --> 00:55:32.100
WAS PUT OUT FROM RANDOLPH SHEPHERD
ACT, YES, AS MR. [INDISCERNIBLE]

00:55:36.100 --> 00:55:39.100
STATED IT COULD BE CONSIDERED. BUT
ONCE AGAIN IT HAS NO BEARING AT ALL.

00:55:40.100 --> 00:55:43.100
THAT'S WHY THE LEKKED COMMITTEE OF
MANAGERS WITH HELP FROM MY WIFE AND

00:55:45.100 --> 00:55:47.100
DISCUSSION WITH A LOT OF THE OTHER
MANAGERS THROUGHOUT THE STATE. WE

00:55:48.100 --> 00:55:51.100
DID EVERYTHING WE POSSIBLY COULD TO
MAKE SURE EVERYBODY THAT COULD BE

00:55:52.100 --> 00:55:54.100
INCLUDED WAS INCLUDED. SO THAT'S WHY

00:55:55.100 --> 00:55:57.100
OUR PLAN HAD THE ADDITIONAL EIGHT

00:55:58.100 --> 00:56:00.100
MANAGERS IN THERE. YES, OF COURSE,

00:56:02.100 --> 00:56:04.100
YOU KNOW, WE WOULD RECEIVE A LITTLE
LESS. BUT 25% OF OUR LOSSES AND

00:56:09.100 --> 00:56:12.100
WE'RE ALL GOING TO BE REIMBURSED ONLY
A LITTLE OVER 25% OF OUR LOSSES AND

00:56:13.100 --> 00:56:15.100
THAT'S FINE. IT'S BETTER THAN

00:56:16.100 --> 00:56:19.100
NOTHING. WE'RE ALL TRYING TO GET
BACK TO WORK. SO, YOU KNOW, I REALLY

00:56:21.100 --> 00:56:23.100
IMPLORE YOU ALL TO CHOOSE WHAT THE

00:56:24.100 --> 00:56:26.100
ELECTED COMMITTEE AND THE SLA AND WE

00:56:27.100 --> 00:56:29.100
AGREED UPON BACK IN APRIL. SO THANK

00:56:33.100 --> 00:56:36.100
YOU FOR THAT TIME AND I APPRECIATE
IT.
>> WHEN I CALL YOUR NAME IF YOU GO

00:56:43.100 --> 00:56:46.100
AHEAD AND UNMUTE YOURSELF AND
INTRODUCE YOURSELF FOR THE RECORD.

00:56:46.100 --> 00:56:48.100
FIRST BARBIE PACHECO.

00:56:49.100 --> 00:56:51.100
>> HI. MY NAME IS BARBIE PACHECO. I

00:56:57.100 --> 00:57:00.100
DO PRISON VENDING IN GATESVILLE,
TEXAS. AND SO, I WANT TO SAY NOT TO

00:57:04.100 --> 00:57:06.100
VOTE FOR OPTION ONE, BECAUSE THERE

00:57:07.100 --> 00:57:10.100
ARE STILL MANAGERS THAT ARE NOT GOING
TO BE OPEN WITH THEIR STATE

00:57:12.100 --> 00:57:14.100
CAFETERIAS SUCH AS LIKE BROWN HEATLY

00:57:15.100 --> 00:57:17.100
BUILDING UNTIL SEPTEMBER. AND I

00:57:18.100 --> 00:57:20.100
OPENED ABOUT A MONTH AND A HALF AGO,

00:57:24.100 --> 00:57:26.100
AND THE VISITATION THAT WE'VE HAD IS

00:57:27.100 --> 00:57:29.100
ONLY ABOUT 20 TO 25% OF WHAT IT USED

00:57:30.100 --> 00:57:32.100
TO BE BECAUSE THERE'S VIRTUAL
VISITATION GOING ON. SO NO VISITORS

00:57:33.100 --> 00:57:35.100
ARE COMING. AND THE MONEY THAT WE

00:57:39.100 --> 00:57:41.100
WOULD LOSE IF YOU CHOOSE OPTION ONE,

00:57:44.100 --> 00:57:46.100
YOU KNOW, EVERYBODY WOULD LOSE MONEY

00:57:47.100 --> 00:57:50.100
THAT WE NEED TO SURVIVE UNTIL
BUSINESS PICKS BACK UP. ESPECIALLY

00:57:53.100 --> 00:57:55.100
THOSE IN THE CAFETERIA BUSINESS THAT

00:57:56.100 --> 00:57:58.100
ARE JUST WAITING ON PINS AND NEEDLES

00:57:59.100 --> 00:58:01.100
FOR THEIR CAFETERIAS TO OPEN FULLY.

00:58:02.100 --> 00:58:05.100
ONE OF THOSE INDIVIDUALS THAT'S NOT
GOING TO RECEIVE THE FUNDS IF YOU

00:58:06.100 --> 00:58:08.100
CHOOSE THAT OPTION ONE, IS A BLIND

00:58:09.100 --> 00:58:11.100
LADY THAT IS IN A WHEELCHAIR. AND IF

00:58:12.100 --> 00:58:14.100
YOU CHOSE OPTION ONE, THAT PARTICULAR

00:58:15.100 --> 00:58:17.100
LADY WILL NOT GET A DIME OF THE

00:58:18.100 --> 00:58:20.100
GOVERNMENT MONEY THAT WAS DECIDED ON

00:58:21.100 --> 00:58:23.100
WITH THE PREVIOUS ADMINISTRATION.

00:58:24.100 --> 00:58:27.100
THAT'S HOW LONG WE'VE BEEN WAITING
FOR THIS MONEY SINCE, YOU KNOW,

00:58:29.100 --> 00:58:31.100
DONALD TRUMP WAS PRESIDENT. AND THEY

00:58:32.100 --> 00:58:34.100
AGREED UPON THIS FORMULA LIKE I SAID

00:58:40.100 --> 00:58:42.100
THREE MONTHS AGO. AND THEN ON FRIDAY

00:58:44.100 --> 00:58:46.100
SOMEBODY DECIDED TO INCLUDE THE

00:58:49.100 --> 00:58:51.100
FINANCIAL ASSISTANCE WE RECEIVED FOR

00:58:52.100 --> 00:58:55.100
FIVE MONTHS LAST YEAR. AND THERE
WASN'T ANY TIME FOR THE MANAGERS TO

00:58:57.100 --> 00:58:59.100
GET TOGETHER AND, YOU KNOW, PROTEST

00:59:02.100 --> 00:59:05.100
WHAT WAS KIND OF THROWN AT US WITHOUT
ANY CLUE. SO MY WHOLE THING IS, DO

00:59:11.100 --> 00:59:14.100
NOT VOTE FOR OPTION ONE, BECAUSE IT
WILL HARM SO MANY MANAGERS. AND WE

00:59:18.100 --> 00:59:21.100
NEED TO GET BACK TO WORK AND GET BACK
TO NORMAL. AND WITH THAT, I YIELD MY

00:59:23.100 --> 00:59:25.100
TIME.
>> THANK YOU. WE HAVE CARLA

00:59:29.100 --> 00:59:31.100
MARTINEZ.

00:59:32.100 --> 00:59:35.100
>> GOOD MORNING EVERYBODY. THANK YOU
SO MUCH FOR THE OPPORTUNITY TO SPEAK.

00:59:36.100 --> 00:59:38.100
AND THANKS EVERYBODY THAT HAS SPOKEN.

00:59:40.100 --> 00:59:42.100
THE [INDISCERNIBLE] HERE IS THAT IF

00:59:45.100 --> 00:59:48.100
YOU COMMISSIONERS SUPPORT OPTION NO.
1, THAT WILL AFFECT THE MOST AFFECTED

00:59:53.100 --> 00:59:55.100
DIFFERENT ENTERPRISE OF TEXAS MONEY.

