April 17, 2013 - Texas Workforce Commission

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April 17, 2013 - Texas Workforce Commission

1

1 TRANSCRIPT OF PROCEEDINGS

2 BEFORE THE

3 COMMISSION ON HUMAN RIGHTS

4 (TEXAS WORKFORCE COMMISSION - CIVIL RIGHTS DIVISION)

5 AUSTIN, TEXAS

6

7

PUBLIC MEETING FOR THE )

8 COMMISSION ON HUMAN RIGHTS )

TEXAS WORKFORCE COMMISSION )

9 CIVIL RIGHTS DIVISION )

10

11

12 COMMISSION MEETING

13 WEDNESDAY, APRIL 17, 2013

14

15

16 BE IT REMEMBERED THAT at 9:08 a.m. on

17 Wednesday, the 17th day of April 2013, the above-

18 entitled matters came on for hearing at the Texas

19 Workforce Commission, TWC Building, 101 East 15th

20 Street, Room 244, Austin, Texas, before CHAIRMAN

21 ANDERSON and the COMMISSIONERS of the Human Rights

22 Commission, Texas Workforce Commission - Civil Rights

23 Division; and the following proceedings were reported by

24 Autumn J. Smith, a Certified Shorthand Reporter in the

25 State of Texas.


2

1 TABLE OF CONTENTS

2 PAGE

3 AGENDA ITEM NO. 1 .................................. 3

Chairman Anderson

4

AGENDA ITEM NO. 2 .................................. 3

5 Chairman Anderson

6 AGENDA ITEM NO. 3 .................................. 5

Norma J. Norman

7

AGENDA ITEM NO. 4 .................................. 13

8 Norma J. Norman and Daryl Steglich

9 AGENDA ITEM NO. 5 .................................. 29

Norma J. Norman

10

AGENDA ITEM NO. 6 .................................. 38

11 Vickie Covington

12 AGENDA ITEM NO. 7 .................................. 49

Norma J. Norman

13

AGENDA ITEM NO. 8 .................................. 49

14 Chairman Anderson

15 AGENDA ITEM NO. 9 .................................. 50

Chairman Anderson

16

AGENDA ITEM NO. 10 ................................. 50

17 Chairman Anderson

18 AGENDA ITEM NO. 11 ................................. 63

Chairman Anderson

19

Reporter's Certificate ............................. 65

20

21

22

23

24

25


3

1 P R O C E E D I N G S

2 WEDNESDAY, APRIL 17, 2013

3 (9:08 a.m.)

4 AGENDA ITEM NO. 1

5 CHAIR ANDERSON: Good morning. Sorry

6 that we're starting a little bit late. My name is Tom

7 Anderson. Welcome to the Civil Commission on Human

8 Rights meeting for April 17, 2013.

9 AGENDA ITEM NO. 2

10 CHAIR ANDERSON: We welcome everybody,

11 and we will -- do we have any special guests today?

12 It's almost like Norma is a special

13 guest, but we'll be talking with her for a very long

14 period of time today.

15 MaryLou Morrison, Austin, Texas has some

16 comments. Ms. Morrison, you have three minutes.

17 MS. MORRISON: Okay. Now we have another

18 new interim director, but I understand that she's too

19 smart to apply for the job on a permanent basis. Too

20 bad. I've heard some positive feedback suggesting that

21 she may have a grasp of what's wrong at the CRD.

22 Although it has always been obvious, I

23 have explained it in almost every quarterly meeting for

24 the past 10 years, and there are at least a couple of

25 TWC attorneys whom I feel certain are well aware of the


4

1 reasons for the CRD's dismal failures after hearing

2 sworn testimony about the incompetence and illegally

3 discriminatory actions committed by some of the CRD's

4 managers. I cannot understand why TWC has refused to

5 make corrections unless it was and continues to be TWC's

6 goal to ensure that the CRD fails.

7 While it might be for political reasons

8 difficult to completely abolish the CRD and thereby

9 forfeit all pretense of opposing unlawful housing and

10 employment discrimination, TWC has by rewarding failure

11 and incompetence succeeded in perpetuating unlawful

12 discrimination, though making the CRD toothless and

13 ineffective.

14 I understand the CRD was publicity chided

15 by the Feds for improperly jumping into a housing

16 dispute in Houston involving a couple of rich families

17 in a case that had already been remanded from the Fifth

18 Circuit. Even the newest and/or least competent housing

19 investigator should have known better than that, and

20 please recall I told you at the time that the CRD had no

21 authority to intervene. What an embarrassment.

22 According to a reliable source, HUD will

23 be hiring additional federal housing investigators to

24 handle more investigations directly due to the failures

25 of state agencies to even minimally address


5

1 discrimination.

2 I question the CRD's ability to meet

3 federal contract requirements when implementing the

4 proposed rapid closure processing -- process. EEOC will

5 be closely monitoring for contact compliance, and it

6 appears that some of the CRD's current and former

7 managers have either never read or are unable to

8 understand these contracts.

9 Constant investigator turnover is another

10 problem due to poor management practices that include

11 but are not limited to the mandatory of routine

12 overtime. It has resulted in the loss of some of the

13 most productive and longterm employees. Does no one

14 understand that overtime is an expense for which the CRD

15 has to account? Time is money and employees have to be

16 paid for their time.

17 Another costly trial against the CRD is

18 scheduled for August. Lawyers from other states are

19 volunteering assistance for this and the retrial.

20 Finally, the TWC is attracting the outside attention

21 that will expose and end this travesty once and for all.

22 AGENDA ITEM No. 3

23 CHAIR ANDERSON: Item No. 3 on the

24 agenda: Discussion, Consideration, and Possible Action

25 Regarding Activities Conducted for Second Quarter of


6

1 Fiscal Year 2013. Ms. Norman, welcome and would you

2 please proceed?

3 MS. NORMAN: Thank you, Chair. Welcome

4 Commissioners. It's been my delight to work with the

5 staff of CRD and have participated since March 1 in a

6 number of activities that I think will be productive in

7 our moving forward.

8 However, before I begin my personal

9 activities, I do have two awards I wish you would allow

10 me to present. One award is to Chairman Thomas

11 Anderson. Let me read it to you: In appreciation for

12 your years of dedication and service in making Texas a

13 better place to live and work, we are happy to provide

14 you with this award for your service on the Commission

15 April 1, 2002 to February 1, 2013. Thank you so much

16 for your dedication.

17 (Applause)

18 MS. NORMAN: And one more award for

19 Commissioner Danny Osterhaut.

20 COMM. OSTERHAUT: Yes.

21 MS. NORMAN: In appreciation for your

22 years of dedication and service to the Commission of

23 Human Rights in making Texas a better place to live and

24 to work. For your service on the Commission

25 December 22, 2008 through February 1, 2013. Thank you.


7

1 COMM. OSTERHAUT: Thank you.

2 (Applause)

3 MS. NORMAN: Thank you so much. And as

4 well, thank you to all the other commissioners for your

5 time and energy dedicated to our purpose and goals and

6 mission for the Civil Rights Division and the Commission

7 of Human Rights.

8 Again, I'll start. You have a copy of my

9 director's report. Just a few of the highlights that

10 have occurred from March 1st, which was my first day at

11 CRD, to the present.

12 I have been very fortunate in having

13 communication with the staff. We began by having

14 one-on-one meetings with each staff member and myself.

15 We then conducted two mandatory full time staff

16 meetings. During the second meeting, I did give some --

17 well, during the first meeting, we gave some direction

18 and some decision making on how things would be running

19 during this interim period of time. During the second

20 meeting, I gave feedback on the individual staff

21 concerns. I asked each one of the employees a variety

22 of 10 to 12 questions that were consistent for all, gave

23 them some general feedback. We talked about

24 environment. We talked about moving forward in the

25 interim. We talked about some of their goals, and we


8

1 also reaffirmed our mission statement and how we could

2 work as a team moving forward and getting CRD to where

3 we were all very comfortable with our participation and

4 our service to the citizens of Texas. We itemized

5 several areas that we wanted to make some -- some

6 innovation in, and we have begun working on those items.

7 And, of course, we will do as much as we can do during

8 this interim period.

9 I also participated in several meetings

10 related to personnel issues and concerns. I conducted

11 meetings with the CRD trainer to review the training

12 sessions that were to be held this year that were

13 planned and to initiate a development of written

14 policies and procedures for the training function. As

15 I'll respond in -- later in my presentation this

16 morning, one of the areas that I think we can improve

17 particularly in getting monies -- to raise monies to

18 have CRD much more comfortable on the financial end is

19 to produce a training -- set of training courses in

20 housing and in employment that others would be able to

21 pay for and be able to value from as it relates to

22 employment discrimination and to housing. I think

23 that's an area that we can look at in developing some

24 structure and also developing some needs there.

