WEBVTT

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>> GOOD MORNING.
THE MEETING IS CALLED TO ORDER.

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HAS ANYONE SIGNED UP FOR PUBLIC
COMMENT.

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>> GOOD MORNING.
WE DO NOT HAVE PUBLIC COMMENT
THIS MORNING.

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WE WILL HAVE A FEW SPEAKERS FOR
ITEM NUMBER NINE.

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>> THANK YOU, VERY MUCH.

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GOOD MORNING MS. MILLER.
>> GOOD MORNING MR. CHAIRMAN.

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>> HOW ARE YOU?
>> WELL.

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>> GLAD TO HEAR THAT.
LET'S START WITH AGENDA ITEM 3.

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NO CASES TO RECONSIDER.
>> NO CASES.

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>> TEXAS LIABILITY CASES.

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NO TAX CASES DOCKET 28.
>> CORRECT.

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>> FARE HOUSING CASES AGENDA
FIVE.

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>> NO, SIR.
>> AGENDA ITEM SIX.
NOTHING PULLED.

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>> NONE PULLED FOR DISCUSSION.
YOU SHOULD OF RECEIVED THE WAGE

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CLAIM SHORT FORM DECENT LIST FOR

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DOCKET 28.
>> I MOVE --

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>> I ACCEPT.
>> I CONCUR WITH THE -

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[INAUDIBLE]
>> MOTION PASSES WITH EXCEPTIONS

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NOTED.
>> THANK YOU.
>> THANK YOU.

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ITEM 7.
PLEASE PROCEED WHEN YOU'RE

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READY.
>> CASE 207-5205.

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COMMISSIONER ALVAREZ.
>> THE CLAIMANT WAS ORIGINALLY

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QUALIFIED FOR BENEFITS.
SHE FILED FOR A RECEIPT, FILED

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FOR AND RECEIVED BENEFITS FOR
THE WEEKENDING MAY 16, 2020.

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DUE TO A TECHNICAL ISSUE A
SEQUENT! FOR BENEFITS WAS

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ISSUED AUGUST 4th.
THE CLAIMANT DIDN'T CHECK HER

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CORRESPONDENCE AT THE TIME.
SHE RETURNED TO WORK IN MAY.

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THERE AS THE CLAIMANT WAS
ORIGINALLY QUALIFIED FOR

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BENEFITS AND NO REASON TO CHECK
HER ELECTRONIC CORE SODDENS

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THROW MONTHS AFTER SHE RETURNED
TO WORK THE CLAIMANT'S LATE

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APPEAL SHOULD BE DEEMED TIMELY.

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TIMELY CLAIMANT APPEAL AND

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REMANNED.
>> THE AT DECISION IS

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SUPPORTABLE.
SHE RECEIVE THE THE

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DETERMINATION AND DIDN'T REVIEW
IT OR TAKE ACTION UNTIL AFTER

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THE APPEAL DEAD LINE PASSED.

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NO GOOD CAUSE, RULE 31 APPLIES

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TO THE LATE APPEAL IN THIS CASE.

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WE SHOULD AFFIRM THE AT
DECISION.
CLAIMANT FILED A LATE APPEAL.

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NO CHARGE BACK.
OVERPAYMENT $4168.

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>> AFFIRM THE AT, NO CHARGE
BACK, OVERPAYMENT.

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>> SHORT FORM DECENT.
>> YES SIR, COMMISSIONER

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ALVAREZ.
>> CASE 273-6820, COMMISSIONER

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ALVAREZ.
>> AFTER COMPLETION OF HER FINAL

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ASSIGNMENT NO ADDITIONAL WORK

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WAS PROVIDED TO THE CLAIMANT
WHEN REQUESTED.

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THE CLAIMANT WORKS WITH ONLY

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CONTINUED WORK WAS IN THE
RESIDENTIAL DEPARTMENT REQUIRING

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HER TO BATHE AND GROOM CLIENTS,

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COOK MEALS, AND CHANGE DIAPERS.

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THE EMPLOYER'S WITNESS TESTIFIED

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THE NEW WORK HAD ADDITIONAL
DUTIES AND THAT WORK IN THE

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CLAIMANT'S DEPARTMENT WAS NO
HONOR AVAILABLE.

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THE WORK OFFERED TO THE! ANT

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WAS OUTSIDE HER NORMAL JOB
DUTIES.

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THE CLAIMANT WAS LAID OFF WHEN
SHE COMPLETED HER TASK AND THIS

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WAS NO FURTHER WORK TO OFFER IN
THE DEPARTMENT.

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REVERSE THE AT.
>> THE AT DECISION IS

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SUPPORTABLE.
TESTIMONY AND EVIDENCE FROM BOTH
PARTIES ESTABLISHES THE CLAIMANT

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RESIGNED WHEN CONTINUED WORK WAS
AVAILABLE FOR REASONS THAT DO

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NOT CONSTITUTE GOOD CAUSE

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CONNECTED WITH THE WORK.
SHE HAD CONCERNED ABOUT
COVID-19, ACKNOWLEDGED THE MORE

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WAS FOLLOWING ALL ARE BEING
MACHINED SAFETY GUIDELINES AND

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TOLD HER SHE COULD REFUSE
SERVICES TO ANY PATIENT REFUSING

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TO FOLLOW CDC GUIDELINES.
THERE WAS NO GOOD CAUSE TO

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RESIGN.
THE DISQUALIFICATIONS SHOULD BE

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AFFIRMED.
OVERPAYMENT SHOULD BE AFFIRMED
SINCE THE CLAIMANT RECEIVED

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BENEFITS FOR A PERIOD SHE WAS
LATER DISQUALIFIED.

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THE DATES IN THE DECISION SHOULD
BE CHANGED TO CORRESPOND TO THE

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DATE OF THE RELEVANT WORK,
SEPARATION AND CONTINUED CLAIM.

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WE SHOULD MODIFY THE AT
DECISION.

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VOLUNTARY LEAVING OVERPAYMENT,

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CHANGE THE EMPLOYMENT DATES TO
CORRESPOND TO THE CONTINUED

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CLAIM.
>> REVERSE THE AT.

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NO MISCONDUCT.
NO OVERPAYMENT.

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>> THE MAJORITY VOTE IS NO

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MISCONDUCT, NO OVERPAYMENT.
>> WITH SHORT FORM.

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>> YES, SIR.
>> CASE 274-3770.

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COMMISSIONER ALVAREZ.
>> THE DECISION IS NOT
SUPPORTABLE.

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THE PAYMENT SHOULD NOT BE
CLASSIFIED AS SEPARATION PAY

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BECAUSE THE CLAIMANT WAS NOT

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SEPARATED.
SHE WAS FURLOUGHED AND RETURNED
TO FULL TIME WORK WITH THE

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EMPLOYER.
ADDITIONALLY THE CLAIMANT
RECEIVED A PAYMENT THAT WAS A

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FRACTION OF THE FORMER WAGE AND
BENEFIT AMOUNT.

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THE CLAIMANT SHOULDN'T BE
DISQUALIFIED FOR PAYMENTS LESS

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THAN HER WEEKLY BENEFIT AMOUNT.
MODIFY THE AT --

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>> THE AT DECISION IS NOT
SUPPORTABLE.
ONE OF THE REQUIREMENTS FOR

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SEVERANCE PAY IS PAYMENTS SHOULD
CORRESPOND TO THE REGULAR

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EARNINGS FOR A PARTICULAR PERIOD
OF TIME.
THE PAYMENTS MADE TO THE CLAIM

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APARTMENT IN THIS CASE WAS A
THIRD OF HER USUAL WAGES.

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THEY WERE NOT TRUE SEVERANCE PAY

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UNDER OUR STATUTE.
WE SHOULD REVERSE THE AT

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DECISION.
THE CLAIMANT DIDN'T RECEIVE

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SEVERANCE PAY.
THE CLAIMANT RECEIVES WEEKLY

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PAYMENTS FROM THE EMPLOYER BASED
ON A PORTION OF HER WAGES AND

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THE EMPLOYER REPORTED THOSE AS

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WAGES WE NEED TO HAVE A MEMO TO
HAVE INVESTIGATE WHETHER THE

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PAYMENTS SHOULD BE OR HAVE BEEN
REPORTED TO TWC AS EARNINGS ON A

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WEEKLY CLAIMS.

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>> REVERSE THE AT NO SEVERANCE

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DISQUALIFICATIONS.
GRANT THE WITH DRAWL TO THE

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JUNE 3rd, 2020 DETERMINATION.
>> WE'RE OKAY WITH THAT.

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>> LOOKS LIKE WE HAVE A
UNANIMOUS DECISION.

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>> CASE 274-6750.

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COMMISSIONER DEMERSON.
>> THE APPEAL TRIBUNAL DECISION

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SHOULD BE MODIFIED.
I BELIEVE THE CHARGE BACK SHOULD

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BE VOIDED.
THE CLAIMANT BECAME SEPARATED

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FROM THE JOB WHEN HE WAS ON
APPROVED LEAVE DUE TO COVID-19.