00:59:57.100 --> 01:00:00.100
THEY ARE THE PEOPLE THAT MAKE THE
LEAST INCOME IN THE PROGRAM. AND

01:00:02.100 --> 01:00:04.100
THEY ARE GOING TO CONTINUE BEING

01:00:05.100 --> 01:00:08.100
AFFECTED FOR NOT BEING HELPED,
BECAUSE WE GOT THESE FUNDS. THIS ONE

01:00:13.100 --> 01:00:16.100
WAS REALLY HELPFUL THAT CAME FROM OUR
RETIREMENT PLAN. WE'RE VERY HELPFUL.

01:00:19.100 --> 01:00:22.100
BUT YOU ALL KNOW THAT IN MOST PARTS
OF TEXAS YOU CANNOT LIVE ON $3,000 IN

01:00:24.100 --> 01:00:26.100
A MONTH. AND ALTHOUGH THERE WERE,

01:00:29.100 --> 01:00:31.100
YOU KNOW, DIFFERENT ASSISTANCE
PROGRAMS AND ALL THAT, WE LOST A LOT

01:00:34.100 --> 01:00:36.100
OF INVENTORY, SALES, WE STILL HAVE TO

01:00:37.100 --> 01:00:39.100
PAY MORTGAGES AND ALL THAT. TO BE

01:00:40.100 --> 01:00:42.100
HONEST WITH YOU, THESE SIX OPTIONS

01:00:47.100 --> 01:00:50.100
ONE BENEFITS ME MORE, BUT I AM HERE
THINKING ON THE PEOPLE THAT ACTUALLY

01:00:52.100 --> 01:00:55.100
AFFECTS THEM MAKE THE LEAST PROFIT IN
THE PROGRAM. AND I DO BELIEVE THAT

01:00:57.100 --> 01:00:59.100
WE ALL NEED TO THINK ON THESE PEOPLE.

01:01:00.100 --> 01:01:02.100
BECAUSE AS I SAID, I KNOW THAT

01:01:03.100 --> 01:01:06.100
THERE'S PEOPLE THAT HAVE LOST THEIR
HOUSES OR ARE LOSING -- SELLING CARS

01:01:08.100 --> 01:01:10.100
SO THEY CAN SURVIVE. I REALLY URGE

01:01:12.100 --> 01:01:14.100
YOU AND ASK YOU TO PLEASE REJECT

01:01:15.100 --> 01:01:17.100
OPTION NO. 1 AND ALSO TO EXPEDITE THE

01:01:20.100 --> 01:01:22.100
RESOLUTION OF THESE PROCESS. SO

01:01:23.100 --> 01:01:25.100
MANAGERS CAN HAVE MONEY TO SURVIVE,

01:01:28.100 --> 01:01:30.100
TO RE-OPEN THEIR BUSINESSES. AND TO

01:01:31.100 --> 01:01:33.100
BE ABLE TO PURCHASE THE STOCK THAT

01:01:35.100 --> 01:01:38.100
THEY'RE GOING TO NEED TO RESTOCK
THEIR INVENTORY. WE HAVE AN

01:01:39.100 --> 01:01:41.100
INVENTORY ASSISTANCE PLAN -- YES,

01:01:42.100 --> 01:01:45.100
THAT'S TRUE. BUT THE TECHNICALITY OF
THE EFFECT MAKE IT SO AMBIGUOUS THAT

01:01:46.100 --> 01:01:49.100
WE ARE STILL GOING TO HAVE TO TAKE
MONEY FROM OUR POCKET TO RE-OPEN.

01:01:50.100 --> 01:01:53.100
THAT'S GOING TO BE HELP, BUT IT'S NOT
GOING TO BE WHAT WE NEED TO REFRESH

01:01:57.100 --> 01:02:00.100
PRODUCTS OR REFRIGERATOR PRODUCTS.
SO EVERYBODY NEEDS SOME HELP. SO

01:02:01.100 --> 01:02:03.100
PLEASE REJECT OPTION NO. 1 AND PUT

01:02:05.100 --> 01:02:08.100
YOUR HAND ON YOUR HEART AND TRY TO
HELP THESE MANAGERS THAT ARE LESS

01:02:11.100 --> 01:02:13.100
FAVORED AND THAT MAKE LESS PROFIT SO

01:02:14.100 --> 01:02:17.100
THEY CAN CONTINUE ON WITH THEIR
CAREER. IT'S HARD FOR A

01:02:19.100 --> 01:02:22.100
[INDISCERNIBLE] IN THE JOB MARKET TO
BE ABLE TO FIND AN OPPORTUNITY TO

01:02:23.100 --> 01:02:26.100
WORK AND BE PRODUCTIVE. SO PLEASE
HELP HER SO WE CAN CONTINUE WITH OUR

01:02:28.100 --> 01:02:30.100
OPPORTUNITY OF BEING SUCCESSFUL BLIND

01:02:31.100 --> 01:02:33.100
ENTREPRENEURS. I YIELD MY TIME.

01:02:34.100 --> 01:02:36.100
>> THANK YOU. NEXT WE HAVE ASHLEY

01:02:39.100 --> 01:02:42.100
NICOLE EDWARDS.
>> NEXT WE HAVE ALOHA COOK.

01:02:59.100 --> 01:03:01.100
>> YES. MY NAME IS ALOHA COOK. I'M

01:03:05.100 --> 01:03:07.100
A BLIND MANAGER WHO OPERATES THE POST

01:03:08.100 --> 01:03:11.100
OFFICE IN AUSTIN, TEXAS. I'M HERE TO
ASK YOU ALL TO ALSO OPPOSE OPTION NO.

01:03:14.100 --> 01:03:16.100
1. AS MAR TINA SAID EIGHT OF THOSE

01:03:19.100 --> 01:03:22.100
MANAGERS ARE SOME OF OUR LOWEST
INCOME MANAGERS WE HAVE IN THIS

01:03:23.100 --> 01:03:25.100
PROGRAM. EVERY ONE OF US NEEDS THIS

01:03:26.100 --> 01:03:28.100
MONEY. I AM GETTING PROBABLY PART OF

01:03:29.100 --> 01:03:32.100
THE LEAST OF IT, WHICH IS FINE. I
UNDERSTAND THAT I HAVE THE

01:03:32.100 --> 01:03:34.100
OPPORTUNITY TO AT LEAST KEEP WORKING.

01:03:35.100 --> 01:03:37.100
OUR MANAGERS -- AT LEAST 90 OF THEM

01:03:39.100 --> 01:03:42.100
OR MORE WERE OUT OF A JOB FOR A YEAR
TO A YEAR AND A HALF. AND I AM NOT

01:03:43.100 --> 01:03:45.100
TRYING TO BE DISRESPECTFUL IN ANY

01:03:46.100 --> 01:03:49.100
FORM OR FASHION. AND I HOPE YOU
DON'T TAKE IT THIS WAY. THE STATE

01:03:50.100 --> 01:03:52.100
GOT TO STAY AT HOME AND WORK. THEY

01:03:53.100 --> 01:03:55.100
GOT PAID. WHEN YOU CLOSED DOWN THE

01:03:56.100 --> 01:03:58.100
STATE, YOU CLOSED DOWN OUR
CAFETERIAS. YOU CLOSED DOWN THE

01:04:00.100 --> 01:04:03.100
FEDERAL BUILDINGS. YOU CLOSED DOWN
OUR CAFETERIAS. OUR PRISONS WERE

01:04:05.100 --> 01:04:08.100
CLOSED DOWN. YOU TOOK A LOT OF
INCOME FROM MANAGERS THAT WAS NOT

01:04:08.100 --> 01:04:10.100
Y'ALL'S FAULT. IT WAS ALL DUE TO

01:04:11.100 --> 01:04:14.100
COVID-19 AND I UNDERSTAND THAT. BUT
THESE MANAGERS WHO WENT A YEAR AND A

01:04:16.100 --> 01:04:19.100
HALF AND SOME OF THEM ARE STILL NOT
BACK WORKING DESERVE THIS MONEY.