25 We are planning to send out some surveys


9

1 to our individuals that we partner with, try to get a

2 feel for what the community and the State might need as

3 far as training pieces, video training, possibly online

4 training, and see if we can market those.

5 We also participated in the CRD policy

6 review of staff member. We talked about initiating and

7 developing written policy procedures in conducting those

8 said reviews.

9 We also established what are goals in our

10 individual state reviews. As you know, we are required

11 by statute to review the policies and procedures of

12 personnel in EEO for state agencies within the State of

13 Texas. We have 29 state agencies that we are reviewing

14 this year for 2013. We discussed the plan for that and

15 how that could occur before the end of the year.

16 We also held administrative meetings with

17 our CRD managers and supervisors on a weekly basis and

18 also have held four meetings with our administrative

19 assistants and their managers to talk about goals,

20 objectives, team work, and being sure that our functions

21 were consistent with one another.

22 In addition, as a director of TWC, I

23 attended executive staff meetings on a weekly basis,

24 participated in daily meetings to discuss fiscal

25 impacts; and as you are aware, we are developing the


10

1 2014 budget. So we have been focusing on that.

2 And also of the senate and legislature,

3 those bills that might affect the Civil Rights Division,

4 we have been involved in doing the analysis and

5 providing information along with John Moore of RID, who

6 has been very helpful with his attorneys in producing

7 those analyses to assist me with that process.

8 We also have been participating with the

9 Rapid Process Improvement system, RPI. At our next

10 meeting I would like or have one of the managers or the

11 new director to present to you our RPI improvement

12 process. We have begun looking at the employment

13 division to talk about how can we streamline our

14 processes to look at cases in a much more expedient

15 manner and also make decisions that are equitable

16 decisions quickly and to reduce our aged cases.

17 We are now ready to move on to the

18 housing division to look at that division to do quite

19 the same. We have some graphs that at the time we

20 present our RPI process to you that has been completed,

21 we'll be able to, not only present you the systems as

22 redeveloped, but we'll also give you some results on how

23 we believe the system has streamlined and improved our

24 case closure rate.

25 I participated in meetings with the CRD


11

1 staff and also our -- our RPI representative Alfredo

2 Mycue, who has been very helpful with weekly meetings,

3 and we are identifying constraints are those areas that

4 are preventing us from improving our closure rate and

5 looking at areas that we can improve our investigations

6 and mediation processes.

7 I participated in meetings and I -- I

8 think I already mentioned the proposed legislation

9 meetings that I participated in.

10 Finally, I have participated in telephone

11 conferences with HUD, U.S. Department of Housing and

12 Urban Development concerning the sequestration, the

13 possible cutbacks. Luckily, we are hearing that the

14 2014 budget will -- has not been affected at this moment

15 for the -- for the agencies -- state agencies. We are

16 hoping that that remains the same.

17 We have also participated with the legal

18 department and the general counsel in talking with HUD

19 regarding the Ojo case, the Ojo v. Farmers Group court

20 case that I have copied Chairman Anderson on, and we can

21 give you more information. Generally, there is an issue

22 with HUD feeling that Texas does not have substantial

23 equivalency in their request that we change state laws

24 and legislation, which we do not feel at this point that

25 we can do.


12

1 We have also participated in meetings

2 with the EEOC. We have had at least one meeting and

3 will have tomorrow another meeting from our EEOC program

4 manager, and he has been very, very helpful in coming

5 and talking about training of our investigators and

6 looking at cost cases and identifying them much earlier

7 in the investigation process and helping us to identify

8 areas of concern in where we can close cases on the EEO

9 side much more expediently.

10 I and the trainer -- CRD trainer

11 presented an eight-hour training session to the Texas

12 Criminal Justice Department on the 11th of April. It

13 was a video conference that went out to nine different

14 sites throughout the state affecting approximately 80

15 people. We felt that was a very positive training

16 session and wished to do more.

17 Also I attended the Fair Housing

18 conference hosted by the Texas Austin Tenants Counsel on

19 the afternoon of April 11th. Only got to do maybe an

20 hour or two of that but -- because the training was

21 going on at the same time.

22 We've also -- getting ready to sponsor on

23 April the 23rd and cosponsor with the City of Austin

24 Housing Development area a conference. Because we have

25 April being Fair Housing month for 2013, this is an area


13

1 where we can do more outreach for CRD and make contact

2 with our partners.

3 And that is the sum total of the last

4 four weeks, four and a half weeks.

5 CHAIR ANDERSON: Well, thank you. We

6 appreciate what you've done and what you will be doing

7 till we name a new director. I certainly understand and

8 appreciate the fact that -- that you wanted to return to

9 TWC, and we appreciate all you're doing for CRD in the

10 interim.

11 MS. NORMAN: Thank you.

12 CHAIR ANDERSON: Is there no more

13 comments -- is there any comments or questions from the

14 commissioners?

15 That addresses No. 3, and we'll move to

16 No. 4.

17 AGENDA ITEM NO. 4

18 CHAIR ANDERSON: Discussion,

19 Consideration, and Possible Action Regarding the

20 Quarterly Report Concerning the Budget and the Fiscal

21 Report. Daryl Steglich and Ms. Norman.

22 MS. NORMAN: I will have Mr. Steglich

23 here with me by my side, and we'll be able to discuss

24 our 2013 revenues and expenditures.

25 CHAIR ANDERSON: You're also going to


14

1 discuss that extra handout, Daryl?

2 MS. NORMAN: Yes. Yes. I do have. Does

3 everyone have the extra handout, by chance?

4 CHAIR ANDERSON: Okay. Daryl, if you're

5 ready, go ahead. Proceed, please.

6 MR. STEGLICH: For the record, Daryl

7 Steglich, Texas Workforce Commission, Finance

8 Department. Good morning, Commissioners and Chair

9 Anderson.

10 The first slide that we start out with is

11 the revenue and expenditure comparison. I'm going to

12 start with the top line. The top line has budget, and

13 compared to actual expenditures here today, the budgeted

14 amount, of course, is the $2.8 million. As we set up

15 the budgets for each year, we assume that there will be

16 no variance at the end of any particular year. So that

17 number has our targeted closed cases in it and the

18 revenue that's associated with that, plus, any general

19 revenue that's associated with it for the year.

20 Our year-to-date expenditures are one

21 point -- 1.25 million which is at a little less than

22 45 percent of budget. So that's -- for comparison to

23 budget, that works really well.

24 Then next line, we do a projection based

25 on your -- the current production for case closures


15

1 along with an -- the general revenue that's associated

2 and so on and so forth. Our projected revenue is about

3 2.5 million at this point in time. Our projected

4 expenditures are just about that number. I'll point --

5 focus you on the percent expended. When we look at the

6 percent expended, it's a little over 100 percent, but

7 that .98 represents about $25,000. Again, this is a

8 projection. It is a manageable number should we end up

9 there.

10 The next line, which is the revenue

11 surplus deficit, that's simply the difference between

12 what we assumed our revenue would be at the beginning of

13 the year for budgetary purposes and the amount that we

14 have projected. That number is just -- is a reference

15 number that you can use to look at performance and where

16 we are currently this -- at this time during the year.

17 Is there -- I'll answer any questions you

18 might have regarding that?

19 (No response)

20 MR. STEGLICH: Okay. The next slide is

21 the comparison. We give you 2011, '12, and '13, the

22 various categories: Salaries, travel, and benefits and

23 other operating -- for comparing 2012 to 2013, which is

24 the most recent year, we're in the same ballpark as

25 where we were last year. So I think things are moving


16

1 along in accordance with the patterns that occurred in

2 the prior year.

3 Have any questions?

4 CHAIR ANDERSON: Yeah. Why is the --

5 such a big jump between 2012 benefits, less GR, and in

6 your projection in 2013, which is kind of in line with

7 2011? But what is that difference there?

8 MR. STEGLICH: Some of that may have to

9 do with accounting adjustments between general revenue

10 and federal monies that occur during the year. The --

11 those -- the amounts fluctuate back and forth. We do

12 adjustments to make sure that we use the -- to the

13 extent possible, we use general revenue in proportion to

14 what our federal -- federal monies are to match the

15 benefits proportional by fund. During the course of the

16 year, that may not be something that matches up real

17 well, but we make adjustments to get that lined up.

18 CHAIR ANDERSON: And the other

19 operating -- including admin for our benefit, at least

20 for mine -- and that's the money -- most of it is the

21 money we pay TWC for services other than -- for services

22 that we don't -- can't provide for ourselves.

