DPSOA Public Safety Commission Meeting Summary, 4/27/2010

Public Safety Commission Meeting

April 27, 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

10:35 am  Chairman Polunsky called the meeting to order. In attendance: Chairman Allan Polunsky, Commissioners Tom Clowe, Carin Barth, John Steen and Ada Brown. Also present were Director Steve McCraw, Dep. Director Brad Rable, Chief of Staff Duke Bodisch and General Counsel Stuart Platt.  A quorum is present.

10:36 am Chairman Polunsky recessed to Executive Session.

12:01 pm Chairman Polunsky reconvened.

Commissioner Barth made a motion to instruct Col. McCraw to negotiate a contract with Seven Goodson for the position of Assistant Director of Audits.  Comm. Brown seconded the motion. The motion passed unanimously.

12:02 pm Chairman Polunsky recessed to Executive Session.

1:32 pm Reconvened. Comm. Barth had to excuse herself for a family emergency.

II.      APPROVAL OF MINUTES

Commissioner Steen moved to approve the minutes.  Seconded by Comm. Brown.  Motion passed.

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)

Don Dickson, TSTA, I want to thank Maj. Matthews for his thoughts and work on the Promotional Policy recommendations.  My concern is not so much with the policy on paper, but how it will actually work.  I’m concerned about the behind the scenes conversations and actions, that don’t necessarily see the light of day. The government code says that promotions should be based on “merit”, but what does that mean?

 

Mr. Dickson also commented on the “check mark” evaluation process.  I propose that the evaluation process should begin with a self evaluation.

 

Finally, I would recommend that the Department should consider the State Office of Administrative Hearings on matters of dismissal.  SOAH has a great deal of experience in handling such executive matters.

 

IV.      DIRECTOR’S REPORT

Director McCraw – First of all I would like to address some of Mr. Dickson’s concerns regarding the evaluation process and we expect to address that later in this meeting.

 

Stuart Platt, General Counsel, and Phillip Adkins, Counsel for Administrative License Revocation, addressed the Commission to lay out the organization chart of the Legal Operations.  They are working towards a “one law firm”  approach. They include:

Office of General Counsel

Administrative License Revocation

Crime Records/Legal Services

Regulatory Hearings

Regional Counsel

 

Counsel Adkins: In 1995 the Legislature authorized the ALR process. In 2008, we oversaw 100,380 license suspensions.  We held 28,000 hearings.  We know that as we move forward, the Legislature will add more obligations like this for us to deal with.  The only way to handle this is to have someone who has oversight of the entire process, and we are convinced that this new organization will enable us to adjust to this demand.  ALR currently has 44 attorneys of the 69 attorneys employed by the Department.

V.      NEW BUSINESS

A.          Report, discussion and possible action regarding promotional process

Maj. Carry Matthews and AD Jessie White – Maj. Matthews – I was asked by Dir. McCraw to review and make recommendations for our Promotional Process.

 

The Goal was to make the Process: Legal, Fair, Competitive, Consistent, Attracts the Largest Pool of Qualified Candidates, Specific Location for our Promotion Candidates, Employee Development

 

The Nine Core Promotion Competencies are: Leadership, Interpersonal Ability, Liaison, Organization and Planning, Problem Solving/Judgment, Flexibility/Adaptability, Initiative, Communication, and Investigation.

 

There will be a 3 Member Career Board: 1 selected by command, 2 selected by the promotional lottery.

 

After feedback from DPSOA, TSTA, and others, we have added the written test qualifier and screening tool to add the objectivity that was lacking previously.

 

The lottery pool will be drawn from all employees who do not have a sustained 1825 complaint within the last 48 months (this was applauded by Comm. Brown, who said that employee involvement will be very important to the process).

 

Col. McCraw asked Maj. Matthews to explain the role of the Verification Officer.  His only role and contact with the Career Board is to say Yes or No, as to whether the candidate has been verified.  The Verification Officer is purposely isolated from the Career Board.

 

AD Jesse White said that they are looking at the Commissioned employee promotional process to see if there are elements that  can bed used in the non-commissioned personnel promotional process.

 

Comm. Brown commended Maj. Matthews for his work and pointed out that the cost of developing these recommendations was his time only.  Comm. Brown had concerns regarding the written test based on feedback from the field that often the questions were trivial and not meaningful to the position.  Please make the written test questions be meaningful, and emphasize law based information. Maj. Matthews said that they are already addressing this. AD Tony Leal recommended that the Divisional Directors should make questions relevant to their divisions’ needs, which vary by division.  Comm. Brown thought that that was a very good suggestion and re-emphasized her support of the new process.

 

Maj. Matthews estimated it may take 60 – 90 days to implement the new process in the El Paso Region, and then they will move on to Laredo after three months of using the process in El Paso.  From there, they will roll it out to the rest of the Agency in about six months.

 

Comm. Steen moved to approve the rollout described above, and then come back to address and report back to the Commission regarding the Process in about six months.

 

The motion was seconded and approved unanimously.

 

 

B.        Report, discussion and possible action on the authorization of additional recruit schools

Col. McCraw – CFO Cheryl McBride, AD Jesse White, and DAD Frank Woodall, Training – Due to some delays in the polygraph testing, the dates of the schools have been moved back somewhat with the 7 weeks Advanced School beginning on June 6, and the 18 week school beginning on July 18.  We have about 160 in the pipeline for the 7 week Advanced School (already commissioned officers).  We could have 150 new officers on the road in 21 weeks.  We are asking for 5 new recruit schools (one new class every 3 weeks) with as many as 3 recruit schools going at once.  There would be 3 7 week Advance Schools, and 2 18 week schools.  This would give us the potential to graduate and put 250 troopers on the road by the end of the year (December 10).  This would keep the classes to 50 persons per class.  The Agency loses 14 troopers per month on average through attrition.  If a recruit drops out during the first week of the school, we will have people in the pipeline that can step in and continue the training.  This cannot happen after the first week due to the shortened schools.

 

7 Week: June 6 – July 27

7 Week: June 27 – Aug. 13

18 Week: July 18 – Nov. 19

18 Week: Aug. 8 – Dec. 10

7 Week: Aug. 29 – Oct. 15

 

Cheryl McBride addressed the costs.  FY 2010, approx. $1.2 million, and FY 2011, approx. $1.6 million, which will spend the available variance money.

 

Comm. Clowe moved to approve, Second by Comm. Brown.  Passed Unanimously.

 

C.        Report, discussion and possible action based on briefing and recommendations of the

Office of General Counsel on discharge appeal hearings process

Gen. Counsel Platt said that there are 4 hearings to be scheduled, and there are others coming up. Comm. Steen asked Platt to work on scheduling 3 of so in a full day of hearings.

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

Already taken place.

VII.      ONGOING BUSINESS

Reports, discussion and possible action regarding the following

A.         Update report, discussion and possible action on appointment of Director of Audit and

Review position  per GC411.242

Nothing

 

B.        Update report, discussion, and possible action by the Commission regarding modification and transformation of the DPS organizational structure approval of personnel placements and salaries pursuant to Government Code chapter 411, Secs.

411.005, 411.006 and 411.0071

Nothing

 

C.       Discussion of public comment concerning proposed repeal of rule 15.163, 37 Tex Admin. Code Section 15.163 and proposed new rule 15.163, 37 Tex Admin. Code Section 15.163 regarding Amnesty, Incentive and Indigence Programs

Gen. Counsel Stuart Platt – We have received approx. 200 written comments, and heard oral testimony yesterday.  We are looking at about June to make any changes.  Comm. Clowe commented that the feedback is that the amount of the penalty is clearly beyond the means of many people to pay.  I question using the income tax return as a measure of ability.  Perhaps paychecks or such might be more effective.  I also heard testimony regarding allowing the judges set the fees, which I am not in favor of. While we don’t want to lose the money we are currently receiving, but we want to make it accessible for more to pay.  I think we can collect as much or more, by lowering the fees and collecting for more of the offenders.

 

Chairman Polunsky generally agreed with Comm. Clowe, and stated that the situation needs to be corrected.

 

Platt stated that the changes would be substantive and that the rule would need to be posted in the Texas Register.

D.        Update report, discussion and possible action regarding the status of building safety and security at the DPS campus on North Lamar

 

E.        Report, discussion and possible action on the Fiscal Year 2010-11 Operating Budget

AD Cheryl McBride – Since last month we have added $345,000 for the Inspector General’s office, and bumped up the utilities to $3 million.  This brings our current variance to $5.6 million.

 

F.        Report, discussion and possible action regarding purchases using seized funds

AD McBride – No additional items for purchase from the funds.  Current available balance is $7.2 million.

 

G.        Update Report, discussion and possible action regarding recruitment

Already discussed

 

H.        Update report, discussion and possible action on 75th “Diamond Jubilee” Anniversary of the Department from the Diamond Jubilee Committee

Legal Asst. Barbara Hinesley – Co-Chair for the 75^th Diamond Jubilee.  The firearm is not available for viewing or ordering at this time but should be available for the May PSC Meeting.  We are taking out an ad in Texas Highways Magazine.  We are working within a budget.  June 6 is the deadline for all committees to have all programs in place.  Southside Market from Elgin has won the bid for the dinner, and tickets will be available for sale through the TSTA office by June 1.  I would like to show you the Diamond Jubilee flag that DPSOA created for us.

VIII.      REPORTS

1. A.           Commission member reports and discussion

None

1. B.           Finance Report

N one

1. C.           Audit & Inspection Report

None

D.        Division status reports on activities and action

Admin – None

CID – Tom Ruocco – regarding the Department Transfer Policy.  Previously, we departmentalized the transfers.  But when we combined, we prioritized and came up with a staffing need for each area. We are asking for a 3-6 month transition period when we move new people into an area before we move the others out to facilitate training.

DL – None

Emergency Mgt – None

Gvt. Relations – None

HP – None

Counter Terrorism – None

Adjutant General’s Office – None

Texas Rangers – None

Law Enforcement Support – None

Information Technologies – DD Rable – we will be fully deployed by the end of this month, and this was truly a team effort and I am proud of the progress.

IX.      CONSENT ITEMS

The following items may be discussed and acted upon in a single motion or discussed

separately as determined by the Commission

1. A.   Discussion and possible action on the Directors action of discharging probationary employees Stacy Hinton.

B.        Discussion and possible action on adoption of proposed rules for publication

1.       Proposed New Rules 1.232 and 1.233, 37 TAC Secs. 1.232 and 1.233, regarding

Accounting Procedures, as published in 35 TexReg 1436, February 19, 2010.

2.       Proposed New Rule 1.43, 37 TAC Sec. 1.43, regarding Personnel and Employment

Policies, as published in 35 TexReg 1436, February 19, 2010

Comm. Steen made a motion based on the Colonel’s recommendation for all above items.  Seconded by Comm. Clowe.  Passed unanimously.

X.      ITEMS FOR FUTURE AGENDA

Security of the Capitol and the Headquarters. – since Maj. Ortiz could not be here today.

Update on Drivers Responsibility revisions.

XI.      DATE FOR FUTURE MEETINGS

Thursday, May 20th.

XII.      ADJOURN

Adjourn – 3:30.

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.

DPSOA Public Safety Commission Meeting Summary – 3/31/2010

Public Safety Commission
Meeting

March 31, 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, as 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 Tom Clowe, Carin Barth, John Steen and Ada Brown. Also present were Director Steve McCraw, Dep. Director Brad Rable, Chief of Staff Duke Bodisch and General Counsel Stuart Platt.  A quorum is present.

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 and must complete a Public Comment Registration Card located at the entry)

None

IV.      DIRECTORS REPORT

Director Steve McCraw – 5 Major Recommendations

Restructure DPS

            Flattened the organization structure, unified Regional Commands

            Establish New Leadership Team

            Improve Strategic Planning

            Texas Homeland Security Strategic Command – in seventh iteration, should be completed soon

            Improve Communication

            Establish a Comprehensive Security Program

            Establishing a Statewide Fusion Resource

Create a Human Resource Strategy (142 have applied for the advanced school, 8 have been disqualified.  We also have a major increase in our 18 week, general recruit class.

Overhaul Financial Processes and Systems

Department-Wide All Hazards Continuity of Operations Plan

 

Our challenge is to continuously improve process.  This is an ever evolving challenge.

DL Division has 307 field offices around the state: 172 Full time; 39 Part time; and 96 Mobile.

 

Chairman Polunsky complimented the Director on an excellent, impressive report, and his congratulation was echoed by Comm. Steen and on the accomplishments that Dir. McCraw has made since taking the position.

 

Chairman Polunsky also stated that he would still like to get pay raises for Troopers and the DL personnel.

 

V.      NEW BUSINESS

A.        Discharge appeal hearing and possible action regarding DPS employee Joseph Garcia

Ms. Salibar, Department of General Counsel; Albert Carion, Counsel for Joseph Garcia.

 

The case had to do with the dismissal of Joseph Garcia for “striping” unmarked DPS vehicles that had been retired and to be sent for auction.  Only black and white vehicles require this type of marking to keep them from being mistaken as patrol vehicles in the future.

 

 Defense Counsel Carion opened stating that Joseph Garcia did what his supervisor instructed him to do, by striping all vehicles on a list in a particular lot.  The mistake was made by the supervisor.  There was no malicious intent.

 

Sgt. Derek Prestridge – 15 yrs with the Dept., handled the investigation and report for DPS.  His conclusion was that Mr. Garcia took this action out of anger with his supervisor. Mr. Garcia never stated that witnesses who testified to that affect had lied regarding his stated motives.

 

After two hours of testimony and summaries, Chairman Polunsky closed the hearing and outlined their options.  Comm. Brown made a motion to affirm the Director’s termination, and seconded by Comm. Clowe. The motion passed unanimously.

B.        Report, discussion and possible action on DPS sexual harassment policy

Maj. Rhonda Flemming – Human Resources – Outlined the Federal Law and pointed out that State Law mirrors the Federal Law.  She mentioned the new training as required by statute. Additional training is also available.  There is also additional mandatory training for employees that have a previous violation.

 

Comm. Steen pointed out the Department’s zero tolerance policy regarding sexual harassment.  He asked that Maj. Flemming state what zero tolerance meant to her.  She stated that it meant that any confirmed incidents must be addressed with appropriate reprimands or action taken. Comm. Steen suggested outside consultants (Ms. Gladstone that was used by the TABC is one good option) to shore up our policy and communication of that policy. 

 

Director McCraw said that he has no problem with utilizing outside resources. 

 

Comm. Barth questioned whether the current policy of the Department was adequate.  Both Maj. Flemming and Dir. McCraw said that they felt that it is adequate, however, Dir. McCraw acknowledged that there is always ways to improve policy, and the very discussion at this meeting is sending the right message across the Department.

 

There was some discussion between Barth and Steen about the benefit and need for outside contracting in this area.

 

In 2009 there were 113 allegations of section 18.35 violations and of those, 35 were of the sexual or harassment nature, and only 15  of those were sustained.  We currently have 10 allegations so far in 2010.

 

Comm. Clowe reiterated that the message from the Commission is that what you (Maj. Flemming) do is extremely important and appreciated. Maj. Flemming said that she has had great support from the Director.

C.        Report, discussion and possible action regarding services, staffing and funding of the

Office of Inspector General

1.       Hotline

Inspector General LaFayette Collins, and Dept. Inspector General Kent Radney (sp) – We will establish an ethics hotline to be available 24 hrs a day, 365 days a year. Florida based ChemTel(?) was awarded the contract for $22,000 per year, 1 year renewable.

2.       Staffing/budget

Chairman Polunsky asked IG Collins to justify the staffing and budget. The new AG structure will have two Captains below the Dep. Inspector General, who would supervise the 12 Lieutenants up from the current 6 Lieutenants. We have based the proposed staffing on past experience, and our projections are on the low end of the current internal affairs need. Most cases take 3-4 weeks to investigate.  The idea of additional staffing is to keep the HP Lieutenants or Sergeants in the field from having to travel to other districts to investigate internal affairs cases.

 

Comm. Barth asked Dir. McCraw if there would be a policy change forthcoming to move these investigations from the field offices to the AG’s office.  McCraw responded “Yes”, and the field supervisors would stand ready to assist/cooperate as necessary.

 

In six months, we had 95 cases.  Of the 95, only 36 were investigated by the OIG.  With the increase in OIG staffing, we will still fall short, but instead of only handling 30% of the cases through the OIG’s office, 60% or more will be handled by the OIG’s office.

 

There was some discussion regarding renting space off campus on a temporary basis, with the possibility of keeping the OIG off campus permanently by renting long term or purchasing. Securing permanent space on campus was also mentioned. Dir. McCraw stated that there may be some benefit to not having the Office of Inspector General not being located on the HQ campus. Chairman Polunsky restated the issue at hand is to find OIG contiguous space quickly on an interim basis.

 

Chairman Polunsky asked Dep. Asst. Dir. Sandra Fulenwider about a conversation he had with her regarding space for the OIG.  We have 3 contiguous offices in building C, but other than that, offices are scattered about the campus. Dir. McCraw explained that most all Divisions/Departments need contiguous space, so it is difficult to shuffle people around.  DAD Fulenwider explained that she is currently in the process of doing a complete campus space evaluation. This study will take approximately four months.

 

Comm. Barth made a motion to fund OIG space in the amount of $47,400 to rent space off campus for four months and an additional $147,000 for office space for 2011, with the possibility of an additional $25,000 contingency fund to fill the potential gap and moving expenses. Seconded and passed unanimously.

 

D.        Report, discussion, and possible action on construction of a building and facilities through the Texas Public Finance Authority, pursuant to the General Appropriations Act, Art. IX, §17.11 and Article V (Department of Public Safety), Rider #57, 81st Legislature, R.S. (2009) (Construction of a Crime Lab in Laredo)

Cheryl McBride – Introduced guest from the Texas Public Finance Authority, Mr. Burns, and said that they are here to ask to pass 2 resolutions:

1.     To pass a resolution to request general obligation bonds for $6.1 million for the construction of a Crime Lab in Laredo

Motion by Steen, Second by Barth.  Passed unanimously.

 

1. 2.    To use funds from existing funds not to exceed $610,000 to move forward with this project, to be reimbursed from the sale of future bonds.

Motion by Barth, Second by Steen.  Passed unanimously.

 

Ms. McBride stated that DPS will be seeking an additional $10 million in bonds this summer.

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

Adjourn to Executive Session: 2:15

Reconvene: 5:15 pm

VII.      ONGOING BUSINESS

Reports, discussion and possible action regarding the following

A.         Update report, discussion and possible action on appointment of Director of Audit and Inspection

Review position  per GC411.242

Comm. Barth – Nothing to Report at this time.

B.        Update report, discussion, and possible action by the Commission regarding modification and transformation of the DPS organizational structure approval of personnel placements and salaries pursuant to Government Code chapter 411, Secs.