01:04:20.100 --> 01:04:23.100
IT'S A FEDERAL GRANT THAT WAS
SUPPOSED TO BE GIVEN TO THE BLIND

01:04:24.100 --> 01:04:26.100
MANAGERS OR BLIND VENDORS TO HELP

01:04:28.100 --> 01:04:31.100
RECOUP WHAT THEY LOST IN THIS YEAR
AND A HALF. THEY WERE NOT ALLOWED TO

01:04:32.100 --> 01:04:34.100
WORK. WHILE STATE AND FEDERAL

01:04:35.100 --> 01:04:37.100
EMPLOYEES GOT TO STAY HOME AND WORK

01:04:38.100 --> 01:04:40.100
AND GET PAID WHILE WE DIDN'T. SO

01:04:42.100 --> 01:04:44.100
PLEASE, LISTEN TO YOUR HEART. AND DO

01:04:48.100 --> 01:04:50.100
THE RIGHT THING AND OPPOSE OPTION NO.

01:04:52.100 --> 01:04:55.100
1. THANK YOU. I YIELD MY TIME AND
HAVE A GREAT DAY.

01:04:56.100 --> 01:04:58.100
>> THANK YOU. SEAN WRIGHT.
>> HELLO.

01:05:08.100 --> 01:05:10.100
>> HI. GO AHEAD.
>> HI THIS IS SEAN WRIGHT. JOHNSON

01:05:13.100 --> 01:05:15.100
SPACE CENTER IN HOUSTON, TEXAS. JUST

01:05:18.100 --> 01:05:20.100
REITERATE SOME OF THE THINGS KIND OF

01:05:22.100 --> 01:05:24.100
ALREADY SAID. I'M PRETTY SURE I'M
ONE OF THE MANAGERS WHO WILL NOT

01:05:25.100 --> 01:05:27.100
RECEIVE THE MONEY. IT'S JUST BRIEFLY

01:05:30.100 --> 01:05:33.100
I'LL TOUCH ON THE WHOLE RAILROAD
ASPECT OF THIS WHOLE THING OF LIKE

01:05:35.100 --> 01:05:38.100
THE LAST MINUTE WE'RE GOING TO SWITCH
IT. WE'RE GOING TO SWITCH AND THEN

01:05:39.100 --> 01:05:41.100
EVERYONE GETS IN A PANIC AND IT'S

01:05:42.100 --> 01:05:44.100
KIND OF LIKE OH, MAYBE THEY'LL CLAMOR
AND NOT GET THEIR ACT TOGETHER AND

01:05:47.100 --> 01:05:50.100
DEFEND THEMSELVES AND WE'LL SCHEDULE
AT 9:00 A.M. SIT IN HERE WITH

01:05:52.100 --> 01:05:55.100
CUSTOMERS THAT I'M TRYING TO SERVE
WHILE I'M DOING THIS WITH AN EAR

01:05:56.100 --> 01:05:59.100
PIECE IN WALKING AROUND TRYING TO
FIGURE OUT ZOOM. IT'S ALL PRETTY

01:06:01.100 --> 01:06:03.100
NEFARIOUS IS THE WORD I WOULD USE.

01:06:04.100 --> 01:06:06.100
BUT MOVING ON I WOULD SAY THAT IT'S

01:06:09.100 --> 01:06:11.100
NOT GOING TO HURT -- IT'S GOING TO

01:06:12.100 --> 01:06:14.100
HURT EVERYONE INVOLVED. I MEAN, I

01:06:15.100 --> 01:06:18.100
DON'T HAVE -- I'M NOT USING THE MONEY
FOR ANYTHING OTHER THAN TO GROW MY

01:06:19.100 --> 01:06:21.100
BUSINESS. AND THAT IS TAX SELLERS

01:06:26.100 --> 01:06:28.100
AND THE GOVERNMENT'S POCKET. AND
THAT SET ASIDE FEES BACK INTO THE BET

01:06:33.100 --> 01:06:35.100
MONEY POT. I MEAN, IT JUST IS -- SO

01:06:38.100 --> 01:06:41.100
WHEN I STARTED THIS THING, QUIT MY
JOB, GET THROUGH THE CLASS, SEND ME

01:06:42.100 --> 01:06:44.100
TO HOUSTON. AND IT WENT YEAH, COOL.

01:06:47.100 --> 01:06:50.100
LET'S DO IT. LET'S GET AFTER IT.
POSITIVE ATTITUDE THE WHOLE TIME.

01:06:51.100 --> 01:06:54.100
THREE MONTHS LATER COVID HITS AND I
LOSE MY JOB FOR SIX MONTHS. AND

01:06:55.100 --> 01:06:58.100
SURE, YEAH, WE GOT MONEY. WE USED
IT. WE LIVED. AND WE GOT SO LIVE

01:07:00.100 --> 01:07:02.100
AND TONS OF -- AND [INDISCERNIBLE]

01:07:04.100 --> 01:07:07.100
GETS THROWN OUT. YOU KNOW, YOU JUST
GOT TO KEEP ROLLING WITH THE PUNCHES.

01:07:08.100 --> 01:07:10.100
BUT THIS WHOLE THING IS JUST -- I
MEAN, I DON'T KNOW -- I THINK YOU

01:07:11.100 --> 01:07:13.100
GUYS KNOW WHAT TO DO. YOU KNOW. IT

01:07:17.100 --> 01:07:19.100
DOESN'T SEEM ANYTHING BUT INCREDIBLY

01:07:20.100 --> 01:07:22.100
OBVIOUS. BUT, YOU KNOW, I THINK WHEN

01:07:29.100 --> 01:07:32.100
DOLLARS START GETTING THROWN AROUND
PEOPLE GO A LITTLE NUTS, FORGET THEIR

01:07:34.100 --> 01:07:36.100
HEART. FORGET WHAT'S RIGHT. YOU'RE
NOT TALKING TO A BUNCH OF PEOPLE WHO

01:07:37.100 --> 01:07:39.100
ARE BUMS. THESE ARE -- I'M CERTAINLY

01:07:40.100 --> 01:07:43.100
NOT. I WALKED A MILE AND A HALF IN
THE RAIN THIS MORNING TO GET TO WORK.

01:07:46.100 --> 01:07:48.100
AND I DO IT A LOT AND I WALK A MILE

01:07:49.100 --> 01:07:52.100
AND A HALF HOME. IN THE SWELTERING
HOUSTON HEAT. GOT TO CHANGE MY

01:07:53.100 --> 01:07:56.100
CLOTHES WHEN I GET HOME. GOT TO
BRING AN EXTRA PAIR OF CLOTHES TO GET

01:07:57.100 --> 01:07:59.100
UP HERE SO WITH OUR SWEAT OUT IN THE

01:08:00.100 --> 01:08:03.100
FIRST PAIR OR HAVE TO CHANGE THEM.
BECAUSE I DON'T HAVE TRANSPORTATION

01:08:04.100 --> 01:08:06.100
TO GET UP HERE. YOU KNOW, I'M NOT A

01:08:07.100 --> 01:08:09.100
BUM. NOT ASKING FOR A HANDOUT. I

01:08:10.100 --> 01:08:13.100
WORK MY ASS OFF. ALL RIGHT. I YIELD
MY TIME. VOTE AGAINST OPTION ONE

01:08:14.100 --> 01:08:16.100
PLEASE.
>> THANK YOU. GREGORY STEVENOA.

01:08:21.100 --> 01:08:23.100
>> SOFIA SPARKS.

01:08:38.100 --> 01:08:40.100
>> HELLO. THANK YOU FOR ALLOWING ME

01:08:42.100 --> 01:08:44.100
TO SPEAK. MY NAME IS SOFIA SPARKS.