23 MR. STEGLICH: That is correct. Yes,

24 sir. That -- those particular amounts include things

25 like the facility costs, utilities, capital budget


17

1 expenditures, PCs, things of that sort. Yes, sir.

2 Outside of that are generally provided

3 for operation of the program along with some

4 programmatic stuff that -- supplies and things of that

5 sort, training that the CRD staff have that are in their

6 department.

7 CHAIR ANDERSON: Okay.

8 MR. STEGLICH: Any other questions?

9 If not, I'll move on to the next slide.

10 This is a little change from the prior presentations

11 that we have, and this is also one that includes

12 commitments, the encumbrances that are shown -- that are

13 in the accounting system as of February 28th. It is not

14 specifically expenditures. I want to make sure that I

15 make that point. It's -- we've done an accumulation or

16 an agregation for those expen -- those items that are

17 related to EEOC. EEOC, of course, is comprised of both

18 federal monies and general revenue monies. So we've

19 made some assumptions based on what we've budgeted for

20 the amounts that are kind of split between the training

21 and monitoring and the EEOC. The amounts in here

22 prior -- well, let me back up and talk about the last

23 presentations.

24 We broke -- it was broken down in federal

25 EEOC, federal HUD, general revenue, and then the


18

1 training and monitoring. That's not from a functional

2 perspective. I tried to put this into something that

3 would put it in three categories that I'm hoping that

4 you would -- you will recognize and get a little bit

5 more information out of. The EEOC, as you can see we --

6 with general revenue and federal monies is approximately

7 $1.3 million in each of the years. We have the revenue

8 generation between the years. We had about 724,000 in

9 '13, and we're at about 580,000 in '14. Our expenditure

10 rates are somewhat comparable in that we're at about

11 575,000 in '12 and about 514 in '13. Percentage-wise

12 we're right in the 40 percent range for that particular

13 funding source.

14 For HUD, we have approximately

15 $1.1 million that we have for revenue. Our -- I mean

16 for budget -- budgeted revenue. That's correct.

17 Generated revenue is in the mid-500,000s at this point

18 in time based on case closures and our expenditures

19 for -- if you compare '12 to '13, the expenditure column

20 looks a little bit high. Again, we have some

21 encumbrances. Those are time differences that happen

22 between periods. That puts us for HUD, we're at around

23 50 percent -- we were at around 50 percent for '12.

24 We're around 60 percent for '13. So it's not an

25 unmanageable situation.


19

1 CHAIR ANDERSON: And these numbers are

2 through February --

3 MR. STEGLICH: Through February.

4 CHAIR ANDERSON: Through February, is

5 that the six month?

6 MR. STEGLICH: Yes, sir. That's halfway

7 through the year, yes, sir.

8 Training/monitoring is somewhat

9 comparable to the others. It's relatively a small

10 dollar amount. We were at about 60 percent in '12, and

11 in '13 we're right at 50 percent for that particular

12 one.

13 Does that type of presentation -- is it a

14 little bit more understandable than the ones we had

15 prior? I'd appreciate your feedback. We want to make

16 this something that you can use, if at all possible.

17 CHAIR ANDERSON: The HUD revenues and

18 expenditures kind of stand on their own because it takes

19 care of itself, but you've got to make up the EEOC

20 revenue by a general revenue.

21 MR. STEGLICH: That is correct. Yes,

22 sir. We are not compensated on EEO cases sufficient --

23 sufficient amount of dollars to offset the total cost of

24 each case -- closing each case.

25 CHAIR ANDERSON: Commissioners? All


20

1 right.

2 MR. STEGLICH: We'll move on to the case

3 information. This particular slide compares the

4 budgeted cases, the cases we use to build the budgets

5 each year, and the current production through

6 February 28th for EEOC for '12 and '13 are presented

7 there. We had approximately 890 cases in each of the

8 years. Our production in '12 was 490. At this point in

9 time, we're at 282 currently for --

10 CHAIR ANDERSON: Through February.

11 MR. STEGLICH: Through February, that is

12 correct.

13 CHAIR ANDERSON: Where are we now, Norma,

14 do you know?

15 MS. NORMAN: We're 298 to present.

16 CHAIR ANDERSON: Okay.

17 MS. NORMAN: There was a -- and I'll talk

18 to that in just a moment on why there's a little shift

19 here and what we're going to try to do about it.

20 MR. STEGLICH: For HUD cases, we had 385

21 cases in each year. There were 189 cases closed in '12;

22 173 in '13. It's -- they're fairly similar case closure

23 rates as far as that is concerned.

24 Any questions?

25 CHAIR ANDERSON: Okay.


21

1 MR. STEGLICH: Okay. The next slide is

2 simply the comparison of the case closures in each year

3 to give you kind of a perspective as to where we are

4 just looking strictly at the case closures at this point

5 in time.

6 MS. NORMAN: I think this graph points

7 out that presently we're only about 20 cases down on our

8 HUD target. So we're very comfortable that we'll make

9 our target for HUD. We have some concerns about our EEO

10 and reaching our target by the end of the year.

11 However, we are making some changes, and we have made up

12 some ground in March. Sixty cases closed in March

13 versus 24 in February. So we're making some ground up

14 there, but I'll speak to that in a bit.

15 CHAIR ANDERSON: All right.

16 MR. STEGLICH: Okay. The next slide is

17 simply a case closure to give you kind of an idea of the

18 number of cases closed in any particular month. We have

19 the housing -- the housing target was 32 cases a month,

20 which would get us to the 385 cases at the end of the

21 year. The employment target is at 75 cases and the math

22 just works through. If for whatever reason the

23 production is over or under that -- that target, the

24 number in the targeted column simply goes up and down,

25 just to provide a perspective of where we are as far as


22

1 that's concerned.

2 Questions?

3 CHAIR ANDERSON: We do know -- we do have

4 March's numbers?

5 MS. NORMAN: We do have March's numbers

6 for employment, and 60 cases were closed in March for

7 employment versus the 26 that were closed in February.

8 I think this is the appropriate time.

9 At some point in January or February,

10 because of a loss of a mediator and also because of some

11 concerns about being able to do intake versus

12 investigation, employment investigators were moved from

13 the investigation process to the intake process. That

14 gave us a backlog of cases that were not being

15 investigated. That has been changed. We have

16 investigators doing investigative work. We have

17 intake -- our intake persons doing intake work, and I

18 believe our rate as demonstrated by March versus

19 February has tremendously increased.

20 Now, we know to reach our goal, we have

21 to increase even more because our investigators in EEO

22 are presently doing about 9.24 cases per month. They

23 need to be doing about 19 cases per month. Our average

24 day of EEO cases, it's taking about 147 days. We need

25 that to take 77 days. So we've got some trimming down


23

1 to do so we won't have a deficit in the EEO side, but I

2 do believe some of the RPI recommendations -- we have a

3 new mediator -- will work.

4 We have a new mediator position listed.

5 We have approval for HR to hold interviews. We'll be

6 holding that next week. That will directly impact the

7 EEO sides. We have two other housing investigator

8 positions that will be listed next week for the two

9 replacements of the investigators that we lost. That

10 will help continue our upward mobility on the HUD side.

11 So I think we will be in good shape;

12 however, we have a lot of work to do.

13 MR. STEGLICH: Questions?

14 I'll move on to next.

15 MS. NORMAN: Yes.

16 MR. STEGLICH: The handout that was

17 provided to you is to provide you a fund balance for

18 each of -- for the HUD and EEOC amounts. We, we being

19 TWC, went through a comprehensive reconciliation process

20 and checked all the fund balances. These balances

21 should be accurate even now because of the way the

22 production -- the production is working. The EEO

23 balance may come down some or the HUD balance may come

24 down some depending on where we are as far as the case

25 closures at the end of the year. That gives us a little


24

1 buffer in there.

2 As you may be aware, we had somewhere in

3 the neighborhood of, I think, it was 200 to $300,000

4 that was production above what our expenditures were for

5 the last fiscal year. So that's where some of this came

6 from.

7 CHAIR ANDERSON: How far back did you go?

8 Because $6.5 million revenue is, what, about five years

9 worth of -- four years worth of revenues?

10 MR. STEGLICH: The reconciliation went

11 all the way back to when the --

12 CHAIR ANDERSON: TWC.

13 MR. STEGLICH: -- TWC was given the Texas

14 Commission on Human Rights, yes, sir. It's a

15 comprehensive one. It included everything.

16 CHAIR ANDERSON: That's adjusted fund

17 balance. Where exactly is it residing?

18 MR. STEGLICH: It effectively is a cash

19 balance.

20 CHAIR ANDERSON: In the TWC's books or

21 our books?

22 MR. STEGLICH: It's on TWC's books as set

23 aside for these particular programs.

