MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, May 2, 2005
2:00 p.m. or upon adjournment
Capitol Extension, Room E1.016
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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
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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.
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Senator Jon Lindsay, Chair
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Jazen Wood, Clerk