01:08:45.100 --> 01:08:48.100
I'M A LICENSED MANAGER. AND A FORMER
MEMBER OF THE ECM BOARD. AND I WAS

01:08:50.100 --> 01:08:52.100
AN ECM MEMBER DURING THE TIME THAT

01:08:53.100 --> 01:08:56.100
THE ECM WORKED WITH THE STATE
LICENSING AGENCY IN ORDER TO DERIVE

01:08:59.100 --> 01:09:01.100
FRRP CALCULATIONS, THE EQUATION. WE

01:09:04.100 --> 01:09:06.100
ALSO DID A LOT OF ADJUSTMENTS TO THIS

01:09:07.100 --> 01:09:09.100
CALCULATION IN ORDER TO ACHIEVE A

01:09:12.100 --> 01:09:14.100
PRODUCT THAT BOTH THE COMMITTEE AND

01:09:16.100 --> 01:09:19.100
THE STATE AGREED UPON. AND THAT
AGREEMENT DID NOT INCLUDE IRP. WHILE

01:09:22.100 --> 01:09:25.100
I UNDERSTAND THE OPPOSING VIEWS OF
OTHERS, I DISAGREE WITH THE METHOD IN

01:09:28.100 --> 01:09:31.100
WHICH THE OPINION IS BEING VOICED.
THE FEDERAL LAW DICTATES THAT ALL

01:09:32.100 --> 01:09:35.100
PROGRAM DECISIONS ARE TO INCLUDE THE
PARTICIPATION OF THE ECM. AS A

01:09:37.100 --> 01:09:39.100
FORMER DIRECTOR OF THIS PROGRAM,

01:09:40.100 --> 01:09:42.100
MICHAEL HOOKS UNDERSTANDS THIS ASPECT

01:09:43.100 --> 01:09:45.100
OF THE FEDERAL LAW. FOR MR. HOOKS TO

01:09:46.100 --> 01:09:49.100
VOICE THIS RECOMMENDATION IN THIS
VENUE, WHICH COUNTERS WHAT THE

01:09:50.100 --> 01:09:52.100
CURRENT DIRECTOR AND ECM DISCUSSED

01:09:53.100 --> 01:09:56.100
AND AGREED UPON WITHOUT DISCUSSING
HIS POINT IN ALLOWING THE LAWFUL

01:09:59.100 --> 01:10:02.100
PROCESS TO OCCUR IS MY OPPOSITION. I
ASK THE COMMISSIONERS HOLD THE FRRP

01:10:06.100 --> 01:10:08.100
CALCULATIONS DETERMINED BY THE ECM

01:10:10.100 --> 01:10:13.100
AND CURRENT DIRECTOR PER THE FEDERAL
LAW AND VOTE FOR OPTION TWO. I YIELD

01:10:14.100 --> 01:10:17.100
BACK MY TIME.
>> THANK YOU. LE ROY FEAR.

01:10:22.100 --> 01:10:24.100
>> WE'LL RETURN BACK TO ASHLEY NICOLE

01:10:38.100 --> 01:10:41.100
EDWARDS WHO I UNDERSTAND IS ON THE
LINE.

01:10:41.100 --> 01:10:43.100
>> GOOD MORNING. MY NAME IS ASHLEY

01:10:49.100 --> 01:10:51.100
EDWARDS. I'M IN HOUSTON, TEXAS AT

01:10:52.100 --> 01:10:54.100
THE BOB CASEY COURTHOUSE. I

01:10:55.100 --> 01:10:58.100
REPRESENT TWO OF THE MANAGERS WHO
WILL BE AFFECTED BY THE CHOICE AND

01:10:59.100 --> 01:11:01.100
SELECTION OF OPTION ONE. AND

01:11:02.100 --> 01:11:05.100
REMOVING THOSE PEOPLE HAVE A DIRECT
EFFECT ON THEIR LIVES, THEIR

01:11:06.100 --> 01:11:09.100
LIVELIHOOD. AND SO MANY OTHER PEOPLE
IN THIS PROGRAM. WE ARE HERE TO HELP

01:11:11.100 --> 01:11:13.100
EACH OTHER OUT AS A VIABLE STATE I AM

01:11:14.100 --> 01:11:16.100
MY BROTHER'S KEEPER. IF Y'ALL MOVE

01:11:17.100 --> 01:11:19.100
FORWARD AND SIDE WITH THE SLA AND

01:11:21.100 --> 01:11:23.100
MAKING THE DECISION TO ALLOW THEM TO

01:11:24.100 --> 01:11:26.100
REMOVE THOSE ADDITIONAL EIGHT
MANAGERS, IT HAS MORE THAN JUST

01:11:28.100 --> 01:11:31.100
FINANCIAL EFFECTS ON THEM. IT HAS AN
EFFECT ON THE PROGRAM. BECAUSE

01:11:32.100 --> 01:11:34.100
SEVERAL OF THEM HAVE STATED WITHOUT
THAT ADDITIONAL INCOME, THEY WILL

01:11:37.100 --> 01:11:40.100
POTENTIALLY QUIT THIS PROGRAM. THIS
WHOLE THING WITH THE FRRP IS FOR

01:11:43.100 --> 01:11:46.100
RESTORATION. IN ORDER TO RESTORE
SOMEONE TO WHOLE YOU HAVE TO GIVE

01:11:49.100 --> 01:11:51.100
THEM MORE THAN JUST $15,000. I DON'T

01:11:52.100 --> 01:11:55.100
THINK ANY PERSON IN THE STATE OF
TEXAS CAN SURVIVE OFF OF 15,000,

01:11:58.100 --> 01:12:00.100
12,000, 10,000, ANY VARIANT OF IT.

01:12:01.100 --> 01:12:04.100
IF WE DON'T ALLOW THESE ADDITIONAL
MANAGERS TO RECEIVE THIS FUND, SOME

01:12:05.100 --> 01:12:07.100
OF THEM WILL BE LOSING THEIR HOUSING.

01:12:08.100 --> 01:12:11.100
SOME OF THEM WILL NOT BE ABLE TO PAY
FOR THEIR MEDICAL EXPENSES. WE ALL

01:12:12.100 --> 01:12:14.100
HAVE DECIDED AS AN ECM COLLECTIVE

01:12:15.100 --> 01:12:18.100
THAT WE FEEL LIKE THOSE PEOPLE SHOULD
BE ENTITLED TO THE MONEY. THEY

01:12:19.100 --> 01:12:21.100
SHOULD BE ENTITLED TO THOSE FUNDS.

01:12:22.100 --> 01:12:25.100
WE HAVE MADE A DECISION. AND AS FAR
AS OUR DISABILITIES GO, I DON'T THINK

01:12:25.100 --> 01:12:27.100
ANY OF US HAVE BEEN RATED AS

01:12:28.100 --> 01:12:30.100
INCOMPETENT. WE HAVE MADE OUR

01:12:31.100 --> 01:12:34.100
DECISION. WE STANDBY OUR DECISION.
[INDISCERNIBLE] MADE THAT DECISION

01:12:35.100 --> 01:12:38.100
AND SHE AGREED WITH US INITIALLY.
NOW SHE'S GOING TO DECIDE WITH WHAT

01:12:39.100 --> 01:12:42.100
THE FLA SAYS. AND THAT DOESN'T WORK
FOR US. YOU ALL ARE PARTICIPATING

01:12:43.100 --> 01:12:45.100
PARTY WITH US. Y'ALL ARE TO BE

01:12:47.100 --> 01:12:50.100
ACCOMPANYING US IN THIS PROGRAM. IF
IT WAS NOT FOR US YOU WOULD NOT HAVE

01:12:51.100 --> 01:12:54.100
JOBS. YOU WOULD NOT HAVE THE
POSITIONS THAT YOU HAVE. JUST BE

01:12:56.100 --> 01:12:58.100
THOUGHTFUL AND THINK OF THAT WHEN
YOU'RE MAKING THESE DECISIONS.

01:12:59.100 --> 01:13:01.100
BECAUSE YOUR CHOICE HAS A DIRECT
EFFECT ON SEVERAL PEOPLE. IF Y'ALL

01:13:03.100 --> 01:13:05.100
DO NOT GIVE THAT MONEY BACK TO THOSE

01:13:06.100 --> 01:13:09.100
PEOPLE, THEN WE WILL HAVE TO FIGURE
OUT WITHIN OUR OWN RANKS HOW TO GET

01:13:11.100 --> 01:13:13.100
BACK TO HELP OUR OWN MANAGERS. I

01:13:14.100 --> 01:13:17.100
YIELD MY TIME. THANK YOU.
>> THANK YOU. AND RETURNING BACK TO

01:13:21.100 --> 01:13:23.100
GREGORY STEVENOA IS ON THE LINE.