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NO MISCONDUCT TOOK PLACE.
WE SHOULD FIND THE JOB

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SEPARATION WAS A RESULT OF THE
DISASTER.
ACCORDINGLY MODIFY THE AT

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DECISION, NO MISCONDUCT, CHARGE

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BACK, DISASTER.
>> I WOULD AGREE WITH THAT.

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>> AGREED.
>> THANK YOU.

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WE HAVE A UNANIMOUS DECISION.
>> CASE 275-1780.

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COMMISSIONER ALVAREZ.
>> THE CLAIMANT STOPPED WORKING

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AND BEGAN TO QUARANTINE ON MARCH
15th, 2020 UPON DEVICE OF HIS

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DOCTOR FOR COVID LIKE SYMPTOMS.
THE EMPLOYER FILLED THE

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CLAIMANT'S POSITION WHILE HE WAS
ON QUARANTINE WHEN HE FELT

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BETTER HE CONTACTED THE EMPLOYER
AND WAS INFORMED HE WAS

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REPLACED.
THE CLAIMANT STOPPED WORKING AND

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LOST HIS JOB DUE TO THE PANDEMIC
THE CLAIMANT IS ELIGIBLE FOR PUA

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FROM THE DAY HE STOPPED WORKING.
IT SHOULD BE BACK DATED TO WHEN

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THE CLAIMANT WAS YOU CAN UNABLE

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TO WORK DUE TO THE PANDEMIC
MARCH 15th, 2020.

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REVERSE, CLAIMANT HE WILL EDGE I

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BELIEVE FOR PUA BENEFITS AND

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BACK DATE TO MARCH 15, 2020.

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>> A LOT OF DATES HERE.
THE AT DECISION SHOULD BE

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MODIFIED.
THE TESTIMONY AND EVIDENCE FROM
THE CLAIMANT IS SUFFICIENTLY

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CREDIBLE TO SHOW HE WAS OUT OF
WORK DUE TO THE PANDEMIC FROM

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MARCH 15th THROUGH JUNE 30,

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2020.
HE WAS CLEARLY TESTIFIED HE WAS

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SO SICK FROM WHAT HIS DOCTOR
FELT WAS A CASE OF COVID-19 THAT

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HE DIDN'T GET OR EVEN CONSIDER
GOING TO THE HOSPITAL DURING

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THAT TIME.
HIS TESTIMONY THAT STARTING IN

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MID-JUNE 2020 HE FELT
SUFFICIENTLY RECOVERED TO RETURN

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TO FULL TIME WORK, CREDIBLE IN
THE TESTIMONY STARTING MID-JUNE

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2020 HE WAS NO LONGER ELIGIBLE
FOR PUA BENEFITS.

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ACCORDINGLY WE SHOULD MODIFY THE

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AT DECISION, HOLD THE CLAIMANT
WAS IN ELIGIBLE FOR PUA BENEFITS

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FROM MARCH 8 TO MARCH 14.

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HE WAS ELIGIBLE FOR PUA FROM

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MARCH 15 THROUGH JUNE 13, 2020.

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HE WAS IN ELIGIBLE FOR PUA

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BENEFITS STARTING JUNE 14th,
2020.

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THE SAME TESTIMONY THAT
ESTABLISHES HIS PUA ELIGIBILITY

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FROM MID MARCH TO MID-JUNE 2020

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INDICATES IN ALL LIKELIHOOD HE
WAS NOT MEDICALLY ABLE TO WORK,

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NOT AVAILABLE FOR WORK.
WE SHOULD SEND A MEMO TO

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INVESTIGATE IF THE CLAIM WANT

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WAS AVAILABLE TO WORK THROUGH
MARCH 15th TO JUNE 13, 2020.

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>> MODIFY THE AT.

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CLAIMANT NOT ELIGIBLE FOR PUA.

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IS ELIGIBLE FOR PUA FROM MARCH

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15th, TO JUNE 13.

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NOT ELIGIBLE JUNE 14th, 2020.

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>> THANK YOU.
>> MAJORITY VOTE HAS THREE SETS

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OF DATES.

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WHICH DIFFERS FROM YOUR VOTE

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COMMISSIONER ALVAREZ.

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>> SHORT FORM DISSENT.

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>> YES, SIR.
CASE -- COMMISSIONER ALVAREZ.

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>> THE DECISION SHOULD BE
REVERSED.

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THE CLAIMANT WORKED FOR THE
EMPLOYER FOR 1 YEARS.

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THE CLAIMANT'S INABILITY TO MEET
THE EMPLOYER'S STANDARDS DOESN'T

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CONSTITUTE MISCONDUCT.
REVERSE THE AT DECISION.

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>> THE AT DECISION IS -- SHOULD

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BE MODIFIED.
THE EMPLOYER DISCHARGED THE!

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APARTMENT FOR POOR WORK, AND
FAILED TO MAKE REASONABLE

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EFFORTS.
HIS PRODUCTIVITY HAD BEEN FLAT

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FOR SEVERAL YEARS BY THE TIME
THE EMPLOYER GAVE HIM DETAILED

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GUIDANCE ON WHAT TO DO TO
IMPROVE HIS PERFORMANCE.

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SPECIFICALLY THE EMPLOYER TOLD

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THE CLAIMANT HE NEED TO MAKE
MORE SALES CALLS.

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THE CLAIMANT DIDN'T MAKE
REASONABLE EFFORTS TO INCREASE

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SALES CONTACTS.
HE CLEARLY DIDN'T GIVE THE

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DOCUMENTATION REQUESTED
CONCERNING WORK ACTIVITIES.

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THE PROBLEMS WERE WITHIN THE
CLAIMANT'S POWER TO CONTROL AND

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WAS NOT GIVEN HIS BEST EFFORTS.
THE EVIDENCE SHOWS THE CLAIMANT

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WAS DISCHARGED FOR MISCONDUCT
CONNECTED WITH THE WORK.

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THE EMPLOYER SUBMITTED A CLAIM
RESPONSE CONSISTENT WITH THE

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TESTIMONY AT THE AT HEARING.
ACCORDINGLY WE SHOULD MODIFY THE

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AT DECISION, MISCONDUCT, NO

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CHARGE BACK.
INADEQUATE RESPONSE FILED TO THE

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CLAIM NOTICE.
>> MODIFY THE AT.

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>> SHORT FORM DISSENT.

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>> CASE NUMBER 2 -- COMMISSIONER

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DEMERSON.
>> THE COMMISSION SHOULD GRANT A

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REHEARING IN THE CASE.
THE EMPLOYER STATED THE CLAIMANT

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WAS -- AN INCIDENT INVOLVING

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SOUP.
THERE WAS NO FURTHER INCIDENTS.

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THE SUSPENSION LEFT TO THE JOB
SEPARATION WE SHOULD CONDUCT A

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REHEARING TO GATHER TESTIMONY
FROM THE EMPLOYER ABOUT THE

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INCIDENTS LEADING TO THE
CLAIMANT'S SUSPENSION INCLUDING

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THE SOUP INCIDENT.
>> THE AT DECISION SHOULD BE

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AFFIRMED.
THE CLAIMANT WAS PERFORM DUTIES

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OUTSIDE OF THE NORMAL WORK
SCHEDULE.

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THE CLAIMANT ATTEMPTED TO
COMPLY.

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THE EMPLOYER WAS DISSATISFIED.

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THE CLAIMANT WAS EVENTUALLY
SUSPENDED WITHOUT PAY

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INDEFINITELY.
THE CLAIM APARTMENT WAS THERE

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INVOLUNTARY SEPARATED.
THE CLAIMANT FAILED TO PROVIDE

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EVIDENCE.
AFFIRM THE AT, NO MISCONDUCT,

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CHARGE BACK.
>> CAN YOU REPEAT THAT TO ME,

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COMMISSIONER DEMERSON'S VOTE.
>> I BELIEVE MR. DEMERSON VOTED

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TO REHEAR THE CASE, INCLUDING

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THE SOUP INCIDENT.

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>> I WOULD AGREE TO REHEAR.
>> THANK YOU, WE WILL REHEAR THE

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CASE.
>> CASE 277-5799.

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COMMISSIONER ALVAREZ.
>> THE DECISION SHOULD BE

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MODIFIED.
I DO NOT DISPUTE THE TIMELINESS

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OF RULING.
WITH REGARD TO THE JOB
SEPARATION THE EMPLOYER IS A

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LICENSES PEO, THE EMPLOYER
PRESENTED EVIDENCE THAT IT HAD A

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POLICY REQUIRING THE CLAIMANT TO
CONTACT THE EMPLOYER FOR FURTHER

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ASSIGNMENT.
THAT'S NOT SUFFICIENT UNDER

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SECTION 207 -- OF THE ACT.

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PROVIDING THE CLAIMANT WRITTEN
NOTICE AT THE TIME OF

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SEPARATION.
PROVIDING NOTICE DOES NOT

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SATISFY THE ACT.
MODIFY THE AT, TIMELY A.

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EMPLOYER PEAL.
NO VOLUNTARY LEAVING, VOID

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ADEQUATE RESPONSE.
>> MODIFY THE AT.

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FIRST I AGREE THE EMPLOYER FILED
A TIMELY APPEAL.

