MINUTES OF ARKANSAS STATE POLICE COMMISSION MEETING January 14, 2010
The Arkansas State Police Commission met on Thursday, January 14, 2010 at the Arkansas State Police Headquarters, Little Rock, Arkansas.
Commission Chairman Childers called the meeting to order at 10:11 a.m.
MEMBERS PRESENT:
Commissioner Dr. Charisse Childers, Chairman Commissioner Dr. Lewis Shepherd, Vice-Chairman Commissioner John Allison, Secretary Commissioner Steve Smith Commissioner Jane Christenson Commissioner Woody Futrell Commissioner Wallace Fowler
STATE POLICE PERSONNEL ATTENDING:
Colonel Winford Phillips Lt. Colonel Tim K’Nuckles Major Kathy Sparks Major Les Braunns Major Ed Wolfe Major Cleve Barfield Lieutenant Rick Dickinson Captain Jeff Jester Captain Lloyd Franklin Captain Nate Jackson Captain Gloria Cook Lieutenant Stan Witt Lieutenant Mike Foster Captain Steve Coleman Corporal Paulette Ward Captain Mike Fletcher Captain Mike Davidson Karen Perry Lieutenant Jimmy Smith Pam Davidson Lieutenant Leonard Hogg Emma French Gary Glisson Lieutenant Robert Speer Lieutenant Ron Stayton Lieutenant Glenn Sligh Lieutenant Mark Blankenship Captain Henry La Mar Lieutenant Steve Coppinger Lieutenant Bill Beach Ken Stoll Captain J. R. Hankins Richard Davis Wayne Eddy Lieutenant Barry Saffold Bridget White Captain Dale Saffold Bill Sadler Lieutenant Cora Gentry
OTHERS PRESENT: Steve Cook, ASP Foundation Joe Thielke, ASP Foundation Mike Hocutt, ASP Foundation Penny Rubow, AWIN/DIS Randy Lann, ASP Foundation Chaplain Walter “Bubba” Smith
OPENING PRAYER:
Chaplain Walter “Bubba” Smith opened the meeting with prayer.
PLEDGE OF ALLEGIANCE:
Commissioner Allison led the pledge of allegiance.
NOTIFICATION OF MEDIA:
The media was notified of this meeting on January 4, 2010.
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Commissioner Childers welcomed the attendees and recognized guests, some with the Arkansas State Police Foundation, Joe Thielke, Mike Hocutt, Randy Lann, and Steve Cook. Commissioner Childers also welcomed her husband, Marvin Childers. Commissioner Childers stated she appreciated everybody being here today for a very special day for her and for Dr. Shepherd. She thanked Dr. Smith for opening the meeting in prayer and Commissioner Allison for leading the Pledge of Allegiance.
She announced they would elect the Commission Officers for 2010.
ELECTION OF ASPC OFFICERS OF 2010:
Commissioner Allison made a motion that Commissioner Steve Smith be elected Secretary of the ASP Commission for 2010. Commissioner Futrell seconded and the motion carried.
Commissioner Shepherd made a motion that Commissioner John Allison be elected Vice Chairman of the ASP Commission for 2010. Commissioner Futrell seconded and the motion carried.
Commissioner Christenson made a motion that Commissioner Dr. Lewis Shepherd be elected Chairman of the ASP Commission for 2010. Commissioner Smith seconded and the motion carried.
