Barber Shop Booth Contract

Document Sample
Barber Shop Booth Contract Powered By Docstoc
					  BOARD MEMBERS
                                                                                                            GLENN D. PARKER
                                                                                                          EXECUTIVE DIRECTOR
WILLIAM H. KUYKENDALL, J.D.
        CHAIRMAN                                                                                       glenn.parker@tsbbe.state.tx.us
          AUSTIN
                                                                                                       STATE BOARD OF BARBER EXAMINERS
                                                                                                          http://www.tsbbe.state.tx.us
     RONALD L. BROWN
     DRIPPING SPRINGS

  MARY LOU DAUGHTREY
        TYLER                        STATE BOARD OF BARBER EXAMINERS
  JAMES H. DICKERSON, J.D.
      LAKE JACKSON                          5717 Balcones Dr., Ste 217
    SAN JUANA C. GARZA                         Austin, Texas 78731
         WESLACO
                                      (512) 936-6333 (888) 870-8755 FAX (512) 458-4901
     TERISSA JOHNSON
         SANGER

     JANIS E. WIGGINS
       KINGSLAND



                              Summary of Minutes for TSBBE Board Meeting (Unapproved)
                                              Held November 16, 2004
                                            5717 Balcones Drive Suite 217
                                                     Austin, Texas

                                          AGENDA FOR TSBBE BOARD MEETING

                                     Date & Time: Tuesday, November 16, 2004 at 8:30 a.m.
                                   Meeting Location: 5717 Balcones Drive, Austin, Texas 78731


     Agenda Item #1 - Pursuant to Chapter 551 of the Texas Government Code (Open Meetings), call to order
     and roll call by William H. Kuykendall, J.D., Chairman, Texas State Board of Barber Examiners, or by
     presiding officer.

     Ron Brown, Vice Chairman, called the meeting to order at 8:47 a.m. Present were board members Ron Brown,
     Mary Lou Daughtrey, James Dickerson, Janie Garza, Terissa Johnson, and Janice Wiggins. Mr. Joseph Pitner,
     Assistant Attorney General, was also present. Board Chairman William Kuykendall was not present at the
     beginning of the meeting but joined the meeting in progress at approximately 9:00 a.m. during discussion on
     Agenda Item #5.

     Staff members present were Glenn Parker, Executive Director, Jerry Daniels, Chief Financial Officer, and Gloria
     Torres, Administrative Assistant for Enforcement.

     Mr. Brown moved to Agenda Item #2, Consideration of and possibly take action on minutes from Board
     Meeting of October 4 - 5, 2004. A summary of the minutes for the board meeting held on October 4-5, 2004 had
     not been completed. Consideration of those minutes was deferred to the January board meeting.

     Mr. Brown moved to Agenda Item #3, - Consideration of and possibly take action to approve Certificates of
     Appreciation for certain individuals in recognition of their 50 or more years of service as licensed barbers.

     Certificates of appreciation were approved and distributed for signature for the following individuals, each of
     whom has worked as a licensed barber for at least 50 years:

                                              CERTIFICATES OF APPRECIATION



                  NAME                                               LENGTH OF SERVICE

     1. Bert McCauley                                                         63 years
     2. Josephine C. Askew                                                    59 years
     3. Milton Burow                                                          57 years
     4. Kenneth W. George                                                     55 years
     5. Lloyd D. Reddock                                                      55 years
6. Harley B. Starnes                                                      55 years
7. Efren Cerda                                                            54 years
8. Carlos Escamilla                                                       54 years
9. Darrell L. Kenmore                                                     53 years
10. Billy G. Taylor                                                       53 years
11. Raymond L. Watts                                                      53 years
12. Charlie B. Brown                                                      52 years
13. Warren Cate                                                           52 years
14. Reymundo M. Garza                                                     52 years
15. Murry L. Green                                                        51 years
16. Azzie Arnick                                                          50 years
17. Tommy L. Cochrell                                                     50 years
18. Armando L. Garcia                                                     50 years
19. Curtis Gipson                                                         50 years
20. Virgil A. Skinner                                                     50 years
21. Nehemiah H. Summers                                                   50 years

Mr. Brown deferred Public Comments until the arrival of Chairman Kuykendall and moved to Agenda
Item #5 - Consideration of and possibly take action on Executive Director’s Report. Executive Director will
give the Board an update on agency activities and operations including, but not limited to, status of shared
inspections with Cosmetology Commission and implementation of audit recommendations.

