Beckworth Emporium combines, a Produce Market, Food Hall, Garden Nursery and a Restaurant all in one. It’s was my mum who firstly found out about this unique experience and she was very eager to take the whole family along with her.

I can really understand why she was so enthusiastic about the place, the Produce Market stock a wide variety of lovely local fresh produce, which I later discovered won the Northampton Food and Drink Awards of 2010/11. The Food Hall contains a Deli and an Award Winning Butcher’s known as Hambleton Farms. We didn’t visit the Garden Nursery on this occasion on account of rain, but I’ll be sure to take a gander next time.

Once you pass through the Produce Market, you arrive at the Restaurant. Their Restaurant Ethos is “to offer fresh, wholesome food prepared using produce, meat and other ingredients from our Produce Market and Food Hall served at your table in comfortable, relaxed surroundings.” (Taken from their website 2011) I think they achieved their ethos really well and I might even say it’s a little modest. Their staff members are polite and friendly, honestly I didn’t have any problems whatsoever.

I think because I’m not much of a garden expert and I can’t really appreciate good quality produce from items I would normally find in the supermarket, the restaurant and the atmosphere, really makes it for me. The high ceiling glasshouse creates a refreshing and relaxing atmosphere, combined with the freshness of the food, creates an almost tranquil experience.

The price of the produce and food is what you would expect from a place such as this. I would definitely recommend Beckworth Emporium to friends and family, 5 stars, but don’t take my word for it…

http://www.beckworthemporium.com/

If there is anything that gets turned on it’s head when an AD recession hits, it is the concept of inflation. During normal times (full employment and capacity utilization), inflation is harmful as it drives up interest rates, discourages saving, and encourages misallocation of capital. However, none of those things apply to the current situation in which we find ourselves with a large output gap and high unemployment. Thus, we need higher inflation in order to close the output gap (the difference in money expenditures between where we are currently, and the trend rate from the Great Moderation…currently about -13%), but that turns everything that everyone knows about inflation backward. All of a sudden inflation is good for savers, good for the unemployed, and good for economic growth. Well, stable inflation expectations are key…but it’s hard to steer a ship, and it’s hard to get a non-confusing answer out of pundits and other commentators.

In order to square this circle, I propose we forget about inflation. And not just forget about talking about it, but forget about its use in the setting of monetary policy. Instead, we should target nominal expenditure at a steady growth rate (3% a la Woolsey, or 5% a la Sumner, Beckworth, etc.) with level targeting. What advantages does targeting nominal expenditure have? Well…

• Targeting nominal expenditure (NGDP for short) allows monetary policy to better address recessions which arise from both aggregate supply and aggregate demand shocks. David Beckworth has an excellent discussion of this point.
• NGDP is a better indicator of monetary shocks than inflation indicators like CPI. Because prices are sticky, and because measures of inflation are so problematic, a fall in NGDP won’t immediately show up in inflation numbers. Also, if there is a large price shock in something like oil, this will raise the money price of all goods and services, causing anyone focusing on inflation to miss the underlying weak economy…and thus potentially set monetary policy to be too contractionary (sound familiar?).
• NGDP allows us to broaden our focus to aggregates like MZM, asset prices, yields, excess reserves etc. We’ll relinquish our inane focus on interest rates, which are a very problematic indicator of the stance of monetary policy, and have a much better picture of the health of the economy.
• NGDP sounds better. People have an innate fear of inflation. Inflation destroys savings, after all…and we all know frugal people are virtuous. Well, how about, in the event of a recession, instead of economists clamoring against the crowd that we need inflation, they say that we want aggregate expenditures (and thus nominal income) to be at some level higher than it currently is? Money illusion is a powerful motivator. Who would argue with that?

Targeting nominal expenditure would be a beneficial step from both an economic theory perspective, and a public relations perspective. Lets take the confusing concept of price inflation out of our discourse, so that we can see the world more clearly.

P.S. We are currently 13% below the target path from the Great Moderation, and are where we were at before the crash of Sept/Oct 2008. To make that up by 2011:Q3, the Fed would have to target NGDP at $17.6bn (to continue on a 5% NGDP growth path). However, Bill Woolsey favors a 3% growth path for money expenditures, which means that the Fed would only have to target a 13.8% increase by 2011:Q3 (or $16.4bn), and then continue on with 3% growth, level targeting, from then.

Update: Found the link to Beckworth’s article!

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

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

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

II. APPROVAL OF MINUTES
A motion and second was made and the minutes were approved unanimously.

III. PUBLIC COMMENT (members of the public wishing to address the Commission are subject to a time limit of 5 minutes and must complete a Public Comment Registration Card located at the entry)

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

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

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

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

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

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

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

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

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

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

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

Passed unanimously.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

F. Report, discussion, and possible action regarding the adoption of a negotiated rulemaking policy as provided under Government Code 411.0044
Acting General Counsel Duncan Fox – moved to authorize the proposed new rules.  Motion was made and seconded. 
Passed Unanimously.
VI. ADJOURN INTO EXECUTIVE SESSION (if required) to consult with legal counsel regarding pending or contemplated litigation or settlement offers or to receive legal advice on items posted on this agenda; deliberation regarding real estate matters; consideration of any other items authorized by law, including personnel matters, the Director’s action of discharging employees as identified in this agenda; ongoing criminal investigations
Adjourn to Executive Session at 12:38 pm.
Reconvene at approximately 2:15 pm.

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

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

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

Motion by Steen, second by Barth
Passed Unanimously

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

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

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

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

2. TXDPS Livescan Maintenance & Support Services

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

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

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

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

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

Cannot be used for Salaries

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

Motion made, and seconded.
Passed unanimously.

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

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

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

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

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

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

B. Finance Report
None

C. Audit & Inspection Report
None

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

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

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

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

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

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

XII.  ADJOURN
The Commission may take items out of the order in which they are posted on this agenda.
Also, an item that has been adopted, passed upon, delayed or tabled for a later meeting may be considered or reconsidered at the same meeting.

3:35 pm.

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

Below is a summary of Friday’s Public Safety Commission Meeting in Garland that I asked our Executive Director, John Pike, to attend and report on. Below is a link to the full report with photos included.
Brian Hawthorne, DPSOA President

Public Safety Commission
Meeting
January 29, 2010, 10:30 a.m.
200 North Fifth Street, first floor of Garland City Hall
Garland, TX 75040

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

10:43 am  Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, and John Steen.  Commissioner Ada Brown was not in attendance. Also present were Director Steve McCraw, Dep. Dir. Lamar Beckworth, and General Counsel Stuart Platt.  A quorum is present.

Chairman Polunsky thanked the City of Garland and the Garland City Council for the use of the very fine facility for the meeting.

Commissioner Clowe stated that the Commission attended the Garland Crime Laboratory Dedication and had the opportunity to tour the new, very fine, state of the art facility.  Chair Polunsky echoed the kudos for the facility and hospitality.

Garland Crime Lab Ribbon Cutting

Photo: Chairman Polunsky assists Senator Royce West with the ribbon cutting at the new Garland Crime Lab Facility.  Also Pictured (from L to R) Manuael Valadez, Jr. (Manager, Field Crime Lab), Comm. Carin Barth, Rep. Robert Miklos, Comm. John Steen, Chairman Polunsky, Rep. Joe Driver, Sen. West, Comm. Tom Clowe, and Dir. Steve McCraw.

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

Chairman Polunsky thanked the nine Capitol Troopers and DPS Officers who acted heroically in apprehending the gunman who was discharging a firearm at the State Capitol.  They distinguished themselves in this incident and it points out that all of our Troopers put their line on the lives day in and day out for the citizens of Texas.

Representative Joe Driver – Thank you for coming to my district and welcome.  It was a very interesting showing of the new Crime Lab Facility this morning. Thank you for all that you do for the citizens of Texas.  Those bullets at the capitol were only a few degrees off from going through my office.  My staff, who are here with us today, were a little shaken by the incident. Thanks for a job well done.

Chairman Polunsky thanked Rep. Driver for his continued support of law enforcement and the DPS in particular.

IV. DIRECTOR’S REPORT
A. Presentation of Purple Heart Award

Director Steve McCraw – First and foremost I would like to recognize Agent Armando Lopez, Jr., who courageously acted in serving a felony warrant for multiple bank robberies.  While carrying out this operation, Agent Lopez suffered life threatening injuries.   Robert Casey, Special Agent with the FBI task force introduced the rest of the FBI task force that was involved in the incident.

Director McCraw gave a summary of the shooting incident at the capitol, but could not speak in detail since it is an ongoing investigation.  McCraw has subsequently met with Sen. Williams to discuss further security measures that could be taken at the capitol.  I will discuss these security measures with the Commission in Executive Session, but it is not appropriate to discuss in detail security measures at the Capitol in a public Forum.

B. Regional Commander Report

Commander Jack Webster thanked the Commission for coming to Dallas Region to visit our new facility and hold their monthly meeting.  The CID division reorganization was implemented on January 1, 2010.  Commander Webster gave a rundown of some of the larger seizures in the Region. 

Commissioner Steen asked Commander Webster how his career progressed to this point of being named a Regional Commander.  His Career began in 1984 as a Trooper.  He went on to explain other aspects of his career progression.

V. NEW BUSINESS
A. Review, discussion and possible action on exigent circumstance approved contracts
and all contracts for Public Safety Commission approval

Dep. Asst. Director Fulenwider -  I have been working with Commissioner Barth on this issue.  Commissioner Barth said that this is on the agenda as more of an informational item.  We have created a Board that will help us to keep a closer eye on contracts as they come closer to renewal.  DAD Fulenwider…. Stated that they are using a manual system now for tracking contracts, but hope to move to an automated system within the next couple of months.

Commissioner Steen pointed out a $3 million contract that is on the exigent contract list, and asked who is responsible for determining this and signing off on it.

Director McCraw stated that ultimately he is, and he signs off on the larger contracts.

C. Discussion and possible action on a 2010 recruit school

Director McCraw – is 27 weeks the right amount of time for a recruit school?  Our review indicates that it is not.  We determined that a more appropriate length is 18 weeks.  It was originally set up to coincide with the TCLEOSE certification process.  We have decided that the recruits do not have to be certified before they start their supervisory field training.

We also recommend that we have a 6-8 week recruit school for officers who are already TCLEOSE  certified.  The abbreviated schools not only reduce costs, but also gets the men and women out on the streets earlier.  They still will be required to have their six months under the supervision of the Field Training Supervisor.

Chair Polunsky clarified that Col. McCraw is requesting that the June Academy would be an 18 week school, and would also like to add an 8 week school for already certified officers.  We have determined that it takes a minimum of 37 recruits are required to break even.  We propose having more schools with a minimum of 37 recruits, and not necessarily wait for a full school of 100 recruits or more.  We feel that this will greatly help our recruitment.

Another element that we are working with is regionalism.  Working with AD Baker and Deputy Director Beckworth in being able to guarantee a recruit where they will be stationed following their completion of the Academy.  AD Frank Woodall, head of the training academy, spoke about the details of the reduced curriculum for the 8 week modified academy. Chairman Polunsky asked about the physical conditioning, and it was stated that since there would not be adequate time for full conditioning during these abbreviated schools, recruits would have to meet the minimum physical readiness test standards.

Chairman Polunsky was perplexed that the Commission had already set that minimum standard of readiness but it doesn’t seem to have been implemented for the current recruit school class.  He asked that the Director be given the minutes from the previous PSC meeting that this fitness requirement policy was established.

It costs roughly $700,000 in fixed costs for a recruit school.  Total cost (fixed plus per recruit cost) for an 18 week school will be approximately $1,809,700.

Commissioner Steen made a motion to change the Recruit School to 18 weeks, and to have a short, 8 week course for already certified officers.  There was no second, so the motion failed.

Comm. Clowe said that he would like to further discussion of the PSC’s expectations regarding the PRT requirements for admittance prior to matriculating into the academy.  Is there an understanding now, that this is the requirement to be admitted into the Academy.

Commissioner Barth pointed out that the additional classes are not in the approved budget.  She asked Dir. McCraw if he felt that this is the best use of funds.  Dir. McCraw answered that yes, it is the best use of these funds.

Commissioner Clowe asked about the recommendation of a maximum of 50 recruits per class.  I know that we will have some pushback from those who went through the longer schools.  AD Baker and DD Beckworth both completed 18 week schools.  Col. Beckworth addressed the issue stating that they have already heard these arguments. We provide these officers with the best physical, intellectual and psychological training that we can, and we have been very cautious regarding what has been cut.  We are convinced that we have not compromised our standards at all, and that any training that is removed from the 18 week course will be provided through our continuing education programs. 

Commissioner Clowe stated that he is an advocate of 6 months of training, and I am reassured that this will be continued through field work and continuing education.

Comm. Clowe – How do we reasonably assure the quality candidate will be able to get a preferred location.  Col. McCraw responded that the Department will lock down open positions in the Department at the beginning of recruit classes.  While we will not commit to a single location, we will be able to offer them one of three choices.  We will lock these three with a letter, and will offer these positions to the recruit.

Comm. Clowe also wanted the issue of the big change, and we want to make sure that we do not have any compromise in our standards or quality.  I would be more comfortable approving this change if we establish a retrospective review process to make sure this change is performing as expected.

Chairman Polunsky – In the larger sense, I am in support of the Director’s recommendations. Dir. Woodall, who do you  report to?  Dir. Woodall responded the he reports to Assistant Director Valarie Fulmer.  Chair Polunsky stated that the Colonel and Dir. Woodall were not in their positions when the Commission changed the policy to require the passing of the physical readiness test, but AD Fulmer was definitely in place.  There was some discussion about why it was not implemented for the current class, and Col. McCraw took the responsibility for this lack of implementation.  It would be helpful if a number of people who were critical to the discussion were present at this meeting.  McCraw stated for the record that it was his call not to have AD Fulmer, AD McBride, and DD Rable attend the meeting due to the uncertain weather conditions.

Comm. Steen complimented the Director for a well thought out plan, and remade his motion to pass.  Commissioner Clowe seconded the motion.  The motion to change the Academy to 18 weeks, and to have a special, short 8 week course for already TCLEOSE certified officers passed unanimously.

Comm. Steen asked why our minimum standards have to be so rigid and not have more discretionary capabilities.

Comm. Clowe responded by providing some historic background regarding how these standards have been developed, and because of the work that went in, he felt that our standards are not necessarily rigid, but are very reasonable.  They have been very well vetted.