Commissioner Childers addressed the audience stating, “Before I pass the gavel, which is the next item on the agenda, I would like to say a few words to all of you that I consider my Arkansas State Police family.” She continued, “There is no way that I can recognize every single one of you and what you mean to me, so I’ve prepared a few words, and please know this is for all of you that are in this room and those that are not in this room that I’ve had the privilege to work with.” She said then, “It has truly been an honor to have served on the Arkansas State Police Commission for the past seven years. Not only have I had the opportunity to address the issues brought before the Commission with pride and perseverance, I have gained a tremendous amount of respect for this organization and its mission. I consider it a privilege to have served under Governor Beebe, a governor who is not bashful about the fact that the men and women of the Arkansas State Police are the elite. There is no doubt that he believes in the importance of this agency and its success. I also appreciate Attorney General Dustin McDaniel for the representation he has provided this organization. Not only has he provided us with legal representation, he has also taken an active role on several cases all the way through the appellate court to support the legal actions of our troops and our troopers, and we owe him our thanks. My appointment to this commission was as big a shock to me as it was to the other commissioners sitting here. But as you all know, I accepted the responsibility with a commitment and determination to be more than a governor’s appointee and to do what is best and right for the men and women of the Arkansas State Police. I hope that I have exceeded your expectations and that there was never a doubt that my intentions were honest and pure, saying that, I realize that I may be one of the most unorthodox members of the Arkansas State Police Commission. As many of you know, I am not bashful about making my position known, which has been illustrated in my voting record on promotions and other commission business or non- business. I am sure that you will agree that I never hesitated in taking a stand on things that were right and best for the State Police. I am hopeful that throughout my service, I provided an opportunity for discussion that would not have happened otherwise, and that I have encouraged and created many new traditions for this commission. One tradition that I hope will be maintained is for the commission to travel around the state for commission meetings, including hosting a meeting in their own area of the state. The event in 2004 was most memorable. Some still talk about the visit to Blytheville. This provides an opportunity to show all ASP commissioned and non-commissioned officers that what they do is important to us; so much that we are willing to travel to their headquarters. Thank you to those who have hosted our meetings in the past. Another tradition is the tailgate party in Jonesboro when ASU honors its heroes in law enforcement. This event was not held this year due to concerns about the weather, however as it turned out, the weather was beautiful on this November day and we all missed an opportunity to honor those in law MINUTES OF THE ARKANSAS STATE POLICE COMMISSION MEETING January 14, 2010 – Page 3 enforcement in the northeast Arkansas area and visit with friends and family and co- workers, and legislators and the governor, who is usually there. The tradition of the awards banquet is extremely important. I was able to play a role in planning this year’s award banquet for the past year’s, and if you’ve not already done so, please express your appreciation to the Board of Directors of the Arkansas State Police Foundation for making this event possible. This event is funded by private dollars raised by the Foundation from citizens who believe in this organization and want to show their appreciation for the work that you do on a daily basis. Some of my most fond memories of my service on this commission will be promotions, award banquet, Trooper of the Year, the Preparatory Trooper Academy, the Honor Guard, the anticipation of and the pride of meeting new recruits for Troop School, Graduation Ceremony, the Interstate Criminal Patrol, and I could go on and on and on.”
“Fellow commissioners, it has been an honor to serve with you, from Wynona Bryant- Williams to Jerry Davis, who was a dear friend of the State Police and continues to be remembered, to Roger Meek, Warren Dupwe, Steve Smith, Woody Futrell, Johnny Allison, Jane Christenson, Lewis Shepherd, and to the most recent appointee, Wallace Fowler, it has been my privilege, and I could not have handpicked a group of individuals. You all have heard me say time and time again, speaking on your behalf, that we all are most interested in doing what is best for the Arkansas State Police, and I appreciate you for that. I love you and I will miss you. To the Colonel, Lieutenant Colonel, Majors, Captains, Lieutenants, Sergeants, Troopers and support staff, thank you for your dedication and commitment to this agency and for what you do. The men and women of the Arkansas State Police are a diverse group of individuals that have chosen a career that requires the ultimate dedication and service. Many of you are asked to put your lives on the line for our safety and protection, and I will always respect and appreciate what you do for us, the citizens of Arkansas.”
“As a member of the Commission, I hope to be remembered as one who displayed the same dedication to the Arkansas State Police with extraordinary professionalism and enthusiasm. Ralph Waldo Emerson once said, ‘Nothing great was ever achieved without enthusiasm.’ I have great enthusiasm for this cause, and I promise to keep working with and for you as a member of the Foundation.”