Mr. Parker gave the Board an update on several areas of agency operations including the shared inspections
initiative with Cosmetology. Mr. Parker informed the Board that Cosmetology had 5 or more vacant inspector
positions at that time, but that Cosmetology is interviewing people for those positions. The shared inspections
program will commence when Cosmetology is at full staff and has trained its new inspectors. Chairman
Kuykendall arrived during Mr. Parker’s presentation and assumed the chair for the remainder of the meeting. Mr.
Dickerson made a motion that, if possible, the contract with Cosmetology include a portion that would require
that the frequency of inspections of all barber shops and cosmetology shops under the shared inspection system
be as equal as is practical. Mr. Brown seconded the motion, which passed unanimously.

Ms. Wiggins made a motion that, if possible, the contract also include a provision whereby, in the event that an
inspector in a region cannot perform his or her inspections for a period of 30 days of more, the executive
directors of each agency would meet to determine how to achieve inspections for that region. Mr. Dickerson
seconded the motion, which passed unanimously.

Mr. Brown made a motion that, if possible, the contract require that each board inform the other of any proposed
rule changes. Ms. Daughtrey seconded the motion, which passed unanimously.

Mr. Parker informed the board that the State Auditor’s Office would be conducting a follow-up audit prior to the
beginning of the legislative session.

Mr. Parker also informed the Board that the process for renewing shop permits online through the Texas Online
system is now in place and active, and gave the members a brief report on his attendance at the Barber School
Owners’ Association meeting on October 31, 2004, in Austin, along with Mr. Brown, Ms. Garza, and Chairman
Kuykendall.

Mr. Daniels and Mr. Parker gave the Board an update on agency finances and other operating reports. The budget
remains very tight for the fiscal year.

Chairman Kuykendall moved to Agenda Item #4 - Public Comments. Mr. Joe Shirley, a barber from Coppell,
Texas, expressed his opposition to the joint inspection process because he believes that it does not serve the
interests of barbers. Mr. Shirley also expressed his opposition to the proposal to repeal Rule 51.121 that requires
all barber inspectors to be barbers with at least three years experience. He also stated his opposition to the
proposal to increase the ratio of students to teachers from 20:1 to 25:1. Mr. Shirley also stated his disappointment
with the Board for not getting the health certificate repealed during the last legislative session. Mr. Shirley stated
that it was through his efforts that the board found a sponsor for the Board’s bill and got a hearing for the bill. He
urged the Board to aggressively pursue getting a sponsor for the Board’s bills this session and to diligently follow
through. Mr. Kuykendall responded that the Board had difficulty finding a sponsor on the House side and that
there are other issues in the background.
                                                          2
Mr. Roland Finch, a barber from Brownwood, expressed concern about the shared or joint inspection project.

Ms. Linda Connor, an Austin barber shop owner who is not a barber, addressed the Board and asked the Board to
support the revision of its governing statute Chapter 1601 of the Texas Occupations Code, to make it easier for a
non-barber to obtain a barber shop permit in his or her own name and to operate the shop without having to have a
barber’s name on the shop permit.

The Board recessed from 10:56 a.m. until 11:26 a.m.

Upon reconvening, Ms. Connor informed the Board that Mr. James Smith, president of the Texas Association of
Tonsorial Artists, had sent an email and fax to the Board and asked the Board to consider his comments. Mr.
Parker asked staff members to locate Mr. Smith’s fax or email and bring a copy to the Board.

Mr. Kuykendall then moved to Agenda Item #6 - Consideration of and possibly take action on Proposals
for Decisions (PFDs) from State Office of Administrative Hearings for SOAH hearings held on August 16,
2004 and on September 13, 2004 for the individuals listed below:

    A. August 16, 2004 SOAH Hearings

        PFDs with Recommendations to Uphold:
                1. Damon Jude Andrews, SOAH Docket #502-04-6011.W
                2. Rodney Bailey, SOAH Docket #502-04-6013.W
                3. Shane Davis Conley, SOAH Docket #502-04-6015.W
                4. Tracy Earl Kirvin, SOAH Docket #502-04-6021.W
                5. Larry La Poole, SOAH Docket #502-04-6022.W
                6. Sergio Loya, SOAH Docket #502-04-6025.W
                7. Foluke O. McDaniel, SOAH Docket #502-04-6026.W
                8. Monisola Omomparila, SOAH Docket #502-04-6027.W
                9. Anna De Jesus Patino, SOAH Docket #502-04-6029.W
                10. Maria Ruiz, SOAH Docket #502-04-6030.W
                11. Frederick Sampson, SOAH Docket #502-04-6031.W
                12. Eric DeWayne Spencer, SOAH Docket #502-04-6032.W
                13. Larry Sullivan, SOAH Docket #502-04-6033.W
                14. Roderick Taylor, SOAH Docket #502-04-6034.W

        PFDs With Recommendations to Dismiss:

              None
    B. September 13, 2004 SOAH Hearings

        PFDs With Recommendations to Uphold:

