Dear TWC Executive Staff
Attn: John Moore
I have read the response that you have provided and it is appreciated, your timely response; thank you. It appears you have read the 13th Court of Appeals Opinion however this opinion is ignoring current administrative law as per TPU 105. Either the law is wrong or Mary Cano and the Texas Workforce advised us in an unbonafied manor. The 13th Court of Appeals is in no position to deem the tesatimony of a key material witness uneffectual. The essence of Mary Cano is not Mary Cano testifying in open court as a material witness. I am requesting a full investigation and deposition of Mary Cano. The appearance of Mary Cano, well just let me say, if the prosecution would have wanted her there she would have been there, if the state would have wanted her there she would have been there, if the TWC would have wanted her there it would have been there. Thank you for your attention to this matter. I am sorry we could not reach any other resolution than the bureaucratic one. I will continue with this appeal for justice.
On 6/25/07, Moore, John <john.moore@twc.state.tx.us> wrote:
Mr. and Mrs. Haley,
I have reviewed the information that you provided, as well as the relevant Court of Appeals opinion on the criminal case against LeeAnn Haley that is on appeal to the Court of Criminal Appeals from the 13th Court of Appeals. As the Court of Appeals opinion clearly noted, the substance of what the appellant (LeeAnn Haley) argues is that it was error that Ms. Cano (a TWC employee at the time of the offense in question) was not called to testify in the trial. However, the Court of Appeals opinion indicates that what would have testified to at trial if LeeAnn Haley's attorney had called Ms. Cano was received into testimony at trial through LeeAnn Haley's husband (Anton Haley). Therefore, the substantive issue about TWC's policy in regards to substitute teaching not counting as employment was before the jury and the jury still decided against Ms. Haley and convicted her. The Court of Appeals examined the entire trial record and affirmed the trial court conviction.
You have requested that TWC take the following actions in response to your requests:
It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.
TWC does not have the statutory authority or legal standing to request appointment of counsel nor to ask the Court of Criminal Appeals to abate all proceedings until Counsel has been provided. This is only within the jurisdiction of the Court.
It is requested this entity initiate communications with the Texas Judiciary and inform the court of the peculiar circumstances regarding Mary Cano and her incompellability.
TWC does not have the statutory authority or legal standing to communications with the Court of Criminal Appeals. TWC will respond to the Court of Criminal Appeals if that Court requests a response.
It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.
TWC does not have the statutory authority or legal standing support your request for appointment of counsel nor to ask the Court of Criminal Appeal to abate all proceedings until Counsel has been provided. This is only within the jurisdiction of the Court.
It is requested a full investigation be conducted into The Texas Workforce operations under Oscar Martinez with in depth depositions of Mary Cano, Chandra Lewis, Cecelio Trevino and others involved in the Malicious Prosecution, Manipulation of JOB Opportunities, official oppression and abuse of power / position surrounding this case.
I will forward this request to LaSha Lenzy, who is the Director of the Unemployment Insurance Division. Ms. Lenzy is the person who would review your request to determine if action should be taken.
It is requested a friend of the court letter be addressed to the Texas Judiciary regarding the controlling administrative law under the WIA umbrella, specifically the TWC, the now defunct TDHS, the TWIST system and the APPEALS POLICY AND PRECEDENT MANUAL TOTAL AND PARTIAL UNEMPLOYMENT that governs employment status. For this agency to acknowledge the intricacies and the inconsistencies due to power struggles between the TWC & TDHS despite the controlling WIA legislation. Both the TWC & the TDHS are governed by the same employment guidelines and definitions. The TWC & the TDHS are governed by the Appeals and Precedent Manual and the determination of unemployment status per TPU (Total Partial Unemployment). It is requested these issues be addressed in particular to the disposition of the employment status of Anton S Haley and Substitute Teaching as exclaimed by Mary Cano.
A s the Court of Appeals opinion clearly noted, the substance of what the appellant (LeeAnn Haley) argues is that it was error that Ms. Cano (a TWC employee at the time of the offense in question) was not called to testify in the trial. However, the Court of Appeals opinion indicates that what would have testified to at trial if LeeAnn Haley's attorney had called Ms. Cano was received into testimony at trial through LeeAnn Haley's husband (Anton Haley). Therefore, the substantive issue about TWC's policy in regards to substitute teaching not counting as employment was before the jury and the jury still decided against Ms. Haley and convicted her. The Court of Appeals examined the entire trial record and affirmed the trial court conviction.