24 CHAIR ANDERSON: Can we, the

25 commissioners or the directors, do anything with that


25

1 money or is it just there as a -- a surplus in case we

2 need it or what?

3 MR. STEGLICH: To the extent that the

4 commissioners or management wish to expend those

5 dollars, it's available to you to do that. That's my

6 understanding. It is specifically for this program. It

7 is not -- these monies can't be used for any other

8 program is my understanding.

9 CHAIR ANDERSON: So it's not general

10 revenue because the general revenue -- does that go away

11 if we don't expend all those dollars or this is HUD --

12 strictly HUD and EEOC monies?

13 MR. STEGLICH: These are strictly federal

14 monies.

15 CHAIR ANDERSON: Dollars.

16 MR. STEGLICH: Yes, sir.

17 CHAIR ANDERSON: If we used it for extra

18 employees -- I mean, that money is just sitting --

19 sitting there. So it's not like it's going to be there

20 year to year to year. So, eventually, at some point

21 we'd run out of the dollars even if we hired an extra

22 employee that wasn't budgeted for by the TWC and CRD.

23 Right?

24 MR. STEGLICH: That is correct, yes, sir.

25 To the extent that the -- if we -- I'll use this year as


26

1 an example. If we expend all of the budget that is --

2 that we assumed and we closed all of the cases, of

3 course, there's a zero balance. If we don't close all

4 the cases that we thought we would and there's a

5 deficit, this would offset some of that deficit.

6 Now, having said that as far as hiring

7 additional staff and things of that sort, that certainly

8 can be done. We need to plan around that because,

9 again, if this is not a source that is replenished on a

10 yearly basis, eventually, the balance will go to zero.

11 Yes, sir.

12 CHAIR ANDERSON: Does it -- can we and

13 does it make any sense to hire part time when we're --

14 maybe like we're behind now, or can it be used for

15 overtime if we need to use some overtime dollars to get

16 some of these cases closed that we need to get closed?

17 MR. STEGLICH: Either option is a viable

18 one. You can use it for part-time employees or you can

19 pay overtime with it. My understanding is that so long

20 as the dollars are expended on the program, the specific

21 programs --

22 CHAIR ANDERSON: Right.

23 MR. STEGLICH: -- they can be used for

24 any operational cost that you may want to do with that

25 or enhancements or whatever.


27

1 CHAIR ANDERSON: That might be a little

2 topic of discussion with the commissioners because my

3 belief is that maybe y'all need to put together a plan

4 and either present it or put together a plan and

5 implement it and certainly let us know what it is to --

6 whether you need part time people or you can hire

7 some -- I don't even know if you can hire part time

8 people who have the expertise that's going to provide

9 you any assistance. I mean, if you're using a person to

10 oversee, a part-time person, you're really not gaining

11 anything.

12 MS. NORMAN: Exactly. Well, we just

13 became aware of this yesterday.

14 CHAIR ANDERSON: Right.

15 MS. NORMAN: So what we will do is

16 certainly talk with Daryl and his team and see what

17 proposals that we can put in place.

18 CHAIR ANDERSON: I wouldn't want -- my

19 belief is I don't want to use this as a crutch and say,

20 'Okay, well, you're only completing 50 percent of your

21 cases, so we still got this money over here on the side

22 that we can use if you don't make your goals.'

23 Commissioners, anybody?

24 COMM. GLOVER: No, I absolutely agree.

25 COMM. DIGGS: I have one question. In


28

1 your report, you mentioned that we were hiring or

2 posting the mediator position?

3 MS. NORMAN: Mediator position, yes.

4 COMM. DIGGS: Did we continue to

5 investigate using contract mediators at all?

6 MS. NORMAN: We investigated that;

7 however, we had four vacant positions. So we felt

8 strongly about and as result of our RPI process seen

9 that mediators could help us to close quickly. We

10 decided to hire a permanent mediator. There still is

11 the option of doing a

12 mediator/contractor/investigator -- slash, investigator,

13 which would be someone who we might be able to use in

14 both categories, and that certainly could be a contract

15 person. Of course, obviously, having a contract person,

16 we don't do the benefits, et cetera.

17 COMM. DIGGS: Right.

18 MS. NORMAN: And now that we understand

19 there may be monies available -- although, again, Daryl

20 cautions us not to talk about expending too much.

21 However, we could certainly put that toward the goal.

22 COMM. DIGGS: Yep, that's what I was

23 thinking.

24 MS. NORMAN: Absolutely.

25 COMM. DIGGS: Thank you.


29

1 MS. NORMAN: So what we'll do is prepare

2 a plan of action and make a recommendation.

3 CHAIR ANDERSON: If you would go ahead

4 and -- if you'd come up -- our next meeting is in June,

5 and I don't know that we want to wait till June. And I

6 don't know that we actually need to approve it as much

7 as just keep us aware and notify us of what your plan is

8 going forward; and if you're able to implement it this

9 month or first of next month, then, in June, you can let

10 us know how it's working.

11 MS. NORMAN: Will do.

12 CHAIR ANDERSON: Is that okay with the

13 Commissioners?

14 COMM. GLOVER: Absolutely. I don't want

15 to see a timeline on it.

16 MS. NORMAN: All right. Very good.

17 Thank you, Daryl, appreciate your help.

18 AGENDA ITEM NO. 5

19 CHAIR ANDERSON: Item No. 5: Discussion,

20 Consideration, and Possible Action Regarding the

21 Quarterly Report Concerning the Employment Enforcement

22 and Training and Monitoring.

23 MS. NORMAN: Our next slide is our

24 employment case inventory. Here, again, we reiterate we

25 certainly understand we have some concerns about


30

1 reaching our targeted goal. As you can see in 2011 as

2 of the same time period, we had 54 percent of the cases

3 that were resolved, in 2012 47 percent, and here in 2013

4 we have 31.5 percent of the cases resolved. Our

5 inventory at the time of the printing of this document

6 was 286. We do now have an inventory of closed cases of

7 298. This is the remaining cases that we must work

8 through to close and any incoming cases to reach our

9 targeted goal of 620. So, again, to reiterate, we have

10 our work cut out for us. Although, certainly, there's

11 some avenues we can, by hiring the new mediator and also

12 looking at the possibility of hiring other program or

13 part time, there may be a plan of action that we can put

14 together to meet this goal.

15 We're discussing tomorrow with our EEO

16 officer, program officer our attempts and hope to have

17 him understand that we do have a plan of action. Such

18 that there's not retrenchment in monies by June.

19 Similarly, on the next slide, the

20 employment type of case closures, you can see in the

21 quarter of 2013 those are the numbers and the types of

22 case closures that have been affected. Not tremendous

23 amount of differences, although, there's certainly

24 differences in the numbers of cases; but it seems that

25 the types of closures are fairly consistent with closure


31

1 types in 2012 and 2011.

2 Of course, our EEOC concerns are

3 for-cause closures, being able to find for-cause cases,

4 being able to train investigators to early identify

5 for-cause cases, not logical to continue to have cases

6 that are not identified as for-cause, and allowing our

7 EEOC program manager from the federal office to work

8 with us in developing such.

9 The next slide talks about the closed

10 cases for each quarter 2011, '12, and '13 by selected

11 categories. We seem to have, again, some consistency in

12 each one of the categories of disability, age, and Title

13 VII equivalency. Not extreme cases in either one, but

14 fairly consistent numbers throughout for each of the

15 three years.

16 CHAIR ANDERSON: Is it not true that we

17 have less investigators in 2013 than we had in 2011?

18 MS. NORMAN: We have -- in the employment

19 EEO side, we do have one less investigator -- well,

20 actually, two because we're hiring the mediator and we

21 have one more down. So you're absolutely correct. So,

22 hopefully, we can rectify that and get that plan of

23 action to you so that we can be sure that we reach our

24 targeted goal on the EEO side.

25 Of course, the next slide talks about


32

1 aged cases. We certainly have identified that as of

2 concern. As you can see, there are four cases or 1.5 of

3 the percent of the total that are over 365 days. We

4 have been able to reduce the aged cases in each of the

5 subsequent years 2011, '12, and now 2013. With the bulk

6 of our cases of 253 that are in the 97.7 percentile.

7 This is exactly what we want to occur because we want to

8 improve the rapidity of closing cases in a timely manner

9 and yet not having them age. So we're pleased with

10 those numbers, and we'll continue to work such that we

11 have no cases over the 300-day mark.

12 CHAIR ANDERSON: The aged cases are

13 remarkable. Is the 0 to 180 a reflection of the less

14 number of intake and the mediator which is where that

15 usually takes place, doesn't it?

16 MS. NORMAN: This is true, although,

17 we've been giving some concerted effort and Janet

18 Quesnel, who is our manager, who has been working with

19 investigators to ensure that aged cases are not laying.