01:13:25.100 --> 01:13:28.100
>> OKAY. AM I UNMUTED NOW?
>> YOU'RE GOOD. PLEASE PROCEED.

01:13:29.100 --> 01:13:31.100
>> I THINK YOU MAY HAVE JUST MUTED

01:13:33.100 --> 01:13:36.100
YOURSELF AGAIN.
>> I'M SORRY. I THINK I MUTED MYSELF

01:13:36.100 --> 01:13:38.100
AGAIN HOW ABOUT NOW?
>> YOU'RE GREAT. GO AHEAD.

01:13:39.100 --> 01:13:41.100
>> OKAY. THERE'S BEEN A LOT OF
COMPELLING INFORMATION OUT SO I'M

01:13:42.100 --> 01:13:44.100
JUST GOING TO KEEP IT SHORT. I JUST

01:13:47.100 --> 01:13:50.100
IMPLORE YOU TO PLEASE GO WITH OPTION
TWO. FORGET ABOUT OPTION ONE. AND

01:13:52.100 --> 01:13:54.100
THAT'S GOING TO BE PRETTY MUCH ALL I
HAVE TO SAY. THANK YOU.

01:13:57.100 --> 01:13:59.100
>> THANK YOU. COMMISSIONERS THIS
ITEM IS NOW BEFORE YOU FOR YOUR

01:14:00.100 --> 01:14:02.100
CONSIDERATION.
>> CHAIRMAN, I HAVE A FEW COMMENTS

01:14:08.100 --> 01:14:10.100
I'D LIKE TO ASK MR. HOOKS. MR. HOOKS

01:14:11.100 --> 01:14:14.100
IF WE WERE TO DELAY THIS COULD WE
DELAY IT FOR A FUTURE DOCKET.

01:14:24.100 --> 01:14:26.100
>> IT WOULD POSTPONE A LITTLE BIT
LONGER. THE MANAGERS GETTING THE

01:14:27.100 --> 01:14:29.100
MONEY, BUT IT WOULDN'T BE MONTHS. IT

01:14:31.100 --> 01:14:33.100
WOULD BE UNTIL JUST THE NEXT MEETING
IF WE POSTPONED IT TO THAT MEETING.

01:14:35.100 --> 01:14:38.100
>> I'D ALSO LIKE TO ASK YOU IF WE
COULD SURVEY THE OTHER LICENSED

01:14:46.100 --> 01:14:49.100
MANAGERS ON THIS SPECIFIC TOPIC WOULD
THAT BE POSSIBLE?

01:14:49.100 --> 01:14:51.100
>> SURE. WE COULD DO THAT SURE. WE

01:14:52.100 --> 01:14:55.100
COULD SEND A COMMUNICATION ASKING FOR
THEIR OPINIONS.

01:14:57.100 --> 01:14:59.100
>> THOSE ARE THE QUESTIONS I HAVE.

01:15:01.100 --> 01:15:03.100
FROM THE TESTIMONY HEARD EARLIER AND
THE OPTIONS YOU PRESENTED TO US.

01:15:05.100 --> 01:15:08.100
>> FIRST OF ALL, LET ME THANK MIKE
YOU AND THE TEAM FOR BRINGING THIS

01:15:10.100 --> 01:15:12.100
FORWARD. BECAUSE THE WORK PUT INTO

01:15:14.100 --> 01:15:16.100
THIS EFFORT AND ALSO THOSE ECM.

01:15:17.100 --> 01:15:20.100
THOSE EMPLOYERS IN THE STATE.
APPRECIATE THEIR POSITIONS. AND

01:15:21.100 --> 01:15:24.100
THEIR CONCERNS. APPRECIATE THE WORK
YOU GUYS DO DAY IN AND DAY OUT MAKE A

01:15:25.100 --> 01:15:27.100
DIFFERENCE IN TEXANS LIVES AS WELL.

01:15:28.100 --> 01:15:30.100
I WANT TO MAKE SURE I UNDERSTAND

01:15:31.100 --> 01:15:33.100
COMMISSIONER ALVAREZ APPRECIATE YOUR

01:15:34.100 --> 01:15:36.100
COMMENTS. [INDISCERNIBLE] ALLOW THIS

01:15:37.100 --> 01:15:40.100
TO PRODUCE THINGS. BUT OPTION ONE AS
I UNDERSTAND IT RESULTS IN 84ECMS

01:15:45.100 --> 01:15:47.100
BENEFIT. AND THEN OPTION TWO IS 92

01:15:48.100 --> 01:15:51.100
THAT WOULD RECEIVE IT. AND WE'RE
SIMPLY DEALING WITH OPTION ONE 84

01:15:53.100 --> 01:15:55.100
OPTION TWO 92. THE DIFFERENCE IS THE

01:15:56.100 --> 01:15:58.100
IRP BEING INCLUDED ARE NOT INCLUDED

01:16:01.100 --> 01:16:03.100
IN THIS FORM [INDISCERNIBLE].

01:16:04.100 --> 01:16:07.100
>> THAT'S THE ESSENCE OF THE
DIFFERENCE BETWEEN THE TWO OPTIONS IS
THAT OPTION ONE CONSIDERS THE IRP

01:16:09.100 --> 01:16:11.100
REFERRED IN 2020 PRIOR COMPENSATION

01:16:13.100 --> 01:16:15.100
AND OPTION TWO DOES NOT.
>> I HEARD THE PRESENTATION. EXPLAIN

01:16:18.100 --> 01:16:20.100
IRP JUST ONE MORE TIME IN REGARD TO

01:16:22.100 --> 01:16:25.100
THOSE DIFFERENCES. [INDISCERNIBLE]
>> CERTAINLY, WE INSTITUTED AN

01:16:26.100 --> 01:16:28.100
EMERGENCY INCOME REPLACEMENT PLAN IN

01:16:29.100 --> 01:16:31.100
2020. THREE MONTHS. AND THAT PLAN

01:16:33.100 --> 01:16:35.100
WAS BASED ON A CASE BY CASE BASIS.

01:16:36.100 --> 01:16:38.100
ANY MANAGER THAT REPORTED LESS THAN

01:16:39.100 --> 01:16:41.100
$2720 IN A GIVEN MONTH WOULD RECEIVE

01:16:43.100 --> 01:16:45.100
A CASH PAYMENT OF $3,000. THAT WAS

01:16:47.100 --> 01:16:50.100
CONDUCTED FOR THREE MONTHS. ON
AUGUST 25TH, THE COMMISSION VOTED TO

01:16:55.100 --> 01:16:57.100
ONE REPLENISH THE FUNDS FOR TRUST

01:16:58.100 --> 01:17:01.100
FUND. AND MR. [INDISCERNIBLE]
MENTIONED TO YOU COMMENTS. BUT MONEY

01:17:02.100 --> 01:17:04.100
HAD ORIGINALLY COME FROM DOLLARS

01:17:05.100 --> 01:17:08.100
DISSOLVING THE [INDISCERNIBLE]
RETIREMENT FUND. COMMISSION VOTED TO

01:17:09.100 --> 01:17:12.100
REPLACE THOSE FUNDS. USE THAT AS A
FUND SOURCE. IT WAS REPLACED. AND

01:17:13.100 --> 01:17:16.100
TO EXTENDED BENEFIT FOR TWO MONTHS
AND THAT'S HOW IT ENDED UP BEING

01:17:18.100 --> 01:17:21.100
[INDISCERNIBLE].
>> THAT AMOUNT IS EITHER GOING TO BE
INCLUDED OR NOT INCLUDED IN THE FORM

01:17:22.100 --> 01:17:25.100
OF THE [INDISCERNIBLE].
>> THAT IS CORRECT.

01:17:25.100 --> 01:17:27.100
>> AGAIN THANK YOU FOR THE WORK

01:17:31.100 --> 01:17:33.100
YOU'VE BEEN DOING. APPRECIATE.

01:17:34.100 --> 01:17:36.100
[INDISCERNIBLE].

