DPSOA Meets with Col. Steve McCraw
Regarding the Secondary Employment Policy
On Friday, August 21, 2009, Col. Steve McCraw met with DPSOA Vice-President Gary Chandler and me, along with TSTA attorney Don Dickson and executive director Claude Hart to discuss the newly developing secondary employment issue and several other, far ranging issues. I appreciate the Colonel’s willingness to meet with us and consider our concerns.
At the outset of the meeting I clearly stated that the DPS Officers Association opposes the revised Secondary Employment Policy changes.
Col. McCraw offered some clarifications to the Policy. If you are in CLE, or are an executive manager (captain and above), and are currently working an approved extra job, you will be permitted to continue to work that job. When your HQ-43 is up for renewal on 3/31, it will be able to renew. But no new jobs using any police uniform (DPS or generic) will be approved, and people who promote into CLE from this time forward will not be granted approval to work extra jobs in uniform, DPS or generic.
If your extra job involves working all of the events at a particular venue, you will be able to continue to work those events in uniform, even though you might get paid by a different entity for each event, subject to the usual conflict of interest policies.
We discussed several other topics, including promotion policies, recruiting, patrol schedules, evaluations, the organizational chart and redistricting. Some things are likely to change quickly, as they already have, and others, like perhaps changing the FLSA standards or receiving appropriations for overtime or “availability pay”) will take a lot more time, effort, and legislative funding.
The DPS Officers Association, as an advocate for our Members and for the Department, will provide vital support in bringing about the positive change that the Deparment is trying to implement. It is through our size and the political clout of our PAC, that DPSOA will be able to help bring about the necessary political will and funding to complete these changes. With our 3,400 Members, DPSOA has the unique role in moving these changes forward. I appreciate your feedback and your continued support of the DPSOA and your critical contributions to the DPSOA PAC Fund.
Brian Hawthorne
President
DPS Officers Association
Below is the summary of Friday’s PSC Meeting.
Public Safety Commission
Meeting Friday, August 21, 2009, 10:30 a.m.
Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg E
Austin, TX 78752
SUMMARY
(This report represents a summary of events of the meeting,
and is not necessarily complete nor an exact transcript of testimony.)
The Public Safety Commission convened as posted to consider and take formal action, if necessary, on the following agenda items:
I. CALL TO ORDER
10:36 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, and John Steen. Comm. Ada Brown was not in attendance. Also present were Col. Steve McCraw, Lt. Col. Lamar Beckworth, General Counsel Stuart Platt. A quorum is present.
Chairman Polunsky, Brian Hawthorne, Gary Chandler
II. APPROVAL OF MINUTES
Minutes were approved unanimously.
III. PUBLIC COMMENT (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)
After 36 years and 9 Directors, Dorothy Wright has announced her retirement. She began assisting the Directors in 1980. Chairman Polunsky thanked her for her exemplary service and Ms. Wright was acknowledged with a standing ovation.
Scott Henson, Austin, TX – I run the Criminal Law blog, “Grits for Breakfast”, commenting on the Driver Responsibly program. I hope you will open your meetings on these programs, and I appreciate being able to participate in the dialogue.
Senator Eliot Shapleigh, El Paso. Les Dura, Law Student researcher, and Judge Earl, Municipal Judge in Travis Co. The Driver Responsibility Program was to add a surcharge to certain violations including DWI, driving without a license, driving without insurance, etc. Neither the Texas Mobility Fund nor Hospitals have received a penny of these surcharges as intended by the statute. I hope to be able to address this problem in the next legislative session. One in nine people have warrants out for them in El Paso (11%) due to this program. The numbers were similar in Travis County (Austin). A one-time infraction costs $1,000. Suspended license – $1,000. We have a 70% non-compliance rate, since many violators are not able to pay the surcharges. The LBB said that it has lead to more uninsured drivers on the road. It fails to make roads safer. More than 1,080,000 drivers cannot pay.