It is requested all original documents be made available for inspection and comparison to the document entered per 909.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
It is requested a whole, true, and complete record be provided for inspection.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
It is requested the TWIST records of LeeAnn Haley and family be produced for inspection.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
It is requested this agency recommend any and all remedies this Petitioner is unaware of.
It is not within the statutory authority of TWC to recommend any and all remedies that you are not aware of.
If this agency cannot produce or agree to remedies as set forth above, we ask it be forwarded to the Governor and Attorney General accompanied with recommendation of pardon and expungement through the Executive Powers and broad discretion within his stroke.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
It is requested an explanation of the Modification of JOB opportunities per HVALINKA v. Schubert and it affinity with Kleberg County Employment.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
It is requested this documentation be forwarded to the Governor of Texas and U S Senators Cornyn and Hutchinson as well as U S House of Representative Solomon P Ortiz.
I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.
Your requests that fall under the Public Information Act will be responded to by Ms. Chastain. She may be contacting you for clarification of your requests if necessary.
John Moore
Director, Regulatory Enforcement Division
Texas Workforce Commission
101 E. 15th St. , Room 556
Austin , Texas 78701
(512) 463-3041
Fax: (512) 463-7804
Email: john.moore@twc.state.tx.us
CONFIDENTIALITY NOTICE: This communication, including any attachments thereto, is intended only for the use of the individual or entity to which it is addressed and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of the communication, you are hereby notified that you have received the communication in error and that any review, dissemination, distribution or copying of the communication and attachments thereto is strictly prohibited.
From: Jaime Kenedeno [mailto:kingalonzoalvarezdepinedaxiii
Sent: Tuesday, June 19, 2007 9:50 AM
To: Temple, Larry; Crump, Gene; Lenzy, LaSha; Jones, Larry; Lewis, Jesse A; Benton, Joann; Meador, Dee; Ridge, Douglas B; Carr, Fran; Gomez, Robert; Moore, John; Ballard, Don
Cc: aaron.pena@house.state.tx.us; Abel.Herrero@house.state.tx.us; Anne.Webb@house.state.tx.us; cathy.wilborn@courts.state.tx
Subject: Re: The Texas Workforce Commission (TWC) told her definitions...
Attn: John Moore
Dear Texas Workforce Commission Executive Staff,
First, we thank you for your attention to this matter.
In reference to the written communication (email) and pursuant to our conversation yesterday afternoon my social Security number is (xxx-13-xxxx). It is requested that TWC intervene on behalf of the integrity and responsibility of agencies under the umbrella of the WIA.
It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.
It is requested this entity initiate communications with the Texas Judiciary and inform the court of the peculiar circumstances regarding Mary Cano and her incompellability.
It is requested a full investigation be conducted into The Texas Workforce operations under Oscar Martinez with in depth depositions of Mary Cano, Chandra Lewis, Cecelio Trevino and others involved in the Malicious Prosecution, Manipulation of JOB Opportunities, official oppression and abuse of power / position surrounding this case.
It is requested a friend of the court letter be addressed to the Texas Judiciary regarding the controlling administrative law under the WIA umbrella, specifically the TWC, the now defunct TDHS, the TWIST system and the APPEALS POLICY AND PRECEDENT MANUAL TOTAL AND PARTIAL UNEMPLOYMENT that governs employment status. For this agency to acknowledge the intricacies and the inconsistencies due to power struggles between the TWC & TDHS despite the controlling WIA legislation. Both the TWC & the TDHS are governed by the same employment guidelines and definitions. The TWC & the TDHS are governed by the Appeals and Precedent Manual and the determination of unemployment status per TPU (Total Partial Unemployment ). It is requested these issues be addressed in particular to the disposition of the employment status of Anton S Haley and Substitute Teaching as exclaimed by Mary Cano.
http://www.twc.state.tx.us/ui
Mary Cano: "The Texas Workforce does not consider substitute teaching as employment".
TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.
Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute
teacher has been asked to continue in the same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.
http://www.twc.state.tx.us/ui
It is requested all original documents be made available for inspection and comparison to the document entered per 909.
It is requested a whole, true, and complete record be provided for inspection.