01:17:37.100 --> 01:17:39.100
>> REMIND ME OF THE TOTAL NUMBER

01:17:40.100 --> 01:17:43.100
ASSISTANCE.
>> DURING THE PERIOD OF 2020 THERE

01:17:44.100 --> 01:17:46.100
WAS 103 MANAGERS THAT ARE AFFECTED BY

01:17:48.100 --> 01:17:51.100
THIS. AS YOU MIGHT REMEMBER OPTION
NO. 2, THE ELECTED COMMITTEE MANAGERS

01:17:54.100 --> 01:17:56.100
OPTION, THERE WERE 11 MANAGERS THAT

01:17:58.100 --> 01:18:00.100
WOULD NOT RECEIVE IT. WHO WERE THEY?

01:18:01.100 --> 01:18:04.100
THREE OF THEM WERE MANAGERS THAT
OPERATED MILITARY BASIS THAT ACTUALLY

01:18:06.100 --> 01:18:08.100
DURING COVID WAS VERY FORTUNATE THAT

01:18:09.100 --> 01:18:12.100
TIME MONETARY-WISE. YOU MIGHT
REMEMBER THE HOSPITAL BEING SET UP AT

01:18:13.100 --> 01:18:16.100
BLACKMAN THINGS LIKE THAT. THE OTHER
EIGHT OF THOSE ELEVEN WERE ALSO

01:18:17.100 --> 01:18:19.100
MANAGERS THAT MADE MORE MONEY IN 2020

01:18:22.100 --> 01:18:25.100
THAN THEY DID IN 2019 OR DID NOT
OPERATE A FACILITY AT ALL IN 2020.

01:18:26.100 --> 01:18:29.100
THEY WERE LICENSED, BUT DID NOT
OPERATE A FACILITY DURING THAT TIME.

01:18:34.100 --> 01:18:37.100
>> ABOUT HOW MANY MANAGERS RECEIVED
OUR [INDISCERNIBLE] LAST YEAR?

01:18:37.100 --> 01:18:39.100
>> WE AVERAGE PER MONTH ABOUT 94 TO

01:18:42.100 --> 01:18:44.100
100. BECAUSE YOU CAN IMAGINE WHEN WE

01:18:45.100 --> 01:18:47.100
STARTED IT, IT WAS IN APRIL AND WE

01:18:49.100 --> 01:18:52.100
PAID IN MAY. THE NUMBER WAS LARGER
BECAUSE THE PROFOUND EFFECTS

01:18:53.100 --> 01:18:55.100
OCCURRING THERE. [INDISCERNIBLE]. I

01:18:56.100 --> 01:18:58.100
THINK WE UPPED AT 100. WHEN WE

01:19:00.100 --> 01:19:02.100
STARTED WE WENT DOWN TO ABOUT 94.

01:19:04.100 --> 01:19:06.100
>> SO THE MOST MANAGERS RECEIVED ONE

01:19:11.100 --> 01:19:13.100
OR MORE IRPS.

01:19:14.100 --> 01:19:17.100
>> CERTAINLY. WHERE WE COME UP WITH
THE EIGHT IS THAT MANY -- OBVIOUSLY

01:19:18.100 --> 01:19:21.100
THE MAJORITY OF THE MANAGERS RECEIVED
A PORTION OF THE MONEY DURING THAT

01:19:22.100 --> 01:19:24.100
TIME. BUT IT WASN'T ENOUGH TO RECOUP

01:19:25.100 --> 01:19:28.100
ALL OF THEIR LOSSES. THE EIGHT THAT
ARE THE DIFFERENCE BETWEEN OPTION ONE

01:19:28.100 --> 01:19:30.100
AND OPTION TWO WERE THE ONES THAT

01:19:31.100 --> 01:19:34.100
WERE ABLE THE 15,000 THEY RECEIVED
WERE ABLE TO FOR THEM TO RECOVER ALL

01:19:36.100 --> 01:19:38.100
THE REPORTED LOSSES TO 2020 DOWN THE

01:19:40.100 --> 01:19:43.100
YEAR 2019 DOWN TO THE YEAR AND SOME
MORE.

01:19:45.100 --> 01:19:47.100
>> DO WE HAVE A MOTION ON THIS?
>> CHAIRMAN, I'D LIKE TO THANK

01:19:49.100 --> 01:19:51.100
CHAIRMAN SPARKS, MRS. SPARKS, ASHLEY

01:19:53.100 --> 01:19:55.100
AND NICOLE EDWARDS, CARLA MARTINEZ,

01:19:56.100 --> 01:19:58.100
ALOHA COOK, MISS BARBIE PACHECO,

01:20:03.100 --> 01:20:05.100
MR. WRIGHT, AND TOM FOR PRESENTING

01:20:06.100 --> 01:20:09.100
TODAY AND PROVIDING US WITH SOME
COMMENTS. YOU KNOW GIVEN THE

01:20:10.100 --> 01:20:13.100
COMMENTS THAT WERE JUST DELIVERED
THIS MORNING, THAT WERE MADE HERE I

01:20:14.100 --> 01:20:17.100
WOULD LIKE TO AND I WOULD MOTION THAT
WE MOVE THIS AGENDA ITEM AND TAKE

01:20:18.100 --> 01:20:20.100
ACTION AT A LATER DOCKET OR NEXT WEEK

01:20:22.100 --> 01:20:25.100
IF IT'S TIME SENSITIVE.
>> SECOND.

01:20:25.100 --> 01:20:28.100
>> I'M IN AGREEMENT.
>> OKAY.

01:20:29.100 --> 01:20:31.100
>> SO JUST GOING BACK MR. HOOKS, THE

01:20:32.100 --> 01:20:34.100
SURVEY WITH THE LICENSED MANAGER IS A

01:20:35.100 --> 01:20:38.100
REQUEST BEING MADE THAT'S POSSIBLE.
>> I CAN PREPARE THAT AND HAVE THAT

01:20:39.100 --> 01:20:41.100
OUT FOR YOU EITHER LATE TODAY OR
EARLY TOMORROW.

01:20:42.100 --> 01:20:44.100
>> THANK YOU VERY MUCH. AND AGAIN,
THANK YOU FOR ALL THOSE WHO PROVIDED

01:20:45.100 --> 01:20:47.100
COMMENTS TODAY.
>> MR. CHAIRMAN, COMMISSIONER ALVAREZ

01:20:49.100 --> 01:20:52.100
MOTION THAT WE ACCEPT LATER DOCKET ON
NEXT WEEK I'D LIKE FOR US TO MOVE ON

01:20:53.100 --> 01:20:55.100
TO NEXT WEEK IF AT ALL POSSIBLE.

01:20:56.100 --> 01:20:59.100
>> I WOULD BE OKAY WITH THAT CHAIRMAN
CONSIDERING MR. HOOKS WILL HAVE THE

01:20:59.100 --> 01:21:02.100
INFORMATION FOR US.
>> [INDISCERNIBLE].

01:21:02.100 --> 01:21:04.100
>> YES, SIR. WE ARE -- I BELIEVE WE

01:21:08.100 --> 01:21:10.100
ARE PREPARED TO CONTINUE THIS ITEM TO

01:21:11.100 --> 01:21:14.100
NEXT WEEK. IF THAT IS NOT THE CASE
CONSULTING WITH OUR AGENDA I WILL

01:21:15.100 --> 01:21:18.100
REPORT BACK AND MAKE SURE IT'S THE
FOLLOWING WEEK. BUT I BELIEVE WE ARE

01:21:19.100 --> 01:21:22.100
[INDISCERNIBLE].
>> ALL RIGHT. [INDISCERNIBLE]?

01:21:24.100 --> 01:21:26.100
>> NO, SIR.
>> THIS IS AGENDA ITEM NO. 9.