“As an expression of our appreciation, Marvin and I pledge to make an additional contribution to the ASP Foundation on an annual basis in an amount to cover the cost of the service weapon for the Trooper of the Year, and we commit to do this for the next 10 years. We both love this organization and I am proud to be a member of the Arkansas State Police family. Thank you so much.”
PASSING OF THE GAVEL:
Commissioner Childers stated, “It is my honor to pass this gavel to you, Dr. Lewis Shepherd; I wish you the best and have enjoyed serving on this commission with you.”
Commissioner Futrell thanked Commissioner Childers on behalf of the Commissioners for her seven years of service to the State Police. He stated it had been an honor and a pleasure working with her, and she would truly be missed by the State Police. He expressed his appreciation for the trip to Blytheville with the trip up the Mississippi and the enjoyable time they all had at that time.
Commissioner Allison said he would like to echo that and let Commissioner Childers know it has been a pleasure serving with her.
Commissioner Christenson thanked Commissioner Childers for making her feel welcome when she was appointed, and reminded her she would still be a part of the Arkansas State Police in her role with the Foundation.
Commissioner Fowler said it has been a pleasure in his short time working with her. MINUTES OF THE ARKANSAS STATE POLICE COMMISSION MEETING January 14, 2010 – Page 4
Commissioner Smith thanked Commissioner Childers and said it has been a pleasure serving with her.
Commission Chairman Shepherd thanked Commissioner Childers for her extraordinary leadership as Chairperson of the Arkansas State Police Commission. He stated he appreciated the ground work she has laid and thanked her for her interest and love for the Arkansas State Police. Commission Chairman Shepherd stated, “When he was first appointed he thought he was coming to serve as Commissioner for an agency, but the Arkansas State Police is by no means an agency according to my understanding, in my heart it is truly a family and for those of us who have dealt with losses or concerns within our personal lives, you’ve risen to the occasion far above an agency showing yourselves to be a family. We have all been recipients of that. Even now as I speak we are remembering Jeff Christenson in our thoughts and our prayers who just a month ago sat in this meeting after a couple weeks of retirement. We want to continue to remember Commissioner Christenson’s husband. We want to thank Commissioner Christenson for being here this morning to show your love for this family.”
Commission Chairman Shepherd thanked Commissioner Childers for the fact that every action she carried out she had the best interest of the Arkansas State Police in mind, and it is good to know that she will continue to be a part of this 75 year tradition of the Arkansas State Police.
APPOINTMENT OF COMMITTEES FOR 2010:
Insurance Committee – Commission Chairman Shepherd advised the commissioners currently serving on this committee are Commissioner Allison, Commissioner Futrell, Commissioner Smith, and Commissioner Christenson. He then asked if those same commissioners were willing to continue their service for 2010 on the Insurance Committee. They all agreed to serve on the Insurance Committee for 2010. Commission Chairman Shepherd thanked them for their service and continued service in 2010.
Commission Chairman Shepherd advised the Arkansas State Police Foundation received a recommendation for the appointment of Mr. Choate, CEO and President of the Arvest Bank, as a new member. Commissioner Allison made a motion Mr. Choate be approved as a new member and Commissioner Futrell seconded the motion. The motion passed.
MINUTES:
Commissioner Christenson made a motion to approve the minutes of the December 17, 2009 Arkansas State Police Commission meeting, Commissioner Childers seconded and the motion passed.
WEAPON RESOLUTIONS:
Major Ed Wolfe presented the below resolutions for consideration by the ASP Commission.
R E S O L U T I O N
WHEREAS: Captain Tommy Wicker efficiently and effectively served the Arkansas State Police for a period of thirty-seven years, two months, and twenty-nine days;
WHEREAS: Captain Tommy Wicker retired from this department November 30, 2009;
WHEREAS: His departure creates a vacancy that will be most difficult to fill, which is recognized by each and every member of the Arkansas State Police Commission;
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WHEREAS: Captain Tommy Wicker has made formal request that his service weapon be retired with him and remain in his possession;
BE IT THEREFORE RESOLVED: The Arkansas State Police Commission, in its regular meeting at Arkansas State Police Headquarters, in Little Rock, Arkansas, on Thursday, January 14, 2010, in accordance with Act 547 of 2003, awards him his Glock Model 21, Serial Number DNF665, as a token of their esteem and appreciation for service devoted to the Arkansas State Police.