It is requested the TWIST records of LeeAnn Haley and family be produced for inspection.
It is requested this agency recommend any and all remedies this Petitioner is unaware of.
We seek not acquittal but the opportunity to fairly prove our entry was TRUE.
We seek a new trial and sanctions to be placed on ones who are proven to be perjurers and false accusers through the process.
If this agency cannot produce or agree to remedies as set forth above, dialogue is the key to remediating this injustice.
If this agency cannot produce or agree to remedies as set forth above, we ask it be forwarded to the Governor and Attorney General accompanied with recommendation of pardon and expungement through the Executive Powers and broad discretion within his stroke.
It is requested an explanation of the Modification of JOB opportunities per HVALINKA v. Schubert and it affinity with Kleberg County Employment.
It is requested this documentation be forwarded to the Governor of Texas and U S Senators Cornyn and Hutchinson as well as U S House of Representative Solomon P Ortiz.
CONCLUSION AND PRAYER
For the reasons set forth in above, Appellant respectfully requests that this Honorable Agency petition the Judiciary to reverse the Judgment of the trial court and remand the case for a new trial. Alternatively, Appellant would respectfully request that this cause be abated and remanded to the trial court to allow Apellee to file a reply brief and include statements made that remain excluded from the record due to the States confession of error. Appellant additionally prays for such other and further relief to which she may justly be entitled at law or in equity.
Respectfully submitted,
By:___________________________
LeeAnn Haley
(Defendant/Appellant)
On 6/18/07, Jaime Kenedeno < kingalonzoalvarezdepinedaxiii
---------- Forwarded message ----------
From: The Advocate <kingalonzoalvarezdepinedaXIII
Date: Jun 18, 2007 2:20 PM
Subject: [republic of texas] The Texas Workforce Commission (TWC) told her definitions...
To: kingalonzoalvarezdepinedaxiii
[http://comityoferrors.blogspot
Dear Workforce Executives,
The Texas DHS charged wife with Tampering with a government document with intent to defraud & harm. A state jail felony 2 years in prison. I will tell you the details slowly. First, my family was on welfare. I took care of the kids while my wife earned her degree at A&I. Mary Cano the TWC Executive vice president worked directly with us. Then My wife graduated and started looking for a job. She used the TWC fax to send resumes and such. She interviewed for a job at EZ Pawn for the regional auditor. She was awarded the job and then they said they could not hire her because something came out of Austin that said they could not hire her. Austin is the EZ Pawn headquarters as well as the TWC. So I started Substitute teaching. Mary Cano sent me a outreach letter requiring me to attend an orientation. We called MRs Cano and told her that I was already working as a Substitute teacher. Mrs Cano insisted that I attend the orientation or she would be forced to penalize my family. She said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment." I argued with her to no avail. Then I clarified. I asked her if I was going to be penalized for being unemployed cuz substitute teaching is not considered employment then I should not need to count that income as income from employment, I reasoned that they could not penalize my family for being unemployed; while at the same time counting the income as money from employment. I worked one day in the first pay period. The net was $45. The taxes, social Security and Medicaid were deducted and I received ~$37. My wife made an entry in the application stating I had received "no money from work". This is what they prosecuted her for. We were becoming self sufficient as in the following months I began to work as did she. Then one day at lunch they came to my house and took her to jail. It is appreciated, your attention in this matter. We pray for relief in the interest of justice.
Awaiting your response I remain
Anton S Haley
Q. Did you tell the
people at the Workforce that you were substitute teaching?
A. Yes, sir.
I told Mary Cano. I called her by phone and I communicated to her that
I didn't need to go to this workshop because I was substitute
teaching.
Q. Did the Texas Workforce know you were substitute
teaching?
A. Yes.
Q. Did they still insist on you coming to their
workshops?
Mary Cano: "The Texas Workforce does not consider substitute teaching as employment".
TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.
Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute
teacher has been asked to continue in the same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.
http://www.twc.state.tx.us/ui/appl/tpu.pdf
Appellant's husband testified as follows:
Q. Did you tell the people at the Workforce that you were substitute teaching?
A. Yes, sir.
Q. What was their rationale for insisting that
you come to the workshops?
A. She told me, Mary Cano told me she did not consider substitute teaching employment, that the Texas Workforce does not consider substitute teaching as employment.
