DPSOA Public Safety Commission Meeting Summary – September 16, 2010

   Public Safety Commission
   Meeting
September 16, 2010 – 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
10:30  am  Chairman Polunsky called the meeting to order. In attendance: Chairman Allan Polunsky, Commissioners Carin Barth, Tom Clowe, John Steen, and Ada Brown. Also present were Director Steve McCraw, Dep. Director Lamar Beckworth, Dep. Director Cheryl McBride, Chief of Staff Duke Bodisch and Interim General Counsel Duncan Fox.  A quorum was present.

II. APPROVAL OF MINUTES
A motion and second was made and the 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 and must complete a Public Comment Registration Card located at the entry)

 

Lt. Jimmy Jackson Presents Check to Jubilee Co-Chairs Barbara Hinesley and Lamar Beckworth and to Dir. McCraw

 DPSOA Secretary/Treasurer, Jimmy Jackson, Lieutenant, Tyler, presented a donation check in the amount of $5,000.00 to 75th Anniversary Diamond Jubilee Co-Chairs Barbara Hinesley and Lt. Col. Lamar Beckworth and to Director Steve McCraw.  This check brings the total amount donated to the Diamond Jubilee Committee by DPSOA to $13,000.00.  These funds were proceeds from the sale of 75th Diamond Jubilee Memorabilia that DPSOA volunteered to handle.  Any excess funds from the Jubilee are to go to the DPS Memorial Fund.

IV. DIRECTOR’S REPORT
Director Steve McCraw -  Col. Beckworth and I presented an award to Barbara Hinesley for her part in making the Diamond Jubilee a great success.

Director Steve McCraw – We are collecting data and information on several matrixes and will be making them available on a DPS dashboard. Some of the information that will be available for evaluation and reporting includes:
Licensing
• CHL licensing – 74,830 licenses issued over the last fiscal year
• Cost to DPS for CHL licensing – $5 million
• Revenue generated by CHK licensing – $10,822,000
• Law Enforcement Services
• Crime Records – 7,900 queries
• 1,206,000 hits on the website

Crime Lab services (18 different tests offered)
• 28 million tests submitted overall
• 2 million breath analysis
• 47,256 blood alcohol tests
• 5,257 DNA examinations
• 1,000 firearms tests
• 6,000 toxicology tests

These services are provided at no cost to other law enforcement agencies throughout the state.  We are running a 283 day backlog on DNA Tests and would like to cut that to 180 days.  We have a 52 day backlog on toxicology exams.
Highway Patrol
• 1,967,000+ patrol hours
• 845,000+ CVE hours
• 14,837 High profile encounters (dangerous suspects)
• 76 hits related to terrorism
• 119,000 lbs. of marijuana seized
• 17,000 lbs. of cocaine
• 297 lbs. of meth
• 1,345 stolen vehicles
• 25,305 DWI arrests
• 1,204 Accident investigations
• 7,337 unsafe commercial vehicles removed from the roadways
• 1,285 Commercial drivers taken off the road

Commercial vehicles are involved in 15% of fatal auto accidents
Texas Rangers
• 859 Felony arrests
• 6 major initiatives underway currently
• 4,000 hits of meth
• 9,000 lbs. cocaine
• 402 lbs. heroin
• $23,000,000 in Cash

Recruitment and Training – We have centralized recruitment and training, with one person in charge and accountable for recruitment, training and graduation.  We are raising the bar for minimum reading level of our recruits from grade level 9 to grade level 14 (2 years of college). We will be assigning a mentor to each recruit; a Sergeant from the duty station that the recruit has requested will be available to the recruit and his/her family throughout the academy and to the graduation. This will begin with the next recruit class.
• B2010 – 26% attrition; from 53 to 39 (8-9th week)
• C2010 – 25% attrition; from 55 to 41 (5th week)
• Highest attrition rate over the last 10 years – 28%
• Lowest attrition rate over the last 10 years – 13%