20 So there -- I think both have been effective. No. 1,

21 identifying aged cases and getting those resolved; and

22 No. 2, getting intake to the right intake and

23 investigators doing their job to investigate. That

24 change has been productive on the aged case side.

25 CHAIR ANDERSON: Do we have internal


33

1 candidates for the mediator, or you going outside to

2 hire a mediator?

3 MS. NORMAN: We've posted it outside as

4 required by HR. We have candidates that have been

5 identified who have fit the top criteria, and then we

6 will probably interview all candidates that HR has

7 identified and move forward with that. We do have a

8 selection criteria and have presented that to HR along

9 with our questions, and they've approved both. So we'll

10 be moving forward.

11 MS. NORMAN: Housing, training, and

12 presentations that have been conducted. As you'll see

13 in 2013, upon taking the interim directorship, it was

14 observed that we had not sent out our state agency

15 letters until the end of February. There is a letter

16 that goes to each one of the state agencies that we are

17 required by statute to review, policy review. Those

18 letters usually go out in September of each year. I'm

19 not clear why it did not occur, but they went out in

20 February.

21 So we have not had the numbers of reviews

22 for our state agencies at a level that we should be

23 comfortable with, although, it seems that in 2011 and

24 2012 at this same point there were not as many state

25 agency reviews. We will be doing training in


34

1 concentrating on our policy reviews as well as our

2 training. Because I believe, as I stated earlier, those

3 are both areas that we certainly can improve producing

4 training for and also reviewing state agencies and being

5 sure that those training opportunities are available.

6 They go hand in hand. Once we do policy reviews of

7 state agencies, we find agencies that need training.

8 That should be a hand-in-glove situation.

9 So we're hoping to improve the training

10 of state agencies and higher educational agencies.

11 We're hoping to improve by producing a product that is

12 inviting to have private employers to look towards CRD

13 as producing viable employment discrimination or

14 anti-employment discrimination packages in training.

15 We're looking at online training as a possibility to

16 encourage private -- private employers as well as

17 private real estate holders to look at our housing

18 training. How can we get better training? I'm of the

19 HR sense that training is a key to improving the

20 environment both in the employment discrimination side

21 as well as the housing side.

22 So we're working diligently to try to get

23 some products that will be attractive to the citizenry

24 such that they would want to have us come in and do

25 training.


35

1 CHAIR ANDERSON: As I remember your

2 background, you've had quite a bit of experience in

3 training and employment Title VII type of training.

4 MS. NORMAN: That's correct.

5 CHAIR ANDERSON: Would you take it as a

6 personal mission to make sure that our trainers are up

7 to what you consider standards.

8 MS. NORMAN: I will. I will. I did sit

9 with and monitor our trainer and our policy reviewer,

10 and I have plans to go on a policy review in the near

11 future, probably next week. And both of those areas, I

12 think, are areas we should shepherd and sharpen skills

13 and be sure that we're doing the best we can do because

14 those two areas work hand-in-glove or should work

15 hand-in-glove. So we'll continue with that.

16 Our next event slide is those individuals

17 at EEOC training events, and as we can see, in 2011

18 there was a massive jog of training in EEO. I'm not

19 clear on what kinds of activities were done, but a

20 massive amount was done in 2011, 2012, and 2013. We

21 have had some -- conducted some EEOC training. We have

22 not added the numbers of the most recent one we did for

23 the criminal justice department; but certainly, 2013 we

24 want to improve in each one of the categories of EEOC

25 individuals trained, entities trained, and, certainly,


36

1 housing presentations.

2 Okay. Here, again, on the next slide,

3 we're speaking to the policy and personnel reviews that

4 are conducted. Again, here reflective we have changed

5 that number of on-site reviews to four. At this point

6 in the same time in 2012, there were eight. Our goal

7 here is to send out letters to all of the departments

8 that are to receive a policy review at latest by

9 September that will alert them that they will have a

10 policy review from CRD by statute. They will know what

11 the goals of that review is, and they will know the date

12 of that review.

13 This year we will be doing 29 reviews

14 and, again, four have been conducted as of this date.

15 Early notification will help us to begin the process at

16 an early date. And to date there has been no

17 certification of compliance with the TCHR, but we will

18 look at that and see what opportunities might be

19 available in the near future.

20 Firefighter reviews have not begun as of

21 yet; but there will be 16, I understand, from our policy

22 review plan for firefighter reviews for 2013. That also

23 must be done and completed before the end of the year.

24 Any questions?

25 COMM. DIGGS: Since none have been done,


37

1 are we sure we'll hit that 16 number before?

2 MS. NORMAN: Well, I've got a couple --

3 I've got my policy review and my trainer held hostage

4 here because they are -- they understand that we're not

5 granting vacations, and we're not doing excessive time

6 off. Of course, when people call in and they're ill,

7 they're ill. But we're going to get the work completed

8 this year by the end of the year.

9 Now, they have a plan, and they have

10 presented me their policy review and their firefighter

11 review process and they have dates. To date we have

12 been keeping track on those dates for the month of

13 April, but they just began in February. So we have the

14 dates. If we adhere to the dates, we'll complete them.

15 COMM. DIGGS: Okay.

16 CHAIR ANDERSON: What exactly have they

17 been doing for the last six months if they haven't been

18 completing any of these?

19 MS. NORMAN: I'm sorry. Since I haven't

20 been there, Chairman, I --

21 CHAIR ANDERSON: Would you look into that

22 and let us know what exactly the heck they've been

23 doing?

24 MS. NORMAN: I can. I can.

25 CHAIR ANDERSON: It's not like -- they're


38

1 both experienced. It's not like this is some brand new

2 goal that just popped up out of thin air so --

3 MS. NORMAN: I can give you some

4 feedback.

5 CHAIR ANDERSON: I don't know that you or

6 Jonathan being there has anything to do with the

7 requirement of their job which is to do policy reviews

8 and training and firefighter reviews.

9 MS. NORMAN: I agree. I will give you

10 some direct feedback on that.

11 Okay. Are we ready, Chairman, to move to

12 the next?

13 All right. Next section would be -- I'm

14 sorry, Chairman. I'm jumping into your space here.

15 CHAIR ANDERSON: No. Go ahead.

16 MS. NORMAN: Housing.

17 CHAIR ANDERSON: I'm sorry.

18 MS. NORMAN: Okay.

19 AGENDA ITEM NO. 6

20 MS. NORMAN: Next section would be our:

21 Discussion, Consideration, and Possible Action Regarding

22 Quarterly Report Regarding the Civil Rights Housing

23 Division. This is Vickie Covington. I'm sure you-all

24 know Vickie, and she will give that report.

25 MS. COVINGTON: Good morning,


39

1 Commissioners, TWC staff, and guests. For the record,

2 my name is Vickie Covington. I am the manager for Team

3 One that's Housing, ADR, and Outreach.

4 During the second quarter, complainants

5 received more than 350,000 in monetary relief, and two

6 case scenarios are shared with you in your booklets

7 behind the ADR tab. Complainants also received

8 nonmonetary relief such as training, favorable reference

9 checks, and reinstatement and reimbursement of sick

10 leave.

11 As Norma stated earlier, since January

12 we've been working with our EEO RPI team and the team

13 identified mediation as both our constraint and our

14 control point. We've implemented procedures that will

15 result in resolving more and more cases faster and

16 faster in the employment unit.

17 At this time I would like to present the

18 governor's proclamation reinforcing fair housing in the

19 State of Texas. I'm going to ask Janet to bring the

20 proclamation forward.

21 The proclamation reads: In 1968

22 President Lyndon Baines Johnson signed into law Title

23 VIII of the Civil Rights Act, also known as the Fair

24 Housing Act. This legislation prohibits discrimination

25 in the sale, rental, or financing of housing on the


40

1 basis of race, color, religion, sex, national origin,

2 familial status, or disability. In 1989 the Texas

3 Legislature passed the Texas Fair Housing Act

4 solidifying our State's commitment to the spirit of

5 nondiscrimination and equality of opportunity. These

6 acts were conceived with a noble goal in mind affording

7 all Americans the opportunity to pursue their American

8 dream and seek the type of housing they see fit.

9 Each year the month of April is dedicated

10 to reaffirming our commitment to fair housing for all

11 Americans. At this time I encourage all Texans to

12 support fair housing practices so that we can build an

13 even brighter future for the great state we call home.