D. Report, discussion and possible action on request by the Legislature to cut appropriations

Col. McCraw stated that the Governor sent out a letter requiring all state agencies to reduce their budgets by 5% across the board.  That represents a $14, 627,000 cut in our budget.  We were already looking at $27 million that we might be short.

Our recommendations, if approved by the Commission, to the Legislative Budget Board will include cuts:

Texas online
Driver responsibility fees
41 Border vehicles and accessories
Border Security overtime

Commissioner Steen moved to approve the recommendations.  Comm. Barth seconded the motion.
Chairman Polunsky wanted to state for the record that this will not cut positions nor salaries for any of our personnel. 

The motion passed unanimously.

24 of the 117 recruits failed the PRT at the entrance to the class.  All of the recruits have subsequently passed the PRT. There are 325 applicants in the application pool for the next recruit class.

E. Discussion and possible action on dedication ceremony renaming Building A of DPS Headquarters in honor of Colonel Thomas A. Davis, Jr.

Col. McCraw – The dedication stone will be delivered next week, and we are seeking Col. Davis’s input on when we can make the dedication, perhaps in April.

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: 12:30
Reconvene at 3:11 pm -

VII. ONGOING BUSINESS
Reports, discussion and possible action regarding the following:
A. Status report, discussion and possible action on appointment to the Office of Inspector
General

Lafayette Collins of Round Rock has been hired as the Inspector General for the Department of Public Safety. A $147,500 salary was offered and accepted and Mr. Collins will be on Board next week.

B. 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 at this time

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

Nothing at this time.  TFC is finalizing the Meets and Bounds survey.  Once contract is signed, it will take about six weeks.
D. Report, discussion and possible action on the Fiscal Year 2010 Operating Budget

Col. McCraw – the LBB has authorized the funding for the helmets, body armor, etc.

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

Tom Ruocco – Total seized funds as of 12/31/2009 equals $14,884,909. There are $5,132,215 already committed.  The balance of the seized funds will be used for Helicopter and Plane ($5,313,958) replacement from the $9,436,694 balance of the seized funds available.  A balance of $4,122,736 will be remaining for FY2012.

Commissioner Steen moves to approve the $316,000 Incidental Costs and deferring the other items for further deliberation. Seconded by Comm. Barth. 
The motion passed unanimously.

Commissioner Steen asked for clarification regarding what seized funds cannot be used for.  Dir. McCraw listed personnel, buildings, roads and things of that order are prohibited to be funded through seized funds.  Comm. Steen asked for additional clarification to be included in a report at the next Commission meeting.

G. Update Report, discussion and possible action regarding recruitment

AD Jesse White,  Assistant Director of Human Resources – Update on recruiting.  We have replaced the pagers of the recruiters with Blackberry’s.  We are about to get the new wrapped Tahoe on the road soon.

Buccaloo Media will produce a recruiting video at no charge.  This will be made in 1080i high definition.

We now have approval to have a link on the National Guard website for recruiting purposes.

www.joindps.com domain has been secured and is up.

We will be participating in a job fare at the Norris Conference Center on February 11.  We will also participate in a Tulsa, OK, job fare on Feb. 8, since they are reducing their police force and fire department personnel.

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

Lt. Col. Lamar Beckworth – we had our last meeting on January 19th.  We are sending out donation letters.  We are updating the website weekly. We have a sample of the decorative slide.  We are starting to take photos for the yearbook on Monday, and the photographers will be traveling around the country.  We will have a film set up.  Two large banners will be hung on the facility inviting the citizens to join the festivities.  We are working on the memorabilia items, including the boots, which we hope to have sample boots for the next meeting of the Planning Committee.  We are also making plans for the motorcycle tours.

VIII. REPORTS
A. Commission member reports and discussion
B. Finance Report

None

C. Audit & Inspection Report

None

D. Division status reports on activities and action

CID – Ruocco – nothing at this time

Drivers License – Assistant Director Michael Kelley – 1. Our civilian management model:  We are 90% complete in filling the management positions, and 87 % complete with the civilian personnel. 2. We are still having an attrition problem in busy centers such as Houston and Dallas, and we are working with Deputy Director Rable to look into a stipend or graded pay system for those hard to fill and maintain offices. 3. Our DL system is moving forward, and the IT contractor is working day and night to support this transition; 4. Our customer service model is in progress. We have never had  “customer service training” so we are working on a training program that will give us consistency.  We will also be looking to have a consistent look and work flow in each of the offices.  We are using the North Lamar office as our model.

Emergency Management – nothing to report

Highway Patrol – Nothing

Information Technology – Nothing

Comm. Clowe asked for an IT update at the February Meeting.

Regulation and Licensing – Nothing   We are current on CHL.

Law Enforcement Support  – Nothing

Texas Rangers – Nothing to add
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 employees:  Eva Santiago and Donald White
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 – Gregory Haire, Terry Jackson, Stephen Lawson, Frank Pe’Vey, Delbert Roberts, and Lisa Sheppard
C.       Discussion and possible action on proposed rules for publication:
1. Proposed New Rules 1.232 and 1.233, 37 TAC Secs. 1.232 and 1.233, regarding
Accounting Procedures
2. Proposed New Rule 1.43, 37 TAC Sec. 1.43, regarding Personnel and Employment
Policies
3. Proposed repeal of rule 15.163, 37 TAC 15.163 and proposed New Rule 15.163, 37 TAC
15.163, regarding Amnesty, Incentive and Indigence Programs
D. Discussion and possible action on adoption of proposed rules:
1. Proposed amendments to Rule 3.171, 37 TAC Sec. 3.171 regarding Parking and Traffic
Administration, as published in 34 TexReg 7944, November 13, 2009
2. Proposed repeal of Rule 13.86, 37 TAC Sec. 13.86; proposed amendments to Chapter
13:  Rules 13.1, 13.7, 13.10, 13.21, 13.25, 13.26, 13.28, 13.30, 13.71 – 13.73, 13.75,
13.76, 13.131 – 13.134, 13.137, 13.161, 13.182, 13.208, 13.233, 13.234, 13.237, 13.253,
13.254, 13.272 – 13.276, 13.278, 13.301, and 13.304, 37 TAC Secs. 13.1, 13.7, 13.10,
13.21, 13.25, 13.26, 13.28, 13.30, 13.71 – 13.73, 13.75, 13.76, 13.131 – 13.134, 13.137,
13.161,  13.182,  13.208,  13.233,  13.234,  13.237,  13.253,  13.254,  13.272  –  13.276,
13.278, 13.301, and 13.304; and proposed new Rules:  13.86 – 13.99, 37 TAC Secs.
13.86 – 13.99, regarding Controlled Substances Rules, as published in 34 TexReg 7947
– 7966, November 13, 2009
3. Proposed repeal of Rules 35.182, 35.251 – 35.253, 35.256, 35.257, 35.260 – 35.265, and 35.267, 37 TAC Secs. 35.182, 35.251 – 35.253, 35.256, 35.257, 35.260 – 35.265, and  35.267,  Proposed  amendments  to  Rules  35.42,  35.43,  35.70  –  35.72,  35.185,
35.202, and 35.311, 37 TAC Secs. 35.42, 35.43, 35.70 – 35.72, 35.185, 35.202, and
35.311, and Proposed New Rules 35.46, 35.251 – 35.253, 35.256, 35.257, 35.260 –
35.265, and 35.267, 37 TAC Secs. 35.46, 35.251 – 35.253, 35.256, 35.257, 35.260 –
35.265, and 35.267, regarding Private Security Rules, as published in 34 TexReg 8465 –
8478, November 27, 2009
Items C 3 is pulled down by the Private Security Bureau, and will be added back to the next meeting’s agenda.  All remainder are strictly consent Items.

A motion was made by Barth and seconded by Clowe to approve the consent items with the exceptions.

Approved unanimously.

X. ITEMS FOR FUTURE AGENDA

Other than items already requested in the meeting.
Safety & Security for the DPS Headquarters.

XI. DATE FOR FUTURE MEETINGS

February 18, 2010 will be the date of the next PSC Meeting.

XII. ADJOURN

Adjourned at 4:07 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.

Meeting

Thursday, December 11, 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

10:35 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)

None

IV.         DIRECTOR’S REPORT

Colonel Steve McCraw – Texas County District Attorneys Association – We were able to attend and address the TCDAA meeting and discuss our developing partnership with the 16 border county attorneys.  We are very encouraged about the progress and potential that this partnership is bringing.

Texas Fusion Center Policy Council  – We are also encouraged by the progress that we are making in coordinating and sharing among the fusion centers in Texas.  There will be no investigations carried out by Fusion Centers.  That is not their charge.  The Council in conjunction of the Texas Attorney General’s Office is conducting an audit of civil liberty policy to ensure that we are protecting the rights of the citizens of Texas.  Our goal is to achieve fusion statewide. This has not been done in any other state in the nation.  We are working with facilitators from the Department of Justice to build “Communities of Trust”.  We are also working to adopt the Nationwide Suspicious Activity Reporting Initiative.  Privacy studies have already been conducted on this and we are encouraged by the availability of this information nationwide.

We currently have 7 fusion centers: Houston, Dallas, Austin, San Antonio, Laredo, El Paso, and the Statewide center here at DPS.  McAllen is also looking at developing.

Chairman Polunsky asked if Texas is unique in having multiple local fusion centers.  Col. McCraw said that fusion centers originally developed at the state level, but it is not uncommon for larger states with higher density populations to develop multiple local fusion centers.

Chair Polunsky asked if in a perfect world, would  it be better for fusion operations to be centrally coordinated.  Col. McCraw stated that he feels that there are benefits to having local coordination that can adapt quickly to situations as long as there is a distributive process that enables statewide sharing and coordination with these remote centers.

V.          NEW BUSINESS

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

Commissioner Clowe – I asked Dep. Dir. Rable to report on this.  Dir. Rable introduced his team, including Asst. Dir. Valarie Fulmer.  We made an emergency decision to move the Recruit Class to a hotel off campus and our agreement lasts through the end of this month.  Phase II, our short-term plan, will run through the end of this B-09 Recruit class and the end of the fiscal year for In-Service training. We are working to secure a contract with the hotel at a very good rate ($42 double occupancy).

We are doing an entire state DPS facility safety condition assessment through a contractor.  We will receive a prioritized list of improvements that are required or recommended.  This will be a living document that will be updated as the changes are made.  We are hoping that the contract will be executed by the end of January. The vendor will send 60 personnel into the field across the state where they will evaluate for a week at a time in the field and then work for a week in their offices.  The vendor estimates needing approximately two months to assemble this information.  Our target today is the end of May, 2010 for their report. The contract will call for not only and assessment and recommendations, but also will provide cost estimates for correcting the insufficiencies.

Comm. Steen asked if the Academy facility will be made a priority.  Yes was the response.

Comm. Clowe said that he has inspected the temporary accommodations and found them to be better than adequate.  The response was that they have been pleased with the facility and there have been no complaints.  Mr. Woodall, director of the Academy, said that they had early concerns regarding security of the facility which have been addressed, and restated that the recruits are keeping their vehicles on campus, and being bussed to the Academy daily. 

It was stated that the cost for housing the recruits off campus is approximately $21 per recruit per night, or approximately $2,000 per day.

Comm. Steen asked why we are moving forward with all of the state’s facilities, rather than using a laser-like focus on the Training Academy.  Dep. Dir. Rable said that the immediate focus will be on the Academy, but I made the call that the overall condition of DPS facilities will be helpful in making long term decisions.

Comm. Barth indicated agreement with Dir. Rable, but the whole Commission seemed to agree that the Academy needs to be a top priority.

A.D. Fulmer asked Sheryl McBride, CFO of DPS, discussed Phase III – Long Term Strategy.  The first step is to research and assemble Recruit School Costs.  Fixed and variable (in process).  Next is to do a break-even analysis (to be ready by the January PSC meeting), and third, the dormitory facility analysis (30 days post dormitory building assessment).

Dep. Dir. Rable said that they were looking at how to determine what is the minimum feasible class size, and if there is potential to run 2-3 simultaneous classes.  Chair Polunsky agreed that one of the things we should be looking at is the bigger picture of how to make a better mousetrap.

Comm. Steen asked CFO McBride what the bottom line cost of moving the recruits is costing DPS on a daily basis including transportation, etc.  Ms. McBride promised to work on that number to report later in the meeting following the Executive Session break.

                Update report and follow up discussion for possible action from interim OIG regarding staffing and services, as requested at the November 19, 2009 Public Safety Commission meeting

Deferred until after the Executive Session cover the OIG staffing. 

Post Exec. Session: Sheryl McBride, responding to Chairman Polunsky’s question, said that they have identified funds that can be transferred from THP to the IG office. The budget for the IG’s office is $775,000.  Chair Polunsky says that if we name a new IG today, we will ask him to review this and report back at the January meeting.

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

Chairman Polunsky adjourned to Executive Session at 11:32 am.

Reconvened at: 3:04 pm.

VII.  ONGOING BUSINESS

Reports, discussion and possible action regarding the following:

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

CFO and Asst. Director Cheryl McBride – updated the budget variance worksheet that was discussed in the November meeting, bringing the balance down to $5.8 million.  We removed the IT Critical Salary of $1.1 million and the Private Security Technology Request of $3.3 million

Jesse White, Deputy Asst. Director for Human Resources – we’ve prepared a priority to do list based on Comm. Brown’s recommendations. 

1. 1.    Determine curriculum reductions to shorten the Academy course (will also reduce costs and improve recruitment)
2. 2.    Guaranteed duty assignment prior to the start of the class
3. 3.    Aggressively seek high potential applicants from military/colleges for trooper-trainee internship program
4. 4.    6 full time regional recruiters (by March 2010)
5. 5.    Regional commanders accountable for the region’s recruiting efforts
6. 6.    Marketing emphasis: Public service, not remuneration
7. 7.    Investigating recruiter presence at Ft. Hood & Ft. Bliss
8. 8.    Examining feasibility of graduation & recruiting bonuses (regarding the bonuses, the Comptroller’s Office gave an opinion that these bonuses are OK for Commissioned employees – Sched. C as well as non-commissioned personnel)
9. 9.    Col. McCraw signing MOA for Army Reserve Employer Partnership Initiative on 1/8/2010 during All American Bowl events.

Comm. Steen asked what the impact of implementing these recommendations.  Dep. Dir. Rable stated that they haven’t busted the $750,000 budget yet, but they will review it again over the next two months and will report back to the PSC if there is a danger of busting the budget.

Comm. Clowe asked for further information regarding the #1 item – what will “shortening” the recruit school intail?