411.005, 411.006 and 411.0071

Col. Steve McCraw – I would like to recommend that the Capitol Commander Ortiz report directly to the Deputy Director Lamar Beckworth. 

 

Motion made, seconded, and passed unanimously.

 

Col. McCraw asked that Interim Asst. Dir. John Jones be named permanent Assistant Director for Intelligence and Counterterrorism. Chairman Polunsky asked the Commission if anyone wanted to tell ex-Navy Seal Jones that he doesn’t get the job.  Laughs all around.

 

Motion made, seconded, and passed unanimously.

 

Col. McCraw asked that Interim Asst. Director Ren Earl Bowie be named as the permanent Assistant Director of the Regulatory Licensing Division.

Motion made, seconded, and passed unanimously.

C.        Update report, discussion and possible action regarding the status of building safety and security at the DPS campus on North Lamar

None

 

D.        Report, discussion and possible action on the Fiscal Year 2010-11 Operating Budget

CFO Cheryl McBride – The Commission heard testimony regarding updates.  Motion made, seconded, and passed unanimously.

 

There was some discussion about possibly reassessing the DL personnel regarding their pay grade classification that would allow us to move some of them into a higher pay grade to make their positions more competitive with other comparable state agencies. Chairman Polunsky questioned whether or not this could be done, but restated his desire to get their pay scale up to where it should be.  He pointed out that these civilian personnel do not have an organization looking out for their interests at the legislature that our Commissioned personnel have, so the Commission needs to try to look out for their interests.

E.        Report, discussion and possible action regarding purchases using seized funds

CFO Cheryl McBride – Updated information only – The balance of seized funds is $9,237,000; the amount available for approved projects is $6.8 million.

F.        Update Report, discussion and possible action regarding recruitment

Assistant Director Jesse White – We have 126 applicants for the Advanced Course (already commissioned officers) and 509 applicants for the 18 week course.  The recruiting website has been launched.  We will have a recruiting video available for viewing by the May meeting.  We have recruiting “business” cards prepared and will be distributed through THP.  This week we seized a Hummer for use by the HQ recruiters.  As of May1, six regional recruiter FTEs will transfer from THP.

 

Comm. Barth asked AD White what the plans are to handle the additional qualified applicants.  There was discussion of adding additional classes or to make the classes larger than the optimum 50 recruit maximum.  Comm. Barth asked if there was money in the budget to handle the larger classes.  AD Fulmer joined the discussion stating that if they retained the large numbers, a request would be made to the Commission for additional funding. Chairman Polunsky clarified that the problem was not how to reject applicants, but how the Department would fund the training.  As problems go, it is a good problem to have.

G.        Discussion and possible action on the scheduling of the Driver Responsibility Program

(DRP) proposed rule Public Hearing

General Counsel Stuart Platt – Recommended having a Public Hearing on a day prior to a Public Safety Commission Meeting from 2:00 until 8:00 in the evening at the Capitol. The Commission selected April 26, with the PSC Meeting to be on April 27^th at 10:30 am following the dedication of building A for Col. Tommy Davis at 9:00 am.

H.        Update report, discussion and possible action on 75th “Diamond Jubilee” Anniversary of

the Department from the Diamond Jubilee Committee

Asst. Counsel Barbara Hinesley – Our slogan is “Honoring the Past and Celebrating the Future”.  Ms. Hinesley showed the DPS 75^th Anniversary web page and went through the celebration agenda. The Commission gave Ms. Hinesley very high praise for the amount and quality of work that she and her Committee have done on this project.

VIII.      REPORTS

1. A.           Commission member reports and discussion

None

1. B.           Finance Report

Nothing further to add.

1. C.           Audit & Inspection Report

None

1. D.           Division status reports on activities and action

No additional reports made: Admin, DL, Gov. Relations, HP, IT, Intel & Counterterrorism, Law Enforcement Services, Regulatory Licensing, Emergency Management, etc.

 

Comm. Steen asked to discuss the use of PSC Meeting time regarding Discharge Hearings.  This morning’s meeting spent 2 hours time to hear testimony regarding a case that involved $56 in real damages. Perhaps 3 of the 5 Commissioners could sit at these hearings on a rotating basis. I do not want to be disrespectful to any employees.

 

Counsel Stuart Platt asked if he could report on this idea at the next meeting, and perhaps he will have more than one option to consider.

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 on the Directors action of discharging probationary employees  Robert Lerma and David Hartley

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  (DPS) James L. Blodgett, Arlyn H. Heathington, and Walter P. Mezynski; (Texas and Southwestern Cattle Raisers Association) Harold L. Dempsey

C.        Discussion and possible action on proposed rules for publication

1.    Proposed amendments to Rule 1.231, 37 TAC Sec. 1.231, regarding Procedures for

Vendor Protests of Procurements

2.    Proposed amendments to Rule 15.89, 37 TAC Sec. 15.89, regarding Moving Violations

3.    Proposed repeal of Rules 28.171-28.175, 37 TAC Secs. 28.171-28.175 and proposed New Rules 28.181-28.185, 37 TAC Secs. 28.181-28.185, regarding Preservation of Biological Evidence

4.    Proposed new Rule 36.1-36.21, 37 TAC Secs. 36.1-36.21, regarding  Metals

Registration

D.        Review of pending Contracts

1.    Synthetic Oil (Amsoil)

2.    Emergency Facility Support Services (BCFS Health and Human Services)

3.    Space Segment Acquisition and Resolution of Claim (Hughes Network Systems, LLC)

4.    Satellite HUB Services and Maintenance and Resolution of Claim (Hughes

Network Systems, LLC)

5.    Electronic Prescription Transmission System (Atlantic Associates, Inc.)

Comm Clowe to approve Consent Items A, B, and C items 1-4.  Seconded and passed unanimously.

 

Item D is an information item.

X.      ITEMS FOR FUTURE AGENDA

Comm. Steen’s suggestion regarding Dismissal Hearings.

 

Comm Ada Brown – Proposed changes to the promotion process, and addressing the 40 hr. work/comp time.

 

XI.    DATE FOR FUTURE MEETINGS

April 27, 2010

 

XII.    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.

DPSOA Public Safety Commission Meeting Summary – 2/18/2010

Public Safety Commission

Meeting

February 18, 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 on the following agenda items:

I.      CALL TO ORDER

10:43 am  Commissioner Clowe called the meeting to order. In attendance: Commissioners Tom Clowe, Carin Barth, John Steen and Ada Brown. Also present were Director Steve McCraw, Dep. Dir. Lamar Beckworth, Dep. Director Brad Rable, and General Counsel Stuart Platt.  A quorum is present. Chairman Alan Polunsky was ill, and could not be present for the start of the meeting.  Commissioner Clowe chaired the meeting until Chairman Polunsky arrived at 11:34.

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 and must complete a Public Comment Registration Card located at the entry)

None

A.         DIRECTOR REPORT

Presentation for Diamond Jubilee logo design

Director Steve McCraw – We attended the third Homeland Security Conference in San Antonio, with 5,782 in attendance. The leadership was impressed with the progress being made at DPS with the Regional Commanders in place.  It was a great conference.

 

Highway Patrol – 8,598 employees with 3893 commissioned officers.  Alert training is included in the Recruit class

 

Since 9/1/2009 the Highway Patrol Division has had 4,660 felony arrests, 371 pursuits on highways, 414 drug seizures, 10, 524 DWI arrests, $5.5 million is cash seizures; The Texas Rangers in 2009 had 1,096 felony charges, 234 murder convictions.  I credit much of this success with our unified DPS response across all Divisions.  The church arson case remains a priority.  We are taking a multi-disciplinary approach.

 

Border Security – Dir. McCraw said that our Border Security is the most successful operation of all of the border states, and gave credit to the Boarder Star initiative as implemented by DPS and to the Governor. Dir. McCraw reported a 40% decrease in illegal aliens and a 55% increase in marijuana seizures.  This year, 1897 lbs. of drugs have been seized, and $42,987,000 in cash headed for Mexico has been confiscated.

 

Concealed Hand Gun Licensing – Col. McCraw stated that they are making sure that they are placing the proper emphasis on this issue. There are 42,841 concealed hand gun licenses in Texas.  The wait time for issuing a license has gone from an average of 105 days to 25 days.  There are three baselines for this progress: 1. Online instructor renewal; 2. Texas Online application; and 3. Automated fingerprint identification.

 

Regarding our Recruiting initiative, Col. McCraw reported that they are focusing on the 4 “R’s”:

 

Recruiters – Full time, committed recruiters on the road working to draw quality recruits

Recruit School – Reducing the Academy from 27 weeks to 18 weeks is the right thing to do.  It will help to make us more competitive and we will be working the recruits harder during the 18 weeks, including longer hours and more class time. Also, the 7-8 week course for already commissioned officers will be offered.

Regionalism – If you are from the panhandle and want to be stationed in the panhandle, you will be offered one of 3 duty stations in that area.

Responsibility – It literally is everyone’s responsibility to be recruiting quality people into the DPS.

 

Comm. Ada Brown asked if a formal name had been assigned to the abbreviated academy for already commissioned officers.  Dir. McCraw said no.  Ret. Sgt. Mike Resin (name?) of Caldwell suggested the title: “Advance School” which would remove the stigma of “abbreviated” and “modified” and imply that they are selecting the cream of the crop recruits from other agencies.  Dir. McCraw and Dep. Director Beckworth liked the title and it was agreed that the shortened course would be called Advance School.

 

Comm. Steen asked Dir. McCraw to expound on the progress in issuing CHLs.  Col. McCraw said that it began by just applying brute force to the problem, but slowly systems have been implemented to improve the process.

 

Comm. Steen raised concerns regarding delays when inspecting Commercial Vehicles hauling cattle, and Dir. McCraw had responded quickly.  We have initiated a “Free Pass” – trusted trucker program.  The concern with livestock is that if they remain stationary for more than 45 minutes, the livestock (cattle, poultry, etc.) are at risk.   Comm. Steen thanked the Director for the quick and good response.  The “Free Pass” program should be up and running within several months.

 

Comm. Clowe – we don’t often stop and look back at where we have come from.  I see the leadership team at DPS on a regular basis, but last month I had the opportunity to be with 2 DPS Troopers on a personal issue of an accident, and I never fail to be impressed with the courtesy and professionalism of our people.  It is most impressive and we need to continue to aspire to the highest level possible.  That is what will get us to where we need to be in the future.  Dir. McCraw agreed that from top to bottom, there is no other agency in the country with higher quality personnel.

 

Director McCraw and Deputy Dir. Beckworth presented a framed print of the 75^th Anniversary Jubilee Logo to Jimmy Guckian, who submitted the winning design for the logo. Guckian was accompanied by his wife and three of his four children.  Along with the framed print, a check was also presented.  Dir. Beckworth jokingly suggested that he cash the check in the next 10 days.

IV.      NEW BUSINESS

A.        Follow up discussion, report and possible action on Physical Readiness Test for the

Department of Public Safety

Moved to the next meeting’s agenda.

B.        Discussion of FBI National Academy

Deputy Director Lamar Beckworth – we have several training programs for our higher level personnel to attend. One of the most popular is the FBI National Academy.  The criteria include that you have to be a higher ranking officer, above Sergeant, and be of the highest caliber.  The cost is $1500 per individual to send someone to this school.  They showed a list of employees who have attended.  This is an 11 week program. Individuals are selected by the Assistant Directors. It is a very fine program.  There was some discussion of how we can send more personnel to these training programs.

 

C.        Update report, discussion and possible action on Information Technologies

Deputy Director Brad Rable – There are 250 IT professionals and a tremendous group of senior leaders who have lead us through this journey.  We are not through, and this is simply an update report with no call for action from the Commission.  We want to be able to handle all of our own IT issues, without having to rely on outside resources.  We are working from our current slogan Courtesy, Service & Protection.

 

We are about 90% complete in staffing our leadership, hiring 10 from the outside, and keeping 7 from our current staff, with an average of 25 years of experience.

 

We changed the name from IMS (Information Management Services) to IT (Information Technology).  Every IT employee is assigned work and is tracked for progress. “Delivery Matters” is a phrase that you will be hearing a lot.

 

We handle issues on three levels:

 

Develop Strategy & Approach – Brian Lane

Deliver Capabilities – Mark Doggett

Manage & Monitor – Glenn Rosamond

 

IT Strategies

Stabilize the existing environment

Leverage Existing Applications/Data Sources (for example, reduce printers at HQ from 1711 to 400)

Achieved Substantial Savings and Reductions in Legacy IT Costs.

            Samples:         Eliminate optical discs – $300K

                                    Office printer consolidation – $500K

Focus Internal IT Staff on True Business Priorities

Significantly Increase Our Effectiveness in Preventing and Solving Crimes

IT Maturity Model (from Chaos to Reactive to Proactive to Service to Value)

 

Chairman Polunsky has joined and taken over as Chair of the Meeting at 11:35 am.

 

Comm. Steen asked how long DD Rable expects this IT Maturity Model will take to develop.  Dir. Rable said that at this time, we hope to get to Level 3 (Service) in 2012, but doesn’t necessarily feel that going to Level 4 (Value) to be necessary or cost effective.  Level 3 will put us head and shoulders above any other entity in this sector (law enforcement).

D.        Report, discussion and possible action including Executive search firm services for interview process for Audit and Review position  per GC411.242

Comm. Barth moved and Seconded by Comm. Clowe to begin the process for and Audit and Review position search.

 

Passed unanimously.

 

No interim Audit and Inspection position will be named.

E.        Report, discussion and possible action on Capitol security

F.        Review of pending contract renewal:

1.     Texas On Road Vehicle Emissions Testing Program (Environmental Systems

Products Holdings, Inc.)

Assistant Director Bowie and Assistant Director Valerie Fulmer – Administration.- it is a 1 year renewal and Comm. Barth has reviewed the contract as well.  Commission is OK on that.

V.      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

Adjourn to Executive Session at 11:40 am.

 

Reconvene from Executive Session at 2:47 pm.

VI.      ONGOING BUSINESS

Reports, discussion and possible action regarding the following:

1. A.            Introduction of new Inspector General

Inspector General Lafayette Collins – Having served since March of 2004 as a U.S. Marshal in the Western District as recommended by Senators Kay Bailey Hutchison and John Cornyn to President Bush.  He began his role on February 1, 2010.  IG Collins has 34 years in law enforcement and is honored and humbled to be named to this appointment.

 

B.        Update report, discussion, and possible action by the Commission regarding modification and transformation of the DPS organizational structure approval of personnel placements and salaries pursuant to Government Code chapter 411, Secs.

411.005, 411.006 and 411.0071

Pass on this item. 

 

1. B.           Review, discussion and possible action regarding the status of building safety and security at the DPS campus on North Lamar

Handled in Executive Session.. – we are still analyzing the necessary changes. It will take 60-90 days to have our Metes and Bounds study completed (the first step in the process of making modifications to the campus perimeter security).

1. C.           Presentation, deliberation and possible action regarding the driver responsibility program including the Amnesty, Incentive and Indecency Programs, and consideration of authorizing the publication of the proposed repeal of current rule 15.163, and authorizing the publication of proposed new rule 15.163, 37 TAC 15.163, for notice and public comment in the Texas Register

Assistant Director Michael Kelley – We have made it so that letters that go out from our contracted collection agency makes it clear that it is coming from the collection agency and not from the Department.

 

We are trying to improve the 37% collection rate, but it hasn’t improved despite making it clear that the violator will not be able to get their driving privileges back until it is taken care of.

 

We are combining the Indigence Programs.  They will have to show that they are at 125% or less of the poverty level (a little over $10,000 for an individual. We are still determining what documentation will be necessary.  They will have to show proof of insurance and will be allowed to make a one-time modified payment ($250) to get back into compliance.

 

Comm. Barth questioned whether or not this figure might still be too high for someone at that income level.  Mr. Kelley asked for the Commissions permission to post it and wait for public comment before determining how much it will impact the indigent population.  There are plans for a public hearing.

 

Motion made by Comm. Steen, seconded by Comm. Brown.

 

Passed unanimously.

 

 

1. D.           Report, discussion and possible action on the Fiscal Year 2010 Operating Budget

Cheryl McBride, Assistant Director of Finance (CFO) – Updated a variance schedule.  We are now carrying an excess budget balance of $5,014,000.

E.        Report, discussion and possible action regarding purchases using seized funds and clarification of use of seized funds

Cheryl McBride, Assistant Director of Finance (CFO), Dep. Director Lamar Smith, Assistant Director Tom Ruocco, Asst. Chief John Brannon, Aircraft Section –

 

 We have added in three items (body armor, tasers, and utility uniforms) and have added in 2 additional items, including High Retention Holsters.

 

Motion by Steen to spend up to $227,200 to purchase these holsters for those officers who would like them.

Seconded by Brown

 

Comm. Clowe asked for more discussion on the other items so that he would have a full picture of what they are asking for.

 

If approved (including helicopters), it would leave a balance of seized funds of $6,331,880.

 

Looking ahead to 2012, we will ask the legislature if we can use $5,313,958 from seized funds to purchase an additional helicopter and additional plane.

 

DPS currently has 14 helicopters that average approximately 500 hrs. per year in flight time.  The new helicopter will make it 15.

 

Asst. Chief John Brannon showed video of helicopter rescues using the higher capacity helicopters being requested.

 

CFO McBride clarified the request to use seized funds and to go to the LBB to ask to exceed the cap by $578,000.

Plus $1.325 Million for helicopter from seized funds, and the $227,200 for the holsters from the seized funds.

 

Motion for holsters passed unanimously.

 

Motion for helicopters by Clowe, Second by Barth.

 

Passed with 4 votes, with Comm. Steen voting no, with the explanation that he feels that the funds would be better used to secure the headquarter complex.

 

G.        Update Report, discussion and possible action regarding recruitment

Assistant Director Jesse White, Human Resources – update only, no vote required.  The short course will begin on May 16, and the long, 18 week course will begin in July.  We have 465 signed up for the long academy.  On Feb. 8 we went to Tulsa, OK, where they were having layoffs, and we will return to review applicants, and will interview.  Phoenix, AZ, is anticipating laying off 400 officers, and we will go there as well.

 

Reinstatements, we are only averaging 1 reinstatement per month.

 

Commissioner Brown asked about what recruiting materials are being added.  AD White mentioned table cloths, pull up

 

H.        Update report, discussion and possible action on 75th Diamond Jubilee Anniversary of the Department from the Diamond Jubilee Committee

Barbara Hinesley – Asst. Counsel, Jubilee Committee Co-Chair – All 18 subcommittees are working diligently to meet deadlines.  Tele Mange of PIO is working on a media plan to make sure everyone is aware of what we are doing with the celebration.  The lapel version of the 75^th badge will be available for purchase by non-commissioned personnel through the DPSOA store, and we will be linking our website to the DPSOA site.  The yearbook photos are being taken, and should be on schedule.  The regional programs are all progressing and have a deadline of 60 days out.  In answer to Comm. Brown’s question, the tour will be in Garland on July 27.