Q. Is that because of the uncertainty of whether or not you are going to work?
A. She said, "you never know. They might not never call you again.
"During appellant's direct examination, the following exchange occurred:
Q. Can you explain to the jury why [you filled out the form indicating your
husband was not employed]?
A. Well, afer my husband had gotten a job, after the 13th we received a letter to go to the Texas Workforce meeting. Well, I called Mary Cano and I told her, I said, "My husband doesn't need to go to the meeting because he's substitute teaching," and well, first she says, she says -- I said, "my husband is working." She goes, "Well, what is he doing?" I said, "He's substitute teaching," and she goes, "[Appellant], the Texas Workforce does not consider substitute teaching as employment," ...
(4)In light of the foregoing testimony, we hold there is no s
howing that the result of appellant's trial would have been different
but for trial counsel's failure to secure the testimony of Mary Cano.
NO. 13-02-00033-CR
LEEANN HALEY § IN THE 13TH COURT
§
VS. § OF APPEALS
§
§ NUECES COUNTY, TEXAS
THE STATE OF TEXAS
Dear Distinguished Justices,
Now comes Anton S Haley (husband of Appellant LeeAnn Haley) and respectfully request this injustice be dealt with expediently. Red tape, legal jargon and legally correct format have no place standing between my wife and justice. My wife was denied the primary caseworker who advised her throughout the time in Kleberg County while we worked with the Texas Workforce / Department of Human Services. Mary Cano is the only caseworker who was a constant. Mary Cano is the one who advised us, The Texas Workforce does not recognize substitute teaching as employment. This statement is why we checked the entries that we made. The transcript contains my statements to this affect. There is also a submitted affidavit in the record. Mary Cano must be compelled to testify. Furthermore, the rules regarding this technical issue have been rewritten. It has also been requested for a ruling .as to whether or not the $45 would have made a difference to the calculations, as this is a defense to the prosecution. This material has been submitted previously as well.
Judge Banales never suspended sentence in open court until after the Motion to Dismiss from Community Supervision per 42.12.21 (b).was submitted on April 23, 2004. I humbly ask for justice with respect to this motion as well. This motion is contained in the record as well. I pray for relief in the interest of justice.
Finally, I believe the recent ruling was in haste and in retaliation to my involvement in the Politics of South Texas and the 13 th COA specifically the Rose Vela v Federico Hinojosa election. I am a writer / journalist under the pseudo-name Jaime Kenedeno. Need I say anything else in my wife's advocacy?
Respectfully submitted,
Anton S Haley
4910 Lavaca
Corpus Christi, Texas 78411
361/851-2851
By:___________________________
Anton S Haley
(Husband / Advocate of Defendant/Appellant)
Other Names involved:
>>Cecilio Trevino
>>Mary Cano
>>Chandra Lewis Carrington
>>Marilyn Lewis Ruff
>>Karen Salazar
>>Noel Pena
>>Rick Martinez
>>Yolanda Carmona
>>Dayner Roberts
>>Christian Pineda
>>John Kearney
>>Sam Fugate
>>Alfred Isassi
>>Eric Flores
>>Joseph Collina
>>Linda Rhodes Schauer
>>Ernesto Soliz
>>Texas Workforce Commission (Kleberg County)
>>DHS (Kleberg County)
Executive Director
Larry Temple
Phone: (512) 463-0735
E-mail: larry.temple@twc.state.tx.us
Mr. Larry Temple is the executive director of the Texas Workforce Commission charged with day-to-day operations of the agency including implementation of policies set by the commission.
Deputy Executive Director
Gene Crump
Phone: (512) 936-3609
E-mail: gene.crump@twc.state.tx.us
In addition to responsibilities as the deputy executive director, Mr. Crump also directs the departments providing core internal services that include:
- Finance
- Human Resources Management
- Business Operations
Unemployment Insurance Division
LaSha Lenzy, Division Director
Phone: (512) 463-7234
E-mail: lasha.lenzy@twc.state.tx.us
The unemployment insurance program, funded through employer taxes, provides temporary partial income replacement to workers who have lost their jobs through no fault of their own. The Unemployment Insurance and Regulation Division (UI) oversees:
- payment of unemployment benefits to qualified claimants,
- collection of unemployment taxes from employers, and
- administration of the Texas Payday Law and the Texas Child Labor Law.
