MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, April 18, 2005
2:00 p.m.
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Nominations
was held on Monday, April 18, 2005, in the Capitol Extension,
Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jon Lindsay Senator Eddie Lucio, Jr.
Senator Bob Deuell
Senator Gonzalo Barrientos
Senator Kevin Eltife
Senator Mike Jackson
Senator Jane Nelson
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The chair called the meeting to order at 3:38 p.m. There being
a quorum present, the following business was transacted:
Senator Nelson moved adoption of the minutes from the previous
hearings held on April 11, 2005, and April 12, 2005; without
objection, it was so ordered.
Chairman Lindsay explained the process of introductions, then
recognized Senator Kel Seliger to introduce his constituents,
Charles Aycock, nominee to the Board of Pardons and Paroles, and
Ed Culver, nominee to the Texas Juvenile Probation Commission.
Chairman Lindsay recognized Senator Barrientos to introduce
Brian Glenn Flood, nominee to the Office of Inspector General
for Health and Human Services. Barrientos said that Flood has a
background unusually suited for this job and recommended
approval of his nomination.
Chairman Lindsay asked Flood exactly what he does as Inspector
General. Flood replied that he looks for waste and abuse within
the agency. Senator Jackson was recognized by the chair. Jackson
mentioned a bill by Senator Todd Staples in Government
Organization which would create nine more Inspector General
positions, and asked Flood to provide Chairman Lindsay with
performance figures so far.
Chairman Lindsay recognized Senator Barrientos who asked Flood
if he ever performed investigations for Child Protective
Services (CPS), the answer was no,that CPS is not within the
scope of his office. Flood did say that investigations of fraud
within the Medicare system were within his jurisdiction and
gave monetary amounts involved in these investigations. Senator
Barrientos announced he was looking for a balance, and that if
administrators running the agency tell him that recipients are
at fault, Barrientos wants proof. He also wants proof if he
hears that providers are at fault, warning that, when all the
fa ade and rhetoric are gone away, he suspects that the big
guys are the culprits.
Chairman Lindsay asked for a motion, Barrientos so moved. At
3:50 p.m., the committee voted by 6 ayes, 0 nays, and 1 absent
to recommend Brian Flood to the full Senate for confirmation.
Chairman Lindsay recognized Jackson to introduce Bobby Lopez,
nominee to the Texas Juvenile Probation Commission and Linda
Garcia, who is being reappointed to the Board of Pardons and
Paroles. Jackson spoke favorably on the nomination of both
constituents before he was excused from the committee.
Chairman Deuell was recognized by the chair to introduce his
constituent Judge Cheryl Shannon who was nominated to the Texas
Juvenile Probation Commission. Chairman Lindsay asked Judge
Shannon to refresh his memory on the number of members of the
commission and their scope of responsibilities. Judge Shannon
said there were nine on the commission with three other member's
terms up this year. Lindsay asked if only a juvenile judge could
serve or could any district judge, Judge Shannon relied that any
district judge qualified for consideration.
Chairman Lindsay recognized Barrientos who asked the panel
several questions-Judge Shannon told the committee that their
budget was $131 million/year or $262 million/ biennium, Lopez
said their number of employees on staff is 62, Culver described
their mandate as being to set and review policy, rules and
regulations. Culver identified the main problem causing the
rising epidemic of juvenile offenses as the lack of
accountability at the county level and that to solve this
problem it will take a lot of work, not only at the legislative
level, but also at the juvenile probation district and local
school district levels.
Barrientos quizzed the panel on the current ethnic breakdown.
Judge Shannon answered that the referral breakdown is 24%
African-American, 45% Hispanic and 30% Anglo, with 28% female
and 72% male. Lopez noted a drop of 5% since 1995-2003.
Chairman Lindsay recognized Senator Todd Staples who introduced
Jackie deNoyelles, nominated to the Board of Pardons and
Paroles.
Barrientos commended the Juvenile probation panel then asked for
their opinions on whether or not juvenile offenses were on the
increase and why. Judge Shannon addressed this question by
saying that although every generation is different, she
personally attributes it to a complete failure in parenting.
Parents are not minding the store and not paying attention. This
is a phenomenom that is across the board culturally and
socioeconomically. Lopez echoed Judge
Shannon saying that detachments have taken place and that it is
important to re-establish the bonds between parent and child.