 

Comm. Steen offered to donate, and his donation challenge was going to be matched by Comm. Clowe and Chairman Steen.

VII.      REPORTS

1. A.           Commission member reports and discussion

None

1. B.           Finance Report

Cheryl McBride, Assistant Director of Finance (CFO) – Paula Logan has transferred from HR to Risk Management. Out of 273 buildings, 83 fire inspections have been completed, and 85 more have been scheduled.  We are working on a new accounting system, and should shorten reimbursements for travel vouchers from 30 days or more to about a week.  We are searching for a Grant Management software program, and are reviewing our issued credit cards (to see if all of them are necessary).

1. C.           Audit & Inspection Report

None

D.        Division status reports on activities and action

Administration – Nothing to report

Criminal Investigation – Nothing to report

Drivers License – Michael Kelley, Asst. Dir. of Drivers License – in response to last meeting’s request regarding the metrics that is being used to track progress.  Mr. Kelley showed slides outlining the process and numbers. I will report back in May or June with updated information base

Emergency Management – Nothing to report

Government Relations – Nothing to report

Highway Patrol – Assistant Director, David Baker – Free Pass is submitting proposed locations for

Information Technology -– Nothing to report

Intelligence & Counter Terrorism – Nothing to report

Law Enforcement Support – Nothing to report

Office of Inspector General – Nothing to report

Regulatory & Licensing – Nothing to report

Texas Rangers – Nothing to report

 

 

VIII.      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 on appointments of Special Rangers and Special Texas

Rangers pursuant to Government Code chapter 411, Secs. 411.023 & 411.024:

Special Rangers Wayne Williams

B.        Discussion and possible action on adoption of proposed rules:

1.               Proposed amendment to Rule 27.1, 37 TAC 27.1, regarding review of personal criminal history record, as published in 34 TexReg 9108, December 18, 2009

2.               Proposed new Rules 28.171-28.175, 37 TAC 28.171-28.175, regarding preservation, cataloging, and delivery of biological evidence, as published in 34

TexReg 9382, December 25, 2009

Motion by Clowe to approve both Consent Items, Seconded by Barth

Passed unanimously

IX.      ITEMS FOR FUTURE AGENDA

For April Agenda, Comm. Brown asked for:

Promotional Policies

28 Day Work Cycle

 

For April Meeting, Comm. Steen asked for:

Update on Drivers License times progress.

X.      DATE FOR FUTURE MEETINGS

March 23, 2010

 

XI.      ADJOURN

4:45 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.

The Public Safety Commission may meet and discuss in Executive Session and have action taken in an Open Meeting where required on the following items:

Government Code Sec. 551.071 Consultation and deliberation with legal counsel about pending or contemplated litigation or a settlement offer, or on a matter where the Commissioners seek the advice of their attorney as privileged communications under the

Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and to discuss the Open Meetings Act and the Administrative Procedures Act with their attorney

Government Code Sec. 551.074 Appointment, employment, evaluation, reassignment, duties, discipline or dismissal of director, assistant director, and persons appointed to management team positions pursuant to Govt. Code Sec. 411.0071

Government Code Sec. 551.076 Deliberations about security audits, security devices, including deployment and implementation of security personnel and devices Government Code Chapter 411, Sec. 411.0041 Ongoing criminal investigations

Government Code Sec. 551.072  Deliberation of the purchase, exchange, lease, or value of real property, if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person

Government Code Sec. 551.073 Deliberation of a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person

DPSOA Public Safety Commission Meeting Summary – 11/19/2009

Public Safety Commission Meeting Thursday

November 19, 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, as necessary, on the following agenda items:

I. CALL TO ORDER

10:37 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown and John Steen. Also present were Director Steve McCraw, Dep. Dir. Lamar Beckworth, Dep. Director Brad Rable, and General Counsel Stuart Platt.  A quorum is present.
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 and must complete a Public Comment Registration Card located at the entry table)

Donald W. Dickson, Parker Law Firm on behalf of TSTA: I offer a prayer for the safety of our officers throughout the holiday.

I would like to address the proposed “Integrity Policy” which admittedly I haven’t seen. I’m not sure why we need a new policy since the Supreme Court laid out guidelines as far back as 1972.  I haven’t seen a lack of integrity is any more or less of an issue now.  The Department already has a 5 inch thick policy.  What concerns me is that with the incredible amount of paperwork that an officer has to fill out, that the Department has been inconsistent as to when the “truth” requirement is absolute, such as when officers finish an in-service at 3:00, they are told to fill in their paperwork as having left at 5:00.  Integrity means everything to officers, and when they are tripped up by a detail, it shouldn’t have to follow them for their entire career.
Commissioner Brown explained why the Commissioners feel that this integrity policy is so important.  If there are supervisors that are instructing a trooper to do something that is not ethical, we want to talk to that supervisor.  I don’t think that it is our intention to trip up officers on typos or honest mistakes.  We do want to send a clear message from the top to the bottom that we demand integrity throughout the Department.
Col. McCraw added that the core value of the Department is integrity.  The vast majority of our ranks follow this down the line.  We want to draw a clear line that if you are caught in any lie that could jeopardize the ability of the state to prosecute a crime, it will not be tolerated, and they will no longer be a trooper.
Comm. Barth – That is just what we are trying to do, end the environment of fudging. 
Chairman Polunsky –  This commission is doing everything we can for the rank and file troopers on the road, but we will have a zero policy for anything other than the truth.
Mr. Dickson suggested that perhaps a non-disciplinary ruling could be made by council when there is a question of which version of the “truth” should be entered into the record.

IV. DIRECTORS REPORT

Colonel Steve McCraw – Our next step in our charge to improve homeland security is to lay out a strategic plan.  We anticipate an 18% increase in population along our border.

• Another Deloitte recommendation was to create a counter-intelligence initiative which is what we are doing with our fusion center and we are building a policy to coordinate other fusion centers, like the one in Laredo/Webb County, activities across the state.
  
• TXDOT – The barrier cables along our highways are an impediment to DPS responding to accidents.  We are asking for access points that will allow emergency vehicles to cross the median in response to incidents.  We are also wanting TXDOT to address the problem of setting up CVE inspection stations like the one in San Marcos that puts our officers and the public in danger due to the backup that such inspections necessarily cause.
  
• Later today you will hear about DPS’s response to the horrific incident at Ft. Hood, and I would like to commend everyone for the excellent job that they did in this difficult situation.
  
• We continue to work to improve coordination with Public Prosecutors to improve communications across various law enforcement agencies.
  Chairman Polunsky questioned Col. McCraw about the need and duplicity of regional fusion centers when we are working hard to make the DPS fusion center in Austin the finest in the state.  Col. McCraw stated that some of these centers have been funded by various grants, and have some significant track record.  It is our focus to coordinate these centers and benefit from their expertise and communication.
  Comm. Steen asked what Col. McCraw feels are his major accomplishments  and challenges in his four months as the Director.
  Accomplishments:
   
   
   
  • 1. The leadership team that I have been able to build with the Commission’s help
    2. The demonstrated efficacy of the Regional system that was recommended by Deloitte and has proven to be an efficient model
    3. The TXDOT partnership that we have just discussed. Coalitions and partnerships are going to be critical to our success when competing for limited financial resources

  Challenges:

   
   
  • 1. As Don Dickson pointed out, the 5 inch policy manual poses many challenges and we are working to address this.
    2. On the service side, Dep. Dir. Rable is working to address our HR from recruitment to retirement.
    3. We are challenged by getting the additional black and whites that the legislature and the governor has given us outfitted and on the roads in a timely manner.

  Comm. Clowe thanked him but suggested that he left out a few accomplishments, including progress in cleaning up the DL Division, and improving the concealed handgun licensing issuance timeline, and your hands on approach to improving recruiting.
   

   

V. NEW BUSINESS

A. Discharge appeal hearing and possible action regarding DPS Employee Jonathan Barnett

Mr. Barnett has dropped his appeal, having been convicted in a criminal matter.

B. Report, discussion and possible action on the Fiscal Year 2010 Operating Budget

Sheryl McBride, Asst. Director for Finance at DPS.  Comm. Barth’s assistance in preparing this budget has been invaluable. Some months ago it was identified that there were non-funded items that need to be addressed.  We have identified $23,409.822 in unfilled salary positions of which we propose using approximately $17,300,000 towards the non-operating expenses, leaving a shortage of $6,056,950, and another $10,164,965 in motor vehicle inspection fees  and crime records receipts that could be applied to the operating costs leaving a shortage of $776,662. Our total unfunded shortage is $6,834,612.

First – Budget Variance Framework FY 2010 Item Description:

Non-Operating

• 1. Stipends for bi-lingual officers cannot be covered out of the highway patrol budget – $608,988
  2. State Auditor classification costs – $406,959
  3. Lump Sum Retirement Payments – $2,125,000 (not included in the LAR)
  4. Non-Commission Salaries – $3,091,212
  5. HP HQ, Regional Staff & Breath Test – $4,034,360 (51 additional positions + bldg costs)
  6. Reorganizational Expense – $2,242,499
  7. Drivers License Salary Civilian Model – $1,600,000
  8. Concealed Hand Gun Demand Projection – $2,842,854
  9. Generator Finish Out – $400,000

Operating Costs

• 1. Utilities – $2,071,323 (requested in the LAR but not approved by the legislature)
  2. Gasoline (Appd at $1.38/gal) $6,966,980 (again requested but not approved)
  3. DPS Building Assessment – TFC – $350,000

Total:  $26,740,175

Comm. Clowe – The latest organizational chart was approved 10/29/2009.

Comm. Barth asked Col. McCraw about the 11.5% overage cost and how the Department was going to deal with it.  Col. McCraw explained that because of a newly mandated procedure of having to purchase cars like all other state agencies due, through a dealership.  To address this, we are going to be forced to accept 11.5% fewer cars.  We used to be able to negotiate purchasing our vehicles directly from the manufacturer and were able to make better deals.

Items for Future Consideration

• 1. HQ Security TFC Design Specs – $350,000
  2. HQ Security Construction – TBD
  3. Recruit School Dorm Safety and Water – $4,000,000
  4. Recruit School 10 Weeks 2010 – $921,761
  5. Recruit School Starting 7/2010 – $645,233 (first 7 weeks – remainder to fall into 2011)
  6. Information Technology Critical Salary – $1,100,000
  7. General Counsel Additional Staff – Procurement – $443,050
  8. Texas DPS 75th Anniversary – $25,000
  9. Private Security Technology Request – $2,200,000

Total – $9,685,000

Asst. Dir. Bowie –  in response to Chairman Clowe’s question, we hadn’t considered passing along the additional funding request for the Private Security Bureau to the beneficiaries of that request.  We will look into that.

Comm. Barth questioned the significant costs of running the recruit schools and upgrading the academy.

Col. McCraw said that they are considering doing in-service training at regional facilities, which could provide a significant savings.

Comm. Barth suggested that the Department look at putting in a “Ford” fix for now, rather than the Fire Marshal’s “Cadillac” solution.

Chairman Polunsky put the Director on the spot by asking how much the “patch” solutions are costing the Department. He asked Col. McCraw that if he didn’t know that number, who is responsible for knowing what that cost is.

Comm. Barth moved to approve the $26,740,000 as laid out, with the stipulation that no new, unfunded non-commissioned positions or hires are added.

Chairman Polunsky admonished Finance that he does not feel that going back to the “unfilled positions salaries” cookie jar year after year.

Commission passed the motion unanimously.

Comm. Clowe moved to approve the HQ Security ($350,000) and the 10 Week Recruit School ($921,7610 and leave the remaining Future Consideration items for further discussion and action at the next PSC Meeting.

Comm. Clowe withdrew his motion until later in this meeting or perhaps the next PSC Meeting.

Valarie Fulmer, Assistant Director for Administration, reported back to the Commission that the recruit classed utilize a total of 25 commissioned personnel and 14 non-commissioned personnel.

Chairman Polunsky asked where Ms. Fulmer got the information, and she replied from the Academy staff.  He suggested that all departments should consider having more support staff on hand for the Commission meetings.  He has noticed that the crowd has thinned at these meetings.

4:45 pm,  Chairman Polunsky asked to return to this agenda item, and after discussion in executive session, the Commission would like to take further action.  Comm. Barth, despite reservations of the $4,000,000 price of the Dorm Safety and water issue, I would recommend that we move the academy off campus.  Comm. Clowe agreed and said that the long term fix has to be addressed.

Comm. Barth moved to authorize $1,000,000 of the $4,000,000 to take appropriate emergency actions to move off campus for the interim and to move forward with getting a engineering and cost proposal for making the necessary remodel to the Academy to meet the Fire Marshall’s required updates.

Passed unanimously.

Comm. Brown moved to postpone the 10 week recruit school and not extend further offers.  Second by Comm. Clowe.

Passed unanimously.

All other items will be deferred to later meetings.

 
C. Discussion and possible action to define Contract Review Board and role of
Commissioner on the Board

Comm. Barth – I’ve been working with Valarie Fulmer to differentiate between the large contracts from those that don’t need direct Commission oversight.  She asked Stuart Platt to review the contracts and recommend the ones that are appropriate for oversight, and particularly the ones involving exigent matters.

D. Discuss and possible action on proposed Mission, Vision, Goals and Values statements for the department

Col. McCraw – I’ve been working with my Leadership Team to develop these statements:

Mission – What we do… – “Protect and Serve” (Texas)
Vision – How we do it…
Goals – Where we are going…- “Combat Terrorism and Crime, Public Safety, Lead in Response and Recovery, Provide World Class Services” (these are not prioritized).
Values – Why we do it… – “Integrity, Teamwork, Excellence, and Accountability”

We recommend keeping our same motto: “Courtesy, Service, Protection”.

Comm. Clowe moved to adopt the recommended statements.  Comm. Brown seconded.  Approved 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 Directors action of discharging employees as identified in this agenda; ongoing criminal investigations

Commission adjourned to Executive Session at 1:30 pm.
Reconvene: 3:50 pm.

VII. ONGOING BUSINES
Reports, discussion and possible action regarding the following:
A. Report, discussion and possible action regarding recruitment policy committee

Comm. Ada Brown – Almost half of the current recruit class come from current DPS Troopers, and only 11% came from the current recruiting efforts. We have 5 recruiters in Austin and 7 regional recruiters, and 0 full time recruiters.  We have a Lieutenant, 4 Sergeants and 4 Corporals in Austin.  These recruiters primary responsibility is to THP not to HR.  I recommend that we: 1. add at least one full time recruiter; 2. Move the recruiter office on the HQ campus (currently in Bldg C on HQ campus) or move to a public venue like a Mall; 3. Create and distribute a uniform recruit data form that our troopers in the field can carry with them to hand out when appropriate; encourage troopers to have a community presence – wear uniforms to events etc. (Asst. Dir. Baker has been very supportive for this) ; we have 7 wrapped recruitment vehicles (one per region) and I would like to see more; we have no materials to distribute – we need a brochure;  we need more of these pop-up “billboards” for use at recruiting fairs; if we bumped the Corporal to a full Sergeant position it would help to retain recruiters and compensate them for not being able to have secondary employment; I recommend a $1,000 incentive to employees that bring in a recruit that gets commissioned.; diversify our skill set recruiting; our website is inadequate in the recruiting area; buy a “joindps.org” domain address…easier to jot down or remember; Consider adding the pop-up displays at all of the DL offices; create a marketing advisory board to create great branding too; consider guaranteeing a duty assignment before the Academy start; develop a mentor program for recruits and families; create a regional liaison program for recruits and families for relocation; advertize the college credit available from the Academy; try to get the legislature to allow college tuition reimbursement for troopers and their immediate families.

Col. McCraw commented that these were very well thought out and he felt that he would like to move quickly to adopt them. Comm. Barth commented on the tuition reimbursement being tied to longevity, but that would have to be approved legislatively.

Comm. Clowe commented that the recommendations are rife with great ideas, and now we have a new Assistant Director of Human Resources, Jesse White, and I feel that we need to turn these recommendations over to him to get these things done.

Chairman Polunsky asked Col. McCraw for an update on progress at each of the PSC meetings.

B. Report, discussion and possible action regarding overtime and compensatory time policies for Department employees

Comm. Brown, asked that this item be move to a future meeting, perhaps in March.

C. Office of Inspector General interview process, status report on the search, discussion and possible action on the appointment

Comm. Barth – I am moving along and hope to have something to report at the next PSC Meeting.

D. Report, discussion and possible action on procedures for appointing and monitoring the status of specially commissioned persons under Government Code

411.023 and 411.024 as well as Code of Criminal Procedure Articles 2.121 and
2.125:
1. Review and commissioning process for retired and former Department personnel
2. Review and commissioning process for persons not retired or previously employed by the Department

Duncan Fox – Asst. Counsel – replying to Comm. Clowe’s previous inquiry regarding the Special Ranger Commission, these are limited enforcement .

E. Report, discussion, and possible action by the Commission regarding modification and transformation of the DPS organizational structure  approval of personnel placements and salaries pursuant to Government Code chapter 411, Secs. 411.005, 411.006 and 411.0071

F. Report, discussion and possible action on Departmental proposal for policy on integrity expectations for employee conduct

Col. McCraw laid out the Integrity Policy in a presentation and made the motion to have the Integrity Policy approved by the Commission.

Passed unanimously. (Commissioner Steen had already left.)

G. Report, discussion and possible action regarding purchases using seized funds

Already covered.

H. Report, discussion and possible action on department recruitment

Already covered.

 
I. Discussion and possible action regarding security measures for Department

Barbara Hinesly – Asst. Counsel.  We have 18 subcommittees and have had great support from affiliated associations including the DPSOA. We have met twice, we have a website up, we have an accounting plan being assisted by Mr. Haas.  Memorabilia, the commemorative Badge should be available in January.  DPSOA will be handling all of the other memorabilia materials.  We’re working on a 75th Anniversary yearbook.  We are looking at a kickoff date of April 10, 2010, in conjunction with the graduation date of the B-09 recruit class. The main HQ celebration is scheduled for August 6, 2010, and we have much of the activity already mapped out. We will have contingency plans for inclement weather.  Our next scheduled meeting is set for Dec. 10, and we will vote on the logo at that meeting.  This is also a great recruiting tool as well.

J. Update report, discussion and possible action on 75th Diamond Jubilee Anniversary of the Department from the Diamond Jubilee Committee

VIII. REPORTS
A. Commission member reports and discussion

None

B. Finance Report

Cheryl McBride – CFO DPS – Reported the amount of seized funds that are available and listed possible items for its use.  Commissioner Barth said that she does not like relying on and using seized funds for ongoing budget items.  Col. McCraw agreed that seized funds are not a sure thing.

