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
Message from the President 