Commissioner John Steen asked Col. McCraw what he would set as a goal for attrition in the recruit classes.  Col. McCraw said that he would like to see it at around 10%.  He also stated that DPS will start classes with 60 recruits (up from 50) and will recruit year-round.
Commissioner Ada Brown asked if DPS conducts exit surveys with those who do not make it through graduation.  Deputy Director Lamar Beckworth responded that DPS currently does exit interviews, but will be doing more extensive interviews going forward.  The information gathered in those interviews will be carefully evaluated and be useful on the front end with the evaluations and screening of new recruits. Comm. Brown added some of the problem seems to be the shift from “theoretical” to “practical”; transitioning from the idea of law enforcement to the physical and mental requirements of law enforcements.
Director McCraw discussed the rise in cross-border violence.  He mentioned the 24 murders across the border from Brownsville (Matamoros) and the bullets that came across the border in El Paso, closing I-10.  Col. McCraw discussed the Mexican Drug Cartels’ rising use of trans-national gangs to move drugs, cash, and stolen vehicles.  He said that the rise in the violence of these trans-national gangs has prompted us to raise the threat level along the border to Tier 1. We are aware of the very real threat from terrorist groups including Al-Queda, Hezbolah, and Hamas, including car bombs. We have established a policy to address the IED part that is being used nationally. We have established an enterprise wide intelligence department to process the State Intelligence Estimate.  There is a mandate to develop and report a state assessment on gangs.  Gangs have become the most significant organized crime threat in Texas.  Gangs recruit in prisons and in schools. There has been 150% increase in crimes related to gangs (not an exact number).  Gangs will proliferate.  We are working on a statewide gang strategy using a team approach.  One of our team partners will be the prosecutors.  Houston is ground zero in terms of trans-national gang crimes.  Other major metropolitan areas are also very active including Dallas/Ft. Worth, El Paso, San Antonio, Austin and Amarillo. Col. McCraw referred to it as the CONPLAN – Terrorist Attack and Significant Criminal Response Plan.  This has been adopted by the Department of Justice.
V. NEW BUSINESS
A. Presentation on DPS Memorial Ride
Trooper James Colunga, Waxahachie and Trooper Dub Gillum, Granbury – I came up with the idea and last year we had 12 riders, and this year we have 30 riders, including Col. McCraw.  Next Saturday, we will leave from Headquarters at 8:00 am for the 33 mile ride.  This is similar to the Police Unity Tour Ride, with unity being very important.  The Department is offering 4 hrs. of administrative leave for the riders.  I want to build a new memorial on the new site.  I want to provide more “personality” next to the names of the fallen officers.  1. Raise money for the memorial. 2. Raise money for the disability fund.  Trooper Gillum said that the goal, down the road, is to combine all groups, including DPSOA, TSTA, etc. to pool the funds to provide benefits for our fallen troopers..  We would like to see it grow into something like the DPS 100 Club, similar to the Houston, Dallas, and others.  We would also like to tap into the resources of the Commissioners to help us achieve our goals of raising funds. 20% of funds will go to administration, with half of the remaining going to the memorial fund, and half will go to the disability fund.  We anticipate $200,000 – $300,000 for the memorial.  So far we have approximately $4,000.

Comm. Clowe asked about their 501C3.  You have a Board and Trooper Colunga is the President.  Trooper Gillum sits on the Board.  We will have a short ceremony at 11:00 or 11:30 back at the end of the ride at the Academy and  we welcome anyone to attend.
 

B. Report, discussion and possible action to appoint search committee to retain new General Counsel
Chairman Polunsky suggested appointing a committee to include Comm. Brown and Comm. Steen to work toward selecting a new General Counsel.  Dir. McCraw will also be involved in this Selection Committee.  At this time I do not feel that it will be necessary to use a search firm for this job.
Motion by Barth, second by Clowe to form the Search Committee with Commissioners Brown and Steen, working with Dir. McCraw.

Passed unanimously.

C. Report, discussion, and possible action to authorize the Department to request approval to use unexpended local border security funds to enhance aerial surveillance along Texas/Mexico border for border security operations and transnational gang investigations
Col. McCraw requests that we move this to move to new business.

D. Report, discussion and possible action regarding proposed FY 2011 OAI Plan and role of Commission contact in audit and inspection processes
Steve Goodson, Assistant Director of Audits and Inspection – A systematic approach for moving forward.  There are 14 primary projects, and 16 secondary (alternate) projects.
Motion by Steen, Seconded by Clowe to approve the project lists.
Passed unanimously.

Steve Goodson – Contact Commissioner Concept – aligns the Commissioners with specific projects so that there is coordination and oversight for these projects.
Motion by Barth, Seconded by Steen.
Clowe asked how the Commissioner is assigned.  Mr. Goodson said that he seeks preferences from the Commission and then facilitates the assignment.
Passed unanimously.