Comm. Barth asked what percentage of the violations were DWI. Did you research who was at fault in wrecks that involved drivers who were not insured. Mr. Dura said that that was not a statistic that they had on hand.
Elizabeth Earle, County Court Judge, Travis County. We want to hold people accountable. We hear “I will never be able to climb out of this hole; Just put me in jail.”
Sen. Shapleigh took the opportunity to thank DPS for the difficult job that they do every day. He was particularly thankful for the work that the Department does in curtailing the drug cartel wars along the border. Chair Polunsky thanked the Senator for his comments. Comm. Clowe also thanked Sen. Shapleigh, and said that our new Col. is indicative of our commitment to this problem.
Pamela Ann Sharon, Freer, Duval County. – I am a certified speech teacher. I have been a victim of cyber stalking and harassment. People have found out that I am an animal lover, and have killed my dogs, and thrown animal parts into my yard and other crimes against my property. They post false statements about me stating that I abuse animals (I only spay and neuter animals). They altered my DL photo to make it look like a mug shot in a jumpsuit. I have tried to contact the Rangers at the recommendation of an old friend, who was a retired Ranger. I am frustrated that despite arrest warrants being issued, no action has been taken.
We will turn this over to the Director’s office.
IV. DIRECTOR’S REPORT
Col. Steve McCraw – We have had several success stories, that I am happy to report on, including a cooperative effort to thwart a kidnapping.
I do not disagree that the Driver Responsibility program needs some adjustment, and Chief Michael Kelly has been working on a report to address this issue.
One of my first charges when taking my new position is to review and begin implementing the recommendations of both the Sunset Commission and the Deloitte Study. These will be addressed later in the meeting. Two appointments have been made. Michael Kelley is the new permanent Chief of Drivers License, and Amanda Arriaga, newly named Chief of Government Relations. Ms. Arriaga is an attorney who has worked in the Governor’s Office on Homeland Security.
Col. McGraw asked Chairman Polunsky to present a certificate from the Governor thanking Dorothy Wright for her outstanding service to the State. Again, Dorothy Wright received a standing ovation from the audience.
Equipment Issues – in our tactical update, we are getting flack jackets for troopers on the road, as well as other needed equipment such as tasers and flashlights. Troopers currently have Level 2 protection, but we have identified stimulus funds that will enable us to spend the $2.4 million for Level 4 protective armor for our HP Troopers.
The Job Task Scenario clearly needed adjustment particularly for our female troopers and some of our older troopers, so we are allowing extended time for the JTS in Austin, so long as the participant is exhibiting a constant effort. The Colonel will be meeting on the 25th with a group to discuss possible adjustments to the PRT.
The Discipline Matrix – we need to standardize the punishment across the state. We need to be able to make it clear that the Department will not tolerate any prevarication. A lie will be an immediate cause for termination.
The Commission and the Colonel is also very interested in following up on fire safety issues that have been brought to the attention by Sen. Juan “Chuy” Hinojosa.
Comm. Steen – what have been the 3 biggest challenges so far:
- Licensing – both DL and Concealed Handgun Licensing.
- The high caliber of people at DPS has been the most rewarding, however we are embracing mediocrity – this needs to be addressed.
- The IT systems need to be in place to address these programs.
V. NEW BUSINESS
A. Update, discussion and possible action regarding formulating policy of
recommendation to schools with respect to shutting down the schools due to H1N1
Chief Jack Colley – I have asked representatives from the state, Judy Lawrence, Texas Education Agency, and Dr. David Lakey, Commissioner of State Department Health Services. We have met with the Governor many times.
Dr. Lakey stated that Texas has been on the forefront. As of Aug. 1, we have had about 5,000 confirmed cases (probably about 1/10 of the actual number. In perspective, we usually have about 1.5 million annual cases of seasonal flu. It has become the first pandemic in 40 years, having spread worldwide. There are 5 vaccine manufacturers, and we expect a supply in Texas by mid-October. We has a joint Summit with about 600 in attendance in conjunction with the Governor’s Office of Emergency Management.