Culver stated that from first-hand knowledge by being the
husband of an elementary school teacher, he feels that we are
teaching the young that they are not accountable for their
actions.
Chairman Lindsay asked the nominees to refresh his memory
regarding the different jurisdictions. Judge Shannon said that
they formed a partnership and an interface with local providers.
Chairman Lindsay announced that there was no quorum to vote on
the nominees to the Texas Juvenile Probation Commission.
The chair asked the Board of Pardons and Paroles members to step
forward. Chairman Lindsay announced that, in lieu of Senator
Steve Ogden, he had the pleasure of introducing the three
members that had not previously been introduced; Juanita Maria
Gonzalez, Elvis Hightower and Board chair Rissie Owens. The
chair asked Owens to describe their responsibilities and her
reply was that they, as a body, decide upon release, revocation
and clemency granted to prisoners for the Governor.
Chairman Lindsay recognized Senator Barrientos who yielded to
Senator Rodney Ellis. Ellis asked how much the position paid and
whether it was full-time. Ellis told the board that, since they
made the ultimate decision on whether someone should live or
die, they ought to meet in person instead of videoconferencing
making reference to Owen's suggestion that videoconferencing
would save money. Ellis asked if they were comfortable faxing in
a decision on life or death and what their review process
entailed. He also informed the committee that Texas is the only
state where this happens, all others have a meeting.
Vice-chairman Deuell was recognized for a question. Deuell asked
the board who they called in for legal advice. Owens said that,
as a rule, they call in their general counsel, but as far as she
knew, they were not prohibited from looking outside for counsel.
Garcia added that nothing prohibits them from talking to each
other during the process. Gonzalez said she would adhere to the
will of the legislature. Aliseda reminded the committee that the
jury makes the life or death decision, not them.
Chairman Lindsey recognized Ellis who told the committee that
the only way the Governor grants a reprieve is if the board
recommends it. Ellis gave history of when he was acting Governor
for a Day and a call he made to then Governor Bush to tell him
that he would not go forward with a scheduled execution. Aliseda
stated that they do not try the facts, they do not receive trial
transcripts and if they did, it would require a much longer
period of time to do their work. He also discussed executive
sessions and said he would do whatever the people of Texas
expect. Hightower echoed that he would do whatever the
legislature directs. Aycock added that they keep continuous
files of the cases, including complete psychological evaluations
of the prisoner and all the victims' input. He told the
committee that they meet individually with an inmate at the
inmate's request and that these are meetings where no rules are
involved and they are immediately transcribed.
Owens stated that, on the issue of videoconferencing, the
process was in place, they could communicate and they have legal
counsel but that they would change it if the legislature sees
fit.
Ellis mentioned another case involving exoneration by the court
which requires three writings for a pardoning and asked if this
policy has changed. Owens replied that the rule now states that
two out of three writings are required. Ellis asked if any other
states in the country require two out of three writings, and
told her he hoped she would find out.
Ellis announced that he was sincere about this issue that it was
not politics because this was not a voting crowd.
Chairman Lindsay referenced Lucio's bill that did away with
probation for life and asked Owens how this affected them; Owens
stated that it will probably decrease the number of individuals
the Pardons and Parole Board deals with since they see only the
inmates that the Texas Department of Criminal Justice (TDCJ)
deems eligible for parole.
Chairman Lindsay recognized Barrientos who asked what percentage
of paroles granted in last fiscal year were granted to
recidivists. Owens said she could get that number for him.
Aliseda said within the last three years the number was 28%.
Barrientos asked them to provide his office with figures.
Barrientos questioned the members about their specific workload
and how many assistants they had to help. He asked for the steps
in revocations, what is meant by an administrative violation and
whether or not the prison overcrowding or publicity about prison
overcrowding ever affected their vote. Barrientos also asked
about how burnout affected them then encouraged them to not be
too hard and not be too easy.
Vice-chairman Deuell informed the committee that Chairman
Lindsay had to leave to attend a committee chairman's meeting
with the Lt. Governor. He told the board members of both the
Juvenile Probation Commission and the Board of Pardons and
Paroles that he appreciated their service and announced that,
because there was not a quorum present, the committee would vote
on their nominations at Chairman Lindsay's desk after the Senate
adjourned on the following day.
There being no further business, at 5:05 p.m. Senator Deuell
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
_____________________________
Senator Jon Lindsay, Chair
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Jazen Wood, Clerk