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AS TO THE JOB SEPARATION THE
EMPLOYER PEO IS RATIFYING THE

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JOB SEPARATION OF THE CLIENT/CO

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EMPLOYER.
UNDER THE POLICY THE CLAIMANT
WAS TO REPORT FOR REASSIGNMENT

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AFTER THE END OF THE ASSIGNMENT
THE EMPLOYER'S TESTIMONY AND

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DOCUMENTARY EVIDENCE CREDIBLY
ESTABLISHED THE CLAIMANT DID NOT

00:14:24.100 --> 00:14:27.100
CONTACT THE EMPLOYER AS REQUIRED
AFTER HE VOLUNTARILY ENDED HIS

00:14:28.100 --> 00:14:31.100
ASSIGNMENT.
THUS THE CLAIMANT IS TO QUIT

00:14:32.100 --> 00:14:35.100
WITHOUT GOOD CAUSE.
WE SHOULD MODIFY THE AT

00:14:35.100 --> 00:14:38.100
DECISION, TIMELY EMPLOYER
APPEAL, VOLUNTARILY LEAVING, NO

00:14:40.100 --> 00:14:43.100
CHARGE BACK, ZEPHYR THE ADEQUATE
RESPONSE RULING.

00:14:44.100 --> 00:14:46.100
THE ALTERNATIVE IF MY FELLOW

00:14:47.100 --> 00:14:49.100
COMMISSIONERS BELIEVE THE LENGTH
OF TIME IS A ISSUE WE SHOULD

00:14:50.100 --> 00:14:52.100
RATHER REHEAR THE CASE TO
FURTHER DEVELOP THE RECORD AND

00:14:53.100 --> 00:14:56.100
CLARIFY WHETHER THE CLAIMANT
WORKS MULTIPLE TEMPORARY

00:14:57.100 --> 00:14:59.100
ASSIGNMENTS OR SINGLE ASSIGNMENT

00:15:01.100 --> 00:15:03.100
DURING HIS TENURE WITH THE
TEMPORARY HELP FIRM.

00:15:05.100 --> 00:15:07.100
>> MODIFY THE AT.
TIMELY EMPLOYER APPEAL.

00:15:08.100 --> 00:15:11.100
NO MISCONDUCT.
CHARGE BACK.
VOID ADEQUATE RESPONSE.

00:15:13.100 --> 00:15:15.100
>> SHORT FORM DISSENT.

00:15:16.100 --> 00:15:19.100
>> YES SIR COMMISSIONER
DEMERSON.

00:15:19.100 --> 00:15:21.100
>> CASE 271-3821.

00:15:23.100 --> 00:15:26.100
COMMISSIONER ALVAREZ.
>> THE DECISION IS NOT

00:15:26.100 --> 00:15:28.100
SUPPORTABLE.
-- OF THE WARREN ACT.

00:15:30.100 --> 00:15:32.100
PAYMENTS IN LIEU OF THE PROPER

00:15:33.100 --> 00:15:36.100
WARREN ACT NOTICE ARE NOT
DISQUALIFYING.

00:15:36.100 --> 00:15:38.100
REVERSE THE AT.
SEVERANCE ELIGIBLE.

00:15:42.100 --> 00:15:44.100
>> -- 10 DAYS OF WAGES IN LIEU.

00:15:46.100 --> 00:15:48.100
CURRENT GUIDANCE CONDUCTS TWC

00:15:49.100 --> 00:15:52.100
STAFF TO CONSIDER SUCH PAYMENTS
AS DISQUALIFYING.

00:15:52.100 --> 00:15:55.100
IF ANY PART COVERED BY THE
WARREN ACT IS INTO THE BENEFIT

00:15:57.100 --> 00:16:00.100
PERIOD OF AN ADDITIONAL CLAIM.
SUCH AS THE CASE HERE.

00:16:01.100 --> 00:16:04.100
HAD THE EMPLOYER GIVEN THE
CLAIMANT 60 DAYS NOTICE OF THE

00:16:06.100 --> 00:16:09.100
LAYOFF THE CLAIMANT WOULD OF
CONTINUED WORK FOR THE SIXTY

00:16:10.100 --> 00:16:13.100
DAYS AND NOT ENTITLED TO
UNEMPLOYMENT BENEFITS DUE TO

00:16:14.100 --> 00:16:17.100
CONTINUED EMPLOYMENT.
HERE BY DISQUALIFYING THE

00:16:20.100 --> 00:16:22.100
CLAIMANT FOR WEEKS OF ADDITIONAL

00:16:23.100 --> 00:16:25.100
PAY THE CLAIMANT IS IN THE SAME

00:16:26.100 --> 00:16:28.100
POSITION OF THOSE RECEIVING THE
ADVANCE NOTICE WORKING THROUGH

00:16:29.100 --> 00:16:32.100
THE NOTICE PERIOD.
THE CLAIMANT RECEIVED PAYMENT IN

00:16:33.100 --> 00:16:35.100
LIEU, THE DECISION IS

00:16:36.100 --> 00:16:39.100
APPROPRIATE.
-- APRIL 26th, 2020 THROUGH

00:16:41.100 --> 00:16:44.100
JUNE 20, 2020.
IN THE ALTERNATIVE BECAUSE

00:16:46.100 --> 00:16:49.100
BEFORE RULING ON THE MATTER WE
COULD HAVE THE OFFICE OF THE

00:16:49.100 --> 00:16:52.100
GENERAL COUNCIL PROVIDE US A
MEMO ON THIS ISSUE.

00:16:52.100 --> 00:16:54.100
>> REVERSE THE AT.

00:16:55.100 --> 00:16:57.100
NO SEVERANCE DISQUALIFICATIONS.

00:16:59.100 --> 00:17:01.100
>> SHORT FOR THE DISSENT IN

00:17:02.100 --> 00:17:05.100
ADDITION I WOULD LIKE THIS TO BE
REVIEWED AND PROVIDE A MEMO ONTO

00:17:08.100 --> 00:17:11.100
GUIDE OUR DECISIONS ON SIMILAR
CASES MOVING FORWARD.

00:17:12.100 --> 00:17:15.100
>> ONE THING TO KNOW WAGES IN
LIEU OF NOTICE VERSUS SEVERANCE

00:17:16.100 --> 00:17:18.100
PAY?
>> MODIFY -- DISQUALIFYING

00:17:19.100 --> 00:17:22.100
RAGES.
REPEAT THE QUESTION.
>> I WONDER IF YOU HAVE A

00:17:22.100 --> 00:17:25.100
SPECIFIC POINT WOULD YOU LIKE
GUIDANCE ON.

00:17:42.100 --> 00:17:44.100
>> LET ME -- WAGES IN LIEU OF

00:17:45.100 --> 00:17:48.100
NOTICE.
>> YES, SIR.
>> OKAY.

00:17:49.100 --> 00:17:51.100
>> I HAVE SHORT FORM DISSENT.

00:17:52.100 --> 00:17:55.100
WE WILL SEND THE MEMBER.
>> THANK YOU.
>> CASE 282-5940.

00:17:57.100 --> 00:18:00.100
COMMISSIONER DEMERSON.
>> WE SHOULD MODIFY THE APPEAL

00:18:01.100 --> 00:18:04.100
TRIBUNAL DECISION.
I AGREE THE CLAIMANT FILED A

00:18:06.100 --> 00:18:09.100
VALID CLAIM.
FOR JOB SEPARATION THE CLAIMANT
WAS DISCHARGED AFTER THE

00:18:10.100 --> 00:18:13.100
EMPLOYER LEARNED THE CLAIMANT
SENT A THREATENING VIDEO AND

00:18:13.100 --> 00:18:15.100
MESSAGE TO CO-WORKER.

00:18:17.100 --> 00:18:19.100
INVESTIGATION, THE EMPLOYER

00:18:21.100 --> 00:18:23.100
CONFIRMED SEVERAL THREATS TO

00:18:27.100 --> 00:18:29.100
ACTS OF VIOLENCE.
-- SENT THE VIDEO IN QUESTION.

00:18:30.100 --> 00:18:33.100
PREPONDERANCE OF THE EVIDENCE
HAS ESTABLISHED THE CLAIMANT

00:18:34.100 --> 00:18:36.100
ENGAGED IN THREATENING BEHAVIOR.

00:18:38.100 --> 00:18:41.100
WE SHOULD MODIFY THE AT
DECISION.

00:18:41.100 --> 00:18:44.100
THE CLAIMANT FILED A VALID
CLAIM.

00:18:44.100 --> 00:18:47.100
MISCONDUCT, REIMBURSE EMPLOYER
NOT BUILD.

00:18:48.100 --> 00:18:51.100
>> THE AT DECISION SHOULD BE
MODIFIED.

00:18:51.100 --> 00:18:54.100
I AGREED THE CLAIMANT FILED A
VALID CLAIM.

00:18:54.100 --> 00:18:56.100
AS A UNEMPLOYED INDIVIDUAL.
ON THE SEPARATION ISSUE THE

00:18:57.100 --> 00:19:00.100
EMPLOYER HAS PRESENTED CREDIBLE
EVIDENCE THE CLAIMANT MADE A

00:19:00.100 --> 00:19:03.100
THREAT AGAINST THE LIFE OF A
CO-WORKER WHO MADE COMPLAINTS TO

00:19:04.100 --> 00:19:06.100
THE EMPLOYER ABOUT THE CLIENT.

