Board Members Attending: Board Members Excused

Minutes of the meeting of the Maine Criminal Justice Academy Board of Trustees held at the Maine Criminal Justice Academy Brian MacMaster Board Room on Friday, July 11, 2014.

Board Members Attending: Board Members Excused:

Deputy Chief Amy Berry – Chair Ms. Elizabeth Ward Saxl Det. Seth Blodgett Commissioner John E. Morris Mr. Richard Davis Special Agent Brian Pellerin Ms. Marie Hansen Ms. Angie Newhouse for Dir. Gary LaPlante Sheriff James Madore Chief Bradley Paul – Vice-chair Attorney Thomas Peters II DA Geoffrey Rushlau Sergeant Lincoln Ryder Ms. Linda Smithers Officer Levon Travis Captain Shon Theriault for Colonel Joel Wilkinson Colonel Robert Williams Participants: Director John B. Rogers Assistant Director Rick Desjardins Guests: Deputy William Johnson, Kennebec County Sheriff’s Office Deputy Ryan Reardon, Kennebec County Sheriff’s Office Deputy Dennis Picard, Kennebec County Sheriff’s Office Chief Grady Dwelley, Machias Police Department Chief Mark Kelley, Rockport Police Department Officer Greg S. Pealatere, Auburn Police Department Sergeant Barry Schmieks, Auburn Police Department Officer John Kyle Sylvester, Damariscotta Police Department Chief Ronald S. Young, Damariscotta Police Department Officer Jacob Grinnell, Rockport Police Department Chief Deputy Jeff Trafton, Waldo County Sheriff’s Office Chief Timothy Towne, Berwick Police Department

I. Item One on the Agenda: Call to Order:

Chair Amy Berry called the meeting to order at 9:07 a.m.

II. Item Two on the Agenda: Roll Call and Introduction of Board Members Chair Berry asked the Board Clerk to conduct a roll call. Chair Berry noted a quorum was present. The Board members introduced themselves for the benefit of guests attending the meeting.

1 III. Item Three on the Agenda: Minutes of the Previous Meeting:

MOTION: To accept the minutes of the May 2014 Board of Trustees meeting and to be placed on file with the secretary.

Moved by Vice-chair Chief Brad Paul and seconded by Sheriff James Madore.

Motion carried.

IV. Item Four on the Agenda: Certifications:

A. Basic Law Enforcement Training Program Waiver Requests:

Asst. Dir. Rick Desjardins presented a request for the following officers to receive a waiver of the Basic Law Enforcement Training Program:

1. Deputy William Johnson – Kennebec County Sheriff’s Office

MOTION: To approve the above listed officer for BLETP waiver.

Moved by Sheriff James Madore and seconded by Mr. Richard Davis.

Motion carried.

2. Officer Gregory Pealatere – Auburn Police Department

MOTION: To approve the above listed officer for BLETP waiver.

Moved by Mr. Tom Peters and seconded by Sgt. Lincoln Ryder.

Motion carried.

B. Basic Law Enforcement Training Program Extension Requests:

Asst. Dir. Rick Desjardins presented a request for the following officers to receive an extension of the Basic Law Enforcement Training Program:

1. Officer Jacob Grinnell – Rockport Police Department.

MOTION: To approve the above listed officer for BLETP extension.

Moved by Ms. Linda Smithers and seconded by Vice-chair Chief Brad Paul.

Motion carried.

2 2. Officer John Sylvester – Damariscotta Police Department

MOTION: To approve the above listed officer for BLETP extension.

Moved by Sheriff James Madore and seconded by Vice-chair Chief Brad Paul.

Motion carried.

3. Officer Michael Howie – Berwick Police Department

MOTION: To approve the above listed officer for BLETP extension.

Moved by Vice-chair Chief Brad Paul and seconded by Sheriff James Madore.

Motion carried.

C. Basic Corrections Training Program Waiver Requests:

1. None at this time.

D. Basic Corrections Training Program Extension Requests:

1. None at this time.

E. Part-time Law Enforcement Hour Extension Requests: (handout)

Chair Dep. Chief Berry noted the Agenda item regarding Part-time Law Enforcement hour extension requests will be heard out of order. The request from Dep. Jonathan K. Shaw shall be presented first out of the two requests.

Dir. John Rogers presented a request for the following officer to receive an extension of Part-time Law Enforcement hours:

1. Deputy Jonathan K. Shaw – Waldo County Sheriff’s Office

MOTION: To approve the above listed officer for extension of Part-time Law Enforcement hours.

Moved by Sgt. Lincoln Ryder and seconded by Mr. Richard Davis.