Mr. Woodall, Dir. of the Academy, said that TCLEOSE requires 618 hours and approximately 6 weeks, but DPS has added on significant amounts of additional requirements.  We will look at all of this training and determine what is appropriate for the initial training, and what can be part of ongoing training.

There was some discussion regarding the importance of salary in the recruitment process, and Comm. Clowe thanked them for promoting the public service aspect of this job. 

Chair Polunsky said that he agreed with everything that Comm. Polunsky said, but it will also be extremely important for us to go to the wall in the 2011 Legislative Session to bring our salaries up to be competitive with these urban law enforcement agencies that we compete with for recruits.

Chair Polunsky said that this isn’t a hard vote to move forward with everything on the list, but rather a nod to move forward and to bring back the Commission some more specifics and affix costs to these recommendations for our next meeting.

CFO McBride updated the Commission that from the beginning to the end of the current recruit school, the cost will be $3,700 per day, within our original $1 million budget estimate.

Regarding the DPS HQ Security TFC Design Specs, it was decided that creating the full scale construction drawings and specs to the tune of $350,000, a lower cost, more general project analysis (approx. $80,000) would be helpful for preparing an exceptional item for the 2011 Legislative Session.

Comm. Steen went on record saying that campus security is at the top of his list of priorities and is concerned that the Commission is shelving the item until after the study of overall facility upgrades are in before May of 2010.

Comm. Barth moved to approve the $85,000 to go forward with the project analysis to include the Traffic analysis and the metes and bounds survey to produce a good faith estimate (within 10-15%) of the required cost for bringing the campus security up to specs.  Comm. Steen seconded.  Approved unanimously.

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

Comm. Barth moved to approach LaFayette Collins, currently a U.S. Marshal in the Western District of Texas, to take the position of Inspector General. The motion was seconded and passed unanimously.

                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

Director McCraw – Nothing at this time.

                Report, discussion and possible action regarding purchases using seized funds

CFO McBride – Current available balance is $2.8 million.  In January we will assemble the DPS Seized Fund Committee to bring back a proposal for the February PSC meeting.  No action required

                Updated Report, discussion and possible action regarding recruitment policy committee and department recruitment

Already Discussed.

                Discussion and possible action regarding security measures for Department

Taken up in Executive Session.

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

Dep. Dir. Beckworth deferred to Legal Asst. Barbara Hinesley.

Thanks to Sgt. Michael Cantu for designing the Commemorative Badge, a sample is being shown (AD Baker’s).

The cost of the commemorative weapon – a Sig Sauer two tone SAO P228 single action revolver with rosewood handles in a glass-topped display case.  This is not a model that is currently available in production so it should have value as a collectable.

DPS 75 Logo

Congratulations to Jimmy Dugin, a support specialist who submitted the winning logo design.

VIII.  REPORTS

                Commission member reports and discussion

None

                Finance Report

CFO McBride: Reports are in your book.  The agency has been using a very dated general ledger system (30 years) that doesn’t provide us with flexibility of reporting, so we are looking at systems used by other agencies that could bring us into the 21^st Century.

                Audit & Inspection Report

Ferrill Walker, Dir. of Audit and Inspection – nothing to add to my written report.

                Division status reports on activities and action

Administration – AD Fulmer – nothing to add

CID – AD Ruocco – Nothing to add

Drivers License – AD Michael Kelley – Nothing to add unless you have questions – Comm. Steen asked AD Michael Kelley to come forward to an update.  Mr. Kelley stated that they have 18 facilities rolled out, and Gestner in Houston, the largest office in the state, will be rolled out next week (a full week process for such a large facility).

We are talking to other states and looking to adopt some things that have worked for them including uniform signage, having personnel wear a “uniform” even if it is informal. Post a photo of the office manager. Etc.

Comm. Steen asked about the feasibility of closing some offices.  AD Kelley said that he would not recommend closing any offices at this time.   Comm. Steen also asked about wait times, and Mr. Kelley said that they are beginning to monitor and study the wait times.

Emergency Management – AD Jack Colley – I got my shots last Saturday.  Another round of the virus will be coming around in January and February and I encourage everyone in the state to get their shots.  Our private sector partners (pharmacies) have been a model for the country for distribution.  We have had 117 H1N1 deaths in Texas to date.

Government Relations -  Amanda Arriaga – Nothing to add to my report.

Highway Patrol Division -  AD Baker – Nothing further to add.  Comm. Steen asked about the HP troopers being assigned to guard the Capitol and the Governor’s Mansion, and there are some concerns in the field regarding this. AD Baker we are in the process of permanently filling these positions, but we are still having to fill these positions from the field.  AD Baker deferred the question of when these positions will be filled to Director McCraw who said that these positions will be filled by the end of May.

Information Technologies – DD Rable – Nothing to add

Counter-Terrorism – Nothing to Add

Law Enforcement Support – AD Mike Simpson – You have my report, but I would like to add a few things.  The DPS Crime Lab just processed the 200,000^th case on 12/3/2009.  We have just topped out the new Crime Lab on the HQ Headquarters . Jan. 20, 2010, we will have an open house at our 60,000 sq. ft. Crime Lab in Garland. We have gone from a year turn around on crime lab evidence to a 2 month turnaround that we are confident we can maintain. 

Comm. Clowe suggested having the January meeting in Garland to attend the Open House.

Regulatory Licensing – AD Lewis – Nothing to add

Texas Rangers – AD Leal – Nothing to add

Gen. Counsel Platt asked for action on item 9 on the Priority Action list to allow Col. McCraw to sign the MAO for Army Reserve Employer Partnership Initiative since that is needed prior to the next PSC meeting.  The motion was made and it passed unanimously.

IX.  CONSENT ITEMS

The following items may be discussed and acted upon in a single motion or discussed separately as determined by the Commission

                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-Tomas Hernandez Valdez

                Discussion and possible action on adoption of proposed rules:

1. Proposed amendment to Rule 14.52, 37 TAC Sec. 14.52, regarding Texas School Bus Specifications, as published in 34 TexReg 7043, October 9, 2009

2. Proposed amendments to Rule 27.121, 37 TAC Sec. 27.121, regarding Sexual Assault Reporting, as published in 34 TexReg 7044, October 9, 2009

Comm. Steen asked the Colonel if there were any items on this list that needed to be discussed.  With no comment, a motion was made by Comm. Clowe and seconded by Comm. Steen and the rules were adopted.

X.  ITEMS FOR FUTURE AGENDA

Comm. Clowe asked that the Priority Items be on the January agenda.

XI.  DATE FOR FUTURE MEETINGS

January 21, 2010 – in conjunction with the Grand Opening celebration of the new Crime Lab in Garland.

X.  ADJOURN

Adjourned at 5:00 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

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.

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

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.

Regarding the Secondary Employment Policy

On Friday, August 21, 2009, Col. Steve McCraw met with DPSOA Vice-President Gary Chandler and me, along with TSTA attorney Don Dickson and executive director Claude Hart to discuss the newly developing secondary employment issue and several other, far ranging issues. I appreciate the Colonel’s willingness to meet with us and consider our concerns.

At the outset of the meeting I clearly stated that the DPS Officers Association opposes the revised Secondary Employment Policy changes.

Col. McCraw offered some clarifications to the Policy.  If you are in CLE, or are an executive manager (captain and above), and are currently working an approved extra job, you will be permitted to continue to work that job. When your HQ-43 is up for renewal on 3/31, it will be able to renew. But no new jobs using any police uniform (DPS or generic) will be approved, and people who promote into CLE from this time forward will not be granted approval to work extra jobs in uniform, DPS or generic.

If your extra job involves working all of the events at a particular venue, you will be able to continue to work those events in uniform, even though you might get paid by a different entity for each event, subject to the usual conflict of interest policies.

We discussed several other topics, including promotion policies, recruiting, patrol schedules, evaluations, the organizational chart and redistricting. Some things are likely to change quickly, as they already have, and others, like perhaps changing the FLSA standards or receiving appropriations for overtime or “availability pay”) will take a lot more time, effort, and legislative funding.

The DPS Officers Association, as an advocate for our Members and for the Department, will provide vital support in bringing about the positive change that the Deparment is trying to implement.  It is through our size and the political clout of our PAC, that DPSOA will be able to help bring about the necessary political will and funding to complete these changes. With our 3,400 Members, DPSOA has the unique role in moving these changes forward. I appreciate your feedback and your continued support of the DPSOA and your critical contributions to the DPSOA PAC Fund.

Brian Hawthorne

President

DPS Officers Association

Below is the summary of Friday’s PSC Meeting.

Public Safety Commission

Meeting Friday, August 21, 2009, 10:30 a.m.

Criminal Law Enforcement Auditorium

6100 Guadalupe, Bldg E

Austin, TX 78752

SUMMARY

(This report represents a summary of events of the meeting,

 and is not necessarily complete nor an exact transcript of testimony.)

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

I.          CALL TO ORDER

10:36 am: Chairman Polunsky called the meeting to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Carin Barth, and John Steen. Comm. Ada Brown was not in attendance. Also present were Col. Steve McCraw, Lt. Col. Lamar Beckworth, General Counsel Stuart Platt.  A quorum is present.

Chairman Polunsky, Brian Hawthorne, Gary Chandler

II.      APPROVAL OF MINUTES 

Minutes were approved unanimously.

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

After 36 years and 9 Directors, Dorothy Wright has announced her retirement.  She began assisting the Directors in 1980. Chairman Polunsky thanked her for her exemplary service and Ms. Wright was acknowledged with a standing ovation.

Scott Henson, Austin, TX – I run the Criminal Law blog, “Grits for Breakfast”, commenting on the Driver Responsibly program.  I hope you will open your meetings on these programs, and I appreciate being able to participate in the dialogue.

Senator Eliot Shapleigh, El Paso.  Les Dura, Law Student researcher, and Judge Earl, Municipal Judge in Travis Co.  The Driver Responsibility Program was to add a surcharge to certain violations including DWI, driving without a license, driving without insurance, etc.  Neither the Texas Mobility Fund nor Hospitals have received a penny of these surcharges as intended by the statute.  I hope to be able to address this problem in the next legislative session.  One in nine people have warrants out for them in El Paso (11%) due to this program.  The numbers were similar in Travis County (Austin).   A one-time infraction costs $1,000.  Suspended license – $1,000.  We have a 70% non-compliance rate, since many violators are not able to pay the surcharges.  The LBB said that it has lead to more uninsured drivers on the road.  It fails to make roads safer. More than 1,080,000 drivers cannot pay.

Comm. Barth asked what percentage of the violations were DWI. Did you research who was at fault in wrecks that involved drivers who were not insured. Mr. Dura said that that was not a statistic that they had on hand.

Elizabeth Earle, County Court Judge, Travis County.  We want to hold people accountable. We hear “I will never be able to climb out of this hole; Just put me in jail.”

Sen. Shapleigh took the opportunity to thank DPS for the difficult job that they do every day.  He was particularly thankful for the work that the Department does in curtailing the drug cartel wars along the border.  Chair Polunsky thanked the Senator for his comments. Comm. Clowe also thanked Sen. Shapleigh, and said that our new Col. is indicative of our commitment to this problem.

Pamela Ann Sharon, Freer, Duval County. – I am a certified speech teacher.  I have been a victim of cyber stalking and harassment.  People have found out that I am an animal lover, and have killed my dogs, and thrown animal parts into my yard and other crimes against my property. They post false statements about me stating that I abuse animals (I only spay and neuter animals). They altered my DL photo to make it look like a mug shot in a jumpsuit. I have tried to contact the Rangers at the recommendation of an old friend, who was a retired Ranger.  I am frustrated that despite arrest warrants being issued, no action has been taken.

We will turn this over to the Director’s office.

IV.      DIRECTOR’S REPORT

Col. Steve McCraw – We have had several success stories, that I am happy to report on, including a cooperative effort to thwart a kidnapping.

I do not disagree that the Driver Responsibility program needs some adjustment, and Chief Michael Kelly has been working on a report to address this issue.

One of my first charges when taking my new position is to review and begin implementing the recommendations of both the Sunset Commission and the Deloitte Study. These will be addressed later in the meeting.  Two appointments have been made.  Michael Kelley is the new permanent Chief of Drivers License, and Amanda Arriaga, newly named Chief of Government Relations.  Ms. Arriaga is an attorney who has worked in the Governor’s Office on Homeland Security.

Col. McGraw asked Chairman Polunsky to present a certificate from the Governor thanking Dorothy Wright for her outstanding service to the State. Again, Dorothy Wright received a standing ovation from the audience.

Equipment Issues – in our tactical update, we are getting flack jackets for troopers on the road, as well as other needed equipment such as tasers and flashlights. Troopers currently have Level 2 protection, but we have identified stimulus funds that will enable us to spend the $2.4 million for Level 4 protective armor for our HP Troopers.

The Job Task Scenario clearly needed adjustment particularly for our female troopers and some of our older troopers, so we are allowing extended time for the JTS in Austin, so long as the participant is exhibiting a constant effort. The Colonel will be meeting on the 25^th with a group to discuss possible adjustments to the PRT.

The Discipline Matrix – we need to standardize the punishment across the state.  We need to be able to make it clear that the Department will not tolerate any prevarication.  A lie will be an immediate cause for termination.

The Commission and the Colonel is also very interested in following up on fire safety issues that have been brought to the attention by Sen. Juan “Chuy” Hinojosa.

Comm. Steen – what have been the 3 biggest challenges so far:

1. Licensing – both DL and Concealed Handgun Licensing.
2. The high caliber of people at DPS has been the most rewarding, however we are embracing mediocrity – this needs to be addressed.
3. The IT systems need to be in place to address these programs.

V.      NEW BUSINESS

A.        Update, discussion and possible action regarding formulating policy of

recommendation to schools with respect to shutting down the schools due to H1N1

Chief Jack Colley – I have asked representatives from the state, Judy Lawrence, Texas Education Agency, and Dr. David Lakey, Commissioner of State Department Health Services. We have met with the Governor many times.

Dr. Lakey stated that Texas has been on the forefront.  As of Aug. 1, we have had about 5,000 confirmed cases (probably about 1/10 of the actual number.  In perspective, we usually have about 1.5 million annual cases of seasonal flu.  It has become the first pandemic in 40 years, having spread worldwide. There are 5 vaccine manufacturers, and we expect a supply in Texas by mid-October. We has a joint Summit with about 600 in attendance in conjunction with the Governor’s Office of Emergency Management.