Commissioner Fowler moved that the foregoing motion be approved, Commissioner Smith seconded and the motion passed.
R E S O L U T I O N
WHEREAS: Captain Tommy Wicker efficiently and effectively served the Arkansas State Police for a period of thirty-seven years, two months, and twenty-nine days;
WHEREAS: Captain Tommy Wicker retired from this department November 30, 2009;
WHEREAS: His departure creates a vacancy that will be most difficult to fill, which is recognized by each and every member of the Arkansas State Police Commission;
WHEREAS: Captain Tommy Wicker has made formal request that his shotgun be retired with him and remain in his possession;
BE IT THEREFORE RESOLVED: The Arkansas State Police Commission, in its regular meeting at Arkansas State Police Headquarters, in Little Rock, Arkansas, on Thursday, January 14, 2010 in accordance with Act 547 of 2003, determines the fair market value of the Remington 11-87 shotgun, Serial Number PC515357, that Captain Tommy Wicker has carried be affixed at $100.00, and that Captain Tommy Wicker be permitted to purchase the shotgun for his personal use.
Commissioner Christenson moved that the foregoing motion be approved, Commissioner Allison seconded and the motion passed.
TOWER SITE RESOLUTIONS:
Ms. Penny Rubow, AWIN Program Director presented the below resolutions for consideration by the ASP Commission.
R E S O L U T I O N
Under the authority of Arkansas Code Annotated § 12-8-305, the Communications Site Lease Agreement between the Arkansas State Police and Nevada County Judge has been reviewed and approved by the Arkansas State Police Commission.
The Agreement shall be deemed to be in effect upon its review by the Arkansas Legislative Council, as provided by Arkansas Code Annotated § 12-8-306.
The Director of the Department of Arkansas State Police is hereby authorized to execute and administer this Agreement.
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R E S O L U T I O N
Under the authority of Arkansas Code Annotated § 12-8-305, the Communications Site Lease Agreement between the Arkansas State Police and Federal Bureau of Investigation has been reviewed and approved by the Arkansas State Police Commission.
The Agreement shall be deemed to be in effect upon its review by the Arkansas Legislative Council, as provided by Arkansas Code Annotated § 12-8-306.
The Director of the Department of Arkansas State Police is hereby authorized to execute and administer this Agreement.
Commissioner Christenson moved that the foregoing motions be approved, Commissioner Fowler seconded and the motions passed.
NEW BUSINESS:
Fiscal Report – Presented by Ms. Emma French
Ms. French presented an oral summary of the written report distributed to the Commission. Ms. French advised the second budget cut is 1.4 million, almost 1.5 million, and we have not yet looked at that but will begin tomorrow or Monday studying and working on proposed cuts. She also announced the auditors are here to begin the FY09 audit and should be here for about eight to ten weeks.
Commissioner Allison asked Ms. French if she would be reporting at the next meeting where the cuts will occur. She explained this is due at the Governor’s Office on January 25, 2009.
Administrative Services – Major Kathy Sparks
Major Sparks presented an oral summary of the written report distributed to the Commission. She reported under Human Resources/Personnel Transactions, we had one civilian new hire and four civilian promotions, the two sergeant promotions last month, but the majority of the commissioned promotions were upgrades from Trooper to Trooper First Class, and there were 29 of those. She also reported there were three civilian resignations, and one commissioned. There were two civilian retirements and two commissioned retirements.
