Monday, June 18, 2007

The Texas Workforce Commission (TWC) told her definitions inconsistent with DHS interpretation


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 13th 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)

TWC Executive Staff

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

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