                 1. Lena Mingo Coleman, SOAH Docket #502-04-7199.W
                 2. Walter Tramaine Conley, SOAH Docket #502-04-7200.W
                 3. Robert Rene Corona, SOAH Docket #502-04-7201.W
                 4. Jackie Ray Fillmore, SOAH Docket #502-04-7204.W
                 5. Nathan Franklin, SOAH Docket #502-04-7205.W
                 6. Leon J. Freeman, SOAH Docket #502-04-7206.W
                 7. Daniel Garza, SOAH Docket #502-04-7207.W
                 8. Christopher J. Hadley, SOAH Docket #502-04-7208.W
                 9. Rae D. Hass, SOAH Docket #502-04-7209.W
                 10. LaKeevis V. Hunt, SOAH Docket #502-04-7210.W
                 11. Jennifer Johnson, SOAH Docket #502-04-7212.W
                 12. Carol Jordon, SOAH Docket #502-04-7213.W
                 13. Michael Jay Lewis, SOAH Docket #502-04-7215.W
                 14. Mark Anthony Mata, SOAH Docket #502-04-7217.W
                 15. Nikhandra Mayes, SOAH Docket #502-04-7218.W
                 16. Kenneth J. McGee, SOAH Docket #502-04-7219.W
                 17. Keldrick R. Newton, SOAH Docket #502-04-7221.W
                                                        3
                  18. Eva R. Rios, SOAH Docket #502-04-7224.W

         PFDs With Recommendations to Dismiss:

                  None

Mr. Ron Brown made a motion to approved the SOAH Proposals for Decisions for August 16, 2004 and
September 13, 2004. Ms. Wiggins seconded the motion, which passed unanimously.

Chairman Kuykendall then moved to Agenda Item #7 - Consideration of and possibly take action to
suspend and/or amend and/or repeal Rule §51.121 (Barber Inspector). Rule 51.121 currently reads:

“All applicants for the position of barber inspector must be licensed barbers and must have practiced barbering
for at least three years immediately prior to applying for the position of barber inspector. An applicant must
have a high school diploma or GED.”

Ms. Daughtrey made a motion to repeal Rule 51.121. Discussion ensured. Mr. Brown and Ms. Garza stated that
barber inspectors are helpful at the examination and when inspecting schools. Also, Mr. Brown noted that if the
board structure changes, barber inspectors may have to conduct the examinations. Mr. Dickerson and Ms.
Daughtrey said that the human resources manual could express a preference for hiring a barber inspector. Mr.
Kuykendall suggested that the Board consider suspending the Rule rather than repeal. Mr. Pitner, Board attorney,
offered his opinion that suspending the Rule may not solve the potential legal problem and that a SOAH judge may
still hold the Rule to be valid.

Chairman Kuykendall asked for public comment from Mr. Finch and from Mr. Shirley. Mr. Finch expressed the
opinion that it may be a double standard to require barber schools to be inspected by a barber inspector and barber
shops to be inspected by non-barbers. Mr. Shirley expressed the opinion that it is a mistake to put the joint
inspections project ahead of the best interests of the barber industry and that pursuing a joint inspection process
works to support a merger of the two agencies (Barber Board and the Cosmetology Commission).

Mr. Pitner pointed out that well over 90% of the citations we write and prosecute are for expired licenses or other
similar issues, not for health and sanitation issues.

Mr. Parker distributed to the Board at that time a letter from Mr. James Smith of the Texas Association of
Tonsorial Artists. Ms. Linda Connor, a member of TAOTA, read the letter from Mr. Smith and expressed
TAOTA’s opposition to repealing Rule 51.121. In addition, Mr. Smith expressed support for changing the statute
to allow non-barbers to inherit and run a barber shop, to continue with the practical examinations, and opposition
to fining a shop owner for a booth renter working without a license or with an expired license, and expressed
opposition to requiring barber shop owners and independent contractors to purchase law and rule books. Mr.
Kuykendall asked that Mr. Smith’s letter be added to the minutes.

Ms. Daughtrey called for a vote. The initial motion failed on a vote of 3-3, with one abstaining. Mr. Kuykendall,
Mr. Dickerson, and Ms. Daughtrey voted to repeal. Board members Johnson, Garza, and Wiggins voted against.
Mr. Brown abstained.

Mr. Kuykendall asked if there was a way to restate the motion to address the concerns of the board members who
voted in opposition. Mr. Dickerson made a motion to repeal Rule 51.121 and that the agency insert in the Human
Resources hiring manual the requirement that an applicant for the job of a barber inspector must be a licensed
barber. Mr. Brown seconded the motion. Mr. Pitner, in response to Mr. Kuykendall’s inquiry, offered the opinion
that having the requirement in the personnel manual does not carry the same weight as having it in law and should
be sufficient to withstand a challenge at SOAH. The motion carried unanimously.