She advised the Training Section graduated 28 recruits to troopers in December. They did report to their captains and troops on January 4th. I’ve gotten a few reports from some of them as well as from their commanders, and they seem to be progressing as they should be. Also in the month of December all the CID in-service training was completed for 2009. She reported our recruiters are actively still recruiting for the Preparatory Trooper Academy throughout the year as this is something we know we will continue to have every June or July because it is very little cost to the State Police. The Preparatory Trooper Academy is primarily funded by the Association and the Arkansas State Police Foundation. Since we are unsure whether we will have a recruit school starting this summer, we have been holding approximately 300 tests that we had done in October. We will be sending those out for scoring probably the first of next week. This is in anticipation of the possibility of having a troop school in FY11.
Major Sparks then reported on the Health Plan advising in December there was a total of 1.5 million dollars in claims. We didn’t quite hit the million dollar mark in November. She speculated much of the reason for such high claims must be due to the catastrophic claims we are covering at this time. She stated for the year our expected claims were over the projection in the amount of 1.9 million dollars, and more importantly our Stop/Loss point was over projection by 79,000, however we did receive $713,000 from the reinsurance
MINUTES OF THE ARKANSAS STATE POLICE COMMISSION MEETING January 14, 2010 – Page 7 carrier for those claims which were eligible for specific reinsurance. Because of that payment we did end up under the Stop/Loss point.
She advised as of January 1, we will transition to the new TPA, UMR which is the TPA for United Health Care network. She stated in December she had reported they had just completed all the troop meetings for members of the health plan and quite a few retirees. We have counselors in every troop to give each member an update and reminder on their benefits, but also to complete dependent verification to make sure all the dependents we have currently covered under our plan are eligible to be covered. She reported many of the retirees are attending these meetings as well. All the counseling sessions should be completed a week from tomorrow. If there are retirees or some active employees who are not able to attend these meetings because of illness or whatever, we will handle that on a one on one basis. She advised all new ID cards for both medical and dental/vision have been sent out. There are some cards which have been returned due to errors in either addresses or dependent issues. She stated it has been quite a process. She advised this change has been much more work than anticipated, but to give credit where it is due, my staff, specifically Janet Chappelle and Wayne Eddy have been invaluable.
Major Sparks reiterated it may be April or May before we can actually see any results in our Fund Balance. She noted the ending balance on the check register which showed the Fund Balance to be 2.4 million and we did purchase a CD from Centennial Bank for $3 million, so hopefully our interest income will increase.
Commissioner Allison stated he wants to be proactive with the Health Plan and decide should the Fund Balance fall below a certain amount we will react to that immediately. We don’t want to go through the 2.4 million and have to get into the CD and have nothing left. Major Sparks agreed. Commissioner Allison stated he is aware she has been working diligently on this and feels the new changes will help.
She advised the experts say there will be a bad year and then a couple good years that it is just cyclical. She said she also had to give credit to the Hatcher Agency. Dottie Highfill has been everywhere I’ve been at all the troop meetings making sure everyone is getting their questions answered. She takes her computer with her and checks their providers for them if they don’t have internet access. She advised Greg Hatcher is staying on top of this as well. He knows when to get concerned again. She stated she would like to go ahead and have an oversight meeting in March.
Commissioner Allison suggested they have a meeting in April and ask Greg to come out and go over the March figures as a proactive measure. He stated he understands before he was appointed the Legislature at one time helped the Health Plan.
Commissioner Futrell stated the Commission is responsible for the Health Plan. He asked if things were going pretty smoothly at the troops or if they were getting several complaints. She advised the meetings are going very well with no complaints. She said there were a few employees, mainly outside of Little Rock, whose providers were not in the network. Commissioner Futrell asked about the retirees, and she advised they seem to be fine with the change, especially if they are already Medicare eligible.
Commission Chairman Shepherd stated they had previously asked Major Sparks to provide them some information concerning the testing process for the ranks of sergeant and lieutenant. He advised this would be delayed at this time as they were beginning to evaluate the processes in place now to see what needs to be done, how effective it is, and there are a few months until the next testing time.
Commission Chairman Shepherd advised there will be a Foundation meeting at 11:30.