00:19:07.100 --> 00:19:09.100
CORRECT WHO MADE COMPLAINTS TO

00:19:10.100 --> 00:19:13.100
THE EMPLOYER ABOUT THE CLAIMANT.
THE CLAIMANT HAS DISCIPLINARY

00:19:14.100 --> 00:19:17.100
HISTORY FOR SIMILAR BEHAVIOR.
HE DIDN'T APPEAR FOR THE AT

00:19:18.100 --> 00:19:20.100
HEARING.
BASED ON THE AVAILABLE EVIDENCE

00:19:21.100 --> 00:19:24.100
THE CLAIMANT'S ACTION,
THREATENING A CO-WORKER,

00:19:25.100 --> 00:19:28.100
CONSTITUTED MISCONDUCT WITH THE
WORK.

00:19:28.100 --> 00:19:31.100
VALID THE CLAIM, MISCONDUCT,
ADEQUATE EMPLOYER RESPONSE.

00:19:36.100 --> 00:19:38.100
>> AFFIRM THE AT, NO MISCONDUCT.

00:19:40.100 --> 00:19:42.100
REIMBURSE EMPLOYER.

00:19:43.100 --> 00:19:45.100
>> ONE MOMENT PLEASE.

00:19:50.100 --> 00:19:53.100
>> I AGREE WITH COMMISSIONER
ALVAREZ ON THAT.

00:19:53.100 --> 00:19:55.100
>> WE HAVE MAJORITY VOTE THE

00:19:56.100 --> 00:19:59.100
CLAIMANT IS NOT QUALIFIED THE
EMPLOYER WAS MISS BILLED WITH

00:20:01.100 --> 00:20:03.100
ADEQUATE RESPONSE.
>> SHORT FORM DISSENT.

00:20:04.100 --> 00:20:06.100
>> YES, SIR.
>> CASE 282-8091 COMMISSIONER

00:20:08.100 --> 00:20:11.100
ALVAREZ.
>> THE DECISION SHOULD BE

00:20:11.100 --> 00:20:13.100
REVERSED.
THE EMPLOYER HAS PROVIDED VAGUE

00:20:17.100 --> 00:20:20.100
HEARSAY EVIDENCE.
THE CLAIMANT DENIED RUDENESS.

00:20:21.100 --> 00:20:23.100
WITHOUT DETAILS FROM THE
EMPLOYER SHE'S UNABLE TO PROVIDE

00:20:24.100 --> 00:20:27.100
ADDITIONAL COULD BE TEXT WHY THE
MORTGAGE LENDER MADE THE

00:20:28.100 --> 00:20:30.100
ALLEGATIONS.
THE CLAIMANT'S SWORN DENIAL

00:20:32.100 --> 00:20:35.100
CARIES MORE THAN THE HEARSAY BY
THE MORE.

00:20:35.100 --> 00:20:38.100
CHARGE BACK, VOID ADEQUATE
RESPONSE.

00:20:38.100 --> 00:20:41.100
>> WE SHOULD MODIFY THE a.at
BECAUSE MORTGAGE LENDER

00:20:43.100 --> 00:20:45.100
COMPLAINED TO THE MORE THE
CLAIMANT WAS RUDE AND COMBATIVE

00:20:46.100 --> 00:20:49.100
TO A STAFF MEMBER AND THE! ANT
WAS WARNED FOR THIS BEHAVIOR IN

00:20:50.100 --> 00:20:52.100
THE PAST.
THE CLAIMANT MISMANAGED HER

00:20:54.100 --> 00:20:56.100
POSITION OF EMPLOYMENT.
MISCONDUCT, MISCONDUCT, ZEPHYR

00:20:59.100 --> 00:21:01.100
THE ADEQUATE RESPONSE RULING.
>> REVERSE THE AT, NO

00:21:02.100 --> 00:21:05.100
MISCONDUCT, CHARGE BACK, VOID
ADEQUATE RESPONSE.

00:21:05.100 --> 00:21:07.100
>> SHORT FORM DISSENT.

00:21:08.100 --> 00:21:10.100
>> YES, SIR.
COMMISSIONER DEMERSON.

00:21:11.100 --> 00:21:14.100
>> CASE -- 144.
COMMISSIONER DEMERSON.

00:21:14.100 --> 00:21:16.100
>> WE SHOULD GRANT A REHEARING

00:21:17.100 --> 00:21:19.100
IN THE CASE.
SHE BELIEVED THE DUTIES SHE WAS

00:21:21.100 --> 00:21:23.100
ASKED TO I AM FORMED DIDN'T
MATCH WHAT WAS IN THE OFFER

00:21:24.100 --> 00:21:26.100
LETTER.
THE CLAIMANT ASSERTED SHE WAS

00:21:27.100 --> 00:21:30.100
HIRED TO SOLELY HIRED TO MANAGE
ACCOUNTS.
APPEAL TO THE COMMISSION THE

00:21:30.100 --> 00:21:33.100
EMPLOYER HAS INCLUDED EVIDENCE
OF THE CLAIMANT'S OFFER LETTER

00:21:34.100 --> 00:21:37.100
OUTLINING THE TASKS THE CLAIMANT
WAS TO PERFORM IN HER POSITION.

00:21:38.100 --> 00:21:40.100
THIS INFORMATION IS CLEARLY
RELEVANT AND COULD CHANGE THE

00:21:41.100 --> 00:21:44.100
OUTCOME OF THE CASE WE SHOULD
GRANT A REHEARING TO CONSIDER

00:21:45.100 --> 00:21:48.100
THE EVIDENCE BEFORE RENDERING
OUR DECISION IN THE CASE.

00:21:48.100 --> 00:21:51.100
>> THE DECISION SHOULD BE
AFFIRMED AT THE TIME OF THE HIRE

00:21:51.100 --> 00:21:54.100
THE CLAIMANT WAS TOLD SHE WOULD
EXCLUSIVELY MANAGE ACCOUNTS.

00:21:56.100 --> 00:21:59.100
WHEN SHE STARTED WORKING SHE
FOUND SHE WAS FAXING AND

00:22:02.100 --> 00:22:04.100
SCANNING DOCUMENTS.
THE CLAIMANT SPOKE TO THE

00:22:05.100 --> 00:22:08.100
EMPLOYER ABOUT HER CONCERNS ON
SEVERAL OCCASIONS.

00:22:08.100 --> 00:22:11.100
THE EMPLOYER DID NOTHING TO
CORRECT THE ISSUE.

00:22:11.100 --> 00:22:14.100
THE EMPLOYER SUBSTANTIAL CHANGE
THE HIRING AGREEMENT BY

00:22:14.100 --> 00:22:17.100
ASSIGNING CLAIMANT MOSTLY
CLERICAL DUTIES INSTEAD OF

00:22:17.100 --> 00:22:19.100
ACCOUNT MANAGEMENT DUTIES THE

00:22:20.100 --> 00:22:22.100
CLAIMANT HAD GOOD CAUSE TO QUIT.

00:22:23.100 --> 00:22:26.100
CHARGE BACK.
>> REVERSE THE AT.

00:22:28.100 --> 00:22:30.100
VOLUNTARY LEAVING, NO CHARGE

00:22:31.100 --> 00:22:34.100
BACK, ADEQUATE EMPLOYER
RESPONSE.
>> AGREE WITH THE CHAIRMAN.

00:22:34.100 --> 00:22:37.100
>> YES, SIR.
>> THANK YOU.
>> SHORT FORM DISSENT.

00:22:37.100 --> 00:22:39.100
>> YES SIR COMMISSIONER ALVAREZ.

00:22:40.100 --> 00:22:42.100
>> CASE 283-9098.

00:22:44.100 --> 00:22:46.100
COMMISSIONER DEMERSON.
>> WE SHOULD MODIFY THE AT.

00:22:48.100 --> 00:22:51.100
WE ARE FAMILIAR WITH THE HOME
HEALTHCARE PRESIDENT.

00:22:51.100 --> 00:22:54.100
HERE THE CLAIMANT HAD A
COMPELLING REASON TO QUIT HER

00:22:54.100 --> 00:22:57.100
ASSIGN HADN'T.
SHE WAS OFFERED ANOTHER
ASSIGNMENT THE FOLLOWING DAY,

00:22:59.100 --> 00:23:02.100
THE CLAIMANT REFUSED.
THE NEW ASSIGNMENT DIDN'T

00:23:03.100 --> 00:23:05.100
PROVIDE THE SAME HOURS OF THE
PREVIOUS ASSIGNMENT IS NOT

00:23:06.100 --> 00:23:09.100
UNUSUAL OR UNEXPECTED.
IN THE HOME HEALTHCARE INDUSTRY

00:23:10.100 --> 00:23:13.100
IT'S THE NATURE OF EMPLOYEES TO
WORK MULTIPLE ASSIGNMENTS AND

00:23:14.100 --> 00:23:16.100
VARIABLE HOURS IN A WEEK.