E. Report, discuss and possible action regarding Driver License Division Reorganization and Improvement Plan
Assistant Director Rebecca Davia – Drivers License Division.  Believe me, I have received the message that we need improvement.  I am hear to present a plan
Improve our customer service
Protect Safety and Security
Improve Employee Environment

• We need to provide easy to access and easy to understand information to the consumer.
• Minimize process time.
• Comfortable and accessible transactions for the customers (much online).
• Provide interesting and useful information about DL operations

We have 24 projects identified for FY11 which began on September 1, 2010

3 projects will have significant impact.
• Business intelligence data – need the information to
• DL/ID Initiative Requirements – more than half of our customers require 2 or more trips to complete their transaction.
• Customer flow initiative – cues customers by types of transactions, so simple transactions are not tied up behind the longer, more complex transactions.

These problems were not created overnight, and will not be solved overnight, but we hope to make significant improvements.

AD Davia went on to show a proposed DL Division organizational chart, using “customer” as a key element in the structure. Four major areas: Customer Operations = Field Offices; Customer Support = Headquarters; Technology Solutions; Policy and Business Solution.

Comm. Steen asked how the progress would be measured.  AD Davia said that DL will be using a matrix to track and evaluate and provide it in a dashboard format similar to the one the Director alluded to previously.

Director McCraw stated that the goal should be no more than one hour wait/transaction time.

Comm. Barth discussed the need to get legislative support for improving the DL division and process. She also suggested looking at ways to streamline, automate, etc. the processes to eliminate unnecessary paperwork and processes to achieve an efficiency level needed. Comm. Barth stated that she wants to see some very specific, quantitative matrix outlining results.

Comm. Clowe suggested that tough decisions will need to be made regarding utilization of assets and resources.  We may need to close some underutilized offices and move the resources to the urban areas where the wait times are excessive.

Motion by Steen, seconded by Barth to approved the Reorganization and Improvement Plan.
Passed Unanimously.

Comm. Clowe asked to have a progress report for DL to be added to a Commission Meeting at least once a quarter routinely.  Chairman Polunsky agreed and directed Commission Assistant Douherty to make a note of that.

F. Report, discussion, and possible action regarding the adoption of a negotiated rulemaking policy as provided under Government Code 411.0044
Acting General Counsel Duncan Fox – moved to authorize the proposed new rules.  Motion was made and seconded. 
Passed Unanimously.
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 Director’s action of discharging employees as identified in this agenda; ongoing criminal investigations
Adjourn to Executive Session at 12:38 pm.
Reconvene at approximately 2:15 pm.

VII. ONGOING BUSINESS
Reports, discussion and possible action regarding the following:
A. Discussion and possible action regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a member of the Department or Commission management team
Not present for this discussion.
B. Committee report on 28-day work cycle and Overtime and Compensatory Time policy
Not present for this discussion.  Was informed that there was not much said on this topic.
C. Update report, discussion, and possible action by the Commission regarding modification and transformation of the DPS organizational structure approval of personnel placements and salaries to pursuant to Government Code chapter 411, Secs. 411.005, 411.006 and 411.0071
Col. Steve McCraw recommended that DPS raise the Assistant Director of Homeland Security to the level of Deputy Director of Homeland Security.
Motion was made by Steen and Seconded by Clowe to approve.
Chairman Polunsky said that he would like to abstain.  Comm. Clowe agreed that he wasn’t aware of the fundamental organizational change without prior notice or discussion.
Col. McCraw suggested that the proposal be tabled to a future meeting after the Commission can be further briefed.
Comm. Steen withdrew his motion.  Comm. Clowe withdrew his second.

D. Report discussion and possible action on matters affecting the Office of Inspector
General, Texas DPS operations:
1.  Consideration of policies for OIG operational oversight pursuant to Government Code 411.244(d);
Inspector General, Stuart Platt – The Commission has reviewed the policy recommendation that will become the cornerstone of the OIG Policies.

Comm. Steen asked if “all of the Commissioners” could be notified within 72 hours regarding significant issues (rather than just the Chairman).

Motion by Steen, second by Barth
Passed Unanimously

2.  Personnel update including status of Captain selections;
IG Platt introduced Michael Allen Bradbury, H.D.(Dino) Henderson, and Luis Alexander Sanchez who are being promoted to Captain rank to work in the OIG Office effective October 1, 2010.

3.  Update on OIG facilities and office space
There is no space for OIG to continue in our current space that we are “borrowing”.  The only option at this time is to look for space off campus.  The Commission previously approved temporary off campus last spring.  Deputy Director McBride is beginning to look for funds to allow us to move off campus.  The Commission agreed without need for a further vote.