Ms. Lawrence said that they assumed this would be a pandemic, but didn’t expect it to happen as soon as April, and we didn’t expect it to happen in Texas. The community mitigation and fast action of Jack Colley’s Emergency Management Team saved the state billions of dollars and possibly human life. School teachers have dealt with sick children since the beginning of time, and we are working with schools from the ISD superintendants all the way down to the teachers. Schools will not be closed based on 1 or more H1N1 cases or seasonal flu. There is a threshold that will trigger closing, but that capacity will be different for all schools based on a number of factors, but never based on the money. Only safety and health of the children will come into play. County Judges and Mayors will be the point of governance for these operational decisions.
Comm. Steen asked what is the difference between H1N1 and Seasonal Flu. Dr. Lakey – Every year we have a tweaking of the seasonal flu virus, but every once and a while, you get a major change to a virus, and the body and the typical immunizations do not effectively treat the new strain.
Chief Colley – “You plan the most where you have the greatest risks”. This includes schools, and major events (where 1,000 or more are gathered), including disaster evacuations.
Comm. Barth – How quickly will you be able to vaccinate once the vaccine is available. 45 million doses will be available country wide, and I expect about 4 million doses will come to Texas. At risk includes pregnant women, families with children under 6 mos., college students, etc. We intend to have the vaccine available to all who would like to get it (voluntary, not mandatory).
Chairman Polunsky asked Tele Mange to prepare a Press Release to outline what the state is doing in preparation for this pandemic.
B. Update, discussion and possible action on providing permanent generators
Chief Jack Colley – I anticipate having permanent generators along the Texas coastline, Beaumont, Lufkin, Houston, Victoria, Corpus Christi, by September 15, as you requested at the last PSC meeting.
C. Update, discussion and possible action regarding the recruitment policy committee
Since Comm. Brown isn’t here, we will add this to our next PSC meeting agenda. We may get a letter from Comm. Brown with updated information in the next few days.
D. Discussion and possible action regarding the overtime and compensatory time policies for Department employees
This is also one of Comm. Brown’s issues, and we hope to get a report in writing on this issue as well.
E. Discussion and possible action regarding procurement of law enforcement equipment, additional body armor (Level 3 flak jackets), and other operational support items to commissioned personnel
Equipment Issues were discussed in the Director’s Report.
F. Discussion and possible action regarding Executive Management salary specifically the Director of DPS (formal procedure statutory requirements)
Chief Oscar Ybarra, Finance – the 81st Legislative Session allowed an increase for the Executive Director to $162,000, which will require action by the Commission. The Commission passed the motion unanimously, effective September 1.
G. Discussion and possible action regarding bad check debt accounting
Chief Ybarra – The NSF checks totaled approximately $700,000. This is less that 1%. Comm. Barth said that as a law enforcement agency, anything above 0% is unacceptable. Chief Michael Kelley – Drivers License – DL’s can be revoked, and this is an option we are looking in to. Chair Polunsky asked to have DL revocation discussed as an option for any NSF check issued to the Department.
H. Executive search firm services for management positions, interview processes for those positions, status report on the search and possible action regarding the employment of management position candidates to include the Inspector General and Chief Financial Officer
Commissioners Barth & Clowe and Lt. Col. Beckworth – Comm. Barth – Inspector General position is ready to be posted. We hope to have someone in place by mid October. Col. McCraw – we have the CFO position open, but we haven’t had any suitable candidates. We continue to work with Corn Ferry to fill these positions.
Counsel Stuart Platt – As of Sept. 1, 2009, the Office of Inspector General is mandated to be in place by the Texas Legislature. The responsibilities of Internal Affairs will shift to the Inspector General, and eventually be phased out.
I. Discussion and possible action on Department asset forfeiture policy and procedure
Col. Beckworth – approximately 4-5 months ago, I gave an accounting of how forfeited assets were used, and we have been developing a new policy. In the past, each Division has used their own seized property. We have centralized the process into a seamless, transparent department.