00:23:17.100 --> 00:23:19.100
-- BY REFUSING BASED ON THE

00:23:20.100 --> 00:23:23.100
HOURS ESPECIALLY IN LIGHT OF THE
CLAIMANT'S TELL THAT SHE WORKED

00:23:24.100 --> 00:23:26.100
AS A PART TIME PROVIDER THE
CLAIMANT'S QUITTING WAS WITHOUT

00:23:28.100 --> 00:23:31.100
GOOD CAUSE CONNECTED TO THE
WORK.
REGARDING THE ADEQUATE RESPONSE

00:23:32.100 --> 00:23:35.100
ISSUE THE ADEQUATE RESPONSE
PROVIDED THE CLAIMANT QUIT.

00:23:36.100 --> 00:23:38.100
IN CASES IT COMMON FOR EMPLOYERS

00:23:39.100 --> 00:23:42.100
TO HAVE LITTLE TO NO ADDITIONAL
INFORMATION.

00:23:42.100 --> 00:23:44.100
VOLUNTARY LEAVING, NO CHARGE

00:23:45.100 --> 00:23:48.100
BACK.
ADEQUATE EMPLOYER RESPONSE.

00:23:50.100 --> 00:23:53.100
>> THE DECISION SHOULD BE
MODIFIED.

00:23:53.100 --> 00:23:55.100
THE CLAIMANT WAS ASSAULTED BY
TWO ADULT CHILDREN OF HER

00:23:56.100 --> 00:23:58.100
CLIENT.
SHE REPORTED THE ASSAULT TO THE

00:23:59.100 --> 00:24:01.100
EMPLOYER EXHIBIT POLICE.
AFTER BEING ASSAULTED ON THE JOB

00:24:02.100 --> 00:24:05.100
THE CLAIMANT WAS UNDERSTANDABLY
HESITANT TO RUSH TO WORK.

00:24:06.100 --> 00:24:09.100
ADDITIONALLY THE EMPLOYER COULD
ONLY OFFER HER 15 HOURS OF WORK.

00:24:11.100 --> 00:24:14.100
SUBSTANTIAL REDUCTION TO THE
HOURS SHE PREVIOUSLY WORKED.

00:24:16.100 --> 00:24:19.100
SHE HAD GOOD CAUSE TO QUIT.
MODIFY THE AT, NO VOLUNTARY

00:24:21.100 --> 00:24:23.100
LEAVING, CHARGE BACK, SET ASIDE

00:24:24.100 --> 00:24:26.100
ADEQUATE RESPONSE.

00:24:27.100 --> 00:24:30.100
>> MOD FIGHT THE AT.
VOLUNTARY LEAVING ZEPHYR

00:24:34.100 --> 00:24:36.100
ADEQUATE RESPONSE.
>> SHORT FORM DISSENT.

00:24:41.100 --> 00:24:44.100
>> YES, SIR.
COMMISSIONER ALVAREZ.
>> THAT WAS THE LAST UI CASE

00:24:45.100 --> 00:24:48.100
PULLED FOR ADDITIONAL DISCUSSION
ON DOCKET 28th YOU SHOULD OF

00:24:49.100 --> 00:24:51.100
RECEIVED THE SHORT FORM DISSENT

00:24:52.100 --> 00:24:54.100
LIST.
>> I MOVE TO ACCEPT STAFF

00:24:55.100 --> 00:24:58.100
RECOMMENDATIONS ON REMAINING
CASES.
>> I AM SEPTEMBER THE MOTION

00:24:59.100 --> 00:25:02.100
EXCEPT THOSE I'M DISSENTING.
>> I CONCUR.

00:25:03.100 --> 00:25:06.100
THE CASES I'M DISSENTING
RENEXTED IN THE SHORT FORM

00:25:07.100 --> 00:25:09.100
DISSENT LIST.

00:25:10.100 --> 00:25:13.100
>> THANK YOU, VERY MUCH.
>> THANK YOU.

00:25:13.100 --> 00:25:15.100
>> LET'S TAKE A QUICK RECESS

00:25:16.100 --> 00:25:18.100
WHILE WE PREPARE FOR THE REST OF
THE MEETING.

00:26:41.100 --> 00:26:43.100
>> THAT'S THE WAY IT'S SUPPOSE

00:29:10.000 --> 00:29:12.000
TO BE.

00:29:12.100 --> 00:29:15.100
LET'S RECONVENE WITH AGENDA ITEM
8.

00:29:15.100 --> 00:29:17.100
DISCUSSION, CONSIDERABLE

00:29:18.100 --> 00:29:21.100
ACTION -- INNOVATION FUNDS FOR
BOARDS.

00:29:21.100 --> 00:29:23.100
>> COURTNEY.
>> GOOD MORNING, COMMISSIONERS.

00:29:24.100 --> 00:29:26.100
MR. SERNA.

00:29:27.100 --> 00:29:29.100
ON MAY 4th, COMMISSIONERS, YOU

00:29:30.100 --> 00:29:33.100
ALL ASKED STAFF TO BRING FORWARD
RECOMMENDATIONS ON A INNOVATION

00:29:34.100 --> 00:29:36.100
FUND FOR WORK FORCE BOARDS.

00:29:37.100 --> 00:29:39.100
MAKING ONE MILLION DOLLARS

00:29:40.100 --> 00:29:42.100
AVAILABLE WITH MIX OF --

00:29:43.100 --> 00:29:45.100
FUNDING.
THE INNOVATION FUND YOU ALL

00:29:46.100 --> 00:29:49.100
INDICATED WAS INTENDED TO
SUPPORT BOARDS IN THEIR GREATEST

00:29:51.100 --> 00:29:54.100
INNOVATIONS IN THE NEXT, IN THE
NEXT YEAR.

00:29:54.100 --> 00:29:57.100
RECOGNIZING THAT THEY HAVE ALL
PROVIDED INNOVATIVE APPROACHES

00:29:59.100 --> 00:30:01.100
TO SERVICEABILITY -- DURING

00:30:02.100 --> 00:30:05.100
COVID AND ALLOWING THEM TO
COMPETE FOR THIS FUNDING SO THEY

00:30:09.100 --> 00:30:12.100
WOULD PROVIDE OTHER INNOVATIONS
WE MAY USE AS BEST PRACTICES

00:30:14.100 --> 00:30:16.100
GOING FORWARD.
STAFF HAS SURVEYED THE WORK

00:30:18.100 --> 00:30:21.100
FORCE BOARDS FOR THEIR INPUT ON
THE CRITERIA RESONATING WITH

00:30:22.100 --> 00:30:25.100
THEM AND US FOR BEST AWARDING
THE FUNDS SO WE WILL AWARD FIVE

00:30:26.100 --> 00:30:29.100
GRANTS FOR UP TO TWO HUNDRED
THOUSAND DOLLARS EACH.

00:30:29.100 --> 00:30:32.100
TOTALING A MILLION.
WE HAD A LOT OF AGREEMENT FROM

00:30:32.100 --> 00:30:34.100
THE BOARDS.
ALMOST EVERY BOARD REPLIED.

00:30:35.100 --> 00:30:38.100
WE HAD GOOD AGREEMENT ON THE
CRITERIA THAT WOULD BE

00:30:38.100 --> 00:30:40.100
BENEFICIAL.
SO COMMISSIONERS WE RECOMMEND AS

00:30:45.100 --> 00:30:47.100
WE PUT OUT A CALL FOR

00:30:48.100 --> 00:30:50.100
APPLICATIONS WE CONSIDER PORT

00:30:51.100 --> 00:30:53.100
SCORING.
IF IT'S NEW TO THE STATE OR

00:30:54.100 --> 00:30:57.100
LOCAL AREA, IMPLEMENTED ON DATA
OR EVIDENCE OF EFFECTIVENESS OF

00:30:58.100 --> 00:31:00.100
THE WORK ADDRESS DEFINING NEED

00:31:02.100 --> 00:31:05.100
FOR BUSINESS OR JOB SEEKERS IN
THE AREA, PROJECTED FOR A HIGH

00:31:06.100 --> 00:31:08.100
RETURN ON INVESTMENT, IF IT HAS

00:31:09.100 --> 00:31:12.100
THE SUPPORT OF ONE OR MORE
COMMUNITY PARTNERS AND IF IT'S

00:31:12.100 --> 00:31:14.100
SUSTAINABLE.
STAFF ALSO RECOMMENDS THAT WE

00:31:16.100 --> 00:31:18.100
CONSIDER THE QUALITY OF THE
IMPLEMENTATION PLAN THAT IS

00:31:19.100 --> 00:31:21.100
SUBMITTED TO ACHIEVE THE PROGRAM
OUT COMES THAT THEY PROPOSE TO

00:31:24.100 --> 00:31:27.100
PROVIDE WITH THIS, WITH THIS
FUNDING.

00:31:27.100 --> 00:31:29.100
SO UNLESS YOU HAVE QUESTIONS FOR

00:31:30.100 --> 00:31:32.100
ME I REQUEST YOUR APPROVE TO

00:31:33.100 --> 00:31:36.100
MOVE FORWARD WITH THIS
APPLICATION AND GRANTS.

00:31:36.100 --> 00:31:39.100
>> COMMISSION OR QUESTIONS?
>> CHAIRMAN I HAVE NO QUESTIONS.

