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December 8, 2008 Meeting Minutes

December 11, 2008

Untitled Document

COMMISSION MEETING MINUTES

Senator Conference Center (Best Western) Embassy Room

284 Western Ave ~ Augusta, Maine

 

December 8, 2008

Chair Paul Vestal called the December 8, 2008 Commission meeting to order at 8:29 a.m. Present were Commissioners:

  • Paul Vestal, Chair
  • Jadine O’Brien
  • Sallie Chandler

Paul Vestal called for adoption of the agenda.

  • Executive Director Patricia Ryan requested that case E07-01410730: Cope v. Time Warner Cable be removed from the Agenda due to settlement between the parties.

Commissioner O’Brien moved, seconded by Commissioner Chandler to adopt the agenda as amended.3 in favor, 0 opposed

 

CONSENT AGENDA (see list attached)

Commissioner O’Brien moved, seconded by Commissioner Chandler to accept the Investigator’s recommendations in each of the cases on the Consent Agenda. 3 in favor, 0 opposed

Commissioners agreed to start with hearing the cases listed, and to review the business items at the end of the agenda.

 

CASES VOTED ON:

  • E07-0164: Roxanne Gagne (Raymond) v. Northeast Bank (Lewiston): Attorney Garry Libby restated the position of the Complainant. Attorney Lawrence Winger restated the position of the Respondent. Investigator Sheila Pierce summarized the facts of the case. Commissioner Chandler moved, seconded by Commissioner O’Brien to find reasonable grounds to believe that unlawful employment discrimination because of sex has occurred. 3 in favor, 0 opposed. Commissioner Chandler moved, seconded by Commissioner O’Brien to find reasonable grounds to believe that unlawful employment discrimination because of retaliation has occurred. 3 in favor, 0 opposed.

  • E07-0195: Kelly McKeil (Windham) v. Northeast Bank (Lewiston): Attorney Garry Libby restated the position of the Complainant. Attorney Lawrence Winger restated the position of the Respondent. Investigator Sheila Pierce summarized the facts of the case. Commissioner O’Brien moved, seconded by Commissioner Chandler to find reasonable grounds to believe that unlawful employment discrimination because of sex has occurred. 3 in favor, 0 opposed. Commissioner O’Brien moved, seconded by Commissioner Chandler to find reasonable grounds to believe that unlawful employment discrimination because of retaliation has occurred. 3 in favor, 0 opposed.

  • E07-0226: Everett Buzzell (Hermon) v. Eastern Maine Medical Center (Bangor): Attorney Chad Hansen restated the position of the Complainant. Attorney Anne Marie Storey restated the position of the Respondent. Investigator Bob Beauchesne summarized the facts of the case. Commissioner O’Brien moved, seconded by Commissioner Chandler to find reasonable grounds to believe that unlawful employment discrimination because of disability has occurred. 3 in favor, 0 opposed. Commissioner O’Brien moved, seconded by Commissioner Chandler to find no reasonable grounds to believe unlawful employment discrimination because of constructive discharge has occurred. 3 in favor, 0 opposed.

  • E07-0254: Karen Pulkkinen (Lewiston) v. Fairpoint Communications (Portland): Karen Pulkkinen restated the position of the Complainant. Respondent was not present. Chief Investigator Barbara Lelli summarized the facts of the case. Commissioner O’Brien moved, seconded by Commissioner Chandler to find no reasonable grounds to believe that unlawful employment discrimination because of sex. 3 in favor, 0 opposed.

  • E07-0402: Brenda Andrews (Bangor) v. Six Mile Falls Corporation (Bangor): Complainant was not present. Attorney Anne Marie Storey restated the position of the Respondent. Investigator Sheila Pierce summarized the facts of the case. Commissioner O’Brien moved, seconded by Commissioner Chandler to find no reasonable grounds to believe that unlawful employment discrimination because of disability has occurred. 3 in favor, 0 opposed.

  • E07-0736: Peggy Lane (W. Gardiner) v. Amistad, Inc. (Portland): Peggy Lane restated the position of the Complainant. Attorney Anne Cunningham restated the position of the Respondent. Investigator Paul Pierce summarized the facts of the case. Commissioner Chandler moved, seconded by Commissioner O’Brien to find no reasonable grounds to believe that unlawful employment discrimination because of whistleblowers has occurred. 3 in favor, 0 opposed.

  • E08-0010: Carl Kimball (Lewiston) v. Verso Paper (Jay): Complainant was not present. Respondent was not present. Commissioner O’Brien moved, seconded by Commissioner Chandler to find no reasonable grounds to believe that unlawful employment discrimination because of age has occurred. 3 in favor, 0 opposed.