J. Discussion and possible action regarding purchases using seized funds
Col. Beckworth – The Texas Data Exchange Program, TDEx, The cost of running TDEx, will require $4.1 million dollars that we recommend using from seized funds. Col. McCraw – we have identified some stimulus funding that will help as well. I feel that the $4.1 million will be a great investment for the Department.
A motion was made to approve the use of $4.1 million, and seconded. The motion was approved unanimously. This will leave approximately $13 million in the seized assed fund.
K. Discussion and possible action regarding Texas Data Exchange (TDEx) contracting for FY2010
Chief Ybarra & David Gavin – we have applied $13.7 million from stimulus money, and another $17 million from the Governor’s office. This will enable us to add the 640 other agencies that we would like to get on board with TDEx.
The Commission voted unanimously to approve continuing the program.
L. Update and discussion regarding the pending issuance of approximately
$110,625,000 in bonds, pursuant to previous approval from the Texas Bond Review
Board, the Legislative Budget Board, and the Public Safety Commission
Chief Oscar Ybarra introduced two representatives who will be responsible for selling the general obligation bonds for the state. We will be moving forward with these construction projects, totaling $200,000,000.
Dwight Bond – the market is very good for these bonds. Texas has an AA+ bond rating, just below the highest AAA (recently upgraded). Only a few states have a higher rating – including Virginia. These are 20 year bonds, with a 10 year call date, and approximately 3.5% return.
M. Update, discussion and possible action regarding energy savings performance contract
Asst. Chief Fulenwider, Administration – We contracted with Enesco to monitor our energy consumption, and is paid through a guaranteed savings. The TAC project has been on hold for much of 2009, awaiting legislative action (which never came). The project includes $8.4 million in energy improvements. The contract is up for renewal in 10 days, and the Dept. could forfeit $191,000 if we do not renew. The Commission (Chair Polunsky and Comm. Barth) were very concerned that the contract came up for renewal 10 days prior to when it was due. Col. McCraw stated that this would not happen again. Chair Polunsky said that Col. McCraw was correct. Chairman Polunsky instructed Col. McCraw to address the Department’s contracting issues to ensure that this type of thing does not continue to crop up and surprise us.
The issue was deferred until a later time.
After the Executive Session, Comm. Barth made the motion to extend the contract for 90 days at which time it will be re-evaluated. Counsel Platt said that he would have to negotiate it but he didn’t feel that it would be a problem.
N. Discussion and possible action on continued use of written transcriptions of meetings
Comm. Steen – the new minutes are working very well, and we may no longer need the written transcripts. Counsel Platt’s office uses the transcripts from time to time to see if there was an actionable item. We have audio recordings of the meetings. Mr. Platt has no objections to eliminating the court reporting transcripts. We may need to accommodate the hearing impaired, but that can be accommodated.
Comm. Clowe – We do not have the public fill out witness testimony forms. Counsel Platt said that he would initiate the witness testimony form. Comm. Clowe stated that he has never been in favor of summary minutes. I prefer transcriptions. I am not comfortable with summary minutes as our only record of these meetings.
Counsel Platt suggested that the Department could index both the audio and the transcripted meeting files to the meeting agenda.
Comm. Steen moved to cancel the court reporting verbatim transcription service, seconded by Comm. Barth. Comm. Clowe voted NO, but the motion passed.
VI. ADJOURN INTO EXECUTIVE SESSION (if required) to consult with legal counsel regarding pending or contemplated litigation or settlement offers or to receive legal advice on items posted on this agenda; deliberation regarding real estate matters; consideration of any other items authorized by law, including personnel matters, the Directors action of discharging employees as identified in this agenda; ongoing criminal investigations
Adjourned: 1:30 pm
Reconvened at 4:07 PM
VII. ONGOING BUSINESS
Reports, discussion, deliberation and possible action regarding the following:
A. Implementation of Driver License System, and options regarding implementation
B. Update report, discussion and possible action on transformation of the administration of the Driver License Division to a civilian model
C. Presentation, discussion and possible action regarding the Drivers License Division- Driver Responsibility Program, to include discussion of the Vendor Management HQ-
08-37contract extension; Legislative intent for DRP implementation; possible action to develop an incentive, indigence, and amnesty program for drivers charged with DRP fees; and vendor results for collection under the contract
Michael Kelley, Chief of Drivers License Division – With the Commission’s permission, asked to address items A, B, and C together.
