MINUTES SENATE COMMITTEE ON NOMINATIONS Monday, May 2, 2005 2:00 p.m. or upon adjournment Capitol Extension, Room E1.016 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Nominations was held on Monday, May 2, 2005, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jon Lindsay Senator Eddie Lucio, Jr. Senator Bob Deuell Senator Jane Nelson Senator Gonzalo Barrientos Senator Kevin Eltife Senator Mike Jackson ***** The chair called the meeting to order at 6:15 p.m. There being no quorum present, the following business was transacted: The following member arrived after the roll was called: Senator Barrientos. Chairman Lindsay announced that, because the committee was so late getting started, there would be no extensive introductions and that his plan was to vote out the Health and Human Services Council and then take a vote on all the non-appearing. He told the committee that Senator Barrientos would come in later with questions for the nominees to the Human Rights Commission. Chairman Lindsay announced that it was his intention to change the meeting time to 11:00 a.m. Monday to prevent future conflicts. The chair informed the committee that Robert Valadez, nominee to the Health and Human Services Council, was excused from appearing and a copy of Mr. Valadez's letter was in each member's binder. Chairman Lindsay then recognized the nominees to the Health and Human Services Council: Kathleen O Angel, Sharon Janel Barnes, Mi Yun "Maryann" Choi, M. D., Manson B. Johnson, Jerry Kane, Leon J. Leach, Ronald Luke, Ph.D., J.D. Chairman Lindsay then recognized the nominees to the Human Rights Commission who were present, Thomas Anderson, Jose de Santiago and Anwar Khalifa. The chair informed the members that letters had been submitted by Patricia V. Mares Asip, Shara Michalka and Nila T. Wipf, and added that John Hamice James had been present, but had to leave to catch the last flight home. At 6:28 p.m. a quorum was established. Senator Jackson moved adoption of the minutes from the previous hearings held on April 25, 2005, and April 26, 2005; without objection, it was so ordered. Chairman Lindsay asked for a motion on the nominees to the Health and Human Services Council, Senator Jackson so moved and, by a vote of 7 ayes, 0 nays (Senators Lucio, Nelson and Barrientos submitted vote) the nominees to the Health and Human Services Council were recommended to the full Senate for confirmation. Chairman Lindsay asked for a motion for a vote on the non-appearing nominees. Senator Eltife so moved, and at 6:29 p.m. the committee voted by 7 ayes, 0 nays, (Senators Lucio, Nelson and Barrientos submitted vote) to send the nominees to the following entities to the full Senate for confirmation: the Aging and Disability Services Council, the State Board of Barber Examiners, the Governing Board of the Texas School for the Deaf, the State Board of Dental Examiners, the State Health Services Council, and the Texas Polygraph Examiners Board. Chairman Lindsay announced that the committee would stand at ease. Senator Barrientos assumed the chair and asked that the nominees to the Commission on Human Rights approach the table. Thomas Anderson, Jose deSantiago and Anwar Khalifa gave brief introductory remarks. Barrientos asked for comments on how things were going at the Commission, Anderson said fairly smooth. Barrientos asked Anderson for his thoughts concerning the Commission's move to the Workforce Commission's umbrella. Anderson replied that it was for economy without duplication. de Santiago said he has served the commission for seven years and hopefully will work with the new director to solve problems. Khalifa said he was not there when the move occurred, but that he understood it to be a move for economy. Barrientos said that economy was not the main reason for the non-functioning commission. Barrientos asked how many employees were at the Commission, Khalifa answered 29. deSantiago gave the breakdown:10 Hispanic, 10 African-American, 8 Caucasian and 1 North-African. Barrientos asked how many complaints had been filed against the Commission's new director who had only been there for five months and the answer was five complaints. Anderson described the process for due process. Barrientos asked Anderson where the most discrimination occurred, Anderson said that race is still number one. In addition, gender and age account for quite a bit. Anderson added that of 144 cases that had gone to mediation, he thought that a determination had been made on all of them. He differentiated between determination and resolution. Barrientos quizzed the nominees about the budget and whether the number of employees was sufficient. Khalifa said that they could always use more but if they filled the positions that are open they would be in good shape. Anderson said that they could use two or three more people because of the housing cases and de Santiago said they need more help. Barrientos questioned Khalifa about the number of case loads per investigator. Khalifa did not know. Barrientos asked what is the average time for a complaint to reach final resolution. Barrientos told the nominees that they were good, good people but that the situation had been very disappointing because the commission lacked the required funding. He asked that Anderson respond to him in a few weeks with the following information: average caseload per worker, current time for final resolution, why five complaints were filed against the agency, turnover rate and reason for turnover rate. He also asked them to think of ten questions they want answered and offered to get together with them. There being no further business, at 6:59 p.m. Senator Barrientos moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Jon Lindsay, Chair _____________________________ Jazen Wood, Clerk