D. Audit & Inspection Report

Ferrell Walker, Audit and Inspection – you have my report, and we are working on two special projects for the Director.

E. Division status reports on activities and action

OIG – Interim Assistant Director (did not introduce himself). – request input from the Commission to set a budget for the Department.  We have several options.  Comm. Clowe suggested writing up his recommendations and distribute it to the Commission for review. It is recommended that it would be less expensive to handle this in house rather than outsourcing it.

Administration – Valarie Fulmer – nothing

CID – Nothing

Drivers License – Michael Kelley – Duke Bodisch has lent us Brian Smallwood to help us with our strategic implementation. We are going to remove phone answering duties from DL office personnel so that they can spend their time assisting customers.

Our new $48,000,000 system is being implemented much more efficiently through coordinated teamwork of the IT, Deloitte, training, and supervisors.

Chairman Polunsky suggested that we place signage on the DL facilities that automated defibrillators are on site and available to the public.

Emergency Management – Jack Colley – Nothing

Government Relations – Amanda Ariaga – Nothing

Highway Patrol – Chief Baker –

IT –  Nothing

Mike Simpson – Assistant Director for Law Enforcement Services – One of our charges is to better coordinate with other law enforcement agencies in the State.  We have worked out a trade of radio band width that we have but currently are not using to Houston, in trade for millions of dollars worth of resources that they will make available to us.  We are working out the details of the agreement.

We will be testing the field biometric fingerprint capabilities for on road DPS Troopers.  We will have to go out for bids and select a vendor.

We are purchasing a $1,000,000 DNA Robot, that should be able to double our DNA testing capabilities.

Regulatory Licensing – Nothing

Texas Rangers – Nothing.

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 on the Directors action of discharging probationary employee: John Hellman
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: Richard Leroy Alexander, Dwight Lee Gray, Jay Michael Griffin, William Lawrence Hill, Donald Myrl Jones, Kevin Lee McCasland, Garry Lee Parker
C. Review of pending contract: Information subscription service (Dallas Computer
Services, Inc.)
D. Discussion and possible action regarding donations as provided under Govt. Code Ch. 575:
1.  Authorization of Department to accept gifts of money or property
2. Acknowledgement of donation of the Economic Development Corporation of Weslaco of approximately 21.29 acres in Hidalgo County to the Department to build a regional office
3.  Acknowledgement of proposed donation of a radio tower, communications shelter and a generator in Colorado County
E. Discussion and possible action on adoption of proposed rules:
1.  Proposed amendments to Chapter 15: Rules 15.5, 15.7, 15.21-15.23, 15.25-15.31, 15.33-15.40, 15.42, 15.44, 15.48, 15.52, 15.54, 15.56, 15.59, 15.81-15.83, 15.85, 15.87, 15.91-15.93,  15.101, 15.113, 15.114, 15.131, and 15.163, 37 TAC Secs.15.5, 15.7, 15.21-15.23, 15.25-15.31, 15.33-15.40, 15.42, 15.44, 15.48, 15.52, 15.54, 15.56, 15.59, 15.81-15.83, 15.85, 15.87, 15.91-15.93, 15.101, 15.113, 15.114, 15.131, and 15.163, regarding Driver License Rules, as published in 34 TexReg 5327-5344, August 7, 2009
2.  Proposed repeal of Rule 15.8, 37 TAC Sec. 15.8, regarding Classified Driver
License, as published in 34 TexReg 5328, August 7, 2009
3.  Proposed repeal of Rules 15.41 and 15.47, 37 TAC Secs. 15.41 and 15.47, regarding Application Requirements-Original, Renewal, Duplicate, Identification Certificates, as published in 34 TexReg 5333, August 7, 2009
4.  Proposed repeal of Rules 15.111 and 15.112, 37 TAC Secs. 15.111 and
15.112, regarding Denial of Renewal of Driver License for Failure to Appear for Traffic Violation, as published in 34 TexReg 5341, August 7, 2009
5.  Proposed amendments to Chapter 16: Rules 16.3, 16.4, 16.8, 16.9, 16.11,
16.12, 16.34, 16.47, 16.48, 16.50, 16.51, 16.71-16.73, 16.75, 16.99, and
16.103-16.105, 37 TAC Secs.16.3, 16.4, 16.8, 16.9, 16.11, 16.12, 16.34,
16.47, 16.48, 16.50, 16.51, 16.71-16.73, 16.75, 16.99, and 16.103-16.105, regarding Commercial Driver License, as published in 34 TexReg 5344 –
5355, August 7, 2009
6.  Proposed repeal of Rule 16.91, 37 TAC Sec. 16.91, regarding Noncommercial Motor Vehicle Permits, as published in 34 TexReg 5353, August 7, 2009
7.  Proposed amendments to Chapter 18: Rules 18.1-18.4 and 18.21-18.25, 37
TAC Secs. 18.1-18.4 and 18.21-18.25, regarding Driver Education, as published in 34 TexReg 5355 – 5360, August 7, 2009
F. Discussion and possible action on proposed rules for publication:
1.  Proposed new Rules 28.171 – 28.175, 37 TAC 28.171 – 28.175, regarding preservation, cataloging, and delivery of biological evidence
2.  Proposed amendment to Rule 27.1, 37 TAC 27.1, regarding review of personal criminal history record

Comm. Clowe moved to approve all items except for D. 1 – which was a placeholder in case needed.

Passed unanimously, without Comm. Steen.

X. ITEMS FOR FUTURE AGENDA

None

 

XI. DATE FOR FUTURE MEETINGS

December 11, 2009

XII. ADJOURN
 

Adjourn: 5:38 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.

The Public Safety Commission may meet and discuss in Executive Session and have action taken in an Open Meeting where required on the following items:
Government Code Sec. 551.071 Consultation and deliberation with legal counsel about pending or contemplated litigation or a settlement offer, or on a matter where the Commissioners seek the advice of their attorney as privileged communications under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and to discuss the Open Meetings Act and the Administrative Procedures Act with their attorney
Government Code Sec. 551.074 Appointment, employment, evaluation, reassignment, duties, discipline or dismissal of director, assistant director, and persons appointed to management team positions pursuant to Govt. Code Sec. 411.0071
Government Code Sec. 551.076 Deliberations about security audits, security devices, including deployment and implementation of security personnel and devices Government Code Chapter 411, Sec. 411.0041 Ongoing criminal investigations
Government Code Sec. 551.072  Deliberation of the purchase, exchange, lease, or value of real property, if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person
Government Code Sec. 551.073 Deliberation of a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person

DPSOA Summary of the Public Safety Commision Meeting, September 17, 2009

DPSOA Members:

I was not able to attend today’s Public Safety Commission Meeting today.  I asked DPSOA’s Executive Director, John Pike, to prepare a summary of the meeting.  A few of the items of interest include:

• – Director McCraw identifies some funding and asks the Commission for additional funding for Tactical Body Armor, Ballistic Helmets, Tactical Light and Rail System, Tasers, and Utility Uniforms.
  – Approved Asst. Director David Baker’s recommendation to extend the hardship duty station stipend from two years to the extent of their service at that duty station. The PSC also approved allowing the option of a monthly payment of the stipend rather than the one time yearly payment.
  – The PSC approved Asst. Dir. Kelley’s proposed change to the Driver Responsibility Program with regards to indigent and amnesty programs.
  – The new Asst. Director for Licensing and Regulatory, John Jones, and the new Asst. Dir. For Office of Intelligence & Counter Terrorism, Fred Burton, were introduced and gave reports. Also, Captain Henry “Hank” Whitman , the new Interim Inspector General gave his first report.
  – New Regional Commanders were named and approved by the PSC.
  – Brad Rable was promoted to the new position of Deputy Director of Services, with a new Asst. Dir. of IT to be named later.

The full summary is available below. 

Brian Hawthorne,
President
DPS Officers Association

 

Public Safety Commission Meeting
Thursday, September 17, 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

10:45 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown and John Steen. Also present were Dir. Steve McCraw, Dep. Dir. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

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)

None

IV. DIRECTOR’S REPORT

Director Steve McCraw listed a priority list totaling $6,162,473.00, including Tactical Body Armor, Ballistic Helmets, Tactical Light and Rail System, Tasers, and Utility Uniforms. They have identified funding sources in the amount of $3,320,987, including Federal seized funds, re-appropriated Earned Fed. Funds, leaving $2,841,486 still in need of funding.

Regarding the Strategic Plan, we are setting assessment points to look at over the next 3-5 years. The Chief of Staff will be involved in assessing these defined metrics. Comm. Barth asked what was authorized by the Legislature for cars.  Dir. McCraw and Deputy Director Beckworth answered $60,000 per vehicle, which is $43,000 per vehicle fully equipped, plus additional funding for operating and maintenance expenses.  All cars will have in car video systems.

Comm. Barth asked what else the Fed. seized funds be used for? 

Dir. McCraw answered that as long as they are used for “Law Enforcement” purposes.  As far as salaries are concerned, the funds may only be used for entry level salaries.

Chair Polunsky clarified that nothing is being sacrificed to move these priorities forward.

Comm. Clowe asked Dir. McCraw questions regarding the tactical body armor (25 pounds that could save a life in a shooting situation), the ballistic helmets, and the tasers.  He mentioned concerns about possible over use. Dir. McCraw said that he feels strongly that the tasers enhance trooper safety and will save lives without the use of deadly force.  The cost of the tasers ($2,760,148.00) does not include the training component.  Dep. Dir. Beckworth stated that they have already developed training and understand the importance of proper instruction. Comm. Clowe asked about the weight of the tasers since the troopers will be carrying these on their belts.  The Colonels didn’t have that answer.

Comm. Clowe asked about alternative utility uniforms, and asked about the T-shirts with police on them.  The cost ($584,648.00) will provide two utility uniforms per trooper.

Comm. Clowe asked Dir. McCraw exactly what his “ask” to the Legislative Budget Board will be.  Dir. McCraw said he would simply state what they would like to do and if they had any objections to moving forward with this.

Since this was not on the agenda for today’s meeting, the Commission could not vote on the recommendations, but asked Dir. McCraw to add it to the next meeting’s agenda and they would likely have a favorable vote.

V. NEW BUSINESS
A. Update, discussion and possible action regarding the recruitment policy committee

Comm. Brown said that she hopes to have recommendations by Sept. 24.

B. Discussion and possible action regarding the overtime and compensatory time policies for Department employees

Comm. Brown asked to move this item to the November agenda; nothing to report at this time.

C. Discussion and possible action with regards to Executive Management Team Salaries

Deferred until after the Executive Session.
Post- Exec. Session:
Motion for Chair to work with the Director to develop the salaries of the Executive Management Team. Motion passes 4-0, with Comm. Brown absent.

D. Discussion and possible action regarding hardship duty stations

Dir. McCraw stated that this stems from feedback from the field in hard to fill duty stations.  Asst. Director Baker – The 77th Legislature in 2001 authorized a stipend of $2400 per year for the first two years for 25 (later moved to 40) hardship duty stations.  Currently we have identified and put in place 37 of these stations, and we pay a one-time stipend of $2400, pro-rated over the time they were there.  We have recommended changing this to a monthly stipend, and not limiting it to the first two years, since the hardship continues beyond those first two years. Asst. Dir. Baker listed the 37 for the Commission. 

Comm. Barth said that she feels this should be a budgeted item.  She agreed with the need and the monthly payment, but feels that we need to look at it from a fiscally responsible budget point of view.  Dir. McCraw suggested that there is a cost savings in not relocating and replacing troopers in these hardship areas.  Chairman Polunsky also pointed out that troopers’ spouses have a more difficult time finding employment in these hardship areas. Dir. McCraw also pointed out that the secondary employment opportunities are not in these areas as well.

Comm. Steen made a motion to approve the recommendation and seconded by Comm. Clowe.
Passed unanimously.

E. Discussion and possible action regarding Proposal for Executive/Officer Insurance renewal

Counsel Stuart Platt asked to defer the discussion until after the Executive Session.
Post Executive Session – Motion not to renew the E&O policy by Comm. Clowe.
Motion passes 4-0, with Comm. Brown absent.

F. Consideration and discussion of departmental procurement process

General Counsel Stuart Platt and Asst. Dir. Brad Rable (IT). Asst. Dir. Rable – we are looking at a much more robust procurement plan that looks further to the future.  We are trying to plan for future needs, contingencies for software company buyouts, renewal and update triggers, etc.  We are drawing up this model for IT now, but expect to use this same type of plan for all procurement areas.  Chair Polunsky asked why Asst. Chief Fulmer is not speaking on this since procurement falls under Administration.  Dir. McCraw said that he assigned Platt and Rable to this task.  Rable stated that this has been a collaborative process including Asst. Dir. Fulmer.  Chair Polunsky asked Fulmer to come forward.  Asst. Dir. Fulmer stated that she has been included and looks forward to a unified system.

Gen. Counsel Platt stated that this plan is a better use of state resources and stewardship. We anticipate setting up a Contract Review Board (CRB).  We recommend lowering the threshold, allowing us to review more vendors’ contracts.  Our goal is to have this plan in place by December of 2010.  The CRB Members will consist of Decision Makers, Staff, and Governance Representative (from the Commission) to sit in on the CRB.  Initial Tasks include developing review criteria, leveraging software for monitoring, identifying scope of control, defining roles for members, review of all active contracts, and after action feedback.

The challenges to this new Procurement Plan include avoiding bottleneck effects, physical process of meeting the CRB, emergency procurements, effective communication strategy (PSC, DPS, public), and protecting state competitive position.  We are asking the Board for assistance in opening these lines of communications especially with regards to emergency procurement.  Platt also asked that some contract discussions be held in Executive Session to maintain a competitive edge in contracting.

1. Commission Member be named to the CRB with an alternate designated
2. A provision to facilitate emergency procurement subsequent to PSC review at the earliest opportunity.
 
I will ask for action on these requests at the next PSC agenda.
 
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

Adjourn to Executive Session at 11:55 am.
Reconvene Session at 3:15 pm.
VII. ONGOING BUSINESS
       Reports, discussion, deliberation and possible action regarding the following:
A.    Update report, discussion and possible action on Physical Readiness Test

August 25, Dir. McCraw and Dep. Dir. Beckworth met and adjusted the PRT implementing a body fat index and will be meeting with the Committee to look into addressing gender and age adjustment issues.  No action was requested or granted.

B. Presentation, discussion and possible action regarding the Drivers License Division-Driver Responsibility Program

Asst. Director Michael Kelley – Drivers License Division – Findings on the proposed rule suggest changes to the surcharge program. We are looking for a truly good indigent and amnesty program without drastically affecting our revenues as projected by the Comptroller’s Office.

Recommended one time surcharges (replaces 3 annual surcharges):
DWI – $500
No Insurance/DWLI – $250
No DL – $150

16.3% of Texans are at or below the Federal poverty level.
Revenue loss/gain estimated at $2 million during the 2010-2011 biennium.

Counsel Platt suggested motion language for a request for change in the surcharge program as recommended by Asst. Dir. Kelley, modifying two prior motions by Comm. Clowe.
Motion passed unanimously.

C.    Discussion and possible action regarding security measures for  Department 

Asst. Dir. Fulmer – I have nothing for the open session.  Will be happy to answer questions.

D.    Update report and possible action on 75th “Diamond Jubilee” Anniversary of the Department

Chair Polunsky – Appointed a Committee to plan the Diamond Jubilee – Barbara Hensley will Chair the Committee. Also appointed, Dept. Director Beckworth to Co-Chair.  Asked Comm. Clowe to serve on the Committee and asked that they add other Committee Members.  Chair Polunsky invissions a series of celebrations across the state to celebrate the momentous occasion.  August 10 is the actual 75th Anniversary.
VIII. REPORTS
A. Commission member reports and discussion

No Commission Reports.

B. Budget Matters

Dir. McCraw – we currently have a provisionary budget, and hope to have a budget for approval at the next Commission Meeting.

C. Audit & Inspection Report

Nothing to ad to the Commission Report.

D. Division status reports on activities and action
1. Follow-up status of Concealed Handgun License applications

John Jones, new Asst. Director for Licensing and Regulatory. – We are working through the backlog and will begin contacting individuals who have submitted incomplete applications.

2. Status report from Office of Inspector General

Captain Henry “Hank” Whitman – Interim Inspector General – Came on Sept. 3rd. Working ideas which will help the new Inspector General when he comes on board. We are trying to set standards for discipline that will bring about consistency across the state. We would like to implement the ethics hotline as soon as possible.  There are about 16 vendors that offer this type of program ranging from $13,000 to $100,000 for reporting abuse and fraud.  TxDOT has such a system in place and we will meet with them.

We are looking into programs to help us to track all of these issues, and to help us go paperless.  I am looking at several of these, but they also come at a price.

3. Status report from Office of Intelligence & Counter Terrorism

New Asst. Director Fred Burton  –  (first PSC Meeting) Currently evaluating Capitol Complex and Headquarters and assessing international gang threats.

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 on the Director’s action of discharging probationary employee:  Anthony Morales (Tx Gov Code 551.074) 

No discussion. Motion by Clowe, 2nd by Barth. Passed unanimously.

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 – Steven  E. Davis, Francisco Elizondo, Jr., Mario C. Escobedo, Reginald B. Fields, George Olivo, Martin C. Santiago,  Estella Valenzuela; Special Texas Rangers –  Charles R. Brune and National Insurance Crime Bureau – Juan J. Aguilar

Comm. Brown read through the names and made the motion to approve. 2nd by Clowe.
Approved unanimously.

Comm. Steen asked Dir. McCraw to report back to the Commission regarding the history and meaning of these types of appointments.

C.    Advice and consent by the Commission regarding appointment of deputy directors, assistant directors, and   heads of divisions and bureaus pursuant to Government Code chapter 411, Secs. 411.005, 411.006 and 411.0071

Motion by Comm. Clowe and 2nd by Barth.
Regional Commanders:

Billy Fulton – Lubbock
Skyler Hern – El Paso
Jack Weston – Dallas
LC Wilson – Houston
Jose Rodriguez – McAllen
Louis Gonzales – San Antonio

Deputy Director of Services – Brad Rable

Passed unanimously

We will leave the Asst. Dir. of IT open for the time-being. We will recommend Mark Doggett to be Asst. Director of IT at the next PSC meeting.

D.    Contracts for review by Commission
1. Review of signed contract renewal for forensic DNA kits

Moved and 2nd.  Passed unanimously.

E.    Discussion and possible action on adoption of proposed rule:
1. Proposed amendments to Rule 28.93, 37 TAC Sec. 28.93, regarding Policy, Procedure and Rule Compliance for DNA laboratories, as published in 34 TexReg 4626, July 10, 2009

Moved and 2nd. Passed unanimously.