00:31:40.100 --> 00:31:42.100
I HAVE A COMMENT.
I WOULD LIKE TO THANK STAFF FOR

00:31:43.100 --> 00:31:45.100
OBTAINING FEEDBACK FROM THE

00:31:46.100 --> 00:31:48.100
BOARDS REGARDING THE HALLMARKS
OF A INNOVATIVE PROJECT.

00:31:49.100 --> 00:31:52.100
GLAD WE'RE LOOKING AT THINGS
LIKE OUR RETURN ON INVESTMENT

00:31:52.100 --> 00:31:55.100
AND PROJECT OUT COMES.
HOWEVER I WOULD LIKE TO STATE

00:31:55.100 --> 00:31:57.100
THE MOST IMPORTANT TO MEASURE

00:31:58.100 --> 00:32:01.100
INNOVATION IS TO INSURE WE'RE
GOING IN THE RIGHT DIRECTION.

00:32:01.100 --> 00:32:04.100
WE WANT TO ENCOURAGE LONG TERM
CHANGE NOT SHORT-TERM FIXES.

00:32:06.100 --> 00:32:09.100
WE SHOULDN'T LOOK FOR THE BIG
ROIs OR OUT COMES BUT

00:32:11.100 --> 00:32:13.100
IMPACTFUL AND SCALABLE RESULTS.

00:32:15.100 --> 00:32:17.100
>> THANK YOU FOR THE WORK AND

00:32:20.100 --> 00:32:22.100
THE TEAM THIS.
THIS IS GOING TO GO OVER WELL

00:32:29.100 --> 00:32:32.100
APPROACHING THE ANNUAL
CONFERENCE.
THANK YOU.

00:32:32.100 --> 00:32:35.100
>> THANK YOU.
DO WE HAVE A MOTION.
>> YES, SIR.

00:32:35.100 --> 00:32:38.100
CHAIRMAN, I MOVE WE APPROVE THE
ONE TIME ESTABLISH MENT OF A
INNOVATION FUND GRANT PROGRAM

00:32:40.100 --> 00:32:42.100
WAY BUDGET OF ONE MILLION
DOLLARS USING -- ES FUNDS

00:32:45.100 --> 00:32:47.100
ORIGINALLY ATTENDED FOR THE 2021

00:32:48.100 --> 00:32:51.100
BOARD AWARDS.
>> SECOND.
>> MOVED AND SECONDED.

00:32:51.100 --> 00:32:54.100
WE'RE UNANIMOUS.
THANK YOU.

00:32:54.100 --> 00:32:56.100
>> THANK YOU.
>> MOVE TO AGENDA ITEM 9.

00:33:03.100 --> 00:33:06.100
>> GOOD MORNING, COMMISSIONERS.
MR. SERNA.

00:33:06.100 --> 00:33:09.100
FOR THE RECORD MICHAEL HOOKS
WITH THE BR DIVISION.

00:33:09.100 --> 00:33:12.100
TODAY I BROUGHT FOR YOUR
CONSIDERATION POTENTIAL ACTION

00:33:13.100 --> 00:33:15.100
AND UPDATE ON THE FUND

00:33:16.100 --> 00:33:19.100
DISTRIBUTION METHODOLOGY DURING
LAST WEEK COMMISSION MEETING YOU

00:33:20.100 --> 00:33:22.100
REQUESTED A SURVEY OF THE
MANAGERS REGARDING THEIR

00:33:24.100 --> 00:33:27.100
PREFERENCE FOR OPTIONS ONE OR
TWO FOR THE DISTRIBUTION.

00:33:28.100 --> 00:33:31.100
THE RESULTS OF THE SURVEY ARE AS
FOLLOWS.

00:33:31.100 --> 00:33:34.100
BET LICENSE MANAGERS WERE
NOTIFIED LAST TUESDAY AFTERNOON.

00:33:35.100 --> 00:33:37.100
PROVIDED THROUGH MIDNIGHT FRIDAY
TO SUBMIT PREFERENCES.

00:33:39.100 --> 00:33:42.100
THE COUNT OF SUBMITTED
PREFERENCES WAS NINE FOR OPTION

00:33:43.100 --> 00:33:45.100
ONE THAT CREDITS THE 2020

00:33:50.100 --> 00:33:52.100
BENEFIT AS PRIOR COMPENSATION.

00:33:53.100 --> 00:33:55.100
AND 48 FOR OPTION TWO, NOT

00:33:56.100 --> 00:33:59.100
CONSIDERING THE BENEFIT AS PRIOR
COMPENSATION.
I WILL ADD THAT LATE YESTERDAY

00:34:00.100 --> 00:34:02.100
BET STAFF NOTIFIED ME THEY

00:34:03.100 --> 00:34:06.100
DISCOVERED THREE ADDITIONAL AND
TIMELY PREFERENCE RESPONSES THAT

00:34:07.100 --> 00:34:09.100
SOME HOW ENDED UP IN A JUNK

00:34:12.100 --> 00:34:14.100
FOLDER.
STAFF HAS BEEN ASSESSING VARIOUS

00:34:16.100 --> 00:34:18.100
INTERPRETATIONS OF THE RSA

00:34:19.100 --> 00:34:21.100
GUIDANCE.
UNDERSTAND THAT ALTERNATIVE --

00:34:23.100 --> 00:34:25.100
ARE PRESENT AND HAVE BEEN USED.

00:34:26.100 --> 00:34:29.100
STAFF SEEKS DIRECTION ON THE
SELECTION OF ONE OF THE TWO
OPTIONS.

00:34:30.100 --> 00:34:33.100
AS METHODOLOGY BY WHICH THE
FUNDS WILL BE DISTRIBUTED TO

00:34:34.100 --> 00:34:36.100
LICENSE BET LICENSED MANAGERS.

00:34:37.100 --> 00:34:40.100
STAFF SEEKS DIRECTION ON THE
APPROVAL TO SUBMIT THE

00:34:40.100 --> 00:34:42.100
APPLICATION TO RSA USING THE

00:34:43.100 --> 00:34:46.100
SELECTED METHODOLOGY.
I'M OPEN TO ANY QUESTIONS YOU

00:34:46.100 --> 00:34:49.100
MAY HAVE.
>> COMMENTS OR QUESTIONS ?

00:34:52.100 --> 00:34:55.100
>> YES, CHAIRMAN I HAVE
COMMENTS.
ONE COMMENT.

00:34:55.100 --> 00:34:58.100
FIRST OF ALL THANK YOU TO YOU
AND YOUR STAFF FOR COMING BACK

00:34:58.100 --> 00:35:01.100
TO US AND SURVEYING THE
MANAGERS.

00:35:01.100 --> 00:35:04.100
I APPRECIATE THE HARD WORK PUT
INTO THAT.

00:35:04.100 --> 00:35:07.100
I WOULD LIKE TO THANK THOSE THAT
PROVIDED COMMENTS LAST WEEKEND

00:35:08.100 --> 00:35:11.100
AND IN ATTENDANCE TODAY.
THANK YOU FOR THAT.

00:35:11.100 --> 00:35:13.100
>> I WILL ECHO COMMISSIONER
ALVAREZ COMMENTS THERE.

00:35:14.100 --> 00:35:16.100
THANK YOU FOR THE SUGGESTIONS OF
THE SURVEY GOING FORWARD.

00:35:19.100 --> 00:35:22.100
THE INFORMATION THAT HAS COME
BACK IS INFORMATION THAT WE CAN
USE TO MAKE AND SHAPE DECISIONS.

00:35:25.100 --> 00:35:28.100
MICHAEL THANK YOU AGAIN FOR THE
WORK YOU HAVE DONE.

00:35:28.100 --> 00:35:31.100
>> ALRIGHT.
GENTLEMEN, I THINK WE HAVE
PUBLIC COMMENTERS THIS.

00:35:32.100 --> 00:35:35.100
IS THE APPROPRIATE TIME TO HEAR
FROM THE FOLKS THAT WOULD LIKE

00:35:35.100 --> 00:35:37.100
TO SPEAK.

00:35:38.100 --> 00:35:41.100
>> COMMISSIONERS WE HAVE THREE
FOLKS PROVIDING TESTIMONY TODAY.

00:35:41.100 --> 00:35:43.100
FIRST IS MIKE SPARKS.

00:35:57.100 --> 00:35:59.100
>> GOOD MORNING.
GOOD MORNING EVERYBODY.

00:36:01.100 --> 00:36:03.100
MIKE SPARKS TEXAS BCM ELECTED

00:36:04.100 --> 00:36:06.100
COMMITTEE CHAIR.
AS IT'S BEEN EXPLAINED WE HAVE

00:36:12.100 --> 00:36:14.100
RECEIVED A SURVEY BACK.
IT'S FAVORABLE OPTION NUMBER.

00:36:15.100 --> 00:36:18.100
TWO I WANT TO LET THE BOARD KNOW
THAT WE HAVE COMPLETED A SURVEY

00:36:23.100 --> 00:36:26.100
IN APRIL.
A PHONE SURVEY.
OUR DIRECTOR WAS ON THE MANAGER

00:36:27.100 --> 00:36:29.100
ECM CALL ON A TUESDAY NIGHT

00:36:31.100 --> 00:36:33.100
WHICH THE PHONE SURVEY WAS

00:36:36.100 --> 00:36:38.100
AVAILABLE TO DISCUSS.
IT WAS VERY FAVORABLE TO THE

00:36:40.100 --> 00:36:42.100
OPTION TWO PLAN HERE.
THIS ARE TWO SURVEYS DONE.