Ms. Lawrence said that they assumed this would be a pandemic, but didn’t expect it to happen as soon as April, and we didn’t expect it to happen in Texas.  The community mitigation and fast action of Jack Colley’s Emergency Management Team saved the state billions of dollars and possibly human life. School teachers have dealt with sick children since the beginning of time, and we are working with schools from the ISD superintendants all the way down to the teachers.  Schools will not be closed based on 1 or more H1N1 cases or seasonal flu.  There is a threshold that will trigger closing, but that capacity will be different for all schools based on a number of factors, but never based on the money.  Only safety and health of the children will come into play. County Judges and Mayors will be the point of governance for these operational decisions.

Comm. Steen asked what is the difference between H1N1 and Seasonal Flu.  Dr. Lakey – Every year we have a tweaking of the seasonal flu virus, but every once and a while, you get a major change to a virus, and the body and the typical immunizations do not effectively treat the new strain.

Chief Colley – “You plan the most where you have the greatest risks”.  This includes schools, and major events (where 1,000 or more are gathered), including disaster evacuations.

Comm. Barth – How quickly will you be able to vaccinate once the vaccine is available.  45 million doses will be available country wide, and I expect about 4 million doses will come to Texas. At risk includes pregnant women, families with children under 6 mos., college students, etc.  We intend to have the vaccine available to all who would like to get it (voluntary, not mandatory).

Chairman Polunsky asked Tele Mange to prepare a Press Release to outline what the state is doing in preparation for this pandemic.

B.        Update, discussion and possible action on providing permanent generators

Chief Jack Colley – I anticipate having permanent generators along the Texas coastline, Beaumont, Lufkin, Houston, Victoria, Corpus Christi, by September 15, as you requested at the last PSC meeting. 

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

Since Comm. Brown isn’t here, we will add this to our next PSC meeting agenda.  We may get a letter from Comm. Brown with updated information in the next few days.

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

This is also one of Comm. Brown’s issues, and we hope to get a report in writing on this issue as well.

E.        Discussion and possible action regarding procurement of law enforcement equipment, additional body armor (Level 3 flak jackets), and other operational support items to commissioned personnel

Equipment Issues were discussed in the Director’s Report.

F.         Discussion and possible action regarding Executive Management salary specifically the Director of DPS (formal procedure statutory requirements)

Chief Oscar Ybarra, Finance -  the 81^st Legislative Session allowed an increase for the Executive Director  to $162,000, which will require action by the Commission.  The Commission passed the motion unanimously, effective September 1.

G.        Discussion and possible action regarding bad check debt accounting

Chief Ybarra – The NSF checks totaled approximately $700,000.  This is less that 1%.  Comm. Barth said that as a law enforcement agency, anything above 0% is unacceptable.  Chief Michael Kelley – Drivers License – DL’s can be revoked, and this is an option we are looking in to. Chair Polunsky asked to have DL revocation discussed as an option for any NSF check issued to the Department.

H.        Executive search firm services for management positions, interview processes for those positions, status report on the search and possible action regarding the employment of management position candidates to include the Inspector General and Chief Financial Officer

Commissioners Barth & Clowe and Lt. Col. Beckworth – Comm. Barth – Inspector General position is ready to be posted.  We hope to have someone in place by mid October.  Col. McCraw – we have the CFO position open, but we haven’t had any suitable candidates.  We continue to work with Corn Ferry to fill these positions.

Counsel Stuart Platt – As of Sept. 1, 2009, the Office of Inspector General is mandated to be in place by the Texas Legislature. The responsibilities of Internal Affairs will shift to the Inspector General, and eventually be phased out.

I.   Discussion and possible action on Department asset forfeiture policy and procedure

Col. Beckworth – approximately 4-5 months ago, I gave an accounting of how forfeited assets were used, and we have been developing a new policy.  In the past, each Division has used their own seized property.  We have centralized the process into a seamless, transparent department.

J.         Discussion and possible action regarding purchases using seized funds

Col. Beckworth – The Texas Data Exchange Program, TDEx, The cost of running TDEx, will require $4.1 million dollars that we recommend using from seized funds.  Col. McCraw – we have identified some stimulus funding that will help as well.  I feel that the $4.1 million will be a great investment for the Department.

A motion was made to approve the use of $4.1 million, and seconded.  The motion was approved unanimously.  This will leave approximately $13 million in the seized assed fund.

K.        Discussion and possible action regarding Texas Data Exchange (TDEx) contracting for FY2010

Chief Ybarra & David Gavin – we have applied $13.7 million from stimulus money, and another $17 million from the Governor’s office.  This will enable us to add the 640 other agencies that we would like to get on board with TDEx.

The Commission voted unanimously to approve continuing the program.

L.         Update and discussion regarding the pending issuance of approximately

$110,625,000 in bonds, pursuant to previous approval from the Texas Bond Review

Board, the Legislative Budget Board, and the Public Safety Commission

Chief Oscar Ybarra introduced two representatives who will be responsible for selling the general obligation bonds for the state. We will be moving forward with these construction projects, totaling $200,000,000.

Dwight Bond – the market is very good for these bonds. Texas has an AA+ bond rating, just below the highest AAA (recently upgraded).  Only a few states have a higher rating – including Virginia. These are 20 year bonds, with a 10 year call date, and approximately 3.5% return.

M.        Update, discussion and possible action regarding energy savings performance contract

Asst. Chief Fulenwider, Administration – We contracted with Enesco to monitor our energy consumption, and is paid through a guaranteed savings.  The TAC project has been on hold for much of 2009, awaiting legislative action (which never came). The project includes $8.4 million in energy improvements.  The contract is up for renewal in 10 days, and the Dept. could forfeit $191,000 if we do not renew. The Commission (Chair Polunsky and Comm. Barth) were very concerned that the contract came up for renewal 10 days prior to when it was due.  Col. McCraw stated that this would not happen again.  Chair Polunsky said that Col. McCraw was correct. Chairman Polunsky instructed Col. McCraw to address the Department’s contracting issues to ensure that this type of thing does not continue to crop up and surprise us.

The issue was deferred until a later time.

After the Executive Session, Comm. Barth made the motion to extend the contract for 90 days at which time it will be re-evaluated.  Counsel Platt said that he would have to negotiate it but he didn’t feel that it would be a problem.

  N.        Discussion and possible action on continued use of written transcriptions of meetings

Comm. Steen – the new minutes are working very well, and we may no longer need the written transcripts.  Counsel Platt’s office uses the transcripts from time to time to see if there was an actionable item.  We have audio recordings of the meetings.  Mr. Platt has no objections to eliminating the court reporting transcripts. We may need to accommodate the hearing impaired, but that can be accommodated.

Comm. Clowe – We do not have the public fill out witness testimony forms.  Counsel Platt said that he would initiate the witness testimony form.  Comm. Clowe stated that he has never been in favor of summary minutes.  I prefer transcriptions.  I am not comfortable with summary minutes as our only record of these meetings.

Counsel Platt suggested that the Department could index both the audio and the transcripted meeting files to the meeting agenda.

Comm. Steen moved to cancel the court reporting verbatim transcription service, seconded by Comm. Barth.  Comm. Clowe voted NO, but the motion passed.

VI.      ADJOURN INTO EXECUTIVE SESSION (if required) to consult with legal counsel regarding pending or contemplated litigation or settlement offers or to receive legal advice on items posted on this agenda; deliberation regarding real estate matters; consideration of any other items authorized by law, including personnel matters, the Directors action of discharging employees as identified in this agenda; ongoing criminal investigations

Adjourned: 1:30 pm

Reconvened at 4:07 PM

VII.      ONGOING BUSINESS

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

            A.     Implementation of Driver License System, and options regarding implementation

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

C.   Presentation, discussion and possible action regarding the Drivers License Division- Driver Responsibility Program, to include discussion of the Vendor Management HQ-

08-37contract extension; Legislative intent for DRP implementation; possible action to develop an incentive, indigence, and amnesty program for drivers charged with DRP fees; and vendor results for collection under the contract

Michael Kelley, Chief of Drivers License Division – With the Commission’s permission, asked to address items A, B, and C together.

We are averaging between 39% – 61% increase in processing time with the new DL system.  This is the problem that we have to address immediately. Instead of scrolling down two screens of information, the new system has 5 screens of information.

We are having a difficult time processing all of the DL’s with a shortage of FTE’s.  We will need 74 examiners to provide the road tests for teen drivers.  Comm. Barth asked if it would take a min. of 40 minutes per applicant.  We need to look for ways to streamline the process and cut the time.  The numbers won’t work, otherwise.

We had 27 new supervisors trained in the new civilian model at the training school.

Driver Responsibility Program – this becomes a circular problem  

1. Amnesty/Indigency Program – Sept.1, 2009
2. Incentive Program – Reduce 1^st fine, and reduce subsequent and take counseling.
3. No insurance – various reductions.  Instead of paying more to DPS, ensure that they get the insurance.
4. Driving while license is invalid – reduce the fees.

There was a great deal of discussion about whether to just apply these changes going forward to new Driver Responsibility participants, or to add in a retroactive element.  It is unknown what fiscal impact that these changes would make, since we do not know how much it will affect compliance.  It was suggested that the commission approve both in two separate motions.

Comm. Clowe made a motion that the Commission publish a rule and schedule a public hearing on the rule based on Chief Kelley’s indigency proposal, and that that Chief Kelley’s proposal be implemented as soon as possible upon approval of the Commission.

The motion was seconded and approved unanimously.

Comm. Clowe also asked that Chief Kelley’s proposal to address the indigency issue on a retroactive basis, subject to it being constitutionally acceptable, and that a public hearing to collect comment on the proposal be held.  If approved by the Commission, the proposal should be implemented as soon as possible.

Commissioner Barth recommended signing a 1 year contract with MSB beginning Sept. 1 with an option to renew 4 times on a 1 year basis.  Chair Polunsky suggested leaving it intact for now, since it can be pulled and cancelled at any time.  Comm. Barth pulled her motion.

            D.   Discussion and possible action regarding security measures for  Department

No action necessary.

             E.   Discussion and possible action to include: procurement of a project management contract for the purpose of implementing organizational changes and possible next steps in planning regarding the development  and administration of the project management plan and project management office for reorganization of the Department

Comm. Clowe – I think Dir. McCraw would have a comment.  Comm. Clowe recommends that the Comm. Drop the project management office for Col. McCraw’s “Chief of Staff” and appreciates the level of communications.

F.    Discussion and possible action regarding Department organizational structure

San Antonio and El Paso would become Regional HQs, while Waco would no longer be a Regional HQ, but a District Office, and the Capitol would no longer be a Regional HQ.

The Office of Homeland Security will be moved from the Governor’s Office to the Department of Public Safety (5 staff members).  This will become official when the Governor’s Chief of Staff provides a Memo to the DPS.

Region 3 has 4 CoGs.

Comm. Barth moved to approve the organizational chart with the suggested amendments in Licensing (having two Asst. Directors: Regulatory Licensing and Drivers License) as well as the Regional Structure The motion was approved unanimously.  Col. McCraw will report back to the Commission regarding the fiscal impact of the salary proposals (Director= $162,000, Asst. Directors = $147,500, Chiefs = $120,000).

Captains or above can apply for the Regional Commander Positions.

Some of the recommended appointments (subject to PSC approval) are:

Government Relations (Chief?): Amanda Arriaga (newly hired to replace Michael Kelley in this position)

Public Information & Media Relations: Tele Mange

General Counsel: Stuart Platt

Equal Employment Opportunity: Rhonda Fleming

Office of Dispute Resolution: Kevin Casey

Deputy Director – Law Enforcement: Lamar Beckworth

Deputy Director – Services: TBA

Assistant Director – Intelligence & Counter Terrorism: Fred Burton (from private sector)

Assistant Director – Highway Patrol: David Baker

Assistant Director – Criminal Investigations: Tom Ruocco

Assistant Director – Texas Rangers: Tony Leal

Assistant Director – Emergency Management: Jack Colley

Assistant Director – Information Management: Brad Rable

Assistant Director – Law Enforcement Support: Mike Simpson

Assistant Director – Finance: TBA

Assistant Director – Administration: Valerie Fulmer

Assistant Director – Regulatory Licensing: John Jones

Assistant Director – Drivers License: Michael Kelley

Director Steve McCraw asked the Commission to consider the following salary levels for the new organizational positions:

Director: $162,000.00 (approved today as authorized by the 81^st Legislature)

Deputy Director: $157,500.00

Assistant Director: $146,500.00

Chief: $120,000.00

G.    Update report on 75th “Diamond Jubilee” Anniversary of the Department

No discussion today due to time.

VIII.      REPORTS

A.    Commission member reports and discussion

Still searching for Inspector General.

B.   Budget Matters (Oscar Ybarra)

Nothing new to report.

C.   Audit & Inspection Report (Farrell Walker)

Chief Farrell Walker – you have my report including Audits underway and completed.  I’m hoping to have a Performance Measure Audit report for you by mid September which should be a great benefit to the Colonel in moving towards more performance accountability.

D.   Division status reports on activities and action

Wayne Muller – Licensing and Regulation – Yearly CHL applications continue to rise.  We are currently about 16,000 licenses backlogged, but we should be able to issue about 8,000 in the next week.

Chief Baker, Highway Patrol – showed the new recruiting vehicle that has a graphic wrap to impress potential candidates.  The recruiters love the vehicle, and feel that it will help them do their jobs.

President Brian Hawthorne, Chief David Baker, & John Pike stand beside the new Recruit Tahoe.

IX.      CONSENT ITEMS

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

separately as determined by the Commission

A.    Discussion and possible action to authorize the Department to accept the donation of the following: Economic Development Corporation of Weslaco (proposed donation of approximately 21.29 acres in Hidalgo County on which the Department can build a regional   office);    Colorado    County    (proposed    donation   of    a    radio    tower,    a communications shelter, and a generator); Mainline Information System (proposed donation of resources to convert mainframe devices to newer technology);  Deloitte Consulting Services LLC (proposed donation of services for the Driver License Reengineering  project).  Donations  are  authorized  by  Government  Code  Section

411.013

B.   Discussion  and  possible  action  to  acknowledge  the  following  entities  that  donated information technology resources for the purposes of responding to the Conficker virus: AT&T; Cisco Systems Inc.  Acknowledgement of donations is required by Government Code Section 575.003

C.   Discussion and possible action on the Director’s action of discharging probationary

employees:   Frevelander Fredricks and Leigh Ann Erwin (Tx Gov Code 551.074)

D.                Discussion and possible action on appointments of Special Rangers and Special Texas Rangers pursuant to Government Code chapter 411, Secs. 411.023 & 411.024:  David C. Sandlin, Jimmy L. Willey and Thelbert Millsap

E.    Discussion and possible action to advise and consent to appointment of members of the Department’s management team pursuant to Government Code 411.0071 and

411.006

F.    Discussion and possible action to appoint Vehicle Inspection Advisory members: Kathryn T. Pingsterhaus, John Kenneth Long, Roy David Baird

Motion to approve all six Consent Items and seconded.  Passed unanimously.