F.  Discussion and possible action on proposed rules for publication:
1. Proposed amendment to Rule 14.52, 37 TAC Sec. 14.52, regarding Texas School        Bus Specifications

Moved and 2nd. Passed unanimously.

2. Proposed amendments to Rule 27.121, 37 TAC Sec. 27.121, regarding Sexual Assault Reporting

Moved and 2nd. Passed unanimously.

X. ITEMS FOR FUTURE AGENDAS

Comm. Clowe – update and report on Diamond Jubilee celebration for every meeting going forward until the celebration.
Comm. Barth made an inaudible request.

XI. DATE FOR FUTURE MEETINGS 

October 15, 2009 will be the next meeting.

XII. ADJOURN

Adjourn: 4:10 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.

The Public Safety Commission may meet and discuss in Executive Session and have action taken in an Open Meeting where required.

DPSOA Public Safety Commission Meeting Summary – 07/17/2009: Steve McCraw Named New Director of DPS

DPSOA Members:

I was not able to attend today’s Public Safety Commission Meeting because I was attending the funeral of a good friend, Deputy Sheriff Shane Detwiler, who was shot and killed while responding to a domestic disturbance call in Chambers County. Deputy Sheriff Detwiler spent 6 years as a State Game Warden where I had the opportunity to get to know him quite well.  Many of us responded to a call of an officer under fire where DPS Trooper Kevin Kelley, along with Deputy Sheriff Henry Tyson, heroically risked their life in a barrage of bullets to drag Deputy Sheriff Detwiler to cover.  Unfortunately, Deputy Sheriff Detwiler’s wounds proved fatal. 

I can’t tell you how proud I was of the showing of DPS Troopers at Deputy Sheriff Detwiler’s funeral today. Black and whites stood out in the funeral procession. It demonstrates to me, once again, why we serve.

I would like to thank DPSOA Vice President Gary Chandler and Board Member Chris Pratt for their personal time to attend the PSC Meeting today for our Association. They report that our new Director, Col. Steve McCraw, tells them that he feels that the strength of the Department lies with our people, and providing them with the direction and tools to do their jobs effectively will continue to improve our agency. Sgt. Chandler also congratulated Michael Kelley, the newly appointed Chief of the Drivers License Division, and was very impressed with Chief Kelley’s enthusiasm for his new challenge and his eagerness to continue working closely with the DPSOA for the good of the Department.  And finally, Gary welcomed the new Chief of IT, Brad Rable, who expressed an eagerness to work with DPSOA in relating to the Legislature the continuing need to improve IT at DPS. Chief Rable brings a strong background in both corporate and governmental experience to his new position.

I have asked our Executive Director, John Pike, to provide our Members with the summary below of today’s PSC Meeting.

Brian Hawthorne – DPSOA President

 Summary
(This report represents a summary of events of the meeting,
 and is not necessarily complete nor an exact transcript of testimony. DPSOA’s coverage begins on day two, Friday, since Thursday’s Meeting was Executive Session to interview the top three Director candidates. )

Public Safety Commission Meeting
Thursday, July 16, 2009 10:30 a.m.
Directors Conference Room
5805 N. Lamar Blvd. Bldg A
Austin, TX 78773
Friday, July 17 2009, 10:30 a.m.
Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg E
Austin, TX 78752

The Public Safety Commission convened as posted to consider and take formal action, if necessary, on the following agenda items:

I. CALL TO ORDER
II. ADJOURN INTO EXECUTIVE SESSION 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
Interview and deliberate regarding applicants for position of Department Director as authorized under Government Code 571.074

Reconvened on Friday, 7/17/2009 10:34 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown, and John Steen. Also present were Interim Col. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

III. APPROVAL OF MINUTES

Minutes were approved unanimously.

IV. PUBLIC COMMENT (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)

Scott Henson, Austin, author of weblog “Grits for Breakfast”.  Mr. Henson clarified the Sunset mandate of the Drive Responsibility Program to implement the indigence program by Sept 1, 2009, not when the full program goes into place in 2011. Next week we will submit a petition asking the Commission to implement the indigence portion of the Drive responsibility program. He was proposing solutions to collecting civil surcharges for offences (that are on top of fines). Comm. Brown addressed his issues from her perspective as a County Judge, and Chair Polunski thanked him to bring this to the Commissions attention. He added that the Commission will add this issue to the August PSC agenda.

BC Lyon, Austin – came to make a pitch for the DPS Museum.  The Museum would like to be included in any issues involving the 75th Anniversary celebrations.  Chair Polunsky said that they would be very inclusive in the planning.

V. NEW BUSINESS

A. Discussion and possible action to acknowledge individuals who have served the Department in the 81st Legislative Session

Commissioner Clowe presented Chairman Polunsky a plaque with a photo of Chair Polunsky dressed in a

Chairman Polunsky & Comm. Clowe

 “Robbie Knievel” suit in front of the capitol that he and the other Commissioners had mocked up, thanking him for his tireless work at the Capitol this legislative session.

B. Discussion and possible action regarding search for a Division Chief for the Driver License Division, interview processes for this position, status report on the search, and possible action regarding management position candidates

Col. Beckworth said that there was nothing to report at this time, and he would like to table the issue at the next PSC meeting.  Chair Polunsky asked Commissioners Clowe and Barth to assist.

C. Review of pending Contracts:

1. Official Prescription Forms Production and Distribution
2. Electronic Prescription Transmission System $570,000
3. Texas Highway Patrol Information Systems Renewal cost $800,000

Chief Ybarra – Finance – provided a brief update on costs.

E. Discussion and possible action to celebrate DPS 75th Anniversary

Chairman Polunsky asked to assemble a committee to work on putting together a Jubilee Celebration for the 75th Anniversary of DPS.  I would like the committee to include all interested/related groups. Comm. Clowe agreed and suggested a challenge coin and planning a 2 or more day event. Dorothy Wright (col sec) may be the appropriate person to contact if you are interested in participating on such a committee.  By the August PSC meeting I hope to have some more concrete plans for the celebration.

VII. ONGOING BUSINESS

A. Reports, discussion, deliberation and possible action regarding the following:

1. Procurement of a project management contract to implement organizational changes and planning regarding the development and administration of the project management plan for reorganization

Comm. Clowe – we are communicating with a Deloitte representative to designate a date, tentatively August 9.  Comm. Clowe stated that he would be in Argentina on that date.  Chairman Polunsky suggested that with the likely naming of a new Director today, he would like to include the new director in setting that date.

2. Discussion and possible action to implement organizational changes and possible next steps in planning to develop and administer a project management plan and project management office for reorganization of the Department

Covered under item 1 (new Director involvement)

3. Executive search firm services for executive director and 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 Director of the Department

Chairman Polunsky stated that they have come to a decision on the Director and would be announcing it later in this meeting.

Comm. Barth said that the outside search firm would open the search for Inspector General process up to candidates inside and outside of the department.

4. Implementation of Driver License Reengineering, New Driver License System, and options regarding implementation

Chief Michael Kelley – Drivers License Division – Chief Greg Rable – IT Division – We have been working with Comm. Barth on the rollout.  We are insuring that the rollout schedule is not so aggressive to jeopardize the entire project.  We have been working on training and review. So far, 7 offices have been rolled out. We are currently not achieving the quality and efficiency that we had hoped.  Asst. Chief Greg Gloria addressed Comm. Barth’s questions regarding if the Division is addressing the fundamental customer service goals that they are hoping for, and are we collecting data to be able to establish metrics to continuing to improve the system.  We are currently running about 7 minutes longer per transaction with the new system than with the old system…partially due to the learning curve. Currently we are not accepting credit cards, but we will be soon.

Comm. Steen – Chief Kelley – what are your three biggest challenges that you have identified after a week on your new job.

1. Get the right people in the right places.  We have the talent.
2. The number of personnel – how many can we move through attrition into the field
3. Making sure that the individual in the field are the priority – we at headquarters work for them

It was pointed out that DPS has more DL offices than any other state (over 300 as opposed to 50 or so), and Comm. Steen suggested that closing some of the offices might be an area of cost savings.

Chair Polunsky agreed with Comm. Steen and asked Chief Kelley to do an analysis of the DL offices across the street.

Comm. Clowe thanked Chiefs Kelley and Gloria for their work and attitude, and that he felt #3, working with the individual workers in DL is most important and he wanted the DL personnel to know that the Commission appreciates the good work that they are doing and their hard work.

B. Update, discussion and possible action regarding the recruitment policy committee

Comm. Brown – for the past few months I have been meeting with Troopers across the state and gathering ideas of how to recruit the best and the brightest, and I have worked with Chief Paula Logan and Chief Ybarra and would like to lay out recommendations at the next PSC Meeting.

C. Discussion and possible action on year-end repair and rehabilitation projects

Asst. Chief Fulenwider, Administration – we have identified funding for some of these projects, and are working to identify other funding sources.

D. Presentation, discussion and possible action regarding the Drivers License Division-Driver Responsibility-Vendor Management HQ-08-37, September 2008

Interim Chief Michael Kelley – Drivers License Division – with the help of staff discussed working with the contractor to make changes within the statute, and identified other changes that would require statutory changes with Legislative approval.

Chair Polunsky stated that he was not pleased that the renewal of the contract was not brought to the Commissions attention.

Representative from MSB (collection contractor) addressed the Commissions questions. MSB receives 4% of collected funds.

The Commission asked DPS General Counsel Stuart Platt to review the contract.  This was signed prior to the Commission setting the rule mandating Commission review of large contracts, and was renewed for 5 years.  The Commission grilled the vendor for lack of providing backup data for their presentation. 

The Commission was adding this issue to the August PSC meeting agenda after additional review of the contract and subsequent data. There were concerns raised regarding use of the DPS letterhead for the vendor’s collections.

Chief Kelly and Counsel Steen said that they will provide additional information to the Commission prior to the next meeting and would like to include the indigent element as promised to Rep. Hinajosa during the Sunset Process.

E. Discussion and possible action regarding the Sunset Review recommendations and other legislation affecting the Department and the Public Safety Commission

Janie Smith – Legislative Liaison – I’ve provided the final report of the Sunset Advisory Commission.  Pages 4a-4c include the summary of recommendations (available on the Sunset website or through the DPS website).  We tracked 1102 pieces of legislation and 171 passed to enrollment, 5 were vetoed by the Governor.

F. Update report, discussion and possible action on transformation of the administration of the Driver License Division to a civilian model

Chief Michael Kelley – Drivers License Division – Ron Coleman – We are moving forward, all still on track.

 
G. Discussion and possible action regarding security measures for Department

Valarie Fulmer – Administration – We have consulted with Department of Homeland Security.  Much of our focus is on the parking.  We have lost more than 100 spaces due to construction on campus.  Comm. Steen suggested that there was a lot of study and little action.  More would be discussed in Executive Session.

H. Discussion and possible action regarding the procurement of an information management intrusion detection system.

Chief Brad Rable – Information Management – two week and 4 days on the job and working to meet challenges.

(Out of Sequence) 

D. Discussion and possible action to fill position of Department Director

1:17 pm – Chair Polunsky returned to this item.  Three finalists were interviewed at length yesterday. This will be the single most important decision that this Commission makes during our term.

Comm. Clowe discussed the selection process. Korn-Ferry was paid $125,000 for consulting services and search for the Director and did a fine job. We had a number of very fine candidates that wanted this job.  We had a great disadvantage in that the salary is capped at $157,000 per year.  I hope we can rectify this problem down the road because it is woefully underfunded.

Comm. Steen began by thanking Col. Beckworth for the excellent job that he did as Interim Director (Col. Beckworth received a rousing standing ovation).

Chris Pratt, Steve McCraw, Gary Chandler

The motion was seconded by Comm. Clowe.

Passed unanimously.

Comm. Steen made the motion with a conditional offer to Steve McCraw as the permanent Director. He is impressive as visionary and passionate about law enforcement.  McCraw, 55, spent 6 years with the DPS on the front line, beginning as a HP Trooper in Canyon, Texas, in 1977.  He has worked narcotics as well.  He left DPS in 1983 to go to work for the FBI as a Special Agent in Dallas.  In 1992 he moved to the FBI HQ.  His resume is extensive.  In 2004, Steve McCraw moved to the Governor’s Office as the Texas Director of Homeland Security.

 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
Interview and deliberations regarding applicants for position of Department Director as authorized under Government Code 571.074
 
Adjourn to Executive Session: 1:30 pm

Reconvene: 3:00 pm
Chairman Polunsky excused himself from the meeting and asked Comm. Barth to chair the meeting.

VIII. REPORTS

A. Commission member reports and discussion

None

B. Budget Matters

Oscar Ybarra – Chief of Finance – Regarding getting Federal reimbursement for facilities damaged during Hurricane Ike, it appears that we may be eligible and we will pursue it.

C. Audit & Inspection Report

Farrel Walker, Chief of Audit and Inspection – your have my report, and you should be getting three major reports in August, and I hope to have an audit report plan to give at the August meeting as well.

D. Division status reports on activities and action taken

Chief Fulmer – Concealed Handgun Licenses. We have 64 temporaries working currently and the project is on schedule. Approximately 159,000 CHLs issued for 2009.

Chief Tom Ruocco – CLE – You have my report. 

Chief Kelley – Drivers License Division – Nothing additional to report.

Chief Jack Colley – Division of Emergency Management – We are in a critical wildfire situation over most north, east, central, and south Texas. H1N1 – Flu virus continues to be a concern, particularly for the fall back to school period. We currently have 125 counties showing the flu.

Comm. Barth asked Chief Colley to come back to the August meeting with a guideline for at what point do we shut down school systems.  She also asked for getting permanent backup generators for the facilities.

Chief David Baker – You have my report.  Our crash activity report shows that the numbers continue to decline.

June 26, a murder in Hopkins Co. and a radio notice went out and 5 troopers arrived at a location as the suspect was leaving.  The suspect responded with a high powered weapon and was shot and killed by one of the Troopers.

Chief Baker also reported about the death of Deputy Sheriff Shane Detwiler in Chambers County who was shot and killed while answering a domestic dispute call. DPS troopers responded, retrieving the Deputy Sheriff. The perpetrator retreated to the house where he eventually killed himself. DPSOA President was on the scene much of the day, and had known Deputy Sheriff Detwiler for many years that he served as a Game Warden in Chambers County.

Chief Tony Leal – Texas Rangers – We have cleared 4-5 routine murders. We have cleared another case that we have been working since 2005.

Chief Brad Rable – Information Technology – Brian Laine, Asst. Chief joined to answer questions.

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 on appointments of Special Rangers and Special Texas Rangers pursuant to Government Code chapter 411, Secs. 411.023 & 411.024: Paul T. Hopson, Arvel P. Shepard, Teddie D. Williamson
B. Discussion and possible action on adoption of proposed rules:

1. Proposed amendments to Rule 1.4, 37 TAC Sec. 1.4, regarding Programs under Texas Highway Patrol Division, as published in 34 TexReg 2749, May 8, 2009
2. Proposed amendments to Rule 1.58, 37 TAC Sec. 1.58, regarding Release of Information on Crash Victims, as published in 34 TexReg 2750, May 8, 2009
3. Proposed amendments to Rule 1.129, 37 TAC Sec. 1.129, regarding Fees for Sale of Motor Vehicle Crash Reports in Highway Patrol Field Offices, as published in 34 TexReg 2751, May 8, 2009
4. Proposed repeal of Rules 1.281-1.285, 37 TAC Secs. 1.281-1.285, regarding Senate Bill 1074 Video Units, as published in 34 TexReg 2751, May 8, 2009
5. Proposed amendments to Rule 14.52, 37 TAC Sec. 14.52, regarding Texas School Bus Specifications, as published in 34 TexReg 2752, May 8, 2009

F. Discussion and possible action on proposed rules for publication:

1. Proposed amendments to Chapter 15: Rules 15.5, 15.7, 15.21-15.23, 15.25-15.31, 15.33-15.40, 15.42, 15.44, 15.48, 15.52, 15.54, 15.56, 15.59, 15.81-15.83, 15.85, 15.87, 15.91-15.93, 15.101, 15.113, 15.114, 15.131, and 15.163, 37 TAC Secs.15.5, 15.7, 15.21-15.23, 15.25-15.31, 15.33-15.40, 15.42, 15.44, 15.48, 15.52, 15.54, 15.56, 15.59, 15.81-15.83, 15.85, 15.87, 15.91-15.93, 15.101, 15.113, 15.114, 15.131, and 15.163, regarding Driver License Rules
2. Proposed repeal of Rule 15.8, 37 TAC Sec. 15.8, regarding Classified Driver License
3. Proposed repeal of Rules 15.41 and 15.47, 37 TAC Secs. 15.41 and 15.47, regarding Application Requirements-Original, Renewal, Duplicate, Identification Certificates
4. Proposed repeal of Rules 15.111 and 15.112, 37 TAC Secs. 15.111 and 15.112, regarding Denial of Renewal of Driver License for Failure to Appear for Traffic Violation
5. Proposed amendments to Chapter 16: Rules 16.3, 16.4, 16.8, 16.9, 16.11, 16.12, 16.34, 16.47, 16.48, 16.50, 16.51, 16.71-16.73, 16.75, and 16.103-16.105, 37 TAC Secs.16.3, 16.4, 16.8, 16.9, 16.11, 16.12, 16.34, 16.47, 16.48, 16.50, 16.51, 16.71-16.73, 16.75, and 16.103-16.105, regarding Commercial Driver License
6. Proposed repeal of Rule 16.91, 37 TAC Sec. 16.91, regarding Noncommercial Motor Vehicle Permits
7. Proposed amendments to Chapter 18: Rules 18.1-18.4 and 18.21-18.25, 37 TAC Secs. 18.1-18.4 and 18.21-18.25, regarding Driver Education

Comm. Steen asked if Col. Beckworth if he can assure the Commission that all of the above issues deserve a favorable vote.  Col. Beckworth made that assurance.

Motion was made and seconded to approve all of the above items.

Passed unanimously, with Chairman Polunsky absent.

X. ITEMS FOR FUTURE AGENDAS

Three agenda items were recommended.
Comm. Steen asked Chairman Polunsky to return, and asked that at future PSC Meetings, that only the Commission would be seated at the head table, and have the Director and others seated at a table across from the Counsel’s table.  We will also move public comment to the end of the meeting agendas.

XI. DATE FOR FUTURE MEETINGS

Comm. Clowe will be out of town on August 20, so the next PSC Meeting will be scheduled for Friday, August 21, 2009.

Comm. Barth again thanked Col. Beckworth for the fine job that he has done in the interim, and Chairman Polunsky stated that Col. Beckworth is a pillar of the Department.  He went on to say that if Col. Beckworth had been interested in the Director position on a permanent basis, he would have been well suited for the position.  He stated that Col. Beckworth is a great roll model for young Troopers to emulate, and that he hopes that he will continue to contribute to the leadership of the Department for some time to come.