00:36:44.100 --> 00:36:47.100
IT TOOK A LOT OF TIME AND EFFORT
BY OUR TREASURE, MR. TOMMY

00:36:49.100 --> 00:36:51.100
CRAWFORD, TO DO THAT SURVEY.

00:36:53.100 --> 00:36:55.100
THERE IS REALLY, OUR REQUEST IS

00:36:56.100 --> 00:36:59.100
PLAIN AND SIMPLE.
OUR MANAGERS HAVE WAITED THROW

00:37:00.100 --> 00:37:03.100
MONTHS FOR INCOME RELIEF.
IT'S BEEN A LONG WAIT.

00:37:04.100 --> 00:37:07.100
IT'S CAUSED A FINANCIAL BURDEN
ON SOME MANAGERS.

00:37:10.100 --> 00:37:12.100
A VERY STRESSFUL SITUATION FOR

00:37:13.100 --> 00:37:16.100
MANAGERS.
WE HAVE PEOPLE WITH MEDICAL
ISSUES IN THE PROGRAM.

00:37:17.100 --> 00:37:19.100
THEY'RE FIGHTING THROUGH THE
ISSUES AND WORKING.

00:37:20.100 --> 00:37:23.100
KEEPING IT GOING, PAYING THE
BILLS.

00:37:23.100 --> 00:37:25.100
IT'S IMPERATIVE WE GET THE FFRP

00:37:30.100 --> 00:37:33.100
PLAN AGREED UPON.
I HOPE THE BOARD WILL SEE TO IT

00:37:33.100 --> 00:37:36.100
THAT OPTION NUMBER TWO IS PASSED
SO WE CAN SUBMIT OUR PLAN TO

00:37:39.100 --> 00:37:41.100
RSA.
WE'RE GETTING IN A DANGEROUS

00:37:42.100 --> 00:37:45.100
TIME ZONE HERE TOO WITH RSA.
IN SEPTEMBER IF THE FUNDS ARE

00:37:49.100 --> 00:37:52.100
NOT DISTRIBUTED WE WILL LOSE ALL
OF THEM.

00:37:52.100 --> 00:37:55.100
HAS MY UNDERSTANDING.
IT'S CHEER.
I APPRECIATE THE BOARD HERE AND

00:37:56.100 --> 00:37:58.100
YOU ASKING FOR THE SURVEY SO YOU
CAN SEE THE PEOPLE OF THIS

00:38:00.100 --> 00:38:02.100
PROGRAM, THE MANAGERS.

00:38:07.100 --> 00:38:10.100
OPTION NUMBER TWO THEY BELIEVE
IS THE FARE WEST WAY TO DO

00:38:11.100 --> 00:38:13.100
THINGS.
WITH THAT I WILL YIELD MY TIME

00:38:15.100 --> 00:38:18.100
AND ASK YOU FOR A HAPPENED HERE.
WE NEED ASSISTANCE AS SOON AS

00:38:19.100 --> 00:38:21.100
POSSIBLE.
THANK YOU.

00:38:27.100 --> 00:38:29.100
>> NEXT WE HAVE TOM C.

00:38:48.100 --> 00:38:51.100
>> GOOD MORNING, COMMISSIONERS.
THANK YOU FOR ALLOWING ME TO

00:38:51.100 --> 00:38:53.100
SPEAK AGAIN TODAY.
APPRECIATE THAT.

00:38:55.100 --> 00:38:58.100
VOTING OPTION ONE WOULD
NEGATIVELY AFFECT ADVERSELY

00:39:01.100 --> 00:39:04.100
AFFECT 57 OF OUR MANAGERS.
THAT'S 57 OUT OF 105.

00:39:05.100 --> 00:39:08.100
I URGE YOU TODAY TO MAKE THAT
DECISION.

00:39:08.100 --> 00:39:10.100
FOR THE ECM MAN AS WE AGREED ON

00:39:12.100 --> 00:39:15.100
OPTION NUMBER TWO.
SO IT INCLUDES.
WE CAN HELP 57 ADDITIONAL

00:39:17.100 --> 00:39:19.100
MANAGERS ON THERE.
WE SPENT MANY, MANY MONTHS

00:39:20.100 --> 00:39:22.100
WORKING ON ALL OF THIS.

00:39:24.100 --> 00:39:26.100
I FIRMLY BELIEVE THAT AS THE

00:39:27.100 --> 00:39:29.100
VICE CHAIR AND MIKE SPARKS IS
THE CHAIR OF OUR COMMITTEE A

00:39:32.100 --> 00:39:35.100
HOPPING WITH THE RESTED ELECTED
COMMITTEE THAT'S ONE REASON WE

00:39:35.100 --> 00:39:38.100
CHOSE THE PLAN TO ABSOLUTELY
INCLUDE AS MANY MANAGERS AS

00:39:40.100 --> 00:39:43.100
POSSIBLE.
THAT THEY'RE ELIGIBLE FOR THE
FUNDS.

00:39:45.100 --> 00:39:47.100
AS MR. SPARKS SAID THE FUNDS

00:39:48.100 --> 00:39:50.100
WERE A FEDERAL GRANT AND THIS
WILL HAVE ZERO BARING ON TEXAS

00:39:52.100 --> 00:39:55.100
WORK FORCE COMMISSION ON THEIR
BUDGET.
ON OUR STATE LICENSE AGENCY

00:39:57.100 --> 00:40:00.100
BUDGET.
IT WON'T AFFECT THAT AT ALL.
SO A HUNDRED PERCENT OF THE

00:40:01.100 --> 00:40:04.100
FUNDS GOES TO THE MANAGERS.
THEY'RE ALL GOING TO HAVE A

00:40:05.100 --> 00:40:08.100
SPECIFIC PORTION OF A RETURN ON
THE LOSSES IS WHAT THE FEDERAL

00:40:09.100 --> 00:40:11.100
GRANT IS FOR.

00:40:12.100 --> 00:40:15.100
I APPRECIATE YOUR TIME AGAIN.
I URGE YOU TO MAKE THE DECISION

00:40:16.100 --> 00:40:19.100
FOR OPTION TWO FOR THE ECM FUND.
THAT WAY OUR SLA CAN MOVE

00:40:21.100 --> 00:40:23.100
FORWARD MODALLY AND PRESENT THAT

00:40:24.100 --> 00:40:27.100
TO THE RANDALL SHEPHERD ACT, THE
ADMINISTRATION TO GET FUNDING AS

00:40:28.100 --> 00:40:31.100
SOON AS POSSIBLE FOR ALL OF US.
THANK YOU,.

00:40:31.100 --> 00:40:33.100
Announcer:
>> ALOHA COOK, IF YOU COULD

00:40:39.100 --> 00:40:42.100
UNMUTE YOURSELF AND BEGIN
SPEAKING.

00:40:42.100 --> 00:40:44.100
>> YES, SIR.

00:40:45.100 --> 00:40:47.100
MY NAME IS ALOHA COOK.

00:40:48.100 --> 00:40:51.100
THANK YOU FOR LISTENING ME LAST
WEEK AND AGAIN THIS WEEK.

00:40:51.100 --> 00:40:54.100
THANK YOU FOR THE SURVEY YOU
ASKED TO BE DONE.

00:40:54.100 --> 00:40:57.100
IT HAS PROVEN OUR MANAGERS HAVE
CHOSEN OPTION TWO.

00:40:58.100 --> 00:41:01.100
THE BENEFIT THAT IT WILL HELP
MORE MANAGERS AND PROVIDE FOR

00:41:02.100 --> 00:41:04.100
MORE MANAGERS.
WE HAVE MANAGERS OUT THERE IN

00:41:05.100 --> 00:41:08.100
THIS PROGRAM FOR A LONG PERIOD
OF A TIME.

00:41:09.100 --> 00:41:11.100
WHO HAVE HAD STATE AND FEDERAL

00:41:12.100 --> 00:41:15.100
BUILDINGS CLOSED FOR ALMOST 18
MONTHS.

00:41:15.100 --> 00:41:17.100
THEY HAVE GONE WITHOUT.
WHERE Y'ALL WERE ABLE TO WORK AT

00:41:18.100 --> 00:41:20.100
HOME AND STILL GET PAID.

00:41:22.100 --> 00:41:25.100
SEVERAL OF OUR MANAGERS ARE
ABOUT TO LOSE THEIR HOMES.

00:41:25.100 --> 00:41:28.100
THEY HAVE NO FUNDING TO PAY FOR
THEIR BILLS.

00:41:28.100 --> 00:41:30.100
NOT BEING ABLE TO PLAY FOR
MEDICAL SUPPLIES THAT THEY NEED.

00:41:33.100 --> 00:41:35.100
SO I STRONGLY HOPE THAT THE

00:41:36.100 --> 00:41:39.100
POINT THAT WE TOOK THE SURVEY TO
SHOW WHAT OUR MANAGERS WANT.