Chairman Kuykendall moved to Agenda Item #8 - Consideration of and possible take action on the current
list of identified statutory changes to Chapter 1601 (Barbers) of the Texas Occupations Code to address
with the 79th Legislature. The current list was adopted in a board meeting in January, 2004. Board will
review the list and may consider addition, deletion, or revision of current items. Significant items currently
include, but are not limited to: (1) request to delete TOC 1601.264 and 1601.402 requirements for health
certificate to obtain or renew a barber license; (2) delete TOC 1601.301 requirement that a barber must
have practiced as a licensed barber for at least 12 months before obtaining a shop permit; (3) change TOC
1601.257 minimum age for manicurists license from 16 years of age to 17 years of age; (4) change TOC
                                                         4
1601.560 to allow 25:1 student/teacher ratio in barber schools rather than the current 20:1; and other
items.

The Board may also consider and take action to request that the Legislature consider revising Chapter
1601.301, 302, 303, 304 and 305 of the Texas Occupations Code to revise or clarify statutes concerning the
qualifications for obtaining a barbershop or specialty shop permit and who is eligible to own, operate, or
manage a barbershop or a specialty shop.

Mr. Kuykendall asked the Board to consider the sections of Chapter 1601 that deal with Ms. Connor’s request to
change the laws about requirements for the ownership and management of a barber shop, including Sections
1601.301, 1601.302, 1603.303, 1601.304 and 1601.305.

Mr. Dickerson expressed his support for changing the statute to allow a barber shop to be owned and operated by a
non-barber, in an effort to free the market place from unnecessary regulation. He expressed his view that it might
be best for growth in the barber profession to allow non-barbers to own shops. Mr. Pitner expressed his opinion
that the Board’s current operational procedures for shop permits may not strictly confirm with the specifics of the
statute.

Mr. Kuykendall allowed public comment from Mr. Roland Finch, who expressed his view that he was not afraid of
competition and that he was in favor of getting rid of the 12 month barber requirement. Ms. Wiggins expressed
support for removing the 12-month barber requirement.

Mr. Dickerson made a motion that the Board insert into its legislative package a request to amend 1601.303 to
read as follows, “The Board shall issue a barber shop permit to an applicant if (1) the applicant is the owner of
the shop, and (2) the shop meets the minimum health standards for barber shops set by the Board, and meets all
other rules of the Board.” Ms. Daughtrey seconded the motion. Mr. Parker informed the Board that Rule 51.77
would have to be changed eventually, if the statute is changed. The Board passed the motion unanimously.

Mr. Dickerson observed that this is the 75th anniversary of the Barber Board and asked that the agency
acknowledge that in some way. Mr. Kuykendall suggested that we modify the agency letterhead to reflect the 75 th
anniversary. Mr. Kuykendall made the motion to modify the letterhead or other action, and Mr. Brown seconded
the motion, which passed unanimously.

Mr. Parker then led the Board through a review of what is in the Board’s legislative package. Chapter 1601.303
needs to be updated to reflect the Board’s actions in regard to Ms. Connor’s request. In public comment, Mr.
Shirley expressed his opposition to the increase in the student teacher ratio from 20:1 to 25:1.

Mr. Kuykendall announced that Agenda Item #9 would be skipped. Agenda Item #9. Consideration of and
possibly take action on Sunset Advisory Commission Decisions and other legislative matters pertaining to
the Board during the 79th Legislative Session.

The Board did not take up Agenda Item #9.

Mr. Kuykendall moved to take Agenda Items#10 and #11, the Board’s Self-Evaluation, and the Board’s
Evaluation of Executive Director.

Mr. Kuykendall asked board member Mr. Dickerson to lead the Board through agenda items #10 and #11. Mr.
Dickerson recommended that the Board first consider Agenda Item 11, Evaluation of Executive Director and then
take up Agenda Item #10, the Board’s self-evaluation.

Mr. Dickerson recommended that the Board first take up Agenda Item #11 - Consideration of and possibly
take action on Board’s evaluation of Glenn Parker, Executive Director, to be held in open session by
request of Executive Director.

Mr. Dickerson and Mr. Brown led the Board through an evaluation of the Executive Director, Mr. Parker. There
were no motions adopted in relation to this agenda item.

Mr. Dickerson and the Board then moved to Agenda Item #10 - Consideration of and possibly take action
on Board’s self-evaluation. Mr. Dickerson and Mr. Brown led the Board through a self-evaluation of the
Board. There were no motions adopted in relation to this agenda item.
                                                        5
Mr. Parker distributed copies of the Board’s Handbook (manual) to all board members.

The Board adjourned at 4:07 p.m.




                                                      6

				
DOCUMENT INFO
Description: Barber Shop Booth Contract document sample