01:21:27.100 --> 01:21:29.100
>> BEFORE YOU TODAY FOR DISCUSSION

01:21:50.100 --> 01:21:53.100
CONSIDERATION AND POSSIBLE ACTION IS
A DISCUSSION PAPER REGARDING ADULT

01:21:54.100 --> 01:21:56.100
EDUCATION AND LITERACY, ACCELERATE

01:21:57.100 --> 01:21:59.100
[INDISCERNIBLE]. THE PURPOSE OF
ACCELERATE TEXAS IS TO DESIGN AND

01:22:01.100 --> 01:22:04.100
DELIVER QUALITY INTEGRATION EDUCATION
AND TRAINING IET PROGRAMS THAT

01:22:06.100 --> 01:22:08.100
ADDRESS THE EDUCATION NEEDS OF
PRIORITY POPULATIONS SUCH AS BASIC

01:22:11.100 --> 01:22:14.100
[INDISCERNIBLE] IN INDIVIDUALS
ENGLISH LANGUAGE LEARNERS AND THOSE

01:22:15.100 --> 01:22:18.100
WITHOUT HIGH SCHOOL CREDENTIALS. A
SECONDARY PURPOSE OF ACCELERATE TEXAS

01:22:20.100 --> 01:22:23.100
IS TO DEMONSTRATE AND DISSEMINATE
EFFECTIVE AND INNOVATIVE MODELS

01:22:25.100 --> 01:22:27.100
STATEWIDE THAT EXPAND TEXAS' CAPACITY

01:22:28.100 --> 01:22:30.100
TO DELIVER QUALITY IET SERVICES FOR

01:22:31.100 --> 01:22:33.100
BSE INDIVIDUALS. THE ANTICIPATED

01:22:34.100 --> 01:22:36.100
GRANT START DATE IS JULY 2021. AND

01:22:37.100 --> 01:22:39.100
FOUR WINNERS HAVE BEEN RECOMMENDED
FOR A TOTAL AWARD OF $2,008,677.

01:22:44.100 --> 01:22:46.100
THIS AMOUNT IS HIGHER THAN THE
ORIGINAL BUDGET OF 2 MILLION FOR THE

01:22:48.100 --> 01:22:51.100
PROJECT. THAT WAS PROPOSED ON JULY
28 OF 2020. DUE TO A 3-WAY TIE

01:22:53.100 --> 01:22:55.100
DURING EVALUATION. TODAY STAFF SEEKS

01:22:57.100 --> 01:23:00.100
CONSIDERATION AND COMMISSION APPROVAL
ON ONE OF TWO OPTIONS. OPTION ONE

01:23:01.100 --> 01:23:04.100
COMMISSION APPROVAL OF THE ADDITION
OF $8677 TO THE BUDGETED AMOUNT FOR

01:23:07.100 --> 01:23:09.100
THE RFA AND THE FOURTH GRANT AWARD.

01:23:12.100 --> 01:23:15.100
OPTION TWO FULLY FUNDING THE HIGHEST
SCORING APPLICANT AND REDUCING THE

01:23:16.100 --> 01:23:18.100
SECOND HIGHEST SCORING APPLICANT TO A

01:23:19.100 --> 01:23:22.100
SCORE IN A 3-WAY TIE BY 0.5829%
KEEPING THE TOTAL OF THE PROJECT AT

01:23:25.100 --> 01:23:28.100
$2 MILLION AND APPROVING THE FOR
AWARDS. THIS CONCLUDES MY

01:23:30.100 --> 01:23:33.100
PRESENTATION. HAPPY TO ANSWER ANY
QUESTIONS.

01:23:33.100 --> 01:23:35.100
>> IF POSSIBLE I WOULD LIKE TO HEAR

01:23:37.100 --> 01:23:40.100
ANY COMMENTS PARTICULARLY ON THIS
AGENDA ITEM. BECAUSE I HAVE TWO

01:23:41.100 --> 01:23:44.100
THINGS THAT I'VE BEEN THINKING ABOUT.
TWO OPTIONS THAT I HAVE.

01:23:47.100 --> 01:23:49.100
>> RFP AT A CERTAIN DOLLAR AMOUNT.

01:23:52.100 --> 01:23:55.100
I'D PROBABLY LIKE TO LEAVE IT AT THAT
AND [INDISCERNIBLE]. IF WE HAVE A

01:24:00.100 --> 01:24:03.100
CERTAIN DOLLAR AMOUNT CERTAIN GROUPS
HERE WE GO DOWN THAT LIST BASED ON

01:24:05.100 --> 01:24:08.100
WHATEVER CALCULATIONS
[INDISCERNIBLE]. SO I GUESS THAT

01:24:09.100 --> 01:24:11.100
WOULD BE FOLLOWING OPTION TWO. NOT

01:24:12.100 --> 01:24:14.100
OPPOSED TO $8,000 IS A SMALL AMOUNT

01:24:15.100 --> 01:24:18.100
HERE. BUT SOMETHING I WOULD LIKE TO
SEE -- THAT WAS SET BUDGET AMOUNT.

01:24:20.100 --> 01:24:23.100
AND THERE'S A TIE THERE'S PROBABLY
[INDISCERNIBLE] OR SOMETHING WE CAN

01:24:24.100 --> 01:24:26.100
DO.
>> TELL ME ABOUT YOUR TIE BREAKING

01:24:29.100 --> 01:24:31.100
PROCESS.
>> THIS IS THE FIRST TIME WE'VE EVER

01:24:35.100 --> 01:24:37.100
HAD A TIE LIKE THIS. SO IN THE

01:24:39.100 --> 01:24:41.100
FUTURE WE WILL HAVE TIE BREAKER
LANGUAGE THAT'S IN THE RFA. BUT FOR

01:24:43.100 --> 01:24:45.100
THIS ONE WE DID NOT.

01:24:46.100 --> 01:24:48.100
>> TELL ME HOW THE APPLICATIONS ARE

01:24:50.100 --> 01:24:52.100
SCORED?
>> THAT'S A GOOD QUESTION.

01:25:02.100 --> 01:25:04.100
>> [INDISCERNIBLE].
>> IT'S ALWAYS GOOD TO BRING ONE OF

01:25:05.100 --> 01:25:08.100
THOSE.
>> IT IS -- YES, SIR.
>> GOOD MORNING. [INDISCERNIBLE].

01:25:10.100 --> 01:25:12.100
RFAS ARE SCORED BASED ON A SET OF

01:25:13.100 --> 01:25:15.100
CRITERIA THAT [INDISCERNIBLE] GIVEN A

01:25:17.100 --> 01:25:20.100
POINT VALUE AND IS EVALUATED BY THREE
OR MORE EVALUATORS. INDEPENDENTLY OF

01:25:23.100 --> 01:25:26.100
EACH OTHER. THE SCORES ARE THEN
AVERAGED. AND THAT RESULTS IN THE

01:25:27.100 --> 01:25:30.100
FINAL [INDISCERNIBLE].
>> SO THE EVALUATORS DON'T

01:25:31.100 --> 01:25:34.100
COLLABORATE.
>> THEY DO NOT.
>> THEY BLIND SCORE IT AND THEN YOU

01:25:35.100 --> 01:25:38.100
AVERAGE THEM.
>> YES.
>> SO THE RESULTING TIE HERE IS A

01:25:38.100 --> 01:25:41.100
MATHEMATICAL SITUATION.
>> YES, IT IS.

01:25:41.100 --> 01:25:44.100
>> AND WE DID NOT INCLUDE OUR METHOD
FOR ROCK, PAPER, SCISSORS IN THE RFA

01:25:51.100 --> 01:25:54.100
I'M INCLINED TO AGREE WITH
COMMISSIONER DEMERSON ON THIS ONE.

01:25:55.100 --> 01:25:57.100
IT IS TRUE THAT $8100 IS NOT A HUGE

01:25:59.100 --> 01:26:01.100
AMOUNT OF MONEY OR 80% -- IT'S NOT A

01:26:03.100 --> 01:26:05.100
HUGE AMOUNT OF MONEY. BUT I PUT ON

01:26:06.100 --> 01:26:08.100
RFA FOR A CERTAIN AMOUNT. WE DIDN'T

01:26:09.100 --> 01:26:11.100
CAUSE A TIE. BUT I THINK IT'S KIND

01:26:12.100 --> 01:26:15.100
OF A PRINCIPLE HERE THAT WE'RE
OPERATING ON. WHEN I LOOK AT THE

01:26:16.100 --> 01:26:18.100
OPTION TWO DISTRIBUTION OF FUNDS, IT

01:26:21.100 --> 01:26:23.100
JUST SEEMS LIKE A WORKABLE AMOUNT OF

01:26:24.100 --> 01:26:26.100
FUNDS FOR EVERYBODY.