MOTION: To modify previous motion to clarify and approve the extension for Officer Shaw to extend his part-time hours to 1040 hours for time working for Waldo County Sheriff’s Office during the year 2014.

3 Moved by Sgt. Lincoln Ryder and seconded by Mr. Richard Davis.

Motion carried.

MOTION: To approve the above listed officer for extension of Part-time Law Enforcement hours.

Original motion carried.

MOTION: To move the Maine Criminal Justice Academy Board of Trustees into Executive Session pursuant to Title 25, section 2806, subsection 8, to discuss confidential disciplinary matters.

Moved by Mr. Richard Davis and seconded by Ms. Linda Smithers.

Motion carried.

The Board moved into Executive Session at 9:49 a.m.

The Board moved out of Executive Session at 10:26 a.m.

2. Officer Corin Dowling – Machias Police Department

MOTION: Officer Dowling within 30 days, regardless of his employment status, will successfully complete a polygraph examination and then if he has successfully completed it within the next 30 days thereafter will appear before the Complaint Committee on matters that are pending, for this entire extension to be completed by or on September 19, 2014.

Moved by Mr. Tom Peters and seconded by Sheriff James Madore.

The Complaint Committee abstained from the vote.

Ms. Marie Hansen, Sgt. Lincoln Ryder and Mr. Levon Travis opposed.

Motion carried.

F. Course Certification Requests:

1. None at this time.

G. Executive Certification Requests:

4 Asst. Dir. Rick Desjardins presented a request for the following officers to receive Executive Certification.

1. Chief Shawn T. O’Leary – Winslow Police Department

MOTION: To approve the above-listed officer for Executive certification.

Moved by Vice-chair Chief Brad Paul and seconded by Sgt. Lincoln Ryder.

Motion carried.

2. Lieutenant Christopher Sanborn – Gorham Police Department

MOTION: To approve the above-listed officer for Executive certification.

Moved by Sheriff James Madore and seconded by Sgt. Lincoln Ryder.

Motion carried.

V. Item Five on the Agenda: Criminal Convictions/Conduct Waiver Requests:

1. None at this time.

VI. Item Six on the Agenda: Committee Reports

A. Complaint Committee: Ms. Linda Smithers

Ms. Smithers reported the Complaint Committee met during the previous week and would like to enter into Executive Session today for discussion of cases.

B. Administrative Rules Committee: Sgt. Lincoln Ryder

Sgt. Ryder reported on the Draft of Specification S-26, Mechanics of Arrest, Restraint and Control (MARC) Instructor (handout). Discussion took place in replacing some verbiage.

MOTION: To adopt Specification S-26 with changes noted today in discussion.

Moved by Mr. Tom Peters and seconded by Sgt. Lincoln Ryder.

Motion carried.

Sgt. Ryder stated the committee continues work on the specifications of transport officers and hopes to have a draft between now and the next meeting. The committee is also working on the Breath Testing Device Operator Specification and hopes to present it at the next Board meeting. Discussion ensued regarding a possible Crisis Intervention Training specification in the future. Sgt. Ryder and Colonel Williams will be in touch with NAMI regarding this matter. Work continues on the Intermediate/Advanced and Executive certifications.

5 C. Law Enforcement Training Committee: Ms. Linda Smithers

Ms. Smithers reported on the Executive certification saying that some officers have a lack of knowledge regarding the certification and others feel the certification may be of no value. The LET committee will meet again in September of 2014.

D. Corrections Training Committee: Director Gary LaPlante

Ms. Angie Newhouse was present for the meeting in lieu of Dir. LaPlante and had no report at this time.

Dir. Rogers however presented information that he and Dir. LaPlante will be meeting with the jail administrators in the upcoming month to discuss the raise in hours of the Basic Corrections training program. There has not been a raise in fee but in the number of training hours. This meeting will give the jail administrators one year to plan for their budgets.

E. Policy Standards Committee: Chief Bradley Paul – Vice-Chair

Vice-chair Chief Paul stated the committee has not met and there is no report at this time.

VII. Item Seven on the Agenda: Report from the Board Chair Amy Berry:

Chair Berry reported attending the BLETP graduation on May 23rd. On May 29th, Chair Berry met with Brian MacMaster and Jenna Mehnert, the Director of NAMI Maine. Their discussed was summarized during Sgt. Ryder’s Committee Report. On June 12th, Chair Berry attended the BCOR graduation at the Academy. They are always appreciative of the show of support for the corrections training program.

On June 25th, Chair Berry attended the Deadly Force training sponsored by District 2 and instructed by Brian MacMaster, Detective Joia of the AG’s Office, and retired FBI Special Agent Urey Patrick, who is considered an expert on use of force related issues. The session was well attended and very informative.

