NEVADA
EQUAL RIGHTS COMMISSIONERS’ MEETING
MINUTES
January 26, 2005
CALL TO ORDER
The Nevada Equal Rights Commissioners’ Meeting was called to order at
Approximately 5:30 p.m. on January 26, 2005, at the Grant Sawyer Building, located
at 555 E. Washington Ave., Conference Room 1100, Las Vegas, Nevada.
ROLL CALL
Present were Anita Laruy, Chairperson; Lee Plotkin; Dennis Shipley, Aileen Martin,
and Nadia Jurani.
Also present were Lynda Parven, Administrator, Nevada Equal Rights Commission
(NERC); Billie Bailey, Chief Compliance Investigator/Supervisor, NERC; Susan Gray,
Deputy Attorney General (DAG), Attorney General’s Office; Theresa Nicks, Assistant Administrator, NERC; Mike Hedrick, Compliance Investigator II, NERC; Michael Baltz, Compliance Investigator II, NERC; Brandy Levin, Las Vegas Chamber of Commerce; and Norma Delaney, Administrative Aid III, NERC.
Anita Laruy, Chair, called the meeting to order, verified that proper posting of the meeting
was completed, and asked for a motion to approve the minutes of October 27, 2004. Dennis Shipley, Commissioner, made the motion; Nadia Jurani, Commissioner, seconded the motion. Ms. Laruy stated that the motion is carried.
NEW BUSINESS
Ms. Laruy moved to the first agenda item and introduced Lynda Parven, NERC
Administrator.
Ms. Parven stated that the first item she wanted to address was the Commissioners’ Report
as of December 31, 2005, and referred to Tab B, advising that she wanted to provide an
update since the report was completed.
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January 26, 2005
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Ms. Parven stated that in regards to the 2003 cases, the report reflects that there are 20 open
2003 cases; as of the meeting date of January 26, 2005, there are 6 open 2003 cases,
3 of which are in the process of being conciliated as Probable Cause findings, the other 3 are pending a Probable Cause finding.
Ms. Parven advised that in regards to the pending inventory, the report reflects that there are
499 open cases; as of the meeting date of January 26, 2005, the pending inventory is at 471 cases. Ms. Parven added that the average age for processing a case through the NERC system, and that as of the meeting date is 157 days.
Ms. Parven stated that as a comparision, on September 30, 2003, which is the day before
NERC started the Priority Charge Handling Process (PCHP), the NERC inventory was 1,864 cases, as opposed to the 471 currently. The average processing time was 362 days, as opposed
to the 157 currently. Ms. Parven stated that this is a drop of over 200 days decrease in the average age processing time since the PCHP began, which proves the PCHP works in reducing NERC’s backlog. Ms. Parven also stated that the PCHP has also improved the merit of the cases that are being taken into the system as well.
Aileen Martin, Commissioner, stated that the numbers Ms. Parven reported are great and asked
if the agency has access to the customers that chose to use the Equal Employment Opportunity Commission (EEOC) rather than filing with NERC; the comparison in numbers.
Ms. Parven stated that she will check with the EEOC to see if they have this type of information available. She added that NERC does not get records of how many cases EEOC takes in, but will find out what information she can from the EEOC.
Ms. Martin thanked Ms. Parven.
Ms. Parven stated that in regards to the bill draft update, as a handout, the Commissioners received the Legislative Counsel Bureau’s (LCB’s) actual text for bill draft 385, which is a
two-page document and it is the description/digest/actual bill as proposed.
Ms. Parven stated that just before the meeting she found out that the bill, Senate Bill 8 (SB 8),
has been pre-filed, which means it is out for people to read and has been referred to the Committee on Government Affairs. Ms. Parven stated she does not have a hearing date, but now she knows who she will be testifying before.
Ms. Parven also stated that the bill draft that combines the right-to-sue on employment and public accommodation cases, and introduces the language to the statute that NERC is governed by, is equal to federal law and the Federal Fair Housing Act, so that NERC can join into an agreement with HUD, this bill is currently with the LCB. Ms. Parven added that specific instructions were sent that it is imperative that the language not be changed when this bill was submitted to the LCB, advising that they (LCB) could not change the language as it was
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imperative to our Work Sharing possibilities that the language be consistent with HUD’s
Federal Fair Housing Act.
Ms. Parven advised that, unfortunately, there was some miscommunication, as she received
27 pages of changes to the text back from the LCB analyst. Ms. Parven advised that there
was a telephone conference that she participated in, along with Susan Gray, DAG, the LCB analyst, and the head of their legal division. The telephone conference lasted approximately
35 minutes and all matters were resolved to both sides’ satisfaction and the LCB will send her
a new draft now that both sides understand some of the changes and why the changes were necessary. She added that with a clearer understanding, there should not be any trouble with HUD still declaring NERC as substantially equivalent.
Ms. Parven added that she will be providing testimony on both bills for NERC. She stated that in regards to the fine fund, bill number 385, it is now called SB 8. She stated that as Commissioners, it would be beneficial to the bill if they testified, as this bill was submitted on behalf of the Commission. She added that there is some concern from DETR Administration that there may be some problems with the passage of this bill as legislators do not always want
to take money that is being put into the general fund and give the money back to the agency.
Ms. Laruy advised Ms. Parven that she will be present when testimony on this bill is being heard.
Ms. Parven advised that she will let the Commissioners’ know as soon as she is aware of when the bill is scheduled, but that many times it may be less than 48 hours notice.
Mr. Plotkin asked Ms. Parven if the bill had a sponsor or if the bill had to be submitted by an individual legislator.