XII. ADJOURN

Adjourn: 3:40 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.
The Public Safety Commission may meet and discuss in Executive Session and have action taken in an Open Meeting where required.

DPSOA Public Safety Commission Meeting Summary 6/18/2009

Summary

Public Safety Commission Meeting

Thursday, June 18, 2009, 10:30 a.m.

Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg. E Austin, TX 78752

The Public Safety Commission convened  as posted to consider and take formal action, if necessary, on the following agenda items:

I. CALL TO ORDER

10:37 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Carin Barth, Ada Brown, and John Steen. Also present were Lt. Col. Lamar Beckworth, General Counsel Stuart Platt.  Commissioner Tom Clowe absent. A quorum is present.

Public Safety Commission - June 18, 2009

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)

Dallas Trip – Texas State Rifle Association – Page, TX – TSRA has been around for 9 yrs.  Dan Walker, TSRA President, is retired DPS Trooper.  We are the Texas affiliate of NRA.  I’m here to voice our concern regarding the delay in the Concealed Handgun Licensing. I’ve provided a handout with info regarding what other states do.  We always hear from DPS that it always comes down to money.

Chair Polunsky – this is an issue that needs to be addressed.  We are experiencing a phenomena with an overwhelming increase in the number of applications that we are receiving.  Normally 64,000 – 65,000 applications are received in a year.  So far we are over 48,000 applications this year.

IV. NEW BUSINESS
A. Discussion and possible action to acknowledge individuals who have served the
Department in the 81st Legislative Session

Michael Kelley, Chief of Public Relations –  Chief Kelley recognized several groups that contributed to the success that DPS had during the Legislative Session.

  Kyle Mitchell
  Governor’s Advisor
  Gov. Rick Perry

 

 

  Amy Trost                                                                       
  Policy Analyst
  Sunset Advisory Commission

 

  Chris Steinbach
  Chief of Staff
  Rep. Lois Kolkhorst
 

 

  Athena Ponce                                     

  Policy Analyst
  Sen. Juan “Chuy” Hinojosa

 

  Lori Gabbert
  Budget Analyst
  Legislative Budget Board

 

 

  Michael Meyer
  Budget Alalyst
  Senate Finance Committee

 

 

 

Adam Burkland, Erika Akpan, and David Erinakes
Senate Transportation & Homeland Security Committee

Chair Polunsky said that he was truly honored, but the true credit should go to the staff that did the hours of work.  He specifically recognized Chief Kelley (and his staff) for his tireless effort in working with the various committees and legislators.  He also thanked Col. Beckworth (and prior to that Col. Clark) and all of the Chiefs that work so hard during the session.

Comm. Steen also thanked Michael Kelley for “the best I’ve ever seen” in the position.  He asked Chief Kelley to introduce and acknowledge his staff.

B. Discussion and possible action to implement organizational changes discussed in the roundtable workshop of June 17, 2009, and possible next steps in planning to
develop and administer a project management plan and project management office for reorganization of the Department

Chairman Polunsky – Meeting was postponed (did not take place).  Comm. Clowe had a medical procedure yesterday, which was minor.  We will likely be making a selection for a permanent Director in the next few weeks, and I wanted to include that discussion in the workshop.  We will reschedule the workshop for a month or six weeks.

C. Report on Department asset forfeiture policy and procedure

Col. Beckworth – I have provided information about the current policy proposal, and I ask that we keep this agenda item open until we get feedback on the policy.  Chairman Polunsky asked Col. Beckworth to look into the possible funding of the additional 150 black and whites (removed from our LAR request for 450) from this fund, or look for other sources for funding such as grants, etc.

D. Discussion and possible action regarding pending litigation and appeal: DPS v. Cox Texas Newspapers and Hearst Newspapers, Travis County District Court, No. D-1- GN-07-004116.

Stuart Platt – I would like to delay discussion until we have additional information for discussion.  Chair Polunsky – also thanked Counsel Platt for his work during the legislative session.

After Executive Session – Stuart Platt – we will report additional information at the next meeting.  If action is required before the next meeting, I will notify the Commission.

E. Discussion and possible action to review and approve a revised policy for vendor responsibilities regarding sensitive personal information acquired by the Department

Stuart Platt – I would like to move this to the Executive Session discussion.  Chair Polunsky agreed.
Following Executive Session: Duncan Fox – have implemented the PSC mandated policy and have had some difficulties that we have worked through.

Commission passed unanimously.

F. Discussion and possible action regarding the Drivers License Division – Driver
Responsibility – Vendor Management HQ-08-37, September 2008

Comm. Barth – Said that she feels that the 35% target for collections seems very low.  Chief Judy Brown said that the DPS model is based on one from New Jersey, and a decision was made that DPS would not  become a hard-core collection agency and would not garnish wages.  I think we may be nearing a saturation point.

Comm. Brown asked who were the people/groups complaining.  If it is the criminals, OK, we’re doing our jobs.  What would be needed to increase the level of aggressiveness regarding collecting. Chief Brown said we would have to change our service level in the contract (contract is in place until 2013).  Chief Brian Lane said that there are some changes that could be implemented right away such as reporting non-payers to the credit bureaus and increasing the frequency of our collection calls.

Chairman Polunsky asked that each Commissioner receive a copy of the contract with a summary.  There was much concern from the PSC that way too much money is being left on the table (currently collecting about $175 million of the $600+ million out there).  I feel that we should be much more aggressive and not worry about the members of the legislature that have concerns regarding the public’s perception of DPS regarding being too aggressive in this collection process.  Chair Polunsky asked that representatives from the contractor at the next PSC meeting and we will have it on the agenda.

G. Review of pending Contracts:
1.  Deliverables-Based Information Technology Services

2.  Stop Stick Tire Deflation Devices

3.  Texas Highway Patrol Information Systems

Chief Oscar Ybarra – Chief of Finance – Stop Stick –  Dustin Crain of HP is the lead person for this contract; Deliverables -Todd Early of HP is the lead person on this contract. The 3rd contract will be discussed in Executive Session. Oscar Ybarra reported following the Exec. Session – Deserie ____ is the lead person.
IV. EXECUTIVE SESSION (if required) to consult with legal counsel regarding pending or contemplated litigation or settlement offers or to  th 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

Break to Closed Session at 11:55 am.
Reconvene: 2:37

VI. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
1.  Procurement of a project management contract to implement organizational changes and planning regarding the development and administration of the project management plan for reorganization

Comm. Clowe not being present, tabled until next meeting.

2.  Executive search firm services for executive director and management positions, interview processes for those positions, status report on the search, and possible action regarding the employment of management position candidates

Comm. Clowe, again.  Not present.  Chair Polunsky – It is the intention of the Committee to meet with search firm, Corn-Ferry, and Comm. Barth and Comm. Clowe will conduct interviews in Dallas or elsewhere, and then bring recommendations to the full Board.

Chief Brown- We have four offices up and running, and are working through some difficulties with the Conflikr virus.  1404.  Tonight we will work on Waco and Bryant, and next week we will move on to Houston. We are asking for an additional $50,000 for the roll-out to cover contingency costs.

B. Discussion and possible action regarding the ongoing Sunset Review recommendations and other legislation affecting the Department and the Public Safety Commission

Chief Michael Kelley – Government Relations – Gave a review of the Bills Tracked during the 81st Legislative Session.  Of the 7419 bills filed, DPS tracked 1102 of them.  33% of the tracked bills (364) were passed to engrossment.

Sunset mandates the PRT standards for DPS must include individual fitness goals relative to an officer’s age and gender.  The bill requires DPS to adopt a reward policy that provides incentives to peace officers who participate in a physical fitness and wellness program.  Col. Beckworth clarified that the bill did not remove the “condition of employment” from the current law, so all affected personnel must still work to pass the PRT.

Office of Inspector General will replace the Internal Affairs Division and will report directly to the Public Safety Commission.

The Private Security Division becomes the Private Security Board and codifies them under DPS and the Public Safety Commission.

By December 1, 2010, the Sunset Advisory Commission will review the DPS implementation of the Sunset changes.
C. Update report, discussion and possible action to develop an approach for transforming the administration of the Driver License Division to a civilian model

Asst. Chief Bob Burroughs, Drivers License Division – Several supervisors have moved to posted positions in HP.  We have just posted 29 new civilian positions.  The process is ongoing.  We have a training program for new civilians coming into DL.  The first class is set for July 21.

D. Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department

Chief Valarie Fulmer –  Chief of Administration – the Committee continues to meet.  We will be discussing possible incentives and will be reviewing the surveys for recommendations.

E.  Discussion and possible action regarding security measures for Department

Discussed in the Executive Session

F.  Discussion and possible action regarding the procurement of an information management intrusion detection system.

Brian Lane, Chief of IMS – We are working on a contract with AT&T.  I do not have a projected date.  I’m waiting for a new draft.  Comm. Barth would like to have a subcontract for our interim coverage.

It was moved that a contract retroactive to the time that AT&T donated the equipment to deal with the Conflikr virus for a period of 6 mos.  Passed unanimously.

G. Report, discussion and possible action regarding the after action report on computer virus containment

Nothing new to report.

VII. REPORTS
A. Commission member reports and discussion

None

B. Budget Matters

Oscar Ybarra, Chief of Finance– 6 Goals for funding
1. Highway Patrol – 9.8% increase
2. Drivers License Division 3.2 % increase
3. Criminal Law Enforcement – 5.4% increase
4. Emergency Management – 1.9% decrease
5. Regulatory Programs – 12.6 % increase
6. Indirect Administration (IMS, TDEKS, etc.) –  3.5% increase
Overall, there is an 8.8% increase in funding.

Crime labs – 6 FTE’s

C. Audit & Inspection Report

Ferrell Walker, Director of Audit & Inspections – Continuing with Audits through the summer.

D. Division status reports on activities and action taken

Valarie Fulmer, Chief of Administration – You have my report. We had a good recruiting effort in Michigan.

Tom Ruocco, Chief of Criminal Law Enforcement – You have my report.  Recovery of kidnapped victims doesn’t end the story…we have been successful in getting convictions as well.

Jack Collie, Chief of Emergency Management –  our chief focus in on severe weather preparedness. We have about 10 initiatives, and I want to report on one of them – Texas Re-Entry Task Force. t 21-23 we will have a major trial of this system.
We are very happy with the outcome of the legislature with 29 additional FTE’s and additional $62 million in funding for disaster preparedness.
At the end of July we will conduct another major exercise.

David Baker, Chief of Highway Patrol – Chief Baker reported on success in getting commercial vehicles off the road that are in violation. Trooper Brad Gibson from Big Spring won the CVE Inspection Challenge in College Station and will go to Philadelphia to compete nationally.

Judy Brown, Chief of Drivers License – Chair Polunsky said that Chief Brown has announced her retirement from the Department after 32 years and thanked her for tremendous service.  Col. Beckworth thanked her as well.

Tony Leal, Texas Rangers Chief – You have my report.  Another real cold case has been solved from 1994, and located bodies on a ranch in Medina County. The rest is pretty routine murders and mayhem.

Brian Lane, Chief of IMS – Nothing additional to add to my report. I thank the PSC and the agency for supporting me as the interim Chief.
Col. Beckworth announced the hiring of a new CIO (Chief Information Officer) – Brad Rabble, who comes to DPS from USAA where he was a Vice President.  He brings vast experience to the position. He will begin as of July 29.

VIII. 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 on the Directors action of discharging probationary employees John Cavaco and Gary Teague (Tx Gov Code 551.074)

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:  Miguel J. Cordero, Darrell W. Estes, Raul Garza, Richard J. Peche, Ray A. Woods, Stanley E. Clark

C.  Discussion and possible action on adoption of proposed rules:
Proposed repeal of Rules 3.7–3.9, 37 TAC Secs. 3.7–3.9, regarding crash investigations, as published in 34 TexReg 2451, April 17, 2009

D.  Discussion and possible action on proposed rule for publication:
Proposed amendments to Rule 28.93, 37 TAC Sec. 28.93, regarding Policy, Procedure and Rule Compliance for DNA laboratories

All items approved unanimously.

IX.  ITEMS FOR FUTURE AGENDAS

None

X. DATE FOR FUTURE MEETINGS

July 16, 2009

XI.  ADJOURN

4:20 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.

DPSOA Public Safety Commission Meeting Summary – May 22, 2009

Summary
(This report represents a summary of events of the meeting,
 and is not necessarily complete nor an exact transcript of testimony.)

Public Safety Commission Meeting
Friday, May 22, 2009, 10:30 a.m.
Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg. E
Austin, TX 78752

The Public Safety Commission convened as posted to consider and take formal action on the following agenda items:

I. CALL TO ORDER
10:30: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown, and John Steen. Also present were Lt. Col. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

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)

Don Dickson of TSTA spoke on behalf of the District 7 Capitol Troopers stating that in the past they have been subject to ridicule from within and outside of the Department, but the heroic actions of the 4 troopers on last week in providing life saving support for Rep. Kuemp In my opinion, the most important statement in the Deloitte report was to make the Department unified.  I think that this incident shows that these men and women working at the capitol have a difficult job and are wonderful ambassadors for the DPS to the thousands of people who visit the Capitol annually.

IV. NEW BUSINESS
A. Discussion and possible action regarding the procurement of an information management intrusion detection system
Chief Brian Lane discussed the Conflikr virus that struck the Agency on April 14 and took two and a half weeks to get completely eradicated.  We have worked with AT&T and I’m seeking an ongoing contract of $700,000.00 per year for three years to assist in protecting our systems from further attacks.  Comm. Clowe asked some questions regarding cancellation provisions of the contract, and Chairman Polunsky asked the Commission if it was acceptable to defer a decision until the request could be discussed further in Executive Session.

B. Report, discussion and possible action regarding the after action report on computer virus containment
Chief Brian Lane – I have provided a report and will be happy to answer questions. On April 14 we discovered the virus, and on April 28, we declared the virus fully eradicated from our systems.  While the time to correct this was too long and not acceptable, I report that it took heroic efforts on the part of my division, partner vendors, and other departments to correct this problem as fast as we can. We are leveraging loaned equipment and loaned support that we are looking to address.

Comm. Barth asked what is the Departments policy regarding jump drives.

Chief Lane reported that with the new security software that has been installed since this infection, the current jump drive policy is “Business Use Only”.  I am confident that the system is adequately protected from potential infections at this time.

Comm. Barth asked Chief Lane to investigate and report on what other state agencies have as policies for jump drive.

(After Executive Session) Comm. Clowe – Chief Lane said that he would have a contract to review, but he does not, so Comm. Steen moved to allow Comm. Clowe and Comm. Brown to act on behalf of the full Commission to work with Chief Lane and authorize a final contract.

Motion carried unanimously.

C. Discussion and possible action regarding overtime and compensatory time policies for Department employees
Comm. Brown said that Chief Logan and she are continuing work on this and hope to have a report soon.

D. Discussion and possible action on year-end repair and rehabilitation projects
Col. Lamar Beckworth – Chief Oscar Ybarra is posting on the screen.  We afforded approximately $2.6 million for deferred maintenance, and we have prioritized those needs. We have identified $662,000 in seized money, and we are asking the Commission’s permission to allow us to spend $640,000 for additional deferred maintenance items that we have identified.

Chairman Polunsky asked for further explanation of how the seized funds are to be used.
Col. Beckworth said that as long as it does not go to permanent structures, other law enforcement needs are acceptable including equipment and training.

Chair Polunsky asked if Col. Beckworth felt that new carpet and air conditioning repair would be considered “law enforcement equipment”. 

Col. Beckworth responded yes, and said that he can provide precedent documents to that effect.

Chair Polunsky said that he is looking forward to seeing the documentation, and would like the PSC to review the policy of the use of the seized funds.

Chair Polunsky: What is the downside of deferring the decision.

Chief Ybarra: a 30 day delay when we only have 3 months left in the fiscal year to complete the necessary contracting processes might make it difficult moving forward.

Comm. Steen suggesting deferring the vote until it could be discussed further in executive session.  Agreed.

(After Executive Session) Chief Oscar Ybarra, Finance.  The capital items that need approval by the end of this fiscal year.  If we move forward with bidding, we can have the contracts ready by the July meeting, which will cut it really low, and we could award the bids upon approval at that meeting.  August 31, 2009 is the end of the Fiscal year.  Chair Polunsky asked Chief Colley to research if any Federal moneys would be available for some of the coastal repairs.  Chief Colley agreed to look into it.

E. Approval of grant application of Psychological Services Bureau for Other Victim Assistance Grants
Chief Valarie Fulmer – We feel that this is a very important that we move forward with this.
Comm. Steen – move for approval as read by Counsel Platt.  Seconded by Comm. Barth.
Passed unanimously.

IV. 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
Adjourn to executive session at 11:42 am.
Reconvened at 3:30 pm.
Return to item IV-B

VI. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
1. Procurement of a project management contract to implement organizational changes and planning regarding the development and administration of the project management plan
Comm. Clowe – We are still working on this but have nothing to report at this time.

2. Department organization structure
Beckworth In lieu of the planned meeting I will ask to consider this at the next PSC meeting.

3. Internal audit services contract
Walker – Audit and inspection.  We should have a draft around the 5th of June, if the swine flu didn’t slow the process too much.

4. Executive search firm services for executive director and management positions and interview processes for those positions

Nothing to report at this time.

5. Implementation of Driver License Reengineering, New Driver License System, and options regarding implementation, including consideration of current key contract relationships and possible expedited contracting processes during the implementation phase
Chief Brown – we are operational in Garland and have very good success.  The users like the new system.  We will install the Capitol Office next week, and then move on to the North Lamar Office.  We don’t anticipate downtime for these installations.  Once those have been completed, we will move forward with a modified expedited schedule.

Comm. Barth asked questions regarding how much time it should take to process a 16 year old’s license.

Chief Brown responded 10 minutes for initial, less for renewals.

B. Update, discussion and possible action regarding the recruitment policy committee
Comm. Brown – we have held our first meeting, but would like to defer discussion until we have more to report.

C. Discussion and possible action regarding the ongoing Sunset Review recommendations and other legislation affecting the Department and the Public Safety Commission  

Michael Kelley – Chief of Government Relations – There have been more bills filed this session and we are tracking over 1100 that relate to the DPS.  Of those 1100+ bills, 610 have fiscal notes, of which 234 would have a fiscal impact.  Michael introduced his staff and briefly described their functions which included Janie Smith (Legislative Liaison), Rhonda Trumble, and Sarah Hendricks.  He went on to discuss the DPS issued “State Official ID Cards” that they issue every two years to the legislators (and staff if requested), explaining the statute that allows them a free pass during session regarding certain offenses (they cannot be detained when trying to get to the legislature).