X.     ITEMS FOR FUTURE AGENDAS

None offered

XI.    DATE FOR FUTURE MEETINGS

September 17, 2009 

XII.   ADJOURN

Adjourn: 6:12 pm

The Commission may take items out of the order in which they are posted on this agenda. Also, an item that has been adopted, passed upon, delayed or tabled for a later meeting may be considered or reconsidered at the same meeting.

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.

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.

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
Wednesday, May 6, 2009, 5:00 p.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:

CALL TO ORDER
In accordance with Texas Gov. Code Sec. 551.045, there exists an urgent public necessity sufficient to warrant an emergency meeting of the Public Safety Commission based on a reasonably unforeseeable situation. Specifically, the Commission must take action to appoint an interim director after the unforeseeable retirement of the current director.

Public Safety Committee Meeting, May 6, 2009

5:02 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 was present.

Chairman Polunsky asked if there was a motion.

Commissioner Clowe said that he felt that the purpose of the meeting should be laid out for the public.  With the announced retirement of Director Col. Stan Clark, the Public Safety Commission sent notice to the Secretary of State Office on May 4, 2009,  that an Emergency Meeting of the Public Safety Commission is necessary to name an immediate Interim Director for the Department of Public Safety.  Commissioner Clowe moved to enter into the record that the need and purpose of the emergency meeting  were documented and in compliance with statute.  Comm. Steen seconded the motion.

The Commission voted unanimously to accept the motion.

III. Executive Session to consult with legal counsel regarding appointment, employment, evaluation, reassignment, duties, discipline or dismissal of director, assistant director, and persons appointed to management team positions. Gov. Code 551.074. (out of sequence)

Chairman Polunsky recessed the meeting to break to Executive Session at 5:08 pm.

Chairman Polunsky reconvened the regular session at 6:33

I. Discussion and possible action to appoint an interim director of the Department of Public Safety.
Chairman Polunsky asked if there was a motion.

Comm. Barth moved to name Lamar Beckworth as the Interim Director. The motion was seconded by Comm. Brown. 

With no discussion, the motion passed unanimously.

Comm. Ada Brown Congratulates the New Director Beckworth

II. Discussion and possible action to provide advice and consent to the interim director of the Department of Public Safety regarding the appointment of an assistant director.

Col. Beckworth made a statement that he would do his very best to represent the Department with the utmost integrity, and he promised that the Commission would not be disappointed with their decision.

Chair Polunsky said that he was certain that they (the Commission) would not be disappointed.

Comm. Steen ask that the record reflect that the appointment of Col. Beckworth was met with a standing ovation from the audience.

 
ADJOURN

Chairman Polunsky adjourned the meeting at 6:39 pm.

President Hawthorne, Col. Beckworth, Vice-President Gary Chandler

(Note: All four Austin TV network affiliates were on hand to interview the new Colonel and Chairman Polunsky following the meeting.)

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
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

Public Safety Commission Meeting
Thursday, February 19, 2009, 12:00 p.m.
Criminal Law Enforcement Auditorium
6100 Guadalupe, Bldg. E
Austin, TX 78752

Rep. Corte, Chair Polunsky, Comm. Barth, Col. Clark

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

I. CALL TO ORDER
12:15pam – 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. PUBLIC COMMENT  (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)
Don Dickson – Texas State Troopers Association, in light of this morning’s Senate Finance Committee meeting, I will leave the written comments to the Commission regarding the appeals hearing process.  I think that the meeting went very well, and was startled by Sen. Whitmire’s comments that we should be the highest paid law enforcement agency in the State.  I would encourage you to reevaluate your “ask”, if not to the full original request, then somewhere in-between.  I would also ask you to consider expanding the STEP program, both for the benefit of the Department and your employees.  I was also interested in Sen. Whitmire’s comment regarding adding cages, and perhaps you should leave the choice of adding the cage to the individual Trooper who will be assigned the vehicle.

Comm. Polunsky – We need to be more than competitive in terms of salary to draw the best and the brightest, and I was also encouraged by the meeting this morning, and will work toward modifying our requests.  Your comments regarding the vehicle cages is duly noted.

– Thank you to the Commission for everything that you have done in terms of compensation. 

Brian Hawthorne

Sgt. Brian Hawthorne

Regarding recruiting, I want you to remember the standing ovation that you received  when you made the commitment to not compromise our recruiting standards when speaking to our Annual Conference a couple of weeks ago. I polled 24 Sergeants and all would rather have a vacancy in their areas rather than a trooper who is not a top line recruit, trained and ready to serve. I am concerned that the “Comments” section of the Recruit Application evaluation form was removed some time back, removing the opportunity for Sergeants out in the field to provide valuable insight into the suitability of a candidate.

III. NEW BUSINESS
A. Discussion and possible action regarding use of technology such as telephonic conferences or videoconferencing for meetings of the Public Safety Commission, including proposing legislative action to that effect for regular Commission meetings
General Counsel Stuart Platt – I would recommend that to insure that we comply with the Open Meetings act, that we look at possible statutory changes that allow our agency to use telephonic meetings.

B. Discussion and possible action regarding Department recruiting policies and procedures, including the discussion of current and future practices in formulation and implementation of recruitment policy
Chief Fulmer – Licensing and Regulatory –introduced a number of people who are resources for addressing the recruitment policy. Chief Fulmer had a semantic disagreement with DPSOA in that she didn’t think the recruitment standards have been lowered, but perhaps the implementation of those standards may have been relaxed to bring the numbers up.

Comm. Clowe – I had to restrain myself from speaking up at this morning’s Senate Finance Committee Meeting on this topic.  There is a high code of ethics in this agency as a whole, but there may be a few exceptions.  When you do have someone who misbehaves, your correction must be just and swift.  We are all embarrassed when one of our employees does something that is illegal, immoral or unethical.  The training is so very important.

Chief Fulmer – that is very true, and it becomes a morale issue.
 
Capt. Philip Ayala – provided some overview of the field recruiting process.
 
Comm. Brown – Pres. Hawthorne posed a issue that was interesting to me regarding the “comment” area on the application.  Are there people in this recruit class who did not measure up?

Capt. Ayala – Yes.

Brown – more than one

Capt. Ayala  – Yes

Brown – more than a handful

Ayala – Yes

Brown – Wow!

Comm. Barth – We give credit for higher education hours, jailers, public service, military etc., and certain jobs at DPS.  How many are taken in each recruit class using these exemptions.

Human Resources Director Paula Logan – I would have to go back and check that for you.

Comm. Barth – Do you verify the experience through transcripts, etc.

Capt. Ayala – Yes

Comm. Barth – is there a weight given to each of these qualification elements?  How much is objective and how much is subjective?

Dir. Logan – we do send back cases to the field for follow-up when there is a question, and we do require official transcripts, and do employment verification.

Comm. Brown – I’m familiar with polygraph, and I assume that you ask pointed, hard questions, such as “have you ever sexually molested a child?”

Dir. Logan –We ask direct questions during the pre-polygraph process, but ask 5-6 more general questions on the polygraph such as “is everything on your application true and complete?” or “is the medical information on the application correct and complete?” etc.

Comm. Barth – Do you know how many recruits are accepted by DPS that were rejected by other agencies?

Dir. Logan – I could get the number from the last recruit class.

Chair Polunsky – perhaps the last several years would be good information.

Dir. Logan – We may not have that data.

Chair Polunsky – Have we accepted recruits who have failed the tests and have a felony arrest?

Dir. Logan – I would say probably yes.

Comm. Brown questioned again why the Comment section from Troopers in the field was removed as Sgt. Hawthorne had brought to the Commission’s attention

Dir. Logan – The previous administration felt that that was the job of the Oral Review Board to determine fitness for the position.

Chair Polunsky – please explain the exceptions for the jailers, communications, etc.  – are we accepting anyone with less than less than 80% of the PRT.

Dir.  Logan – no

Comm. Clowe – asked Maj. Tim Thompson to answer some questions.  What are your thoughts regarding Sgt. Hawthorne’s comment regarding dropping the Sgt. Comments from the application.

Maj. Tim Thompson – I respectfully disagree with some of Sgt. Hawthorne’s and Mr. Dickson’s comments but agree with most of them.  We have not lowered our standards.  This is not an exact science.

In one cycle in my area, from 408 applications, we ended up with 279 interviews.  Of those who had a 40 score, 121 made it through the screening, and 110 ended up being moved on in the process.

I have to have faith in my testers and the oral interview board in making my recommendations.

Chair Polunsky – we are likely to have a larger pool to choose from for the near future based on what is going on in the world.  Clarify if those who were entered at 80% of the PRT, were they allowed multiple chances to reach an 80% score?

Dir. Logan – Yes.

Chair Polunsky – Are you troubled by this process?

Commander Rodriguez – Yes. But we have not lowered our standards.

Comm. Barth – is very troubled that the criteria has become extremely subjective, and is not consistently applied across the state.  Does this trouble you?

Comm. Rodriguez – It would make our jobs a lot easier if there was a set of objective standards that could be evaluated.

Comm. Brown – Regarding “ramping”, I asked you to provide research regarding “ramping”, do you have any of that for me today?

Comm. Rodriguez – we are currently researching it.  I made the recommendation, but I don’t have any actual research other than staff indicated that this is what North Carolina had done.

Comm. Barth – Recommends forming a committee to study and evaluate the recruiting process, and include at least one outside member, and perhaps some outside consultants.  This committee would prepare a report, and provide the Commission with recommendations, perhaps by our March 29th PSC Meeting. 

Comm. Barth made a motion, Comm. Steen seconded. Chair Polunsky suggested taking Sen. Ogden’s comments regarding considerations for other law enforcement agencies at this morning’s meeting into consideration when making their recommendations.

Passed unanimously.
A. Discussion and possible action regarding the appointment of the Director of the Department 

Counsel Platt – We are rapidly approaching our interim Directors term (end of March) and he cannot

Clowe moves to appoint Col. Clark to the position of Director of DPS.

Comm. Steen – seconds, with the understanding that the department is continuing with the process of searching for a permanent Director.
Counsel Platt – Col. Clark, if not chosen, would lose his protection of not being able to be reduced below his previous rank of Major if we move forward with this.

Passed unanimously.

B. Discussion and possible action on residence policy

Col. Stan Clark – Chief Baker has done a study on the residency policy of the agency.  Currently the policy is 20 miles from your duty station.  Chief Baker looked at other states, and has made the recommendation to extend the mileage requirement to 25 miles. After reviewing the report, I would recommend changing the residency requirement to 30 miles of your duty station.  In this day and age, and with the anticipation of the Legislature approving the 450 additional vehicles, this is an appropriate recommendation.

Comm. Barth – will this affect the 22 min. crash scene response time that we have been given.

Col. Clark -  I feel that this will reduce our response time.

Chief Baker – In light of this morning’s Senate Finance Meeting, I would like to change my recommendation to 30 miles as well.  I do not think it will significantly impact our response time.

Comm. Steen – thanked Chief Baker for his thorough report and again asked that the Department come up with a way to share the information with the attendees at the meeting (through a PowerPoint presentation or other means), and asked Chief Baker to review the pros and cons listed in his report.

Chief Baker listed the pros and cons.

Comm. Barth asked what the fiscal note on the change would be.

Chief Baker suggested that there would be some increased fuel cost, but not a significant impact. I don’t anticipate a mass migration of Troopers when this is implemented.

Comm. Clowe moved the approval of the 30 mile residency request.  Comm. Brown seconded.

Passed unanimously.

C. Update report, discussion and possible action on DL office closures

Four offices have been permanently shut down.  We are accelerating the process.
D. Discussion and possible action regarding security measures for Department infrastructure 

Chief Valarie Fulmer – there is not a direct state contract for security consultants.  We are costing adding the vehicle blocking posts in front of the entrances, and will move forward with that right away.  We have contacted a consulting firm who will do an evaluation and use their recommendation to get quotes.

The Commission suggested looking into grant monies to help pay for this.  It is very possible that we could have recommendations within a month or so.

E. Discussion and review of pending contracts, commitments and change orders, including the following:
1. 3130xI DNA Kits and Consumables
2. Identifier DNA Amplification Kits
3. DNA Extraction Robots (7 each)
4. Online Database Service for Inquiries such as Driver License, Vehicle Registration, Real Property, Bankruptcies, Tax Liens, etc.

Comm. Steen asked if there are any surprises in any of these contract/change requests.

Oscar Ybarra – Replied “no”. Currently we have to present contracts of $1million or more and changes to contracts of $500 thousand or more.

Accepted.

F. Discussion and possible action on DPS methodology for identifying and securing federal and state grant funding to support Department plans and operations
Lt. Col. Lamar Beckworth – We are actively searching for Federal and State funds that might be available and are working with the Governor’s Office who has staff that will assist in this search.

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 Director’s action of discharging employees as identified in this agenda; ongoing criminal investigations
The Commission adjourned for Executive Session at 2:45.
The Commission reconvened at 4:15.

V. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
1. Discussion and possible action concerning the organization structure study of the Department and procurement of a project manager to implement organizational changes
Paula Logan – Director of Human Resources – Comm. Clowe took the lead saying that Comm. Steen and he would be conducting interviews on March 6th of the finalists.  I hope to have recommendations for the Commission very soon.

2. Internal audit services contract
Farrell Walker – Director of Audit and Inspections – The internal audit services contract was posted in the Texas Register, will be able to review responses on or around March 11, and will hope to make recommendations on March 24.

3. Executive search firm services for executive director and management positions
Comm. Clowe took the lead saying that Comm. Steen and he would be conducting interviews on March 6th of the finalists.  I hope

Paula Logan added that CornFerry has been hired and will be starting their search right away.

Comm. Clowe added that CornFerry plans to be in Texas in early March to begin interviews.