14 Therefore, I, Rick Perry, Governor of Texas, do hereby

15 proclaim April 2013 to be Fair Housing Month in Texas

16 and urge the appropriate recognition whereof. Signed

17 Rick Perry, Governor of Texas.

18 Thank you, Janet.

19 CHAIR ANDERSON: Thank you. It was a

20 very important part of obviously what CRD does, even

21 though in most states the housing does not fall under an

22 agency such as ours. So I think Norma and the rest of

23 the CRD staff is to be commended on undertaking two very

24 important portions of the laws and working both of them

25 as diligently as possible. We appreciate that and


41

1 commend all the employees.

2 MS. NORMAN: Thank you.

3 MS. COVINGTON: Thank you.

4 Next slide. As you can see, we've

5 experienced an almost 50 percent decrease in cases

6 received. We've reached almost 45 percent of our

7 budgeted resolutions and our ending inventory has

8 decreased.

9 Are there any questions?

10 CHAIR ANDERSON: Why is that? Why has

11 the number of cases been referred?

12 MS. COVINGTON: In September 2012, HUD

13 changed their procedures as far as complaint receipts.

14 Previously, in order for a complaint to be considered

15 filed, the complainant only had to meet the

16 jurisdictional requirements and the complaint was sent

17 to them later for their signature. September the 1st

18 HUD changed that so that they only filed the complaint

19 once the signed complaint is received back. That caused

20 the decrease.

21 HUD is working through their procedures

22 as far as tracking the inquiries and getting them

23 back -- getting the signed complaints back, and in

24 discussions recently, we were told that they've seen a

25 significant increase over the past month or so. And so


42

1 we anticipate that that will impact us.

2 CHAIR ANDERSON: Will flow to you?

3 MS. COVINGTON: Yes. Does that answer

4 your question, Chair?

5 CHAIR ANDERSON: Yeah. It answers mine,

6 but I think there's another one.

7 COMM. DIGGS: I do have a question.

8 Given that the intake has decreased, I would expect the

9 cases resolved to go up given that the investigators

10 weren't having to open new cases, and I see that going

11 down. Is there a reason for that?

12 MS. COVINGTON: Yes. And I'm going to

13 speak to that later on in the presentation.

14 The majority of our cases continue to

15 result in favorable resolutions to the complainant;

16 however, our no-cause findings have increased. This

17 means that these cases go through the complete

18 investigative cycle. Our review of the cases resolved

19 for Fiscal Year 2012 shows cases that are filed based on

20 disability, race, and a combination of disability and

21 race. And where the issues are regular terms and

22 conditions, discriminatory financing, discrimination in

23 the making of loans, failure to permit a reasonable

24 modification, discrimination in terms and conditions of

25 loans, and design and construction tend to be more


43

1 difficult and, therefore, tend to age.

2 Twenty-two of the cases resolved were

3 aged 365 days or more. Of the 22, ten were based on

4 race and 12 were based on disability. A few of these

5 cases were based on both race and disability, and six or

6 more -- six had one or more complex issues. 127 were

7 aged between 101 and 365 days. Of those, 51 were based

8 on race, 64 were based on disability. A few of those

9 were also based on both race and disability, and 11

10 contained one or more complex issues.

11 Based on this information, we are --

12 as -- we plan to use this information as we go into

13 our -- the housing Rapid Process Improvement, which we

14 anticipate will happen some time next month.

15 Are there any questions? Did that answer

16 your question, Commissioner, regarding the age?

17 And I would also like to point out that

18 in the housing cases, they are normally filed against

19 several respondents, and the expectation is that we will

20 receive an answer from each one of those respondents.

21 We will interview each one of those respondents, and so

22 that has a tendency to delay the investigation as well.

23 COMM. DIGGS: But that -- that situation

24 hasn't changed over the past couple of years?

25 MS. COVINGTON: No. No, Commissioner, it


44

1 has not.

2 COMM. DIGGS: Okay.

3 CHAIR ANDERSON: The Farmers case, the

4 Farmers/Ojo case, that would have had a substantial

5 challenge for all the state agencies, but I'm interested

6 in Texas. But that issue has gone away. Right? The

7 Supreme Court has made the decision -- they didn't refer

8 it back the appeals court or anything like that?

9 MS. NORMAN: Well, I think we're waiting

10 for that issue to be concluded, and that's the concern

11 that HUD has that their position is that we should still

12 take legislative action. Our position is that we need

13 to get clarification on -- let the Supreme Court make

14 their decision to see whether or not that case is going

15 to be addressed before taking any action. And it's too

16 late for us to do anything legislatively in this session

17 as well.

18 CHAIR ANDERSON: That was not a Fifth

19 Circuit case was it?

20 MS. NORMAN: No, no.

21 COMM. DIGGS: One more question. In the

22 lien process that you were hoping to take on in a month,

23 do you know what your goals are related to it?

24 MS. COVINGTON: We discussed the goals

25 for housing, and basically, the goal is to resolve our


45

1 cases -- to resolve more and more cases faster and

2 faster. As part of the RPI process, we will also

3 identify some measures to ensure that we are on track to

4 actually do that.

5 MS. NORMAN: Commissioner, there is a

6 plan that we have developed, and we can certainly share

7 it with you, a schematic plan. And we can give you a

8 narrative that we have developed along with our RPI

9 consultant, and we'll share that with you and send it

10 out to you electronically. We hope to begin that

11 process next week.

12 COMM. DIGGS: Thank you.

13 MS. COVINGTON: Next slide. Last year we

14 told you that we applied for and received a HUD grant to

15 help us resolve aged cases, those that are a hundred

16 days old or more. By using existing staff and working

17 overtime, at the end of the grant, we did not meet our

18 goal of reducing the percentage of our aged cases

19 inventory. However, we resolved more than 200 aged

20 cases; and because we had not exhausted the funds

21 requested, we asked HUD to extend the grant for another

22 four months. We were able to demonstrate we

23 successfully resolved the 200 cases, and with some

24 discussion with our HUD partners, they approved our

25 request.


46

1 Are there any questions?

2 CHAIR ANDERSON: This is extra money --

3 and Daryl is not here any longer, but this is extra

4 money that we got from HUD for -- is it specifically for

5 overtime? Is that what it's for?

6 MS. COVINGTON: Yes, Chair, it's

7 reimbursement for the overtime.

8 COMM. DIGGS: How far off from the goal

9 were we?

10 MS. COVINGTON: We were very far off from

11 the goal. We had -- at the time we went into the

12 project, I believe we were somewhere between 45 percent

13 and 50 percent aged cases, and we wanted to reduce that

14 to 35 percent. And the percentage of ages I believe is

15 in the information. We're at 60 percent, and there are

16 several reasons for that. One is that there was a

17 drastic decrease in the number of cases HUD was actually

18 sending to us. The other had to do with staff

19 unavailability even though we were working overtime. At

20 times staff simply were not available for different

21 reasons.

22 And so in discussing these issues with

23 HUD, they accepted that justification; and because we

24 had resolved 200, they decided they would go ahead and

25 approve our request.


47

1 COMM. DIGGS: What will happen

2 differently these next months versus the past ones?

3 MS. COVINGTON: That was also part of the

4 discussion with HUD as far as staff availability and

5 having experienced staff, and of course, we just lost

6 two Fair Housing staff. We discussed that with HUD as

7 well. So we let them know that based on certain

8 conditions, it was unlikely that we would be able to

9 improve the pending inventory as far as the aged cases.

10 MS. NORMAN: And we will have two

11 investigators listed -- positions listed within the next

12 week. So we're hoping that we can find some experienced

13 investigators, although, it does take a while for

14 investigators to reach their peek; but hopefully, we can

15 improve that aged case number. That's one of our

16 objectives.

17 COMM. DIGGS: And this is my last

18 question. Where do I see the 200 cases closed in the

19 report?

20 MS. COVINGTON: The 200 cases closed

21 would not be in this report. It's in a separate report

22 that we are actually sending to HUD. It covers the time

23 period of March the 1st 2012 to February 28, 2013.

24 MS. NORMAN: We can certainly share that.

25 MS. COVINGTON: Yes.


48

1 COMM. DIGGS: That's fine.

2 CHAIR ANDERSON: So that would include

3 the 173, plus whatever occurred from March through

4 September of 2012?

5 MS. COVINGTON: That's correct, Chair.

6 Next slide. In January 2013 I presented

7 to the Fair Housing Counsel of Greater San Antonio at

8 their annual Fair Housing Conference, and I would also

9 like for you to know that because this is Fair Housing

10 Month in Texas, our staff have and they will be

11 participating in Fair Housing activities and Fair

12 Housing training.

13 Are there any questions?

14 CHAIR ANDERSON: We continue sending

15 people to training in Washington, the HUD training in

16 Washington?

17 MS. COVINGTON: Yes, Chair. We have

18 staff -- we've identified staff to attend on week four

19 for this fiscal year. We also currently have two staff

20 attending week two online training at the National Fair

21 Housing Training Academy.

22 CHAIR ANDERSON: Thank you.

23 MS. COVINGTON: Are there any other

24 questions?