01:26:27.100 --> 01:26:30.100
>> I APPRECIATE THAT, BECAUSE I HAVE
TWO OPTIONS HERE. I WANTED TO HEAR

01:26:31.100 --> 01:26:33.100
FROM THE COMMISSION. THE
COMMISSIONERS, I SHOULD SAY. OKAY.

01:26:35.100 --> 01:26:37.100
I'M READY FOR A MOTION IF YOU ARE. I

01:26:38.100 --> 01:26:41.100
MOVE THAT WE APPROVE ONE GRANT AWARD
TOTALING $520,248. ONE GRANT

01:26:44.100 --> 01:26:46.100
AWARDING TOTALING $529,635. ONE

01:26:48.100 --> 01:26:50.100
GRANT AWARD TOTALING $204,489. AND

01:26:53.100 --> 01:26:55.100
ONE GRANT AWARD TOTALING $748,628 AS

01:26:58.100 --> 01:27:01.100
PRESENTED BY STAFF.
>> SECOND.

01:27:01.100 --> 01:27:03.100
>> WHAT WAS THAT LAST ONE?
>> $745,628.

01:27:07.100 --> 01:27:09.100
>> SECOND.
>> OKAY. THANK YOU.

01:27:11.100 --> 01:27:13.100
>> ITEM NO. 10. NOTHING FOR ITEM NO.

01:27:24.100 --> 01:27:26.100
10. ITEM NO. 11.

01:27:30.100 --> 01:27:32.100
>> GOOD MORNING CHAIRMAN
COMMISSIONERS AND MR. SERNA. FOR THE

01:27:34.100 --> 01:27:37.100
RECORD CHANTE WILLIAMS WITH THE
WORKFORCE DEVELOPMENT DIVISION. AND
BEFORE YOU FOR CONSIDERATION OUR WORK

01:27:40.100 --> 01:27:43.100
FORCE BOARD NOMINATIONS FOR WORK
FORCE SOLUTIONS. CAMERON COUNTY

01:27:45.100 --> 01:27:47.100
HEART OF TEXAS GULF COAST CENTRAL

01:27:48.100 --> 01:27:50.100
TEXAS AND HERMIAN BASIN. STAFF

01:27:52.100 --> 01:27:55.100
RECOMMENDS ALL NOMINEES BE APPROVED
AND I'M HERE TO ANSWER ANY QUESTIONS

01:27:55.100 --> 01:27:57.100
YOU HAVE.
>> ANY QUESTIONS OR COMMENT?

01:27:58.100 --> 01:28:01.100
>> NONE HERE CHAIRMAN. DO WE HAVE A
MOTION?
>> I MOVE HEART OF TEXAS GULF COAST.

01:28:06.100 --> 01:28:08.100
>> SECOND.
>> MOVED AND SECOND WE'RE UNANIMOUS.

01:28:10.100 --> 01:28:12.100
STAFF DOESN'T HAVE ANYTHING UNDER
ITEM NO. 12. IS THERE A LEGISLATIVE

01:28:14.100 --> 01:28:17.100
REPORT TODAY? EXECUTIVE DIRECTOR'S
REPORT.

01:28:17.100 --> 01:28:19.100
>> YES, THANK YOU ED FOR THAT. AS

01:28:26.100 --> 01:28:29.100
YOU KNOW OR FOR THOSE WHO DON'T KNOW
LAST WEEK WE WERE AWARDED A DOL

01:28:31.100 --> 01:28:34.100
EXPANSION GRANT THANKS TO THE
APPRENTICESHIP TEAM WHO IS PRESENT

01:28:35.100 --> 01:28:37.100
TODAY. AND SO, I WANTED TO
ACKNOWLEDGE THE FOLLOWING. DESI

01:28:39.100 --> 01:28:41.100
HOLMES IS OUR DIRECTOR TARA COLE,
GEORGE MCINTYRE, ANN PHAM, KIMBERLY

01:28:43.100 --> 01:28:46.100
PATTERSON, SHEILA RIPPLE, AND OUR
INTERN WITH THE APPRENTICESHIP GROUP

01:28:50.100 --> 01:28:52.100
IS FELIPE BRAZA. I WANTED TO

01:28:57.100 --> 01:29:00.100
CONGRATULATE THEM. I ALSO WANT TO
TAKE THIS OPPORTUNITY TO THANK

01:29:00.100 --> 01:29:03.100
EVERYONE INVOLVED IN THIS WHOLE
PROCESS. WE WERE ONE OF VERY FEW

01:29:04.100 --> 01:29:07.100
STATES THAT WERE AWARDED THIS GRANT.
SO I WANTED TO CERTAINLY ACKNOWLEDGE

01:29:08.100 --> 01:29:10.100
EVERYONE THAT WORKS IN THAT TEAM.

01:29:11.100 --> 01:29:13.100
AND OF COURSE WE HAVE KERRY. THANK
YOU KERRY FOR YOUR WORK AND COURTNEY

01:29:18.100 --> 01:29:21.100
FOR YOUR LEADERSHIP. BUT I
SPECIFICALLY WANTED TO ACKNOWLEDGE

01:29:22.100 --> 01:29:25.100
DESI AND HER TEAM FOR THE GREAT WORK
THEY'VE DONE. TO NOT ONLY PROMOTE

01:29:27.100 --> 01:29:29.100
THE APPRENTICESHIP PROGRAMS WE HAVE
IN TEXAS BUT CERTAINLY TAKE ADVANTAGE

01:29:31.100 --> 01:29:34.100
OF THIS EXPANSION GRANT WHERE WE HAVE
NOW APPRENTICES AND OTHER OCCUPATIONS

01:29:36.100 --> 01:29:38.100
NOT JUST IN THE TRADITIONAL

01:29:39.100 --> 01:29:41.100
APPRENTICESHIP CATEGORY THAT WE WOULD

01:29:43.100 --> 01:29:46.100
REMEMBER OR STARTED BACK IN 2016 BUT
NOW WE'RE IN IT HEALTHCARE CHILD

01:29:48.100 --> 01:29:50.100
CARE. WE'RE MAKING BEER. I MEAN,

01:29:51.100 --> 01:29:53.100
YOU NAME IT. SO I WANT TO THANK DESI

01:29:57.100 --> 01:29:59.100
AND HER TEAM FOR THAT.

01:30:00.100 --> 01:30:03.100
CONGRATULATIONS AND WELL DESERVED.
>> THESE NUMBERS INDIVIDUALS HERE CAN

01:30:06.100 --> 01:30:08.100
THEY STAND PLEASE? POINT THEM OUT.

01:30:12.100 --> 01:30:15.100
>> CONGRATULATIONS TO THE TEAM.
[APPLAUSE]

01:30:15.100 --> 01:30:18.100
>> .
>> COMMISSIONER, WE HAVE EXECUTIVE

01:30:18.100 --> 01:30:20.100
SESSION ON THE AGENDA. DO YOU WANT

01:30:21.100 --> 01:30:23.100
TO GET A SNAPSHOT. LET THE

01:30:26.100 --> 01:30:29.100
PHOTOGRAPHER INTO THE ARENA.
>> THAT WOULD BE GREAT. THANK YOU

01:30:29.100 --> 01:30:31.100
CHAIRMAN. HOW ABOUT THE MEETING

01:30:38.100 --> 01:30:40.100
ROOM? WE'LL LET THE PHOTOGRAPHER
INTO THE MEETING ROOM.

01:33:14.100 --> 01:33:16.100
>> THE TIME IS NOW 10:33. GOING INTO

01:33:17.100 --> 01:33:19.100
EXECUTIVE SESSION. DISCUSS THE

01:33:20.100 --> 01:33:22.100
APPOINTMENT EVALUATION OF
[INDISCERNIBLE] DISMISSAL. EXECUTIVE

01:33:25.100 --> 01:33:27.100
[TALKING TOO FAST].

02:31:24.100 --> 02:31:26.100
>> [END OF SESSION].