B. Discussion and possible action regarding the employment of an assistant for the Commission 
Comm. Brown –  we have had a great pool to choose from (over 100 applicants), and I recommend that the Commission instruct the Col. To Linda Dougherty be hired as the Assistant to the Commission.
Approved, with Comm. Steen dissenting.
C. 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 – I have provided the Commission with updates on all the Bills we are tracking. Rep. Lois Kolkhorst has offered to carry the Bill in the House. In order to ensure that we have appropriate personnel monitoring Committee activities that affect DPS.  I have assigned specific divisions to be in the room for specific committee meetings.

Chairman Merritt, Public Safety Committee Chair, has agreed to allow Rep. Joe Driver to carry any bills that he was working on when he was the Chair of the Law Enforcement Committee (now the Public Safety Committee). Chairman Merritt will carry any other bills that may come forward.

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 Judy Brown – Drivers License Division – 1) Where 117 troopers to be re-assigned and I recommend that we leave them where they are at least through the transition. 2) Test and interview DL Sgts. Pre-qualify them for positions, but keep them in place until a civilian replacement is hired and trained.  This would give the DL Sergeants some lead time of knowing what their future will hold.

E. Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department 
Chief Valarie Fulmer – Chief of Administration – We have held several Committee Meetings and we will have many recommendations for your consideration very soon. We are putting together a pilot wellness and readiness testing and training program, and if that is successful, we would recommend that we allow a 6 month extension on the Aug. 31 deadline for action for candidates that participate in such a program.  March 6 is the next scheduled meeting of the committee.
VI. REPORTS
A. Commission member reports and discussion
None

B. Budget Matters
Chief of Finance – Oscar Ybarra – The LBB has accepted our budget proposal with very few reductions. The LBB has moved a significant amount of our funding into the General Revenue dedicated Fund 99.
We are looking at a $6,000,000 surplus for the year, which represents only 1% of our overall budget.  This is closer than we would like, but we feel are numbers are good.

C. Audit & Inspection Report
Farrell Walker – Division of Audit and Inspection – The THP3 region report, they are taking positive steps to improve the accident report errors.  THP3 is taking positive, pro-active steps in working with the Auditors.

D. Division status reports on activities and action taken
Chief Fulmer – Licensing and Regulatory – You have my submitted reports, and I will be happy to answer questions.

Comm. Barth asked about coastal area generators.

Lt. Col. Beckworth said that they are moving forward and have a goal of having the generators in place by hurricane season.

Drivers License – It will require 3 days to migrate the 26 million records to start the beta testing of the new system.  We can close the DL offices for those three days or try to migrate the data while still operational, which poses problems of integrating ongoing data collection.  There is a risk regarding public perception by shutting down for 3 days. Comm. Clowe suggested as much notice to allow the Legislature, other agencies, and the general public warning of the closure.

Welcome Chief Thomas Ruocco – Criminal Law Enforcement – In the first two or three weeks I’ve been on the job, I’ve had the opportunity sit in on two legislative committees, Border Security and Senate Finance.  I’d like to focus on collaborative efforts and cooperation between the divisions as well as outside agencies.  I would like to see Troopers, Texas Rangers, and the CLE working seamlessly.

Chief Collie – Emergency Management – We have four areas that we are currently working on: 1. Texas coastal region recovery work continues; 2. The drought & wildfire situation in Texas is becoming extreme, and we anticipate a tough summer; 3. Border Operations; and 4. Storm Season – we will begin training in March.

Chief David Baker – Texas Highway Patrol – you have my report. Chief Baker reported on specific incidents that were unusual in nature, one involving handguns concealed inside electronic components, and the other involving a significant amount of marijuana hidden inside a school bus.
We are moving forward on additional training to reduce errors on the 8 critical data fields of the crash reports.

There have been 5 studies (I have only found three) regarding the safety factor of 1 man per vehicle vs. two persons per vehicle. Chief Baker distributed the reports to the Commission.

Comm. Barth suggested starting a media program similar to “click it or ticket” based around the use of cell phones and particularly texting while operating a vehicle.

Chief Tony Leal – Texas Rangers Division – We investigated a Sheriff Dept. in the Montieg County, involving a brothel out of the jail, and we worked with the FBI out of Dallas, and over 100 charges have been filed

FLDS investigation in El Dorado we have had 12 men indicted on felony charges, and we worked closely with CLE.

Chief Brian Lane – IMS Division.  I’m encouraged by the Senate Finance Committee meeting this morning.  Both CLE and Texas Rangers are very demanding regarding their technology needs, and we stand ready to meet their requirements.

We are updating 93 critical servers with blade servers for $1.8 million which we have found and hope to finish that installation within two months.
E. Special report on strategic statewide and interagency coordination of law enforcement plans; i.e., “Chicago Plan” and other initiatives 
Col. Clark – With our intense dedication to Border Star, Sen. Shapley recommended implementing a plan based on the “RICO” statutes for transnational criminal activity.

Comm. Clowe thanked all for the cooperation of efforts.

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 on the Director’s action of discharging probationary employee Meryal Johnson (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:
Curtis C. Banks, Ross J. Cox, Sr., Lawrence Cuny, James M. Link, David B. Luedke, Homero A. Marines, Clayton B. Shuffield, Marshall L. Brown
C. Discussion and possible action on adoption of proposed rules
1. TRAFFIC SUPERVISION.  Proposed amendment to Rule 3.51, 37 TAC Sec. 3.51, regarding Traffic Supervision on Interstate Highways in Cities of 50,000 Population or less, as published in 33 TexReg 9938, December 5, 2008
2. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES.  Proposed amendments to Rule 4.37, 37 TAC Sec. 4.37, regarding Acceptance of Out-of-State Commercial Vehicle Inspection Certificate, as published in 33 TexReg 9939, December 5, 2008
3. SCHOOL BUS SAFETY STANDARDS
a. Proposed repeal of Rules 14.1 and 14.2, 37 TAC Secs. 14.1 and 14.2; and Proposed New Rule 14.1, 37 TAC Sec. 14.1, regarding school bus safety standards, as published in 33 TexReg 9940 and 9943, December 5, 2008
b. Proposed repeal of Rules 14.11-14.13, 37 TAC Secs. 14.11-14.13; and Proposed New Rules  14.11-14.13, 37 TAC Secs. 14.11-14.13, regarding school bus driver qualifications, as published in 33 TexReg 9940 and 9944, December 5, 2008
c. Proposed repeal of Rules 14.31-14.36, 37 TAC Secs. 14.31-14.36; and Proposed New Rules 14.31-14.36, 37 TAC Secs. 14.31-14.36, regarding school bus driver driver safety training program, a published in 33 TexReg 9941 and 9947, December 5, 2008
d. Proposed repeal of Rules 14.51-14.53, 37 TAC Secs. 14.51-14.53, and Proposed New Rules 14.51-14.54, 37 TAC Secs. 14.51-14.54, regarding school bus safety standards, as published in 33 TexReg 9942 and 9949, December 5, 2008
e. Proposed repeal of Rules 14.61-14.67, 37 TAC Secs. 14.61-14.67; and Proposed New Rules 14.61-14,65, 37 TAC Secs. 14.61-14.65, regarding advertising on school buses, as published in 33 TexReg 9943 and 9951, December 5, 2008
D. Discussion and possible action on proposed rules for publication:
1. SCHOOL BUS SAFETY STANDARDS.  Proposed new Rule 14.14, 37 TAC Sec. 14.14, regarding minimum driving record qualifications, and withdrawal of previously approved Proposed Rule 14.14, 37 TAC Sec. 14.14, as published in 33 TexReg 9943, December 5, 2008 (based on public comments received)
Comm. Steen wanted some assurance that these rules that are to be approved together have been vetted carefully.

Duncan Fox, Counsel – we did receive comments on some of these.

Commissioner Steen moved to approve these meetings, seconded by Comm. Barth.
Approved unanimously.

VIII. ITEMS FOR FUTURE AGENDAS
Comm. Barth – What has been done with the unused dollars from positions that have not been filled in the last five years. Sen. Ogden had raised the issue in the morning Senate Finance Committee meeting.
Comm. Steen – I would like to see more timely transcripts published regarding these meetings.
Comm. Steen would still like to have minutes (similar to TABC minutes).  Comm. Clowe said that they would review the sample minutes and be prepared to discuss at the next meeting.

IX. DATE FOR FUTURE MEETINGS
Thursday, March 12, 2009. (tentative, contingent on Commissioners’ schedule).

X. ADJOURN
Meeting adjourned 6:20 pm.

Public Safety Commission Meeting
Thursday, January 15, 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 – Call to order. In attendance: Chairman Alan Polunsky, Commissioners Tom Clowe, Ada Brown, and John Steen. Also present were Col. Stan Clark, and Lt. Col. Lamar Beckworth. Interim Counsel Duncan Fox.  A quorum is present. Commissioner Carin Barth was not in attendance.

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

Brian Hawthorne

DPS Officers Association President, Brian Hawthorne – Sgt. Hawthorne thanked the Commission for putting the officers and employees of DPS first on the exceptional items list.  The 2003 Legislature called for a commissioned officer salary survey, and Sgt. Hawthorne thank the Commission for their support in raising the DPS salaries to be more in line with other agencies throughout the state.  In addition to salaries, another issue that impacts DPS officers’ job satisfaction is the 20 mile residency policy. The DPSOA would ask for the Commission to support a 1 vehicle per trooper policy and include that request for funding in the LAR..  Other law enforcement agencies operate fine on a 30 mile policy, which we feel would allow our troopers to find suitable homes for their families.

 

Chair Polunsky – do you have any specific request related to the salary request.  Hawthorne -  I would like to wait to see where the Department ends up in their request before presenting a request to the Colonel.

Don Dixon – Texas State Troopers Association – TSTA and I would like to align myself with most of the DPSOA statement.  Our official policy is to allow any reasonable residency request within their patrol area. 
Schedule C, we are disappointed with the Comptrollers revenue estimate.  TSTA disagrees with the State Auditor’s Report in that we feel that Troopers should not be relegated to the median salary of state law enforcement agencies, but should be up at the top of the pay scale.  Officers’ pay affects everything else that is at issue.  We applaud the Commission for their efforts in addressing this #1 priority issue of the Department

III. NEW BUSINESS
A. Discharge appeal hearing and possible action regarding DPS Employee Jason Williams

Jason Williams will be represented by William Amons on behalf of C.L.E.A.T.
Counsel Atkins represented DPS.
Commissioner Brown motioned to affirm the Director’s recommendation, and Commissioner Clowe seconded.
Discharge is affirmed unanimously.

B. Discussion and possible action on recruit retention recommendations

3:45 (out of agenda order) Chief Valarie Fulmer – Chief of Administration – We have built a list of recommendations, which are not necessarily a package, but are recommendations that can stand alone on their own merits. These are in your packets for review. This is patterned after the South Carolina academy, which has been very successful.  Chair Polunsky asked the Committee members to come forward since, with all due respect to Chief Fulmer who hasn’t attended the academy, to hear their view of these philosophical changes to the Training Academy. There was discussion regarding the “ramping up” of the training, to allow an “ease-in” period for the recruit, but the Commission was assured that they will get to the full “heat” to ensure proper training and to cull out those who do not have what it takes. Comm. Brown was very concerned that this “ramping” will allow some less than “ready” recruits to hit the streets. Comm. Steen asked if the recruit qualifications are set high enough.  The response was that that is the responsibility of the recruiters, and the Academy works with the ones that they get.  Comm. Brown quested that the Academy doesn’t cull out the obvious recruits that won’t make the grade early enough. Chairman Polunsky did not like the answer that they take “less than ideal” recruits because the DPS would not get enough applicants if the bar was set any higher. The academy currently accepts candidates at 80% of physical readiness. Chair Polunsky and Chief Fulmer recommend that we move that bar up to 100%, just like the active troopers have to meet. Col. Clark warned care in passing premature judgment on who will make it and who won’t.  We currently have about 19% won’t make it all the way through.  There are 15 people assigned to the Training academy.  Comm. Steen asked why the Academy Trainers aren’t involved in the selection process.

Paula Logan – Human Resources -  addressed the 80% threshold when entering the Academy.  They aren’t expected to be at 100% on any of the other requirements, why should they require it for the physical standard. If we moved to 100%, we would severely limit the number of female recruits who would make it into the academy.  Chairman Polunsky feels that the standard for entry should be 100%.  Comm. Clowe felt that Ms. Logan had a valid point regarding female recruitment. Chairman Polunsky feels very strongly that the DPS should have the highest standards for their recruits.  This helps to ensure that when they have completed the Academy that we have no worries about those who are serving and protecting.  Comm. Clowe asked if the Commission could get a similar group together from recruiting to meet at the next PSC meeting.  Chair Polunsky agreed.

C. Discussion and possible action on options regarding headquarters security

5:50 (out of agenda sequence) Chief Valarie Fulmer – Chief of Administration – I will have a short term and a long term solution recommendation for consideration at the February meeting.
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 Director’s action of discharging employees as identified in this agenda; ongoing criminal investigations

Adjourn to Executive Session at 12:15.
Reconvene at 2:30 pm.

V. ONGOING BUSINESS
A. Reports, discussion, deliberation and possible action regarding the following:
1. Discussion and possible action concerning the organization structure study of the Department and procurement of a project manager to implement organizational changes

Col. Stan Clark – Following our workshop last week, I had additional discussion with Drew Bleckley of Deloitte and we have made progress, but still have a great deal of work still to do.

Comm. Clowe asked if there is any timeframe in place, and perhaps we could begin to outline one.  We are working closely with CornFerry (the contracted executive search firm) and they have been very responsive in helping us to find the right profile, job description and ultimately the right Director to help us in moving forward.  The closing date is postponed to January 28 for naming the committee to work with myself and Paula Logan in this selection process.  We hope to be able to come to the Board perhaps by the February meeting, and certainly by the March meeting, with these items.

Col. Clark agreed with Comm. Clowe, and noted his concern that the process is moving deep into the legislative session, and there is a great deal of concern as to how the DPS will fare in the budget.

Comm. Steen stated his concern regarding organizational restructuring the Department prior to naming a new Director (CEO so to speak). If everything goes right, when is the earliest that we could name a new Director?

Comm. Clowe responded that the earliest possible timeframe would be by the March meeting.

There was considerable discussion regarding the “cart before the horse” issue, but there was general consensus that the Commission does not want to lose momentum on moving forward with the organizational changes.

Col. Clark remarked that the Department is already moving forward and implementing changes recommended by the Sunset Commission and the Deloitte Study. Whoever the new Director ends up being, we will have already made significant progress towards the suggested improvements. Chairman Polunski accepted Col. Clark’s recommendation that we revisit this discussion at the February meeting with input from Deloitte’s Mr. Bleckley.