25 Thank you.


49

1 MS. NORMAN: Thank you, Vickie.

2 AGENDA ITEM NO. 7

3 MS. NORMAN: The next section refers to

4 the annual report. I believe the annual report was sent

5 out to all commissioners. If there are any other

6 questions, the annual report, as you observed and as

7 chairman asked, did not get produced until early

8 February, late January of 2013. There were EEOC data, I

9 understand, was unavailable until late in January of

10 2013; but we have produced the report. It has been

11 approved, and it is ready for dissemination.

12 CHAIR ANDERSON: Do we actually have to

13 sign that, because we did in the past?

14 MS. SMITH: We have all your signatures

15 electronically. So the signatures will go on the

16 letter.

17 CHAIR ANDERSON: Okay.

18 MS. NORMAN: Any other questions related

19 to the annual report?

20 (No response)

21 AGENDA ITEM NO. 8

22 CHAIR ANDERSON: No. 8: Discussion,

23 Consideration, and Possible Action Regarding Commission

24 on Human Rights Duties, Roles, and Responsibilities

25 Concerning Agenda Development Procedures.


50

1 I don't have anything on that. So I

2 think the discussion there was the -- make sure the

3 agenda -- review the agenda and make sure that it's a

4 good agenda. And I don't know that we've had any

5 discussions about that as a commission.

6 I hate to keep going with the same agenda

7 if it's not work -- if it's working, it's fine, but if

8 it's not working. So I'm going to ask the commissioners

9 to send me any thoughts they have about modifying the

10 agenda and the development of the agenda. And if the --

11 and, Norma, if your team has any suggestions, also

12 provide them. I guess provide them to Becky so Becky

13 can compile them.

14 MS. NORMAN: Very good. Will do.

15 AGENDA ITEM NO. 9

16 CHAIR ANDERSON: Future meetings for the

17 Texas Commission on Human Rights. Go back to the

18 attendance. April 17th is where we are right now.

19 July 17th and October 16th.

20 Does any of the commissioners have any

21 changes to those dates?

22 Okay. We will continue with the same

23 dates.

24 AGENDA ITEM NO. 10

25 CHAIR ANDERSON: We have substantial


51

1 executive committee and end view agenda that we need to

2 take care of. The executive session will proceed next.

3 We'll quickly go through that -- those so that we can

4 begin interviewing.

5 We do have an interview, Susanna, at

6 12:30?

7 MS. CUTRONE: Yes, sir.

8 CHAIR ANDERSON: And we'll go right

9 through the rest of the agenda. I don't know if we'll

10 be -- where is 274? Is that here or is that over at

11 CRD?

12 MS. CUTRONE: It's over on the west side

13 of this lobby level in the building.

14 CHAIR ANDERSON: Okay. But it's not over

15 in the CRD?

16 MS. CUTRONE: No. It's in this building.

17 CHAIR ANDERSON: Okay. Becky, I don't

18 know if we'll be able to get over to your place and back

19 in time to do that. Some of the commissioners who are

20 not going to participate in the interviews, I certainly

21 encourage them to go over and to visit with the staff

22 since they do have something prepared. I think the

23 only -- Becky, what action items do you have from this

24 meeting?

25 MS. SMITH: Put together a plan to be


52

1 provided or implemented on whether to get part time

2 help, and Norma said that she would be getting with

3 Daryl to make a recommendation to y'all on that.

4 CHAIR ANDERSON: That would be part time

5 or contract, either one.

6 MS. SMITH: Okay.

7 CHAIR ANDERSON: Susanna, there's no

8 prohibition on them having contractors. Right? Is

9 there a process they have to go through if they find

10 somebody who is a contractor?

11 MS. CUTRONE: We do have a procurement

12 process through business operations to retain contractor

13 staff. That would be with Cindy Silverman.

14 CHAIR ANDERSON: Which is different from

15 the part time, which you just need a part-time

16 requisition or something for that. Right? It's the

17 same process.

18 MS. CUTRONE: It's different, a different

19 process.

20 CHAIR ANDERSON: And I'm sure you-all

21 probably know what the difference is so...

22 MS. CUTRONE: We can assist you with it.

23 CHAIR ANDERSON: Okay.

24 MS. SMITH: And response to a question

25 presented by the commissioners. Norma will be providing


53

1 feedback on what the policy reviewer and trainer have

2 been doing for the first two quarters of this fiscal

3 year.

4 Ms. Norman will also developing -- or the

5 staff has been developing a schematic plan and narrative

6 and she will -- in regards to the RPI and she will be

7 providing that to the commissioners electronically.

8 Ms. Covington will provide a response as

9 to the 200 closure -- a report on the 200 closures that

10 were closed, the aged cases.

11 And Commissioner Anderson has requested

12 the commissioners and CRD staff to provide input

13 concerning the agenda and to provide that input to Becky

14 to complete a plan.

15 CHAIR ANDERSON: Yeah. Let's have a date

16 of April 31st. I don't even know if that's a -- is that

17 a workday or not? Well, it's 14 days from today. It

18 would be hopefully a workday. Right? I don't know when

19 Memorial Day is. It's on a Monday, so that should be a

20 regular workday.

21 Action items from January 16, 2013, and I

22 don't think the commissioners have this, so I'll read it

23 into the record.

24 Commissioner Anderson -- Chairman

25 Anderson requested the first three items from the


54

1 October 17th, 2012 action item list be responded to at

2 the April 17, 2013 commission meeting.

3 So any of the commissioner who find this

4 is -- what I'm reading is not accurate or not what you

5 asked for then -- or what you think we need, then just

6 let us know. I requested that the budget presentation

7 should include actual revenue compared to actual

8 expenditures and what the differences are. Was that

9 sufficient today from what -- okay.

10 Requested further that the budget

11 activity show expenditures for the categories of

12 housing, employment, training, and monitoring. I think

13 they did that too.

14 Requested the final budget report be

15 prepared showing the carryover of EEOC and HUD monies,

16 and you should have a copy of that. It was handed out

17 at this meeting. And that was part of the action items

18 is what we're going to do with that money, the part-time

19 and contract employees could be part of it.

20 Mr. Covington advised that she would look

21 at the housing cases and trends by the age of the cases,

22 provide a report at the next commission meeting. Is

23 that sufficient or do you want something in writing --

24 What, Ms. Covington? Well, we asked for

25 more clarification, didn't we? So we expect that at the


55

1 June meeting. If you can provide it prior to the June

2 meeting, that would be great so we can have a chance to

3 review. Getting things at the meeting is not --

4 normally doesn't give us time to review it very

5 carefully.

6 Mr. Babiak advised that he would research

7 the process of receiving cases from the EEOC. The

8 answer is, CRD has received several cases that were away

9 from the EEOC since the last meeting. I'm not sure

10 exactly what that means.

11 Ms. Norman, can you explain that?

12 MS. NORMAN: I was not clear either. I

13 do know that we have received several more cases.

14 Was that correct, Janet?

15 MS. QUESNEL: We've received, I guess,

16 about eight or nine cases from EEOC, they waved to us;

17 and we're doing the investigative process ourselves now.

18 CHAIR ANDERSON: Okay. I think it had to

19 do with whether we were receiving sufficient cases from

20 the EEOC, and obviously, we are because we're not

21 processing them. But let's carry this over and have a

22 little bit more discussion and information next meeting.

23 Commissioner Diggs requested that the

24 completed annual report be provided to commissioners

25 prior distribution to review and acknowledge. It was


56

1 provided to each commissioner on March 20, 2013.

2 Everybody is satisfied with that? I think everybody

3 acknowledged it.

4 Mr. Babiak advised he had worked with the

5 budget staff to see if they can make CRD a priority when

6 the commission meetings get close so that we can provide

7 the most recent, current accurate information to the

8 commission. I think that's an ongoing, so we need to

9 carry that over because we're still getting information

10 that is -- I understand that you're somewhat subject to

11 the availability of the TWC financial people, but

12 getting the information to them and then allowing them

13 to process it is extremely important. If we're getting

14 the information a month or two late after it's already

15 occurred, there's not a lot of guidance or oversight we

16 can provide, and it's not usually timely anyway. But

17 certainly if it's -- I mean, right now we're talking

18 about February's results and here we are in the middle

19 of April. So it's not really providing us the

20 information.

21 I think that we would like to have it.

22 And I'm looking to the commissioners, regardless of

23 whether we have a meeting, and get it to us as soon as

24 possible irrespective of when the meeting is coming up.