Ms. Parven responded that DETR submitted the bill on behalf of the Commission and it was submitted as an agency bill. Ms. Parven added that most government agencies do not have sponsors, but that she can speak to some legislators and see if they would sponsor the bill.
Mr. Plotkin stated that the reason he was asking was that it would make strategic sense to line up some support for it, and asked what Committee this bill is going to be introduced before, as he can get in touch with some of his contacts.
Ms. Parven responded that the bill will be presented before the Senate on Government Affairs.
Ms. Parven stated that in regards to HUD and the right-to-sue, she did not know what Committee this bill will be presented in front of at this time.
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Ms. Parven stated that in the Commissioners’ packets is another NERC article that was completed for the Las Vegas Chamber of Commerce new letter, The Business Voice; she advised that these articles are submitted quarterly and this was the most recent article.
Ms. Parven stated that there is another item she wanted to address that was not on the agenda., Ms. Parven advised that she has accepted another position within DETR and that she is sorry to leave NERC, but that she will be going to the legislative session to present the budget and offer testimony on both bills as it would be too hard to bring someone else up to speed to provide testimony.
Ms. Parven advised that her last day with NERC is Friday, January 28, 2005, and that
Billie Bailey, who all the Commissioners are familiar with, will be Acting Administrator
until an Administrator is appointed. She added that Ms. Bailey has been her right hand
through all the PCHP changes which reduced the backlog, and has been a wonderful help
as have all the staff. Ms. Parven thanked the Commissioners for their support and stated
that it has been a wonderful job that she has really enjoyed.
Dennis Shipley, Commissioner, asked Ms. Parven where within DETR she will be going.
Ms. Parven responded that she will be going to the Division of Employment Security.
Ms. Laruy advised the Commission members that she received a call from Ms. Parven advising that she has accepted another position and that she (Ms. Laruy) did not want to believe it.
Ms. Laruy stated that it is very painful for her to see Ms. Parven go and wanted to publicly
thank Ms. Parven for having turned the agency around. Ms. Laruy added that when she first became a Commission member, NERC was a mess and it continued to be a mess because NERC did not have the management that was needed in order to turn the agency around. She added that the agency was very fortunate in finding/hiring Ms. Parven as she has made a difference to the staff and to this Commission.
The other Commission members agreed with Ms. Laruy and also congratulated Ms. Parven.
Ms. Laruy advised that she was going to take the next agenda item out of order, and moved to the introduction of Theresa Nicks, Assistant Administrator, NERC.
Ms. Nicks stated that she was very happy to be present at the meeting and meet the Commission members. She stated that she has worked for DETR for 10 years and was really anxious to be working with Ms.Parven, but is also very excited to be working now with Ms. Bailey and the rest of the NERC staff. She stated that she was honored to be given the position of Assistant Administrator and to be working in the NERC office in Reno. For background information on herself, she stated that she did training on policy/procedures for unemployment insurance within DETR and prior to that she was in the communication business, radio and television, and worked as the operations manager for Channel 4 in Reno, Nevada. She advised that she was also the
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Director of Community Relations for the Salvation Army in Northern Nevada. Ms. Nicks stated that with her training background and communications in working with the media and civic organizations, she is very excited about doing the outreach training for NERC.
Ms. Nicks advised that she has been able to review the minutes of the previous Commissioners’ Meetings and has an idea of some of their concerns and ideas in regards to outreach and looks forward to working with them to get their ideas moving forward. She also stated that in reviewing the previous minutes, she agrees with Ms. Laruy that the last four years NERC has made a lot of great strides and she is looking forward to being able to let employers and civic groups learn what the agency is doing.
Ms. Laruy thanked and welcomed Ms. Nicks to the agency and stated that she will have a great staff to work with.
Ms. Laruy acknowledged Terry Johnson, Deputy Director, DETR.
Mr. Johnson advised that he is the Deputy Director for DETR and that this was his first opportunity to sit in on a Commissioners’ Meeting. He stated that he is glad to be here and
looks forward to working with everyone. He added that Ms. Parven will be missed and he has no doubt that she will continue to do great things for the State of Nevada.
Ms. Laruy thanked Mr. Johnson and moved to the next agenda item, public comment.
Mr. Plotkin stated that he for the brief period of time that he has been involved with NERC,
he has seen the statistical chart continually go down as the agency has improved. He added
that there were horror stories that proceeded him that he never cared to hear, but that
Ms. Parven has left some big shoes to fill and knows that she will help with her next destination. Mr. Plotkin thanked Ms. Parven for her dedication (and, jokingly, for the grids on his chart).
Mr. Shipley stated that it was a good thing that Ms. Parven did not ask the Commissioners
for a recommendation for her new position because they wouldn’t have given one (jokingly)!
Ms. Laruy, in addressing Ms. Bailey, welcomed her as Acting Administrator and stated
that she has seen Ms. Bailey’s work, which has been excellent, and believes Ms. Bailey
will do a very good job and hopefully will be permanently appointed. Ms. Laruy stated
that she believes people will feel more comfortable with someone they know and already
have worked for. Ms. Laruy added that whatever way the Commissioners can support her,
she is welcome.
Ms. Bailey thanked Ms. Laruy.
Mr. Shipley, jokingly added that the Commissioners will give her a recommendation!
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Ms. Laruy moved on to the next agenda item, scheduling date/time/location for next meeting/agenda items, and advised that Ms. Delaney will get in contact with the
Commission members.
Ms. Laruy stated that the next agenda item was adjournment and asked for a motion;
Ms. Jurani made the motion, Mr. Shipley seconded.
Meeting Adjourned.
Respectfully submitted,
Norma Delaney
Administrative Aid III
NV Equal Rights Commission