We are averaging between 39% – 61% increase in processing time with the new DL system. This is the problem that we have to address immediately. Instead of scrolling down two screens of information, the new system has 5 screens of information.
We are having a difficult time processing all of the DL’s with a shortage of FTE’s. We will need 74 examiners to provide the road tests for teen drivers. Comm. Barth asked if it would take a min. of 40 minutes per applicant. We need to look for ways to streamline the process and cut the time. The numbers won’t work, otherwise.
We had 27 new supervisors trained in the new civilian model at the training school.
Driver Responsibility Program – this becomes a circular problem
- Amnesty/Indigency Program – Sept.1, 2009
- Incentive Program – Reduce 1st fine, and reduce subsequent and take counseling.
- No insurance – various reductions. Instead of paying more to DPS, ensure that they get the insurance.
- Driving while license is invalid – reduce the fees.
There was a great deal of discussion about whether to just apply these changes going forward to new Driver Responsibility participants, or to add in a retroactive element. It is unknown what fiscal impact that these changes would make, since we do not know how much it will affect compliance. It was suggested that the commission approve both in two separate motions.
Comm. Clowe made a motion that the Commission publish a rule and schedule a public hearing on the rule based on Chief Kelley’s indigency proposal, and that that Chief Kelley’s proposal be implemented as soon as possible upon approval of the Commission.
The motion was seconded and approved unanimously.
Comm. Clowe also asked that Chief Kelley’s proposal to address the indigency issue on a retroactive basis, subject to it being constitutionally acceptable, and that a public hearing to collect comment on the proposal be held. If approved by the Commission, the proposal should be implemented as soon as possible.
Commissioner Barth recommended signing a 1 year contract with MSB beginning Sept. 1 with an option to renew 4 times on a 1 year basis. Chair Polunsky suggested leaving it intact for now, since it can be pulled and cancelled at any time. Comm. Barth pulled her motion.
D. Discussion and possible action regarding security measures for Department
No action necessary.
E. Discussion and possible action to include: procurement of a project management contract for the purpose of implementing organizational changes and possible next steps in planning regarding the development and administration of the project management plan and project management office for reorganization of the Department
Comm. Clowe – I think Dir. McCraw would have a comment. Comm. Clowe recommends that the Comm. Drop the project management office for Col. McCraw’s “Chief of Staff” and appreciates the level of communications.
F. Discussion and possible action regarding Department organizational structure
San Antonio and El Paso would become Regional HQs, while Waco would no longer be a Regional HQ, but a District Office, and the Capitol would no longer be a Regional HQ.
The Office of Homeland Security will be moved from the Governor’s Office to the Department of Public Safety (5 staff members). This will become official when the Governor’s Chief of Staff provides a Memo to the DPS.
Region 3 has 4 CoGs.
Comm. Barth moved to approve the organizational chart with the suggested amendments in Licensing (having two Asst. Directors: Regulatory Licensing and Drivers License) as well as the Regional Structure The motion was approved unanimously. Col. McCraw will report back to the Commission regarding the fiscal impact of the salary proposals (Director= $162,000, Asst. Directors = $147,500, Chiefs = $120,000).
Captains or above can apply for the Regional Commander Positions.