25 Maybe on a monthly basis, I don't know. Commissioners?


57

1 COMM. GLOVER: I think it would be great.

2 I think it would be very helpful.

3 MS. NORMAN: We can do that.

4 CHAIR ANDERSON: Obviously, it would be

5 electronic. We can't take any action, but at least

6 we'll have the information.

7 MS. NORMAN: I'll work with Daryl so we

8 can set that up for you.

9 CHAIR ANDERSON: And Susanna and Corra

10 are both back there.

11 We can do emails, discuss the numbers off

12 slide -- we're talking about getting the financials and

13 then being able to discuss it either by telephone or by

14 electronically concerning issues that may come up as a

15 result of some of those financial information we get,

16 whether it's case closures, whether it's financial

17 results, et cetera. As long as we don't take action.

18 MS. CUTRONE: You can disseminate

19 information, but you-all cannot engage in an online

20 exchange that would be between a quorum of your panel.

21 CHAIR ANDERSON: Well, it'd be --

22 MS. CUTRONE: Under the Open Meetings

23 Act.

24 CHAIR ANDERSON: -- it would be all of

25 us. I mean, if we got the information from TWC-CRD, is


58

1 there any way that we can discuss among ourselves,

2 either electronically or on the phone, that information

3 if we don't take any action?

4 MS. CUTRONE: Not a quorum.

5 CHAIR ANDERSON: Okay.

6 MS. CUTRONE: But if the individual

7 commissioners would like to give their individual

8 feedback to you or to Norma, then that information could

9 be compiled and considered by the commission as whole at

10 a later date if action is to be taken.

11 CHAIR ANDERSON: If Commissioner Diggs

12 had an issue with some of the numbers, is there a way to

13 say, 'Commissioners, I have a concern or a question

14 about the results of these numbers?' That's not

15 permitted.

16 MS. CUTRONE: I think she could make

17 you-all aware that she has a concern and that she's

18 directing staff to look into whether or not that

19 information is correct, but for you to reply to her and

20 start a conversation online amongst -- reply to all,

21 that would be pushing the limits of the Open Meetings

22 Act.

23 COMM. GLOVER: I have a question. I

24 don't know if I have this thing on. There we go.

25 I have a question. Why couldn't we form


59

1 a committee amongst us to take a look at that, and then

2 can't that committee then refer information to us?

3 MS. CUTRONE: Yes.

4 COMM. GLOVER: So wouldn't that maybe be

5 a solution?

6 COMM. STIDVENT: I think the issue is not

7 with referral information. It's with the discussion.

8 So if we formed a committee, I'm assuming they could

9 discuss it among themselves, but we couldn't as a

10 commission --

11 COMM. GLOVER: I get that.

12 COMM. STIDVENT: -- share that

13 information. We couldn't then reply and discuss it

14 outside of these meetings.

15 CHAIR ANDERSON: But that would be --

16 that's something we would have to discuss in open

17 session I assume, a subcommittee if we want to go that

18 route?

19 MS. CUTRONE: The results of the

20 subcommittee's recommendations and further discussion

21 would need to be discussed in open session, but yes, you

22 may appoint a subcommittee and they can meet and work

23 with staff on the topic of your choosing.

24 CHAIR ANDERSON: That could actually be a

25 part of that discussion that I brought up about the


60

1 agenda. So why don't we -- if you think that's a way to

2 go, make that one of the items we talked -- that you

3 send to Becky, and then we can discuss it. Because I

4 don't -- I think the sense of the commissioners are we

5 don't want these financials to get away from us.

6 COMM. GLOVER: No. And that's exactly

7 why I suggested looking at the possibility of doing

8 something along that line.

9 CHAIR ANDERSON: It may already be there

10 now. I mean, we're halfway through the year, and

11 financials are not looking very promising for the

12 remainder of the year unless we -- unless the Agency

13 turns it around very quickly. We're into April. We're

14 into the eighth month. So I think all the commissioners

15 are concerned that we're back in the same box we were a

16 couple years ago.

17 MS. CUTRONE: And I would recommend

18 getting volunteers or appointing two or three

19 commissioners to work on and oversee budget items in

20 that event.

21 CHAIR ANDERSON: Well, we had a

22 subcommittee a couple years ago, which was Commissioner

23 Diggs and Stidvent who were meeting on a regular basis,

24 a monthly basis, I think, with the director and going

25 over the financials.


61

1 Ms. Glover, you're more than welcome --

2 that would not be a quorum, so you're more than welcome

3 to join those two if you want to.

4 COMM. GLOVER: I greatly appreciate that.

5 However, I would have to decline on the basis that I am

6 a full-time student, and I also serve on State Supreme

7 Court board and on two subcommittees.

8 CHAIR ANDERSON: Okay. Well, does it --

9 obviously, I think in the past the two commissioners or

10 Jonathan reported back on how things were going. If

11 you-all are interested in doing it again.

12 COMM. STIDVENT: Yeah. We could do that.

13 CHAIR ANDERSON: Norma, if you could

14 coordinate that with the two commissioners.

15 MS. NORMAN: Yes. And the two

16 commissioners were?

17 CHAIR ANDERSON: Diggs and Stidvent.

18 MS. NORMAN: Yes. Very good. We'll do

19 that. Next week send an email out, and we'll find a

20 time to do it.

21 CHAIR ANDERSON: Is there any more

22 business before we go into executive session and we

23 start talking with lawyers? That's always fun.

24 The following items may be discussed in

25 open executive session and then action taken in open


62

1 meeting. Government Code §551.074 and that's the

2 appointment, employment, evaluation, reassignment,

3 duties, discipline, dismissals, accomplishments,

4 performance, goals, and responsibilities of the Texas

5 Workforce Commission Civil Rights Division, Director,

6 and other personnel.

7 Item B, Government Code §551.071(1)

8 contemplated litigation or pending litigation -- and

9 without reading all the cases, they are posted.

10 And Government Code §551.071(2) all

11 matters identified in this agenda where the

12 commissioners seek the advice of their attorney as

13 privileged communications under the Texas Disciplinary

14 Rules of Professional Conduct of the State Bar of Texas

15 and discuss Open Meetings Act and Administrative

16 Procedures Act.

17 Is there any other item -- since it's not

18 posted, if there's any other item, we couldn't discuss

19 it anyway. Correct?

20 MS. CUTRONE: Well, I think you're items

21 that are -- that you just read are pretty broad.

22 CHAIR ANDERSON: Okay. Those

23 commissioners -- well, we're all going to be in

24 executive session, and the time is now 10:40. We're

25 adjourned to executive session.


63

1 (Executive Session: 10:40 a.m. to 12:05 p.m.)

2 CHAIR ANDERSON: Okay. We're back on the

3 record at 12:05. We've adjourned the executive session.

4 Commissioner Glover, do you have a motion

5 to make?

6 COMM. GLOVER: Yes, Chair, I do.

7 I move that the recommendation for

8 selection of the CRD director position currently posted

9 by the TWC be delegated to the panel of commissioners

10 participating in the panel. The panel is composed of

11 Chairman Anderson and Commissioners Diggs and Michalka.

12 If I mispronounced that I apologize?

13 CHAIR ANDERSON: Do I have a motion -- do

14 I have a motion to have a second?

15 COMM. STIDVENT: Second.

16 CHAIR ANDERSON: Commissioner Stidvent

17 seconded. And all in favor say aye.

18 (All those in favor of the motion so

19 responded)

20 CHAIR ANDERSON: Any opposed?

21 (No response)

22 AGENDA ITEM NO. 11

23 CHAIR ANDERSON: Motion passes. Is there

24 any other agenda items for this particular CRD meeting?

25 Seeing none, without objection this


64

1 meeting is adjourned at 12:05 p.m. Thank you-all very

2 much.

3 (Proceedings concluded at 12:05 p.m.)

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1 C E R T I F I C A T E

2 STATE OF TEXAS )

3 COUNTY OF TRAVIS )

4 I, Autumn J. Smith, a Certified Shorthand

5 Reporter in and for the State of Texas, do hereby

6 certify that the above-mentioned matter occurred as

7 hereinbefore set out.

8 I FURTHER CERTIFY THAT the proceedings of

9 such were reported by me or under my supervision, later

10 reduced to typewritten form under my supervision and

11 control and that the foregoing pages are a full, true

12 and correct transcription of the original notes.

13 IN WITNESS WHEREOF, I have hereunto set

14 my hand and seal this 24th day of April, 2013.

15

16

17

________________________________

18 Autumn J. Smith

Certified Shorthand Reporter

19 CSR No. 8871 - Expires 12/31/13

20 Firm Registration No. 276

Kennedy Reporting Service, Inc.

21 1016 La Posada Drive, Suite 294

Austin, TX 78752

22 512.474.2233

23

24 Job No. 108494

25

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