Chief Kelley went on to explain the DPS Sunset Bill, HB 2730, which took 18 weeks to move through the House, and 1 week to move through the Senate.  The Senate will allow debate on only 23 amendments when it gets to the floor.  The Senate may try to pass vote it out tomorrow (Saturday).

Oscar Ybarra, Chief of Finance, discussed the Budget, SB1, and explained that the legislature is only funding 49.24% of the DPS Exceptional Items Request (including the Schedule C pay raise).  He went over his side-by-side Exceptional Item Summary.

D. Update report, discussion and possible action to develop an approach for transforming the administration of the Driver License Division to a civilian model 
Chief Brown – As the exceptional items list has been working through the Legislative process, and our original request for 264 Civilian FTEs has been cut to 160 FTEs, so we are working through the process of figuring out how those 160 employees will be placed and where we will have to cut.

E. Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department
Chief Fulmer – we know that the vehicle push surface is not completely level, so we are looking to get a reassessment and approval for a new surface that is level and get new numbers for that test to the Commission next week.

F. Discussion and possible action regarding security measures for  Department 
Chief Fulmer – we have a vendor coming in next week to do an assessment and will have a complete report shortly after that.

VII. REPORTS
A. Commission member reports and discussion
None to report.

B. Budget Matters
Chief Ybarra – our bottom line dropped about $1 million dollars. You have the rest of the report.

C. Audit & Inspection Report
Farrell Walker – 3 completed audit report and 4 completed inspection report.  I have two audit vacancies.  I intend to work with Comm. Barth to staff up for the audit next year.

D. Division status reports on activities and action taken
Chief Fulmer – Administration – the Concealed handgun division continues to see record numbers of applications, but we are struggling to keep up.  We are  still holding at 60 days, but I’m afraid the April and May load will extend the processing time.
Comm. Steen asked what is her plan to address this.

Chief Fulmer said that the load has grown exponentially, while their budget has been cut.  We are utilizing exceptional technology to help.

Comm. Barth asked Chief Ybarra if we could transfer money from unfilled positions.

Chief Ybarra agreed to try to look at making more funds available.
Chief Fulmer updated the Commission regarding the “Beautification of the HQ Campus”.  They did a call for volunteers, and had a great response and had the first working session.  We are using native, low maintenance plantings since there is no budget for ongoing maintenance.

Comm. Barth asked about the portable generators.  It was reported that they would be delivered in 5 weeks.

Tom Ruocco – Criminal Law Enforcement – Reported about a successful kidnapping recovery out of Mexico –  a good news report.

Working on organizing the use of T-Dex –  and are cleaning up input to ensure good output.

Chief Brown – Drivers License Division –  We are being evicted from the VFW hall in Katy where we have a small office, due to the traffic we draw.  This will get media attention.  We only have $900 per month allocated for rent, which will not nearly cover the commercial real estate in this area.

Chief Colley – Emergency Management Division – On April 27 we went to Level 1 operations – the highest level.  All 22 million citizens of Texas would have anti-virals available.  We were the only state in the nation to do this.  It was a huge operation  that THP helped with and I am very pleased with the coordinated effort.

We have conducted 22 exercises in preparation of hurricane season, and we will be attending meeting to further coordinate with other agencies.  Asst. Sec. Ted Sexton is coming to Texas next week to get a briefing.

Chief Baker – Texas Highway Patrol Division – You have my report but I would like to bring you up to date on a project that we are working on.  We are trying to get each of our regional recruiters in a dressed up Tahoe with “vehicle wraps” that tell a little better story about who we are and what we do.  Sometimes the traditional B&W’s can be intimidating when rolling onto a college campus.  He showed slides of the vehicles.

Tony Leal – Texas Rangers –  We solved another 20 year old murder, without DNA help. The body was found in a car at the Lubbock airport in 1988.

We also were successful in solving a kidnapping case involving a 4 year old that utilized very coordinated inter-division cooperation outside of McAllen.

Comm. Clowe gave Chief Leal kudos regarding the excellent communication that is moving from Austin to the field.

Chief Lane – Chief of IMS – The FBI report having been infected by a virus much like ours and they have taken the same steps to disconnect from partner agencies but we will be watching to insure that we are not infected.

VIII. 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 on the Directors action of discharging probationary employees Lucy Gunter, Bethany Zabcik, and Esther Galloway (Tx Gov Code 551.074) 
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:   Jerry Allen, James Cochran, Carlos DeLaRosa III, Joseph Fedor III, Charles Gunn, David Hammonds, John Holland, Curtis Hollis, Dennis Land, Ronald Morris, David Ross, Armando Saenz, John Allen, Barry Caver, William Cawthon  
C.  Discussion and possible action on adoption of proposed rule:

      SCHOOL BUS SAFETY STANDARDS. Proposed new Rule 14.14, 37 TAC Sec.14.14, regarding Minimum Driving Record Qualifications, as published in 34 TexReg 1789, March 13, 2009
Move to pass A & C – Passed Unanimously

Item B – Comm. Brown read certain names of the Special Rangers list and asked that they be approved to be Special Rangers. Passed unanimously.

IX. ITEMS FOR FUTURE AGENDAS

X. DATE FOR FUTURE MEETINGS

Wed & Thur, June 17 & 18.

XI. ADJOURN
Comm. Steen asked Col. Beckworth to continue to work towards making these meetings more public friendly; he pointed to Chief Kelly’s presentation as the gold standard to shoot for.
Adjourn 5:02 pm.

Public Safety Commission Meeting Summary – April 16, 2009

Summary

Public Safety Commission Meeting

Thursday, April 16, 2009, 10:30 a.m.

Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg. E Austin, TX 78752

The Public Safety Commission convened as posted to consider and take formal action, as necessary, on the following agenda items:

I. CALL TO ORDER
10:37 am – Call to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown, and John Steen. Also present were Col. Stan Clark, and Lt. Col. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

II. APPROVAL OF MINUTES
Motion was made by Comm. Steen,and seconded by Comm. Barth. to approve the Minutes from the March 26th Public Safety Commission Meeting.  Approve unanimously.III. PUBLIC COMMENT (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)
No public comment.

Public Safety Commission Meeting, April 16, 2009

D. Division status reports on activities and action taken (out of sequence)
Chief Brian Lane – Information Services Chief – At 11:00 am Thursday morning, we began experiencing computer network interruption and determined that we were infected with the Conflikter Virus.  We are working with Symantic, McAfee, and Cisco to deal with this infection.  Computers that have been cleared and inoculated were showing the virus reappearing.  We have identified 280 network computers that we will need to pull from the system and totally re-image.

Due to the nature of this problem, we will immediately break to Executive Session at 10:41 am to discuss this and other items appropriate to Executive Session.
Reconvene following Executive Session at 1:30 pm.
Comm. Polunsky recalled Chief Lane – Comm. Pollunsky recapped the issue, and Chief Lane confirmed the summary. No other comments from the Commissioners.  Primarily the problems have been in the Drivers License Division, but the problem has also surfaced in other Departments.  Chief Lane confirmed that the problems should be repaired by this weekend.
Commissioner Barth made a recommendation that Col. Clark hire outside consultants to review these IT issues.  Comm. Clowe agreed. Chair Polunsky asked that Col. Clark hire outside resources to look into this.  Col. Clark said that he would.

IV. NEW BUSINESS
A.  Discussion and possible action regarding DPS overtime and compensatory time policies
Director Paula Logan –  I have been working with Comm. Brown on this issue and nothing substantive to report.

V. 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
The Commission broke to Executive Session at 10:41 am.
The Commission reconvened from Executive Session at 1:30 pm.

VI. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
1.  Procurement of a project management contract to implement organizational changes and planning regarding the development and administration of the project management plan
Comm. Clowe – We are approaching the point of deciding what we are wanting to do.  Deloitte has offered to work with us on a pro-bono basis to get this started.  There may be some expectation that they would be utilized moving forward. Chair Polunsky asked if Comm. Clowe had a recommendation. Comm. Clowe responded that he favors using an outside firm for assistance, but the original Deloitte bid of $6 million was a non-starter.  If we move forward with their modified bid, we would have to watch their costs closely.  Comm. Barth agreed with the outside assistance.  Comm. Steen suggested that the PSC should schedule that organizational workshop facilitated by Deloitte (pro-bono and with no obligation) and see what the outcome recommendations are from that workshop.  Comm. Clowe agreed that that is a good job, but that the meeting should be both public and very informal and with a great deal of candor, with all checking their rank at the door.  If we can do this with an accomplished facilitator, we will likely have good results and identify goals and objective.  I believe that this is a full day workshop, preferably off campus.
Mr. Beckley, Deloitte representative, was called forward to comment.  He agreed that that was part of their recommendation to filter through the great number of recommendations and mandates and establish priorities, a plan and a timeline for moving forward.
Comm. Brown asked if there were any downsides to such a workshop.  Comm. Clowe said he felt the key to a successful workshop is having a good, professional facilitator to keep the meeting open and moving forward.
Chair Polunsky said that we will set a full day workshop with Deloitte as the facilitator. Chair Polunsky suggested that we hold this meeting on campus (disagreed with Comm. Clowe).  Council Platt said that the meeting would need to be posted.  Comm. Clowe said that if the room is set up in more of a square arrangement of tables with everyone on the same level, it could work.  Chair Polunsky reminded Mr. Beckley where he stands regarding the money.

2.  Department organization structure
Col Clark said that the room had been handed a new iteration of the proposed organizational chart and the staff is very excited about this recommendation. The chart is divided into three main areas:
Law Enforcement (policing); License & Regulation (service to the public) and Administration (infrastructure.
 I’d like to restate my confidence in personnel that we have on hand that can facilitate this organizational model.
Comm. Barth stated concerns about the chart.  She suggested that there should be a seat at the table for the heads of each department without an intermediary in-between.  I feel that the training academy should also have top level representation.
Comm. Brown indicated that she would be happy to discuss this with Comm. Barth.  Comm. Brown asked what the function of the Regional Director would be.  Col. Clark said that the Regional Commanders (Majors) could function as the Regional Director to facilitate and coordinate all departmental resources within the regions (HP, CVE, CLE, etc.)

3.  Internal audit services contract
Director Ferrel Walker – We are still pursuing the contract.

4.  Executive search firm services for executive director and management positions and interview processes for those positions
Comm. Clowe – I made a recommendation in the Executive Session, and I have nothing to add in the public meeting.

5.  Implementation of Driver License Reengineering, New Driver License System, and options regarding implementation, including consideration of current key contract relationships and possible expedited contracting processes during the implementation phase
Chief Judy Brown –  we were successful with the data migration over the last weekend, and had a very good time and had a lot of work to do.  We are getting good initial feedback. We were able to migrate 23,400,000 records (over 200 million rows of data including photos and signatures). This was completed in less than 24 hours.  We had anticipated 100,000 errors/problems.  We had 89,000 actual errors, of which only 15,000 needed immediate attention.  These 15,000 errors were corrected within 1 day.  We have been able to catch up from last week’s business.  We have 66,000 cards to produce.  Jim Weise reported that the system is operating much faster.  We are very pleased with the performance of the system.  This came on line at 12:01 am Tuesday.
Chief Brown reported that the entire data migration was completed to the point that DPS is already producing drivers’ licenses.  These new drivers’ licenses are the most secure DL’s available in the US.  Comm. Steen asked how difficult will the new ID’s be counterfeit.  Chief Brown said that sooner or later, someone will be able to counterfeit these documents, but they will be much more difficult to reproduce without appearing to be obvious “fakes”.
Chief Brown said that they will do installation in seven DL offices beginning May 1.  Once the 7 offices are up and running and all issues have been addressed, we have a plan to move forward with the remainder of the 260 offices over the course of the summer.  This involves installation, testing, and training of personnel.
Chair Polunsky asked if a kiosk could be set up at the Texas State Capitol to issue DL’s there.  Chief Brown said that they could utilize the mobile office to do that.  Chair Polunsky said that that might go a long way to show in a real way that DPS is moving forward. Chief Brown said that she would look into it and see if she can make it happen.
Comm. Clowe congratulated Chief Brown and her team, and thanked her for the weekend updates to the Commission and asked that she pass along their thanks to all involved in this large project.

 B. Discussion and possible action regarding transcription of Public Safety Commission meetings, including discussion and possible action regarding abridged minutes and pilot project for posting recordings of meetings on the DPS website
Counsel Platt – We have researched minutes, and they are objective by nature and only summaries of the proceedings.  Transcriptions must be certified to be truly accurate to detail.  Audio recordings are probably the most accurate and complete.  We have a way of linking segments of the audio recording to the agenda, so that you can click on the agenda item and hear that part of the meeting.
Our recommendation is to blend all three forms of documentation for your meetings.  We have provided a white paper with a summary of our findings and as well as our recommendations. We may later determine that the transcript will not be needed.
If we do make the audio recording available on the website, we will need to make accommodations for the hearing impaired.

 C. Update, discussion and possible action regarding the recruitment policy committee
Comm. Brown has a list of names for the committee, and we will shortly have a final committee to announce and be ready to jump into action.

D. Discussion and possible action regarding the ongoing Sunset Review recommendations and other legislation affecting the Department and the Public Safety Commission
Chief Michael Kelley – Government Relations Office – DPS is tracking 1051 Bills (14.36% of the 7318 filed bills). We have more resources in place to facilitate this much better than last session (despite a significant increase in number of bills that we are tracking).
Audit and inspection is helping with the 533 bills with fiscal notes, and have completed 515 of those requests. 188 would have fiscal impact.
Private Security Bills will be addressed on Monday.  We have 5 bills to be carried though Criminal Justice and Chair Whitmire and Sens. Carona and Hegar are working closely with us to help get these through.
Sen. Hinojosa’s SB 1017 could turn into a vehicle carry some of our requests.  If the Sunset Bill were to be bogged down, we would be able to continue for two more years, but we would not get any of the changes.
Comm. Steen – Thanks for the outstanding job and for all of the emails.

E.  Update report, discussion and possible action to develop an approach for transforming the administration of the Driver License Division to a civilian model
Chief Brown – I have provided a document, highlighting some of the issues I will discuss today. 133 positions will be transferred from DLD to THP. These will consist of 118 troopers, 10 Sergeants, 4 Lieutenants, and 1 Captain. 10 of the 118 troopers will be assigned to border security. The remaining 110 troopers will transfer in their same position. 54 FTE’s will be transferred to the Fraud and Investigation Division on a competitive basis. The commission was provided with a comprehensive chart of positions and availability. Upon approval, we will begin posting these positions right away.
Comm. Clowe asked about the progress towards moving to a Consumer Based model with a customer service orientation.  Chief Brown said that they are now utilizing a minimal 2 week training period, and are moving to incorporate more customer service training.  In our exceptional items request, we are asking for additional funding for additional training.
Comm. Clowe moved and Comm. Brown seconded to implement the civilian model of management of the DL division as presented by Chief Brown. Passed Unanimously.

F.  Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department
Chief Fulmer – recommendations were very well received (in fact so well received that we are scrambling to get personnel in place to accommodate the requests for tomorrow).

G. Discussion and possible action regarding security measures for  Department infrastructure
Chief Fulmer – the only update is that I have requested the information that you asked for at the last PSC Meeting and will update you at the next meeting when I have received it.
Chair Polunsky asked if there has been any progress made in beautifying the HQ campus.
Chief Fulmer said that they are working on correcting the “ugly” first, and will continue to look into the “beauty” part of it.  Chair Polunsky said that TDCJ is doing a good job, and as the HQ of DPS we should put our best face forward.  Chief Fulmer said that she takes it that removing the dead opossums is not sufficient….

VII. REPORTS
A. Commission member reports and discussion
Comm. Clowe wanted to point out the great work done by the CLE division that has handled 70,671 criminal cases.

B. Budget Matters
Chief Ybarra – we presented to Sen. Ogden.  We are looking at $116,776,000 ask.  That would provide 395 additional FTEs, of which 87 would be commissioned and 308 would be non-commissioned.  We are asking for 56 additional HP officers and 10 additional Texas Rangers.
We had initially asked for approximately $48 million and so far we have been given a little over half of that.
Chief Kelley – the next step is that the House version of SB1 will be sent back to the Senate and then assigned to a Conference Committee.  We need to work hard to hold what we have so far, and still fight for our additional requests. We believe the House representative to the Conference Committee will be Rep. Jim Pitts, and the Senate representative to the Conference Committee will Sen. Ogden.
Comm. Clowe pointed out that the Chair Polunsky of the Public Safety Commission has spent a tremendous amount of time and energy at the legislature (above and beyond the call of duty) and the employees of the DPS should be made aware of his commitment to this agency.

C. Audit & Inspection Report
Farrell Walker, Director of Audit and Inspection – my report has been filed with you. Two audits are still in progress and are somewhat dependent on what happens legislatively.

 D. Division status reports on activities and action taken (continued)

Bill Neighbors, Chief Pilot – Aircraft – showed three videos to demonstrate the video capability that they now have.  We operate about 14 of these helicopters with infrared cameras and regular cameras.  We’ve added night-vision capabilities.  Power lines less than 250 feet are not required to have lights.  There are towers up to 3,000 feet that still do not have lights.

Chief Fulmer – Administration.  We have accepted the Garland Crime Lab and we will arrange a grand opening.

Chief Tom Ruocco – Joked that the video that Bill Neighbors showed previously (drug trafficers beating a competing trafficer with a club) was actually taken of him being beaten by Chief Leal. You have my report.

Chief Brown – Nothing to add to report filed.

Chief Colley – Emergency Management Division – We had a significant fire last week in north Texas with winds high enough that we could not use aircraft.  The following day we ran 604 air missions to stop that fire, possibly the largest non-combat air assault in our history.

Col. Clark recognized Chief Colley for receiving two prestigious awards and thanked him for representing the DPS so commendably.  The Chair and Commissioners echoed those compliments.

Chief David Baker – Highway Patrol – recapped some positive results over the last month, including over 7,000 lbs. of marijuana seized.

Chief Tony Leal – Texas Rangers –  I would like to report on our unsolved crime division.  Ours is different in that we are investigating murders and crimes that have already been investigated, and we start from beginning to end.  In 12 months, we have solved 6 unsolved murders in this state and one in California.  These are not reliant on DNA hits, but result from complete investigations.  This is much higher than other law enforcement agencies.

Chief Ybarra – Report filed. Nothing further to report.