Some of the recommended appointments (subject to PSC approval) are:
Government Relations (Chief?): Amanda Arriaga (newly hired to replace Michael Kelley in this position)
Public Information & Media Relations: Tele Mange
General Counsel: Stuart Platt
Equal Employment Opportunity: Rhonda Fleming
Office of Dispute Resolution: Kevin Casey
Deputy Director – Law Enforcement: Lamar Beckworth
Deputy Director – Services: TBA
Assistant Director – Intelligence & Counter Terrorism: Fred Burton (from private sector)
Assistant Director – Highway Patrol: David Baker
Assistant Director – Criminal Investigations: Tom Ruocco
Assistant Director – Texas Rangers: Tony Leal
Assistant Director – Emergency Management: Jack Colley
Assistant Director – Information Management: Brad Rable
Assistant Director – Law Enforcement Support: Mike Simpson
Assistant Director – Finance: TBA
Assistant Director – Administration: Valerie Fulmer
Assistant Director – Regulatory Licensing: John Jones
Assistant Director – Drivers License: Michael Kelley
Director Steve McCraw asked the Commission to consider the following salary levels for the new organizational positions:
Director: $162,000.00 (approved today as authorized by the 81st Legislature)
Deputy Director: $157,500.00
Assistant Director: $146,500.00
Chief: $120,000.00
G. Update report on 75th “Diamond Jubilee” Anniversary of the Department
No discussion today due to time.
VIII. REPORTS
A. Commission member reports and discussion
Still searching for Inspector General.
B. Budget Matters (Oscar Ybarra)
Nothing new to report.
C. Audit & Inspection Report (Farrell Walker)
Chief Farrell Walker – you have my report including Audits underway and completed. I’m hoping to have a Performance Measure Audit report for you by mid September which should be a great benefit to the Colonel in moving towards more performance accountability.
D. Division status reports on activities and action
Wayne Muller – Licensing and Regulation – Yearly CHL applications continue to rise. We are currently about 16,000 licenses backlogged, but we should be able to issue about 8,000 in the next week.
Chief Baker, Highway Patrol – showed the new recruiting vehicle that has a graphic wrap to impress potential candidates. The recruiters love the vehicle, and feel that it will help them do their jobs.
President Brian Hawthorne, Chief David Baker, & John Pike stand beside the new Recruit Tahoe.
IX. CONSENT ITEMS
The following items may be discussed and acted upon in a single motion or discussed
separately as determined by the Commission
A. Discussion and possible action to authorize the Department to accept the donation of the following: Economic Development Corporation of Weslaco (proposed donation of approximately 21.29 acres in Hidalgo County on which the Department can build a regional office); Colorado County (proposed donation of a radio tower, a communications shelter, and a generator); Mainline Information System (proposed donation of resources to convert mainframe devices to newer technology); Deloitte Consulting Services LLC (proposed donation of services for the Driver License Reengineering project). Donations are authorized by Government Code Section
411.013
B. Discussion and possible action to acknowledge the following entities that donated information technology resources for the purposes of responding to the Conficker virus: AT&T; Cisco Systems Inc. Acknowledgement of donations is required by Government Code Section 575.003
C. Discussion and possible action on the Director’s action of discharging probationary
employees: Frevelander Fredricks and Leigh Ann Erwin (Tx Gov Code 551.074)
D. Discussion and possible action on appointments of Special Rangers and Special Texas Rangers pursuant to Government Code chapter 411, Secs. 411.023 & 411.024: David C. Sandlin, Jimmy L. Willey and Thelbert Millsap
E. Discussion and possible action to advise and consent to appointment of members of the Department’s management team pursuant to Government Code 411.0071 and
411.006
F. Discussion and possible action to appoint Vehicle Inspection Advisory members: Kathryn T. Pingsterhaus, John Kenneth Long, Roy David Baird
Motion to approve all six Consent Items and seconded. Passed unanimously.
X. ITEMS FOR FUTURE AGENDAS
None offered
XI. DATE FOR FUTURE MEETINGS
September 17, 2009
XII. ADJOURN
Adjourn: 6:12 pm
The Commission may take items out of the order in which they are posted on this agenda. Also, an item that has been adopted, passed upon, delayed or tabled for a later meeting may be considered or reconsidered at the same meeting.
Message from the President 