2. Internal audit services contract

Farrell Walker – Director of Audit and Inspections – The Audit RFQ has been completed and will be posted (perhaps next week) subject to the Governor’s office approval.

3. Executive search firm services for executive director and management positions

Discussed previously.

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

Michael Kelley – Legislative Liaison – Four items to present: Sunset Review – we are working with Ken Martin and Amy Trost at the Sunset Commission.  Key legislative dates: Tuesday, we got a new Speaker, Joe Straus of San Antonio, and expect by mid February the Committees will be named and chaired.  The speaker can even select his own committees (instead of a Law Enforcement Committee, he could go with a Public Safety Committee, as has been done in the past). In the Senate, Lt. Gov. Dewhurst will be making nominations.

Bills tracked and monitored by the Agency:  Every Friday at 9:00 am, we will have a meeting an get the updates to the Commission.  Sen. Ogden and Sen. Hager have offered to carry some of our bills.  Rep. Joe Driver is also happy to help carry our bills, but it is unknown whether he will be in a leadership position to help us.

C. Update report, discussion and possible action regarding the DPS Working Group on DPS promotional process

Lt. Col. Lamar Beckworth – There were seven specific recommendations.  Six of the seven can be implemented today.  The seventh item, $6,000 fee for moving expenses, will requires over $20 million in additional funding.  Because of the Comptrollers report and feedback from the Governor’s office, we would like to move forward with the initial six items, and continue looking for ways to fund the seventh item. 

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 Judy Brown – Drivers License Division – We have met with the Governor’s office twice.  Currently we have 117 troopers in the DL offices, if we reduce to one per location, it would drop it to 90, and we could perhaps reduce it down to 70 troopers.  Chair Polunsky asked for Comm. Clowe’s response.  Comm. Clowe asked for time to review additional information, and it will be revisited at the February meeting.

E. Discussion and possible action regarding the employment of an assistant for the Commission

Paula Logan – Human Resources – Chief Brown is reviewing the applicants and we will have more information at the February meeting.
F. Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department

Chief Valarie Fulmer – Chief of Administration – We have put together a Working Group including representatives from DPSOA and TSTA.  The first meeting is next Thursday, January 22, and I will have more to report after our first meeting.
G. Discussion and possible action on IT Optimization study

Interim Chief Brian Layne – Information Management Services –

VI. REPORTS
A. Commission member reports and discussion
B. Budget Matters
1. Discussion and possible action on Legislative Appropriations Request – Exceptional Item additions for FY 2010-2011

Chief of Finance – Oscar Ybarra – We have met with the Governor’s office and we have the Comptroller’s report.  All funds show about $167 billion and there are $152 billion needed.  So all things being the same, there should be adequate funding.  It was recommended that we scale back our exceptional items request as well as our base LAR.

January 8th, there was a meeting that recommended changes. The Commission was given spreadsheets ranking the exceptional items. The top 5 of the 13 items were:

1. Critical personnel needs – Commissioned officer compensation dropped to SAO level of $50 million for the biennium.  Mentioned the DPSOA proposal.  Col. Clark said that Brian Hawthorne called and said that the $106 million request might turn off the Legislative leadership based on his meetings with legislators and that DPSOA was satisfied with the SAO recommendation.  I haven’t discussed it with Mr. Dixon of TSTA. Chairman Polunsky is still a little hung up on dropping the request for additional compensation.
2. IT – reduced
3. Operating shortfalls
4. Restructure of Drivers License Div.
5. Border Security – were asking for 256 commissioned officers, and have dr

Col. Clark – This is not a bare bones request, but I’m not embarrassed at all to present this to the legislature and defend every item on the request.

Michael Kelley – Legislative Liaison – The legislature has typically moved forward with capital expenditures based on using bonds to pay for them.  The billion dollar ask is higher than the legislature will perceive it due to only having to partially fund the capital expenses in any given year, much of which is supported by bonds.

Comm. Steen moves that the exceptional items be accepted as prioritized.  Comm. Clowe seconds.
Comm. Clowe voiced his disappointment in dropping the commissioned officer compensation raise reduction.
After some discussion about not being able to move the figure up after this, the motion passes unanimously.
For the record, Chair Polunsky is disappointed and the Commission will address the compensation issue again in 2011, when hopefully the economy will be better.

C. Audit & Inspection Report

Farrell Walker – Division of Audit and Inspection – My report contains 3 completed audits and others that are works in progress.  Fraud Audit, the management is taking steps to rectify some issues. Comm. Steen suggested the formation of an Audit Committee.  Chair Polunsky said that they would discuss that.

D. Division status reports on activities and action taken

Chief Fulmer – Licensing and Regulatory – You have our report.

Chief Ortiz – Acting Chief of CLE – Report has been submitted. Verbally corrected some numbers in the report.

Chief Judy Brown – Drivers License Division – 30% reduction in traffic in office when internet option was made available.

Asst. Chief Lecklider – Emergency Management Division – Report is filed

Chief David Baker – Highway Patrol – You have the report. Relayed the story of the San Angelo shooting, and acknowledged the Communications officer that monitored the 800mHz San Angelo police band and relayed the information that made the stop possible.

At the request of Chair Polunsky, Chief Baker said that all the districts have standardized to the 20 mile residency requirement and our response time is just under 20 minutes.  $50.1 million in gasoline.

25 states have responded to our request regarding residency.  Chief Brown likes the Maryland model which has no residency requirement but have a 25 mile radius personal usage policy.  SD has a 10 mile.  VA is 50 miles.  California does not have take home vehicles for troopers.  His concern is the response time and the gasoline usage.20 mile rule was established in 1991. Comm. Steen asked where the push is coming from. Chair Polunsky replied that it comes mostly from the Associations and troopers in the field.

Col. Clark said that it doesn’t matter what number you set the restriction at, you will be petitioned for a 31 mile exception etc.  Col. Clark and Chief Baker are not opposed to changing the rule.  Col. Clark said the bigger issue is not having one car per trooper.  Comm. Steen asked the Chair to request a report from Col. Clark to address this specifically.

Chief Tony Leal – Texas Rangers – You have my report.  The 20 mile rule is Department wide rule, but I would like to see it not apply to the Rangers. Other Divisions may warrant exceptions as well…CLE, CVE, etc.  We named L.C. Wilson as a new Asst. Chief of Texas Rangers last week.  I’m enjoying my new position.

Chief Lane – IMS – Report is filed. Comm. Steen – when might we see more public friendly (visual aids) meetings.  I’ve been working with TABC and am looking at their model.  Perhaps by the next meeting.
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 on appointments of  Special Rangers and Special Texas Rangers pursuant to Government Code Chapter 411, Secs. 411.023 & 411.024:
Cyrus Daniels, Glenn Deason, Joel V. Garcia, Steven McKinney, Jerry B. Moore, Robert Slusser, Alan L. Spears, Don W. Anderson, Gerardo DeLosSantos, Ronald McBride

Comm. Steen, moved to approve. Seconded by Clowe.  Approved.
B. Discussion and possible action on adoption of proposed rules:
1. Proposed new Rule 27.111, 37 TAC Sec. 27.111, regarding Secure Electronic Mail, Electronic Transmissions and Facsimile Transmissions, as published in 33 TexReg 9068, November 7, 2008
2. Proposed new Rule 27.121, 37 TAC Sec. 27.121, regarding Sexual Assault Reporting, as published in 33 TexReg 9069, November 7, 2008

Comm. Clowe, moved to approve. Seconded by Steen.  Approved.
VIII. ITEMS FOR FUTURE AGENDAS

Comm. Brown – statistics on recruit school ramping.
IX. DATE FOR FUTURE MEETINGS

3rd Thursdays of each month.
X. ADJOURN

Chairman Polunsky adjourned the meeting at 6:23 pm.

Public Safety Commission Meeting Wednesday, December 17, 2008, 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 – 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. Interim Counsel Duncan Fox.  A quorum is present.
II. PUBLIC COMMENT  (members of the public wishing to address the Commission are subject to a time limit of 5 minutes)
John Chism, Irving, TX – Chair of the Private Security Board – Seven Member Board appointed by the Governor to oversee over 5,000 security businesses. I here to introduce our group and welcomed the new Commissioners.

Allen Trevenio, Austin, TX – Regional President of ASSIST. Welcome new members.  Owner of a security company in Austin, former DPS Trooper.  Representing ASSIST – trade organization with 175 owners and managers. 115,000 individual licenses. 1,129 cases investigated by DPS.  We ask DPS to continue to go after companies operating without a license (or with an expired license). Companies came in from out of state during Hurricane Ike, and some continue to operate without a valid license. Support improving computer systems.

Mike Samulin – San Antonio, TX – Texas Burglar & Fire Alarm Association – Appreciate all that the DPS does for our profession.

Kelly Riddle – TALI – Texas Association of Licensed Investigators, San Antonio, TX – Appreciate DPS oversight and would like to see more professional credentials similar to other states.

John Arnold – Texas Locksmith Association, Corinth, TX – Here to support the DPS Private Security Bureau oversight of our industry.  Several of our Board Members are present.  Represent about 650 companies and their employees. We would also endorse a more professional official credentials.

Max Simpson – ACLU, American Civil Liberties Union, Austin, TX – We would like to address the issue of drivers license checkpoints.  We feel that these infringe on the general law abiding citizens’ liberties.  They are intrusive and typically avoided by those who they are trying to catch.  We endorse expanding the access to driver’s licenses.  We would like to make it easier, less expensive and more accessible.

 Polanski – Response – DPS is not involved in immigration issues in any way, and have no intentions of becoming involved.

Louise Figeroa – Mexican Legislative Advocacy Group (not sure of the name), San Antonio, TX -  Appreciate your rescinding the DL checkpoints.  It will go a long way to put the Mexican-American community at ease.  We would like to be a resource.

Gary Chandler – Vice President, Texas Department of Public Safety Officers Association, Austin, TX – 27 years as a Trooper/Sergeant.  DPSOA has 3,652 Members and  2551 are active commissioned officers. Our Members elect our Board of Directors. Sgt. Chandler presented the highlights of the DPSOA Legislative Agenda (also attached) which covered the pay raise, 13th check for retirees, and gambling oversight. DPSOA pledges our support of the Department’s legislative agenda.

Chair Polunsky replied -  very interested in working with the DPSOA to improve benefits, equipment, and compensation for DPS troopers and to make this one of the finest law enforcement agencies in the world.

Edwin Palacio, Austin, TX – Citizen affected by the administrative rules for DLs by DPS. I am legally residing in the United States, but my Texas DL says that I have a temporary visitors status.
Comm.  Brown – questioned that his inconvenience applies to everyone who gets on a plane.
Mr. Palacio – it is more than an inconvenience issue.  We are discriminated against when dealing with retailers, bankers, and when applying for employment based on the “temporary” status of our Drivers’ License.
Donna Jackson, Mr. Palacio’s wife – thanked the Commission for listening to their issue.

Collett McCallick (sp?), Austin, TX – I would like to address DL check points.  This is an infringement on our civil liberties.

Chairman Polunsky – Explained the Private Security Bureau for the benefit of the two new Commission members. I believe that the department is functioning well, but I would still like to see improved communication.

III. NEW BUSINESS
A.   Discussion and possible action regarding the withdrawal of the Attorney General
Opinion concerning driver license checkpoints
Duncan Fox – Interim General Council – The PSC submitted a request for an opinion from the Attorney General on DL Checkpoints (3 specific issues).  Chair Polunsky said that they had previously discussed withdrawing the request to the AG, but it was determined that we should add it to this month’s agenda for a vote to rescind the request.
Motion by Comm. Brown, Second by Comm. Barth to rescind the request to the AG’s office for an opinion on DL checkpoints.
 Comm. Steen asked for more background as to why the original request was made.  Chair Polunsky said that it was never intended to be a prelude to implementing checkpoints.  There were no plans to implement checkpoints.  Counsel Duncan said that DPS has not utilized DL or sobriety checkpoints since 1994. Some local enforcement agencies do use checkpoints.
Comm. Steen –  coming from a background at TABC, I would like to see further discussion regarding sobriety checkpoints to help solve the damage done by DWIs.  I would support considering both DL & Sobriety checkpoints. I feel we can conduct these fairly and totally free from racial profiling.  I understand we have heard from several legislators including Rep. Ruth McClendon of San Antonio, who I respect, but who does not feel we are allowed to pursue an opinion.  I feel that we should at least get an opinion from the AG regarding this.
Vote 4-1, with Comm. Steen voting no.
B.   Discussion and possible action regarding transcription of Public Safety Commission meetings
Counsel Duncan Fox – There is no legal requirement to provide a court reporter transcript, but only recorded minutes. We have posted the transcriptions on our website, and the page received 1280 hits during a one week period over thanksgiving. Comm. Steen raised the issue at the last meeting, and feels that it is not convenient to the general public to wade through the entire dialogue.  I feel that a summary would be a more appropriate form.  I also feel that it has a of a chilling effect on the Commissions dialogue.
Motion by Comm. Steen to suspend the verbatim transcription of the PSC Meetings and replace it with Minutes.
No second on the motion.  Comm. Clowe commented that he is very respectful of Comm. Steen’s thoughts regarding this.  I was unaware that the first meeting I attended was being recorded, and I was surprised that the Minutes did not appear to be an accurate representation of what transpired during the meeting.  I often what I say and ask on the record. I want this Commission open to everyone and fully transparent.
Chair Polunsky – I agree with Comm. Clowe regarding the transparency and we may have to move to an even larger room to accommodate the attendees interested in our meetings.

C.   Discussion and possible action regarding review and reconsideration of physical readiness standards for commissioned officers of the Department
Chief Valarie Fulmer – I would like to set up a more formal review panel of stakeholders who are involved in the PRT.  Comm. Clowe said that he was impressed that 97% have passed the test as is.  Chief Fulmer said that she would like to look at the 3% that did not pass, and if there is anything that should be adjusted to address their issues or failings.  Comm. Clowe – that is what I am delighted to hear you say.  We need a standard of reasonableness to accommodate issues of age, physical disabilities (replaced knees, etc.).  Chair Polunsky agrees with Comm. Polunsky.  Chief Fulmer – we will proceed to form that panel. She also asked that DPSOA and TSTA be included on the panel.