E. Update report, discussion and possible action regarding the status of building safety and security at the DPS campus on North Lamar
No discussion.

F. Report, informational only, on new and pending contracts:
1. Amendment No. 5 to Contract for the Motor Vehicle Financial Responsibility Verification System (TexasSure)

2. TXDPS Livescan Maintenance & Support Services

3. Audit Services of Federal Emergency Management Agency (FEMA) approved Public Assistance Program grants
Assistant Director Valerie Fulmer – said that there were updates in the Commissioners’ packets, and there were no questions.

G. Report, discussion and possible action on the Fiscal Year 2010 – 2011 Operating Budget
Deputy Director Cheryl McBride discussed the budget briefly, but referred the Commissioners to her report.

H. Report, discussion and possible action regarding purchases using seized funds
(Taken out of sequence) Deputy Director Cheryl McBride – Services – $8.8 million to start. New Balance is $4,755,452.  Requested to add $15,000 to the vehicle make ready. 
A motion was made and seconded to approve.
Approved unanimously.

Comm. Barth asked for the list of permissible uses for seized funds and asked that it be included in the Commissions prep books.

The permissible list included:
• Law Enforcement Investigations
• Law Enforcement Training
• Law Enforcement Facility Improvements and Maintenance
• Law Enforcement Travel
• Awards and Monuments
• Asset accounting
• Community Based Programs

Cannot be used for Salaries

 DD McBride showed slides regarding the 2011 operating budget and asked for approval from the Commission.

Motion made, and seconded.
Passed unanimously.

I. Update Report, discussion and possible action regarding recruitment
Deputy Assistant Director Frank Woodall – Attrition rates are as follows: A-2010 -24%; B-2010 – 17%; and C-2010 – 20% (plus two additional who could not qualify for their firearms certification).  Three year average, 20.8%.  Recruits are leaving because 1, they are not physically ready for the training, or 2, they are not mentally ready for the training. We are still short about 386 troopers, down from over 400 at the first of the year.

Chairman Polunsky asked DAD Woodall to get information and compare the DPS training to that of Parks and Wildlife and the Game Wardens for the next Commission meeting.  Comm. Barth asked to get another municipal law enforcement agency to the list of comparisons.

J. Final report, discussion and possible action on 75th “Diamond Jubilee” Anniversary of the Department from the Diamond Jubilee Committee
Barbara Hinesley – acknowledge three key Committee members who did a fantastic job in assisting with the event logistics. Ms. Hinesley made a presentation of photos of the August 6 headquarters Jubilee Celebration.

Chairman Polunsky thanked everyone who volunteered and helped to make this an historic event.  It exceeded all expectations.  It was a fantastic event. 

Jubilee Committee Chair Barbara Hinesley accepts the Governor's "Yellow Rose" Award from Chairman Alan Polunsky

Chairman Polunsky was proud to present the Governor’s Yellow Rose of Texas award to an outstanding contribution to the state by a woman.
VIII. REPORTS
A. Commission member reports and discussion
None

B. Finance Report
None

C. Audit & Inspection Report
None

D. Division status reports on activities and action
Nothing to add.
IX. CONSENT ITEMS
A. Discussion and possible action on the Director’s Action of discharging probationary
employee Ana Adkison
B. Discussion and possible action on appointments of Special Rangers and Special Texas
Rangers pursuant to Government Code chapter 411, Secs. 411.023 & 411.024: Special Rangers – James R. Sanders; Special Texas Rangers – Salvador Abreo and Alvin Schmidt
C. Discussion and possible action on proposed rules for publication:

1. Proposed new Rules 1.281 – 1.284, 37 TAC Secs. 1.281 – 1.284, regarding Negotiated Rulemaking Policy

2. Proposed amendments to Rule 4.37, 37 TAC Sec. 4.37, regarding Acceptance of Out-of State Commercial Vehicle Inspection Certificate

3. Proposed amendments to Rules 14.32, 14.33, and 14.36, 37 TAC Secs. 14.32, 14.33, and 14.36, regarding School Bus Driver Safety Training Program

4. Proposed amendments to Rules 14.52 and 14.54, 37 TAC Secs. 14.52 and 14.54, regarding School Bus Safety Standards
Motion to approve all consent items except item C-1 which was previously approved.
Seconded.
Passed Unanimously.
X.  ITEMS FOR FUTURE AGENDA

Comm. Ada Brown asked for 1 item which was not overheard.
XI. DATE FOR FUTURE MEETINGS
October 21, 2010
 

XII.  ADJOURN
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.

3:35 pm.

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