VIII. 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 on the Directors action of discharging probationary employees Christopher Young and Nancy Crawley  (Tx Gov Code 551.074)
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: Robert C. Gilbert, Jr.
C. Discussion and possible action on proposed rules for publication:
1. Proposed amendments to  Rule 1.4, 37 TAC Sec. 1.4, regarding Programs under
Texas Highway Patrol Division
2. Proposed amendments to Rule 1.58, 37 TAC Sec. 1.58, regarding Release of
Information on Crash Victims
3. Proposed amendments to Rule 1.129, 37 TAC Sec. 1.129, regarding Fees for Sale of Motor Vehicle Crash Reports in Highway Patrol Field Offices
4. Proposed repeal of Rules 1.281-1.285, 37 TAC Secs. 1.281-1.285, regarding
Senate Bill 1074 Video Units
5. Proposed amendments to Rule 14.52, 37 TAC Sec. 14.52, regarding Texas
School Bus Specifications
Comm. Steen asked Col. Clark if there were any issues that needed to be noted regarding the consent items.
Col. Clark acknowledged that they were all routine.
Comm. Steen made a motion and Comm. Brown seconded; Motion passed unanimously.

IX.  ITEMS FOR FUTURE AGENDAS
Comm. Brown – DPS management of comp time and overtime.

 X. DATE FOR FUTURE MEETINGS
Comm. Polunsky, we are OK on standard, 3rd Thursday of the month. (May 21) 
There will be a workshop meeting to be announced prior to the May 21 meeting.

XI.  ADJOURN
Chairman Polunsky adjourned the meeting at 4:14 pm.

 

Lt. Col. Beckworth, Chairman Polunsky, Col. Clark, Comm. Brown at B-08 Class Commissioning

 

 

Public Safety Commission Meeting Summary, March 26, 2009

SUMMARY
(This report represents a summary of events of the meeting,
 and is not necessarily complete nor an exact transcript of testimony.)

Public Safety Commission Meeting
Thursday, March 26, 2009, 10:30 a.m.
Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg. E
Austin, TX 78752

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 – Call to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, Ada Brown, and John Steen. Also present were Col. Stan Clark, and Lt. Col. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

Gary Chandler and John Pike attended the meeting for DPSOA.

II. PUBLIC COMMENT (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)

No Public Comment

III. NEW BUSINESS
A. Discussion and possible action regarding transcription of Public Safety Commission meetings

Commissioner Steen – I would like to recommend moving from a transcript of our meeting, and move towards more traditional minutes.
Commissioner Brown – since the transcripts take significant time to be disseminated, I think traditional minutes would better serve the public.
Commissioner Clowe – I have seen examples of minutes that Comm. Steen is proposing, and they do not satisfy the concerns that I have that they don’t provide the detail that people that I have spoken with would like to see.  I am interested in entertaining some sort of compromise, but feel that the detail is important.
Comm. Barth, motioned that the PSC make an abridged record of the meetings available as quickly as possible, and have the complete, certified transcript made available at a later date. Seconded by Commissioner Steen. Chairman Polunsky asked if this is a permanent change motion. Counsel Platt suggested that an actual recording linked on the website made available for the Commission.  Chair Polunsky took the vote to move forward at least on a temporary basis.  Passed Unanimously.

B. Discussion and possible action regarding unused salary dollars in last 5 years

Chief Oscar Ybarra – We have provided the commission with a report that shows that salaries represent about 60% of our overall budget.  There is a summary and detail report for each fiscal year.  Comm. Barth questioned Chief Ybarra about the amount of money available for transfer.  Chair Polunsky said that he was not comfortable with the transparency factor of the process of budgeting.  Chief Ybarra said that if that is the direction that the Commission wants to move, we would have to find the money to fulfill that strategy. Polunsky stated that he doesn’t want to operate with “hokus-pokus” going on regarding funds.  He wants full transparency. Chief Ybarra said that some of the funds have been transferred already to cover shortfalls. Comm. Barth said that if the funds are transferred from salaries to fill temporary salaried positions, that would be appropriate; but to transfer from salary to “deferred maintenance”, for example, would not be appropriate. The concern is that this is providing disincentive for filling vacant positions, so that this pool of funds are available for other purposes. Chief Ybarra said that the excessive retirements in August of 2008 added to the problem for the start of 2009.  Col. Clark added that the Department looses on average 10 commissioned officers a month, so every 6 months when we graduate 100 cadets, we are replacing 60 who have quit during that timeframe, in addition to those that retire. Comm. Clowe appreciated the frank discussion regarding this problem.  Chairman Polunsky said that the Commission will continue to monitor the process, but will not ask for any changes to the policy.  Comm. Clowe asked Chief Ybarra to sharpen up the process and be more precise in the prediction process. We want to avoid relying on a “slush fund”.  Chief Ybarra commented that he feels that the Department has already started that process, and communications and cooperation between divisions has improved dramatically and all are working towards that goal.

Chairman Polunsky asked Col. Clark to comment on the helicopter that was appropriated for deployment at Boarder Star in Laredo, but is still in Austin.  Col. Clark said that this helicopter (EC 145) is a very sophisticated $8 million machine and unlike anything the department has flown and operated before.  This is like no other helicopter in the U.S.  We are very proud of this, but we have to have our senior pilots and trainers up to speed and certified with this helicopter before we can deploy it. We are preparing a response to Rep. Pitts with further explanation to the Appropriations Committee, and Chief Nabors will be responding to the committee. Chair Polunsky confirmed that the helicopter should be deployed within approximately 30 days.

Chairman Polunsky also asked about some misunderstanding regarding sending additional vehicles (the rumor was that older vehicles were sent to the border). Lt. Col. Beckworth verified that only brand new cars off the fleet lot were sent to the border.  Chair Polunsky thanked Col Beckworth for his explanation, and reiterated the Commission and Department’s policy that there will never be intentional diversion of funds for anything other than the purpose that was intended by the legislature.

C. Discussion and review of pending contracts, commitments and change orders, including the following: Livescan Palm Print Upgrade

Chief Ybarra – We feel that this will provide the Department with greatly enhanced technology for identifying individuals.  This is a $2.8 million procurement, and therefore up for the PSC review.

D. Discussion and possible action regarding purchases using seized funds

Lt. Col. Beckworth – The Department has discretion regarding the use of seized funds.DPS has a local agreement with each county in the state, that give DPS 70% of seized funds that goes into the General Fund.  This percentage varies depending on the venue of the case, and other factors. Reports have been provided showing the amounts available on hand, roughly $17.2 million dollars. We have a list of uses of these funds authorized by previous Commissions, and have prepared a list of our requests for this Commission to review, including: 4 $400 quick response emergency generators mounted on trailers for the valley, 4 additional installed generators for out coastal facilities, routers for some HP offices, and equipment devices that would provide fresh antidotes for individuals’ WMD bags (which are about to expire). We may also need to ask for additional funding to complete our TDEX system (comprehensive criminal law enforcement network database).
Comm. Steen moved, and Comm. Clowe seconded to approve all four items.  Passed unanimously.

E. Discussion and possible action regarding implementation of Driver License Reengineering, New Driver License System, and options regarding implementation, including consideration of current key contract relationships and possible expedited contracting processes during the implementation phase

Chief Judy Brown, Chief Ybarra- Chief Brown spoke of the difficulty of transitioning to the new network and satellite systems that have run into costs overruns. We do have the continuing operating costs in the LAR for the biennium. We have begun the “cutover” process and plan to do the data migration over the Easter weekend. We are asking for authority and latitude for procurement flexibility through this very large project, and we ask that we can have one Commissioner appointed as our point person for approving these flexible procurement.
Chair Polunsky said that the Commission was forming a Committee with Comm. Barth as the Chair for oversight of the DL transition project.  Comm. Barth asked for an estimated need for such procurement.  Chief Brown replied that they do not anticipate the requests to exceed $500,000. Chief Ybarra asked for clarification regarding whether these requests would be using authorized dollars that are not going to be otherwise used. Chief Ybarra said that he could not authorize use of funds outside of the existing cap dollars.  Chief Brown confirmed that that is what she was referring to.  Comm. Clowe clarified that there is an emergency request for additional $7 million in funding that we are currently short. This request is falling under the original funding cap. Comm. Clowe has been embarrassed to have to go to the Legislative Budget Board with our hat in our hand. Chief Brown stated that this DL transition project started 6 years ago. Many of the cost overruns have resulted from the changing technology over the projects life. Comm. Clowe – it seems that this project has been mismanaged particularly from the IT standpoint. Comm. Barth have asked what other states have tackled and completed this type and size of a project.  Chief Brown answered that no other project of this size has been completed, but that Utah and Iowa have made a similar transitions.  Comm. Barth – when do we anticipate completion?  We have 50 days from completion of pilot period.  It will take a 10-12 week period to transition all for the projects.
Chairman Polunsky asked where we stand on legislative approval for the emergency $7 million overage.  Chief Brown said that they have a signature from Sen. Ogden, and a verbal commitment from the Governor’s and the Lt. Governor’s office. We are continuing to answer questions for Rep. Pitts and for Speaker Strauss. The Chair asked to arrange a meeting with Rep. Pitts and Speaker Strauss to move the approval forward.
Motion was made to allow Comm. Barth and Comm. Clowe to act on behalf of the full Commission regarding contracts up to $500,000 for the flexible procurements of the DL transition project.

IV. 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

V. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
 – Procurement of a project management contract to implement organizational changes and planning regarding the development and administration of the project management plan

Comm. Clowe- I’ve worked with Paula Logan, Director of Human Resources, and Chief Brown, and we are impressed with Deloitte and Associates. Cost, however, is an issue. No contract has been signed, and we are still negotiating.  The cost estimate is $3.5 million for the first year and $2.5 million for the second year ($6 million total.)  We have asked Mr. Beckley with Deloitte to be creative in working with us on the bottom line cost.  Drew Beckley, partner with Deloitte and Associates.  We anticipate $1.5 million over the next 2 years.  There would be some adjustments, and more review and oversight, with Department personnel handling more of the load. We are also offering to lay out the plan at our own cost.  Chairman Polunsky clarified that Deloitte is offering a reduced scope at a reduced rate. Director Logan pointed out that by assuming some of the load from Deloitte, there will be some costs involved for the Department, but likely less than if Deloitte handled it all. Comm. Barth asked Comm. Clowe if the Department has the personnel and funding to take on this additional load.  Comm. Clowe said that that is a good question and much discussion and consideration has taken place along those lines.  Dir. Logan said that there would be some need, and most should be able to be absorbed.  If necessary, we can go back to Deloitte for guidance regarding how we can cut our personnel and cost needs. Mr. Beckley said that the original load split was about 50%/50% between Deloitte and DPS.  The revised proposal would shift the load to be roughly 33%/66% with DPS picking up 2/3 of the load. Deloitte would move from 4 full time and 2 part time staff to 4 part time staff on the project.  Both Comm. Barth and Comm. Clowe feel that the Department needs to take a close look to determine if we are capable and prepared to take on this additional workload. Dir. Logan stated that there may be some areas that will require additional personnel, but we have identified many areas that we can cover with existing personnel. Comm. Clowe said that we still have the option of bringing it 100% in house. Comm. Clowe recommends that we accept Deloitte’s offer to provide a pro-bono organizational/planning meeting that brings the full Commission and DPS leadership together to sort out the plan and related cost to move forward. Col Clark asked to speak for the employees, and asked to be on record as having excellent, competent people to take up the challenge.  Chair Polunsky and Comm. Clowe agreed.
Chairman Polunsky said that the PSC is not ready to go forward with the contract, hold an interim meeting as Comm. Steen suggests, and come back at the April PSC meeting to make the decision. Mr. Beckley agreed to hold the meeting pro-bono, but suggested that holding the organization/planning meeting would not allow adequate preparation time for all parties.  His recommendation was to not try to push it before the next Commission meeting. April 16 is the scheduled date for the next PSC Meeting.  Chairman Polunsky appointed Comm. Steen and Comm. Brown to a sub-committee to put together this planning/organizational meeting with Deloitte.  Comm. Clowe thanked all of the staff that pulled all of this together with minimal time and direction from the Commission.

 – Department organization structure

Col. Clark showed an organizational chart.  Each of the three functional areas is under a Deputy Director: Law Enforcement, License & Regulations, and Administration. Deloitte signed off on most of the chart, with the exception that they suggested moving Media Relations and Government Relations under the Deputy Director of Administration.  We disagreed with that and kept them directly reporting to the Director.

 – Internal audit services contract

Chief Ferrell Walker – We have evaluated and selected three firms for interviews for our grant audit projects.  I expect to conduct these interviews next week.
Motion made and seconded to approve Deloitte subject to legal review. Passed unanimously.

 – Executive search firm services for executive director and management positions and interview processes for those positions

Not addressed

1:30 Break for Executive Session (see IV Executive Session)
3:50 Reconvene

 B. Update report, discussion and possible action regarding employment of an assistant for the Commission
 
Col Clark – Linda Dougherty has been interviewed and accepted the position and is available as of April 20. Chair Polunsky asked if Comm. Brown was aware of the delay in when she is available. Comm. Brown was not fully aware. Chair Polunsky asked that we try to bring her on board sooner due to the transitions and the ongoing legislative session.

 C. Discussion and possible action regarding formation of a committee to review and make recommendations regarding Department of Public Safety recruiting policies and procedures, including a study of current and future practices in formulation and implementation of recruitment policy

Chief Fulmer – We’ve (including Chief Brown) put together a list of personnel to be on the Committee and added a public member to the Committee as well. As soon as the Committee is named we will schedule the first meeting.
 
 D. Discussion and possible action regarding the ongoing Sunset Review recommendations and other legislation affecting the Department and the Public Safety Commission

Chief Michael Kelley – Legislative Liaison – Kyle Mitchell is on hand as are Gary Chandler and John Pike with DPSOA and Don Dixon with TSTA.  These interest groups have been working closely with us on all of these issues and thank them for their support.

40 bills on 26 policy issues have been filed and followed. On April 1 we will have DPS day at the capitol, the day that the Transportation and Homeland Security Committee will be meeting. 

Many of the 40 bills will likely be rolled into larger, omnibus bills such as the Sunset Bill. Divisions are communicating with other divisions, and we all seem to be working off of the sheet.  There have been 7,182 bills filed this session in the House and Senate, a 16% increase over last session.  14% of all of the bills have some impact on DPS in one way or another.

The Sunset Bills (HB 2730 and SB 1017).  HB 2730 by Rep. Kolkhorst is likely to carry over SB 1017 by Sen. Hinojosa and be heard by the Public Safety Committee on Monday, March 30.  We will be on hand to monitor and weigh in as needed.

Chief Oscar Ybarra – provided the Commission with side by side update comparison of the critical exceptional items requested by the Department.

Comm. Barth and Comm. Clowe had to leave the meeting at 4:20 pm.  The remainder of the Commission continued the meeting, still maintaining a quorum.
Comm. Steen asked for some clarifications regarding the chart which Chief Ybarra addressed.

F. Update report, discussion and possible action to develop an approach for transforming the administration of the Driver License Division to a civilian model

Chief Judy Brown – As of last month we have started the transition in the Dallas area. We have 5 Lieutenant and 5 Sergeant positions available that will be posted.

G. Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department

Chief Fulmer – on March 13, Col. Clark sent out a memo to the personnel, laying out the changes approved at the last commissioner’s meeting.

H. Discussion and possible action regarding security measures for Department infrastructure

Not addressed
VI. REPORTS
A. Commission member reports and discussion

No reports from Commission

B. Budget Matters
C. Audit & Inspection Report
D. Division status reports on activities and action taken

Chief Ybarra – Report filed. Nothing further to report.
Chief Fulmer – Handgun licensing spike in recent weeks is backing us up again.
Chief Tom Ruocco – You have my report.
Chief Brown – Nothing to add to report filed.
Chief David Baker – Highway Patrol – you have my report. Chief Baker conveyed a story about a HP stop incident resulting in the vehicle fled and ended in the driver shooting himself (he had a 16 year old runaway in his car. Additionally, we are making progress on improving our accident reporting, focusing particularly on the 8 critical data points. We are still running a 38% error rate, but I am encouraged that the numbers are being reported accurately, and that they all are working to correct the problems.
Regarding prisoner partition systems for our vehicles, we polled our troopers and by 2:1, our troopers were against them.  I recommend that because of that input and the cost of the cages, we do not move forward with adding prisoner partition systems in our vehicles.
Chief Brian Lane – IMS – Disaster Recovery Contract – we are renegotiating our disaster recovery system to match our new equipment and networks.
Chief Tony Leal – Texas Rangers – You have my report. We are working quite a few capital murders. Additionally, we had an unusual situation at a death row execution that we always have a Ranger attend, and the inmate pulled the Ranger aside and confessed to two additional open murders in the San Antonio area. The execution was delayed, and the murders were subsequently closed off the books.
Chief Jack Colley, Emergency Management Division –  We attended the Emergency Management convention in San Antonio, and we introduced our new Mobile Command Center.

VII. 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 provide Commission advice and consent to the appointment of the assistant director (Tx Gov Code 411.005(b) and division chiefs (Tx Gov Code 411.006(a)(6)
B. Discussion and possible action on the Directors action of discharging probationary employees: Jeremiah Carr, Jeremy Garate, Aaron Godfrey, and Melissa Vasquez (Tx Gov Code 551.074)
C. Discussion and possible action on appointments of Special Rangers and Special Texas Rangers pursuant to Government Code Chapter 411, Secs. 411.023 & 411.024:
James R. Allen, Jr., Clifford Babbitt, James W. Brubaker, Donald Clendennen, Joseph Millhouse, Sammy Prieto, Robin H. Wright
D. Discussion and possible action on proposed rules for publication:
1. Proposed repeal of Rules 3.7– 3.9, 37 TAC Secs. 3.7 – 3.9, regarding crash investigations

Comm. Steen moves and Brown seconds to approve all consent items.  Passed unanimously.
VIII. ITEMS FOR FUTURE AGENDAS

Comm. Brown, I would like to see numbers and have a discussion on regular and overtime compensation.

IX. DATE FOR FUTURE MEETINGS

Next PSC Meeting scheduled for April 16, 2009

X. ADJOURN

Adjourn: 5:34 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.
The Public Safety Commission may meet and discuss in Executive Session and have action taken in an Open Meeting where required on the following items:
Government Code Sec. 551.071 Consultation and deliberation with legal counsel about pending or contemplated litigation or a settlement offer, or on a matter where the Commissioners seek the advice of their attorney as privileged communications under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and to discuss the Open Meetings Act and the Administrative Procedures Act with their attorney
Government Code Sec. 551.074 Appointment, employment, evaluation, reassignment, duties, discipline or dismissal of director, assistant director, and persons appointed to management team positions pursuant to Govt. Code Sec. 411.0071
Government Code Sec. 551.076 Deliberations about security audits, security devices, including deployment and implementation of security personnel and devices
Government Code Chapter 411, Sec. 411.0041 Ongoing criminal investigations
Government Code Sec. 551.072 Deliberation of the purchase, exchange, lease, or value of real property, if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person
Government Code Sec. 551.073 Deliberation of a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person