00:41:40.100 --> 00:41:42.100
THAT WE WANT OPTION TWO.

00:41:43.100 --> 00:41:46.100
THAT Y'ALL WILL GRANT OPTION TWO
TO PRO VOID FOR MORE OF OUR

00:41:47.100 --> 00:41:49.100
MANAGERS SO THEY CAN GET THE

00:41:51.100 --> 00:41:53.100
RELIEF THEY NEED BEFORE THEY
LOSE THEIR HOMES OR NOT ABLE TO

00:41:54.100 --> 00:41:56.100
BUY MEDICINES THEY NEED TO STAY

00:41:58.100 --> 00:42:00.100
ALIVE OR DO WHATEVER THEY MAY

00:42:01.100 --> 00:42:03.100
NEED TO DO?
SO, I HOPE AND THANK YOU YOU ALL

00:42:04.100 --> 00:42:06.100
FOR SUPPORTING OPTION TWO.
I YIELD MY TIME.

00:42:08.100 --> 00:42:11.100
>> COMMISSION, THE MATTER IS
BEFORE YOU FOR YOUR

00:42:11.100 --> 00:42:13.100
DELIBERATION.

00:42:18.100 --> 00:42:20.100
>> NO FURTHER COMMENTS?
>> NO FURTHER COMMENTS.

00:42:21.100 --> 00:42:23.100
>> I JUST WANT TO UNDERSTAND

00:42:24.100 --> 00:42:26.100
ABOUT THE PAYMENTS.

00:42:27.100 --> 00:42:29.100
SO THE FRRP PAYMENTS, A FEDERAL

00:42:34.100 --> 00:42:36.100
PAYMENT ARE DESIGNED TO OFF SET

00:42:37.100 --> 00:42:40.100
2020 LOSSES, IS THAT CORRECT?
>> THAT IS CORRECT.

00:42:40.100 --> 00:42:43.100
FOR HOSSES INCURRED BEING
ASSIGNED TO THE BET FACILITY

00:42:44.100 --> 00:42:46.100
DURING CALENDAR YEAR 2020.

00:42:47.100 --> 00:42:49.100
>> THEN WE MADE, TWC MADE UP TO

00:42:51.100 --> 00:42:53.100
$15,000 IN PAYMENTS IN 2020 FOR

00:42:55.100 --> 00:42:58.100
THE SAME PURPOSE?
>> WELL THE 2020 PAYMENTS WERE

00:42:59.100 --> 00:43:01.100
DESIGNED AS A INCOME
REPLACEMENT.

00:43:03.100 --> 00:43:05.100
WE REFER TO AS AN RIP.

00:43:06.100 --> 00:43:09.100
IT WAS THE A CASE BY CASE BASIS
ON JUST OFF SETTING HOSSES.

00:43:11.100 --> 00:43:14.100
IN FACT THE WAY IT WAS DESIGNED
IF ANY MANAGER MADE LESS, ANY

00:43:15.100 --> 00:43:17.100
MANAGER MADE LESS THAN 2720

00:43:18.100 --> 00:43:20.100
DURING ANY GIVEN MONTH WITH THE
BENEFIT IN PLACE, THAT THE

00:43:21.100 --> 00:43:23.100
MANAGER WOULD RECEIVE A CASH

00:43:24.100 --> 00:43:26.100
PAYMENT OF $1000.
IT WASN'T DIRECTLY TIED TO

00:43:27.100 --> 00:43:29.100
LOSSES.
IT WAS A INCOME REPLACEMENT.

00:43:30.100 --> 00:43:32.100
>> OKAY.

00:43:33.100 --> 00:43:35.100
SO THE INCOME REPLACEMENT WAS

00:43:36.100 --> 00:43:39.100
TRIGGERED BY -- FOR EACH MONTH
THEY WERE BELOW THE 2700

00:43:40.100 --> 00:43:42.100
THRESHOLD OR IF THEY DROPPED

00:43:43.100 --> 00:43:46.100
BELOW THEY GOT FIVE PAYMENTS.
>> EACH MONTH, EACH MONTH

00:43:47.100 --> 00:43:50.100
REPORTING WOULD DETERMINE THE
PAYMENT THAT MONTH.
>> TO THE SURVEY.

00:43:50.100 --> 00:43:52.100
IF I RECALL CORRECTLY NINE

00:43:54.100 --> 00:43:56.100
RESPONDENTS COLLECTED OPTION

00:43:58.100 --> 00:44:01.100
ONE.
>> YES, SIR.
>> DO WE KNOW IF ANY OF THOSE

00:44:04.100 --> 00:44:06.100
PEOPLE SELECTING OPTION ONE IN

00:44:07.100 --> 00:44:10.100
THE SURVEY WOULD RECEIVE LESS
MONEY IF WE SELECTED OPTION ONE

00:44:12.100 --> 00:44:15.100
OR WOULD THEY RECEIVE MORE
MONEY --
>> I DON'T HAVE THAT INFORMATION

00:44:17.100 --> 00:44:19.100
NOW, SIR.
>> OKAY COMMENTS OR QUESTIONS.

00:44:20.100 --> 00:44:23.100
>> NONE HERE.
CHAIRMAN.

00:44:23.100 --> 00:44:26.100
>> NONE.
>> A MOTION.
>> AGAIN I WOULD LIKE TO THANK

00:44:26.100 --> 00:44:29.100
THOSE PROVIDING COMMENTS TODAY
AND LAST WEEK.
THANK YOU TO THE COMMITTEE

00:44:29.100 --> 00:44:32.100
MEMBERS PRESENT TODAY.
I MOVE WE DON'T INCLUDE INCOME

00:44:34.100 --> 00:44:36.100
REPLACEMENT PAYMENTS TWC AS A

00:44:37.100 --> 00:44:40.100
PRIOR COMPENSATION AND WE
APPROVE THE OPTION 2

00:44:41.100 --> 00:44:43.100
FORMULATION.
WE APPROVE THE FINANCIAL RELIEF

00:44:44.100 --> 00:44:46.100
AND RESTORATION APPLICATION TO
THE REHABILITATION SERVICES

00:44:48.100 --> 00:44:50.100
USING THE APPROVED METHODOLOGY.

00:44:51.100 --> 00:44:53.100
>> SECOND.
>> MOVED AND SECONDED.

00:44:55.100 --> 00:44:58.100
MOTION CARIES.
>> NOTHING IN ITEM TEN.

00:44:59.100 --> 00:45:01.100
>> NO, SIR.
>> ITEM 11.

00:45:02.100 --> 00:45:05.100
>> NO, SIR..
>> ITEM 12.
>> NO.

00:45:05.100 --> 00:45:08.100
>> NO.
ITEM 13.
>> ALSO NO.

00:45:08.100 --> 00:45:11.100
>> ITEM 14.
>> ANOTHER.
>> I DO HAVE ONE THING SORT OF

00:45:14.100 --> 00:45:16.100
SEMI UNDER ITEM 14 I WILL PUT IT

00:45:19.100 --> 00:45:21.100
IN OTHER ORDERS OF BUSINESS.

00:45:22.100 --> 00:45:25.100
SO THERE WAS A PRESS RELEASE
THAT WENT OUT LAST WEEK BY A

00:45:26.100 --> 00:45:29.100
COMPANY WHO HAS A CONTRACT WITH
US.

00:45:29.100 --> 00:45:32.100
THAT WE DID NOT APPROVE, IT
CREATED SOME QUESTIONS FOR ME.

00:45:35.100 --> 00:45:37.100
COULD YOU ARRANGE FOR A BRIEFING

00:45:41.100 --> 00:45:43.100
ON OUR IT PROJECTS THAT ARE IN

00:45:44.100 --> 00:45:46.100
PROGRESS AND WHERE WE ARE WITH
THE IT PROJECTS.

00:45:47.100 --> 00:45:49.100
I KNOW WE HAD MONEY IN THE

00:45:54.100 --> 00:45:57.100
APPROPRIATION BUILDINGS.
I WOULD LIKE TO GET UP TO SPEED

00:45:58.100 --> 00:46:00.100
ON WHERE WE ARE AND WHERE WE'RE

00:46:01.100 --> 00:46:04.100
GOING.
IF YOU THINK IT'S BET TORE DO IT
INDIVIDUALLY OR CARVE OUT TIME.

00:46:07.100 --> 00:46:09.100
EITHER WORKS FOR ME.
>> IF IT'S OKAY WITH YOU,

00:46:10.100 --> 00:46:13.100
MR. CHAIRMAN.
WE WILL DO IT NEXT WEEK UNDER
EXECUTIVE DIRECTOR'S REPORT.

00:46:15.100 --> 00:46:18.100
>> ALRIGHT.
ANY OTHER BUSINESS.
>> NONE HERE.

00:46:18.100 --> 00:46:21.100
>> NONE.
>> ALRIGHT.
DO WE HAVE A MOTION TO ADJOURN.

00:46:21.100 --> 00:46:24.100
>> I MOVE WE ADJOURN.
>> IT'S BEEN MOVED AND SECONDED

00:46:25.100 --> 00:46:27.100
TO ADJOURN.
WE ARE ADJOURNED.