Chair Berry reminded the Board that there are a number of Trustees whose appointments are past due or about to expire. The Boards and Commissions Office in Augusta can’t tell us which applications they’ve already received and are in the process of being renewed.

VIII. Item Eight on the Agenda: Report from the Director John Rogers

1. General Items:  We are still plugging away at the outside Parola obstacle park. I have called Dig Safe and they have approved our project until 7/23/2014 when I will have to reapply. I’m just waiting for Cianbro, Inc. who will be donating about 30 telephone poles and the equipment and manpower to install them. I have completed a set of plans on the 10 initial obstacles and where they will be located around the facility.  Gary LaPlante and I met with the Jail Administrators around the State and many of their assistants. The purpose was to go over the new BCOR curriculum that the Board voted on at the May 9, 2014 Board meeting, effective July 1, 2015. Gary and I had met with the Maine Sheriff's

6 Association 2 years ago, with most of the Jail Administrators present, to let them know this new BCOR was coming. I again met with the Maine Sheriffs Association about a year ago to give them a heads up. Needless to say, the Jail Administrators were not very happy because of the cost. After explaining the cost is still the same $2.00 per hour, like it has been for 5-6 years, they said I need to speak to the Board of Corrections. Gary and I are on their agenda to speak to the Board of Corrections on July 15, 2014 to bring them up to speed. Evidently, according to the JA’s, the BOC has the final approval on their budgets.

2. Basic Law Enforcement Training Program (BLETP):  The 26th BLETP graduated on May 23, 2014. All met the exit standards except two Cadets, one that failed the certification exam but came back 2 weeks later and passed, and the other that had to get a medical clearance to take the final MARC fight. He also passed. MSA President Sheriff Randy Liberty was the commencement speaker and did a very good job. There were 5 guests from the IRAQ National Police in attendance for the graduation who were here training with the Maine State Police that week as part of an IACP outreach project. They told me they were impressed with our ceremony.  As of today, I have 89 names and/or John Doe slots for the 27th BLETP (down from 117), which starts in August. I suspect there will be a very large class and I hope not to take any over 50 Cadets. The Cadre are selected with Sgt. Joseph Mills, Sgt. Jason Nein, Warden Justin Fowlie and Officer Jeffrey Parks returning. The new Cadre Supervisor is Sgt. Peter Michaud from the Maine State Police, and the new Cadre is Officer Taylor Bagley from Bangor Police Department.

3. MCJA Budget Issues:  Need Vote: I had to go out to RFP this year for the food service contract. Under State rules for contracts over $5,000, this has to occur every 4 years. As you can see from Commissioner Morris’ memo in the Board packet, we are very pleased that Nexdine LLC will be back with us. Besides doing a great job, they were by far the lowest bidder. Under New Business, I would like the Board to vote to establish the new fees, with the approval of the Commissioner, per 25 M.R.S. §2803-A (10), to help defray the cost. Specifically, it would be to raise the cost of a regular meal from $7.50 to $8.00 per meal and the cost of a salad from $4.00 to $4.50 per salad.

3. Other Issues:  Need Vote: I would propose that you officially vote for all the certifications that I issued on your behalf between the last Board meeting and this Board meeting under New Business that are included in a handout. In summary, they are as follows: (See handout) a. 4 – K-9 Team Detector Certifications b. 10 – K-9 Team Patrol Certifications c. 18 – Firearms Instructor Certifications d. 50 – Basic Law Enforcement Training Program Certifications e. 69 – Basic Corrections Training Program Certifications f. 67 – Law Enforcement Officer Pre-Service Certifications g. 3 – Law Enforcement Intermediate Certifications h. 1 –Law Enforcement Advanced Certification i. 6 – Crisis Negotiator Certifications j. 2 – Crash Reconstruction Specialist Certifications  On 7/15/2014, the Staff will be working on some outside projects at the Academy and have a pot luck lunch. Projects will include vehicle cleaning, trail grooming, and working on the reflection pond.  We are working on 2 pieces of proposed legislation, the first on a Metro connection at MCJA and the other on PBT use by law enforcement for OUI cases.

7 MOTION: Make a recommendation to the DPS commissioner to approve a fee increase on the food at MCJA from $7.50 to $8.00 for a meal ticket and from $4.00 to $4.50 for a salad ticket.

Moved by Sheriff James Madore and seconded by Vice-chair Chief Bradley Paul.

Motion carried.

MOTION: To accept all certifications listed as a handout, dates of May 09, 2014 through July 11, 2014. (handout to be attached to minutes)

Moved by Mr. Richard Davis and seconded by Sgt. Lincoln Ryder.