At 10:26 PM Commissioner Vestal called for a 5 minute break.

  • E08-0123: Terry Libby (Skowhegan) v. Waterville Burger Corporation (Waterville): Complainant was not present. Respondent was present. Commissioner Chandler moved, seconded by Commissioner O’Brien to find no reasonable grounds to believe that unlawful employment discrimination because of sex has occurred. 3 in favor, 0 opposed.

  • H08-05009: Melissa Seavey and o/b/o minor (Stillwater) v. L. & J. Boyle (Old Town): Complainant was not present. E. Lewis Boyle restated the position of the Respondent. Commissioner O’Brien moved, seconded by Commissioner Chandler to find reasonable grounds to believe that unlawful housing discrimination because of disability has occurred. 3 in favor, 0 opposed.

 

MINUTES

Commissioner O’Brien moved, seconded by Commissioner Chandler to adopt the Minutes of the October 27th Commission Meeting. 3 in favor, 0 opposed

At 10:49 Commission Chandler left the meeting.

 

ADMINISTRATION:

Personnel Report –Commissioners Reviewed the report and it was placed in the file.

 

COMPLIANCE

Compliance Report - Commissioners reviewed Fran Davis’ report and it was placed on file.

 

INVESTIGATION

  • New Charges: Commission staff opened 47 new cases in November.

  • Administrative Dismissals: Commission staff administratively dismissed 61cases in November.

  • Pre-determination Settlements: During the month of November investigators were responsible for obtaining settlements in 20 cases resulting in a total monetary relief of $255,550.00.

 

LITIGATION :

Compliance Officer Fran Davis indicated to Commissioners that conciliation efforts in this case had failed, following the Commission’s vote of reasonable grounds. Commissioner O’Brien moved, seconded by Commissioner Vestal to authorize Commission Counsel to file a complaint in case # E07-0195: McKeil v. Northeast Bank. 2 in favor, 0 opposed

Commissioner O’Brien moved, seconded by Commissioner Vestal not to file a complaint in case # E07-0100: Patrick Soucy v. Lavalley Lumber Company. 2 in favor, 0 opposed

Commissioner O’Brien moved, seconded by Commissioner Vestal not to file a complaint in case # E07-0161: Mona Booker v. ES Electrosales Leadsinger Co. Ltd. 2 in favor, 0 opposed

Commissioners began discussion of whether the Maine Human Rights Act covers prisoners under the public accommodation provisions of the Act. Commissioners decided to continue the discussion in January when other Commissioners would be present.

 

NEW BUSINESS :

Executive Director Patricia Ryan reviewed the FY 08 Annual Report Statistics.

Executive Director Patricia Ryan reviewed the Service Animal Guidance press release to be issued later in the day.

 

ADJOURN :

There being no further business to come before the commission, the meetings was adjourned at 11:28 a.m.

 

CONSENT AGENDA:

The consent agenda is a listing of cases scheduled on the Commission’s meeting agenda in which there is no written disagreement to the Investigator’s recommendation. Commissioners consider these cases without oral argument by the parties.

E07-0196:

Tori Gifford (Randolph) v. C & C Enterprises d/b/a Quizno's (Waterville)

NRG

E07-0333:

Marybeth Myhaver (Windham) v. Medical Reimbursement Serv. Inc. (Windham)

NRG

PA/ED07-0634:

Martin & Leisha Petrovich o/b/o minor (Auburn) v. MSAD 17 (Oxford)

NRG

E07-0708:

Steven Wheeler (Waldoboro) v. Fieldcrest Manor (Waldoboro)

NRG

E07-0732:

Kevin Leavitt (Arundel) v. Correct Building Products, LLC (Biddeford)

NRG

E07-0733:

Cheryl Wark (Caribou) v. City of Brewer

NRG

E08-0022:

Michelle Morneau (Lisbon) v. Central Maine Medical Center (Lewiston)

NRG

E08-0064:

Joan McLean (S Portland) v. Busy Bee Janitorial Service (MA)

NRG

E08-0179:

Paul Vitalone, II (Skowhegan) v. Kennebec County Sheriff's Department (Augusta)

NRG

E08-0289:

Thomas Carter (Freeport) v. The Stevens Home (Brunswick)

NRG

H08-0399:

Tiffany Post and o/b/o minor (Old Orchard Beach) v. J. & J. Vance (Portland)

NRG