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Highway Patrol – Major Les Braunns
Commission Chairman Shepherd asked Major Braunns or Major Wolfe if there is a report on fatalities and accidents for the Christmas / New Years Day holiday, and Major Braunns advised there is a recap of the entire year in their packets. Major Braunns advised we had a very good year, ending 2009 in comparison with 2008 with an increase of 172 felony arrests; DWI arrests were up 505 opposed from 2008 to 2009. We did show a decrease in underage drinking and driving, there were 18 fewer DUI arrests. He reported our accidents decreased by 350. We did increase stolen vehicle recoveries by 37. He said the number they were most proud of was a decrease of 41 fatalities from 2008 and 2009. Seatbelt arrests, with that law going into effect in July showed an increase of 1,368. Total activity increased from 2008 to 2009 was 4,550 Officer Violator Contacts.
Crimes Against Children Division – Pam Davidson
Commission Chairman Shepherd addressed Pam Davidson regarding the increase of 11% in calls received on the Hotline and about that same percentage of calls accepted for December.
Ms. Davidson advised she did not have CACD’s annual statistics together yet, but December was a busier month than anticipated. She reported overall for 2009 they had 2,500 more calls to the Hotline than in 2008. Over 4,000 more were accepted, and the investigators were assigned 395 more investigations than last year. She advised they were still working on gathering all the specific data.
ASPC Stipend/Expense Reimbursement Approval
Commission Chairman Shepherd called attention to Act 1650 of 2001, which states that state boards may, by a majority vote of the total membership of the board, during its first regularly scheduled meeting of each calendar year, authorize payment to its members of a stipend not to exceed sixty dollars ($60.00) per meeting. Commissioner Christenson made a motion to authorize payment of the $60 stipend for 2010, Commissioner Childers seconded and the motion passed.
Commission Chairman Shepherd asked what the current rate of mileage reimbursement was being paid, and was advised it is 42¢. Commissioner Allison made a motion to approve mileage reimbursement for each Commission member for performing official board duties during the calendar year, 2010. Seconded by Commissioner Futrell and the motion passed.
Colonel Phillips advised he wanted to address the reduction in our budget which has already been covered. He thanked the Fiscal Office and Lt. Colonel K’Nuckles for the extra work they have done to see that we reach this reduction without dismissing personnel and without decreasing our services to the people of Arkansas. He advised there are no plans for layoffs, and he wanted to let everyone know he will be here through the economic problems.
Commissioner Allison congratulated Captain Lance King for how well he did on national television at the Liberty Bowl.
EXECUTIVE SESSION:
At 11:03 a.m. Commission Chairman Shepherd announced the Commission would retire into Executive Session to discuss personnel matters. The Open Session resumed at 11:46 a.m. Commission Chairman Shepherd asked if the Colonel had any recommendations at this time.
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Colonel Phillips advised he had a request from Stephen Simmons to be reinstated as a trooper. Colonel Phillips’ recommendation to the Commission was not to approve reinstatement of Mr. Simmons. Commissioner Fowler made a motion to not approve the reinstatement of Stephen Simmons, Commissioner Futrell seconded and the motion carried.
Colonel Phillips stated he had a request from Troy Brown, a former employee asking to be reinstated as a trooper. Colonel Phillips’ recommendation to the Commission was to approve the reinstatement of Troy Brown. Commissioner Allison made a motion to approve the reinstatement of Mr. Brown, Commissioner Fowler seconded and the motion passed.
NEXT MEETING:
The next regular scheduled meeting of the Arkansas State Police Commission will be held on Thursday, February 11, 2010 at 10:00 a.m. at the Arkansas State Police Headquarters, Little Rock. Commission Chairman Shepherd clarified that the 75th Anniversary Awards Luncheon will be Friday, March 19, 2010 at 11:30.
There being no further business to come before this meeting Commissioner Shepherd adjourned the meeting at 11:50 p.m.
______Commission Chairman
______Commission Secretary