Motion carried.

IX. Item Nine on the Agenda: Old Business: Chair Amy Berry:

1. None at this time.

X. Item Ten on the Agenda: New Business: Chair Amy Berry:

1. Sheriff James Madore resignation from the Board:

Sheriff James Madore will attend his last Board meeting on September 19, 2014.

2. Increase in Cost of Individual Meals for FY15:

Motion was voted on earlier in the meeting.

MOTION: To move the Maine Criminal Justice Academy Board of Trustees into Executive Session pursuant to Title 25, section 2806, subsection 8, to discuss confidential disciplinary matters.

Moved by Mr. Richard Davis and seconded by Mr. Tom Peters.

Motion carried.

The Board moved into Executive Session at 11:40 a.m.

The Board reconvened in to Public Session at 12:15 p.m.

Complaint Committee Cases:

1. In the matter of Board Case No. 2013-004, involving AW of the Ellsworth Police Department and a request to amend an existing consent agreement:

MOTION: To accept the recommendation of the Complaint Committee to grant the request to amend the consent agreement by deleting the random testing

8 requirement and that all other conditions of the consent agreement remain in full force and effect.

Moved by Sheriff James Madore and seconded by Sgt. Lincoln Ryder.

The Complaint Committee abstained from the vote.

Motion carried.

2. In the matter of Board Case No. 2014-008, involving TL of the Maine State Prison and unlawful sexual contact.

MOTION: To accept the recommendation of the Complaint Committee to offer a permanent voluntary surrender of the certificate of eligibility with a 30 day deadline to sign and if not signed within 30 days then revoke the certificate of eligibility.

Moved by Sgt. Lincoln Ryder and seconded by Sheriff James Madore.

The Complaint Committee abstained from the vote.

Motion carried.

3. In the matter of Board Case No. 2014-022, involving ML of the Kennebunkport Police Department and OUI conduct:

MOTION: To accept the recommendation of the Complaint Committee to enter into a three year consent agreement with the conditions to refrain from engaging in disqualifying conduct and to be required to surrender the certificate of eligibility if he does engage in disqualifying conduct.

Moved by Sgt. Lincoln Ryder and seconded by Mr. Richard Davis.

The Complaint Committee abstained from the vote.

Motion carried.

4. In the matter of Board Case No. 2012-022, involving BJ of the Knox County Jail and assault:

MOTION: To accept the recommendation of the Complaint Committee to reinstate the complaint and refer it to the Complaint Committee.

Moved by Mr. Richard Davis and seconded by Sgt. Lincoln Ryder.

The Complaint Committee abstained from the vote.

9 Motion carried.

5. In the matter of Board Case No. 2014-021, involving DL of the Aroostook County Jail and assault and unlawful sexual contact:

Moved by Sgt. Lincoln Ryder and seconded by Mr. Richard Davis.

The Complaint Committee and Sheriff James Madore abstained from the vote.

Motion carried.

6. In the matter of Board Case No. 2014-019, involving WB of the Hampden Police Department and unlawful sexual contact:

MOTION: To accept the recommendation of the Complaint Committee to offer a permanent voluntary surrender of the certificate of eligibility with a 30 day deadline to sign and if not signed within the 30 days to revoke the certificate of eligibility.

Moved by Mr. Richard Davis and seconded by Sgt. Lincoln Ryder.

The Complaint Committee abstained from the vote.

Motion Carried.

7. In the matter of Board Case No. 2014-020, involving WK of the York County Sheriff’s Office and tampering with a government document:

MOTION: To accept the recommendation of the Complaint Committee to take no further action.

Moved by Sheriff James Madore and seconded by Sgt. Lincoln Ryder.

The Complaint Committee and Ms. Marie Hansen abstained from the vote.

Motion carried.

8. In the matter of Board Case No. 2014-006, involving NQ of the Franklin County Jail and theft:

MOTION: To accept the recommendation of the Complaint Committee to accept the signed three year voluntary surrender.

Moved by Sgt. Lincoln Ryder and seconded by Sheriff James Madore.

10 The Complaint Committee abstained from the vote.

Motion carried.

XI. Item Eleven on the Agenda: Adjournment: Chair Amy Berry

MOTION: To adjourn the Maine Criminal Justice Academy Board of Trustees Meeting.

Moved by Sheriff James Madore and seconded by Sgt. Lincoln Ryder.

Motion carried.

Chair Berry adjourned the meeting at p.m. 12:31 p.m. The next meeting is scheduled for 9:00 a.m. on Friday, September 19, 2014 at the Maine Criminal Justice Academy in Vassalboro.

Richard Davis, Secretary