Workforce Development Division
Larry Jones, Division Director
Phone: (512) 936-0697
E-mail: larry.jones@twc.state.tx.us
The Workforce Development Division provides oversight, coordination, guidance, planning, technical assistance and implementation of employment and training activities with a focus on meeting the needs of employers throughout the state of Texas. In addition the division:
- supports work conducted in local workforce development areas,
- provides assistance to boards in the achievement of performance goals,
- evaluates education and training providers, and
- promotes and develops partnerships with other agencies and institutions.
External Relations Division
Jesse Lewis, Division Director
Phone: (512) 936-2346
E-mail: jesse.lewis@twc.state.tx.us
The External Relations Division is responsible for planning and implementing a coordinated outreach and education effort to customers and stakeholders. This includes:
- managing external and internal communications for the agency
- coordination of labor market and career information and
- implementing a marketing strategy that unifies the workforce system under an umbrella brand.
Program Integrity Division
Joann Benton, Acting Division Director
Phone: (512) 936-3051
E-mail: joann.benton@twc.state.tx.us
The Program Integrity Division oversees all agency services, including:
- statistical sampling
- performance analysis & reporting
- fraud detection
- subrecipient monitoring
Information Technology Division
Dee Meador, Division Director
Phone: (512) 936-3191
E-mail: dee.meador@twc.state.tx.us
The Information Technology Division is responsible for agency's technology infrastructure, including:
- project management
- information technology operations
- applications development and maintenance
- data processing
- distributed systems
Employer Initiatives
Doug Ridge, Director
Phone: (512) 463-1986
E-mail: douglas.ridge@twc.state.tx.us
The primary responsibility of Employer Initiatives is to provide the leadership and direction within the Texas workforce system to engage employers, business organizations and the economic development community in the ongoing development of a customer-focused, market-driven workforce system.
Office of Internal Audit
Fran Carr, Director
Phone: (512) 936-6125
E-mail: fran.carr@twc.state.tx.us
Internal Audit is an independent, objective assurance and consulting activity designed to add value and improve operations. The role of Internal Audit is:
- to help the agency achieve its objectives and
- to improve the effectiveness of risk management, control and governance processes.
Civil Rights Division
Robert Gomez, Division Director
Phone: (512) 437-3451
E-mail: robert.gomez@twc.state.tx.us
The Civil Rights Division (CRD) enforces the Texas Commission on Human Rights Act (Texas Labor Code, Chapter 21) and the Texas Fair Housing Act (Texas Property Code, Chapter 301). The Texas Commission on Human Rights Act prohibits employment discrimination based on race, color, religion, sex, age, national origin, disability and retaliation. The Texas Fair Housing Act prohibits housing discrimination based race, color, religion, sex, national origin, mental or physical disability, familial status and retaliation. The CRD conducts the following activities:
- Review of personnel policies and procedural systems of state agencies and institutions of higher education
- Review of initial firefighter testing
- Reporting of equal employment opportunity statistics
- Equal employment opportunity training of state agencies, institutions of higher education, and other public and private employers
- Enforcement of fair employment laws
- Enforcement of fair housing laws
Regulatory Enforcement Division
John Moore, Division Director
Phone: (512) 463-3041
E-mail: john.moore@twc.state.tx.us
The Regulatory Enforcement Division enforces all regulatory statutes within the jurisdiction of the agency, including UI, career schools, board sanctions, wage claims and child labor. A priority of the division is the prevention, detection and elimination of fraud and abuse in the UI program.
Additionally, all collection matters for the agency involving overpayments and delinquent taxes owed to the Unemployment Compensation Trust Fund, collection matters for the agency involving wage claims, and the collection of disallowed costs arising from contract monitoring are included in the Regulatory Enforcement Division.
The Regulatory Enforcement Division also works with the Office of Attorney General in all judicial reviews arising from enforcement actions, including UI and wage claim appeals.
General Counsel
Don Ballard
Phone: (512) 463-7902
E-mail: don.ballard@twc.state.tx.us
The General Counsel is responsible for providing legal advice and support to the agency.
Responsibilities encompassed include:
- coordinating litigation,
- reviewing contracts,
- responding to civil rights charges and
- advising on open government issues
--
Posted By The Advocate to republic of texas at 6/18/2007 11:11:00 AM
--
Kenedeno & Associates