D.   Discussion and review of pending contracts, commitments and change orders,
including the following: production of current Texas driver license and identification card and employee identification cards (emergency purchase)
Chief Oscar Ybarra (Finance Division) & Chief Judy Brown (Drivers License Division) – Estimated cost for producing these cards under this contract is $2.3 million more than other DLs.  Comm. Barth does not like “emergency contracts” and would like more detail as to the additional costs.  When do you anticipate the implementation of the new cards? Chief Brown – the target is sometime between April and June.

E.   Discussion and possible action on implementation of IT Optimization Study
Interim Chief Brian Layne – Information Management Services – Between now and August of next year we hope to have the IT issues implemented.  Comm. Barth – where are we on the disaster recovery?  Chief Layne, I would rather not discuss the details in a public forum, but we are not where we would like to be at this time.  I will be happy to provide details to the Commission privately. Comm. Clowe – I feel that we may have a timing and sequence issue by not having a permanent Chief hired. Chief Layne – I am moving forward as requested full speed, working with 213 dedicated professionals to have a plan in place.  I don’t see any future leadership abandoning this plan.  It should translate well to new leadership.
Lt. Col. Lamar Beckworth – it is very critical that we make some important decisions and keep moving forward. Comm. Clowe asked to pass on this item until it could be discussed further privately in executive session. Agreed.

After Break, Chief Layne – Comm. Barth asked Chief Layne to get with Chief Ybarra to identify the items and sources of funding for priority IT items.  Please have a report for our January 8th Commission Work Session.

F.   Discussion and possible action on RFQ for internal audit services
Farrell Walker – Director of Audit and Inspections. Comm. Barth moved to request an RFP for an internal audit contractor due to understaffing in the department.  Comm. Steen seconds.  Vote – Passed.  
V. ONGOING BUSINESS
A.  Reports, discussion, deliberation and possible action regarding the following:
1.  Discussion and possible action concerning the organization structure study of the Department and procurement of a project manager to implement organizational changes
Chief Paula Logan – Human Resources – The project management RFP has been prepared and sent to the Comptroller’s office and we hope to have that posted in February.  We are shooting for the middle of February. Comm. Steen asked if the Commission could contact the Comptroller’s Office to ask them to expedite the process.

2.  Internal audit and risk assessment services contract
Farrell Walker – Director of Audit and Inspections – All 10 projects have been completed, and 9 have been delivered to the Commission.

3.  Request for proposals for executive search firm services for executive director and management positions
Chief Paula Logan – Human Resources – Confirm the hiring of search firm to find a new director.
Charlie Ingersol – Washington, D.C. – will look in all sectors, including the military.  We hope to have a position description by mid-January.  By end of February, we hope to have a list of viable candidates for the Commission to narrow down for interviews.  Comm. Steen – How long would a search like this usually take without fast-tracking it? Mr. Ingersol – Ideally 90 – 120 days.  Chief Logan – The first flight of candidates will be somewhat long for the committee to review, so perhaps late February or early March, the list would be narrowed for the Commission to interview.  Probably the earliest that a vote could happen would be sometime mid to late March.  Comm. Clowe will be the search firm and Committee’s contact point on the Commission.

B.  Discussion and possible action regarding the ongoing Sunset Review
recommendations and other legislation affecting the Department and the Public Safety
Commission
Michael Kelley – Legislative Liaison –

Legislative Session – Mr. Kelley introduced several legislative aides that were present at the meeting and said that they are working closely with key legislators and staff for appropriate committees.  The Session begins Jan. 13 and goes for 140 days.  March 13th is the last day to file a bill.  June 30th is last day for the governor to veto bills.

Interim Committee Reports – Senate Transportation and Homeland Security and the House Transportation Committee.  We are getting reports and will distribute them when available.

Speaker race will affect our work.  We will need to be prepared to meet with any new leadership including key Committee Chairs. In Senate we have two new members who might affect their committees as well.

DPS Legislation – Sen. Carona in the Transportation and Homeland Security has agreed to carry all of our bills.

Sunset Review – they have completed their reviews and will not meet again before session.  Amy Troust and Ken Martin (Sunset staff) are here and are interested in the PSC’s adoptions of Deloitte’s recommendations.

Budget – DPS provided a requested budget, and they are now waiting for an updated LAR based on Deloitte recommendations with the understanding that they may move DPS out from Fund 6 and into General Revenues.  They are looking for the DPS priority list.  The Commission needs to be available when the Subcommittees meet in February.
Comm. Barth – Are you looking for a priority and budget estimate on the Deloitte recommendations today.
Mr. Kelley – We will need to provide this information very soon if we want them to be included into the budget.  The preliminary draft budget will be drafted in January, but we can perhaps get our additional items added in the Committee which will begin meeting in February.

Nominating process – All four Commissioners (other than Chairman Polunsky) need to be approved by the Legislature. Mr. Kelley offered to introduce the Commissioners to the members of the Nominating Committee. Sen. Jackson will work to get the nominations early in the session.  Col. Clark and I will put together a factual information sheet to address questions that you will likely be asked.

Mr. Kelley asked the Commission to be available when they can to appear before the Committees, as well as the Director.  Chair Polunsky acknowledged that this is going to be a watershed session for DPS and he and the rest of the Commission are fully prepared to be active participants.

Chair Polunsky – When does the legislature need our updated LAR reflecting our Deloitte Priorities? Comm. Clowe recommends that the Commission meet for a work session to help set the priorities as soon as possible.  Chair Polunsky suggested the first week in January.  January 8, 2009 was set for the Commission Work Session on updating the LAR and setting the priorities of the Deloitte recommendations. Mr. Kelley said that the draft budget would be prepared by then, but these changes could make it into the subcommittee meeting reports.

C.  Update report, discussion and possible action regarding the DPS Working Group on
DPS promotional process
Maj. Carey Matthews – Highway Patrol.  I have our recommendations in your packets. Maj. Matthews introduced his committee members present (including Sgt. Brian Hawthorne), and Chairman Polunsky thanked them for their hard work. Comm. Clowe – I’ve read the report, and it appears to be just what the Commission was looking for. Comm. Steen and Comm. Barth thanked Maj. Matthews for surveying the Troops and including their input in the report.  Great job.

D.  Update report, discussion and possible action on recommendations of the Vehicle
Inspection working group
Asst. Chief Bob Burroughs – Drivers License Division – Work measures and organizational structure was our charge. We recommend that the training take place in Austin. We determined that there is sufficient money within the budget to implement the recommendations. Lt. Col. Beckworth suggested 30 days to move some personnel around to facilitate implementation. Chair Polunsky asked Chief Burroughs to begin the implementation.

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 Judy Brown – Drivers License Division – 118 Troopers, 10 Sgts. and 3 Lts. to transfer to the Highway Patrol Division.  Use one DL Captain to supervise the transition. The customer services initiatives are listed in the report which involves $33 million for the first year, and $36 million for the second year above our current budget request.  If we raised the renewal fee for a DL by $6, from $24 to $30, that would cover our roughly $69 million dollar ask.

Chairman Polunsky – I just want to point out that even though the Sunset Commission just wrapped up their hearings within the last 24 hours, with the last three reports (Promotional Process, Vehicle Inspection, and DL Civilian Model),  it is apparent that this Commission is very far along in moving forward on their recommendations.

F.  Discussion and possible action regarding the employment of an assistant for the
Commission
Director Paula Logan – Comm. Clowe and Comm. Barth will oversee the search.

G.  Discussion and possible action regarding appointment of General Counsel
Moved and seconded that the Commission affirm the Chairman’s recommendation to the Interim Director to enter in to contract negotiations with Stewart Platt for the position of General Counsel.
Vote – motion passes.
VI. REPORTS
A. Commission member reports and discussion
No Reports

B.  Budget Matters
1.  Discussion and possible action on revisions to Exceptional Items list for FY 2010-
2011 Legislative Appropriations Request
B. Audit & Inspection Report
Farrell Walker – Division of Audit and Inspection – our reports are always within our required guidelines. Comm. Barth is not happy that 1 in 3 accident reports have errors.  Chief Baker – Highway Patrol – said that they have implemented training regarding the completion of these reports, and the onus falls on the Sergeants who review and file these reports. Be prepared to update the Commission on a monthly basis as to the progress of cleaning this issue up.  Colonel Clark and Chief Baker said that this is the HP Sergeant’s fault.

C. Division status reports on activities and action taken
Chief David Baker – Highway Patrol – Our Troopers do a great job intercepting illegal narcotics trafficking. We have recently intercepted cloned WallMart, TexDot, and telephone repair trucks carrying drugs.  I am also proud to report

Chair Polunsky – please be prepared to discuss the 25 mile rule (policy is 20 mile) at the next meeting
Chief Fulmer – Licensing and Regulatory – you have our report.  We are working on our report for the generator issue that Comm. Barth asked us about at a cost of approximately $1.6 million.  I believe that we have identified a source for those funds.
Chair Polunsky – be prepared to discuss perimeter security here at headquarters as well as the general look of the campus.  DPSOA and others have sent a letter pointing out the lax security at the headquarters complex.
Chief Brubaker – Chief of CLE – this will be Chief Brubaker’s last meeting before the PSC, after 32 years of service.  Commander Oberck? is also retiring.
Tony Leal – new chief of Texas Rangers – You have my report and am very impressed with the energy at this meeting.
Chief Colley – Emergency Management Division – our priority is on the recovery of the coast, and we have removed about 80% of the debris from the area.  Galveston has removed about 56%.  Gov. Perry has directed that TXDot remove the remainder of the debris regardless of federal funding. The Governor has also asked that we establish a temporary housing fund to handle these emergencies.  This is an addition to our exceptional items list.  I will be working hard to get overtime pay for exempt personnel and comp time expanded from 12 months to 18 months until lost, which are issues that I am passionate about and are consistent with the Colonel’s agenda.

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 advise and consent to the Director’s determination to discharge probationary employee Markus Ygnacio (Tx Gov Code 551.074)
B.  Discussion and possible action on appointments of and renewals of Special Rangers
and Special Texas Rangers pursuant to Government Code Chapter 411, Secs. 411.023
& 411.024
C.  Acknowledgement of the following donations to the Department as provided by Government Code Sec. 575.003 which requires formal acknowledgement of acceptance of the following donations:
1.  Nueces County’s donation of 3.241 acres of land in Nueces County on which DPS
can build a crime laboratory
D. Discussion regarding a possible donation by Colorado County to the Department of a radio tower for the purposes of enhancing communications
E.  Discussion and possible action on adoption of proposed rules:
1.  Proposed amendments to Rules 18.1 and 18.4, 37 TAC Secs. 18.1 and 18.4, regarding Driver Education, as published in 33 TexReg 8482, October 10, 2008
2.  Proposed repeal of Rule 35.143; proposed New Rule 35.143, relating to drug testing requirements for Commissioned Security Officers, as published in 33 TexReg 8893, October 31, 2008
Motion by Comm. Barth to approve all items. Second by Clowe. 
Vote. Motion passes.
VIII. ITEMS FOR FUTURE AGENDAS
Only those previously mentioned
IX. ADJOURN
Adjourn – 5:30 pm.

A study last year may lend some credence to the legend. In “Praying for Recession: The Business Cycle and Protestant Religiosity in the United States,” David Beckworth, an assistant professor of economics at Texas State University, looked at long-established trend lines showing the growth of evangelical congregations and the decline of mainline churches and found a more telling detail: During each recession cycle between 1968 and 2004, the rate of growth in evangelical churches jumped by 50 percent. By comparison, mainline Protestant churches continued their decline during recessions, though a bit more slowly.

Read the whole thing.

(1) Fannie and Freddie (the GSEs) gained market share beginning in the 1980s from the saving institutions (presumably from the Saving & Loan debacle fall out); (2) Fannie and Freddie lost market share beginning around 2002 to the asset-backed security issuers. As noted by the above observers, this latter point supports the notion that at least some of the problems at Fannie and Freddie emerged in response to their declining market share during the housing boom. In other words, what happened to Fannie and Freddie may have been a symptom rather than a cause of the housing boom-bust cycle.

I have mentioned this before, but it is worth repeating. There is no doubt that Fannie and Freddie have played a role in elevating home prices through the subsidization that followed from the implicit guarantee of their debt by the federal government and their growth over the years. However, their share of the market declined for the better part of this decade as private issuers expanded their presence within this market. It was the pyramid schemes of collateralized debt obligations (CDOs), CDOs comprised solely of CDOs (CDO-squared and subsequently CDO^n), regulatory forbearance (not solely de-regulation), the unbelievable assumptions regarding risk (see here, here, here, and here for a discussion of uncertainty) and credit default swaps, an irrational fear of deflation that caused the Federal Reserve to keep interest rates at historic lows for far too long, etc. that caused the current financial crisis.

And even easier to give yourself a “Law and Order Award” immediately afterwards.

According to Cherokee County District Attorney Elmer Beckworth, “juries pay attention to evidence and details.”

What about the evidence that has been fabricated or tampered decade after decade in Cherokee County, Texas, a la Troup Chief of Police Chester Kennedy?

Veteran police officer Chester Kennedy was in East Texas law enforcement for 12 years, while he stole pistols from the Troup city hall. How many similar search warrants, grand juries and drug seizures has Elmer Beckworth, Chester Kennedy, et al sign off on, during Kennedy’s 12 year tenure? In a town of 2000 in northern Cherokee County, it takes Smith County and federal agents to stop the blatant miscarriage of justice.

To stave off the stench of the corruption within his district, Todd Staples (R), Palestine

and District Attorney Elmer Beckworth co-wrote and sponsored the meaningless “Faye Harris Amendment” otherwise now known as Proposition 4. East Texas is not known for its champion of the 4th Amendment, rather its pulling the wool over the eyes of the populace.
This bill allows district attorneys to set the conditions and amount of bail, based on the nature of the accusation, without the messiness of waking up a district judge and having a hearing. Why not save the taxpayers some more money and just let Texas’ district attorneys try murder cases in their heads, and forego the ruse of having an untainted/unbiased jury? Out of 20,000 registered voters, only a handful have served on Cherokee County grand and petite juries in the last 20 years. Small case load.

From 2002 to 2004 there have been only 2 murders committed in Cherokee County, the Vandeer case and the Faye Harris case. Larger counties like Travis, Tarrant and Harris counties see hundreds of murder trials in their respective district courts. Cherokee County has one or two every 2 to 3 years. And these murder trials are exploited by the locals to make it seem like they were living in the homicide center of the universe, instead of a drug dealing pile of microscopic sh*t.

As in the Faye Harris case in 2003, her estranged husband Michael Harris was repeatedly arrested and placed on bond for threatening to kill his wife. Arrested repeatedly, though his initial bond for a pending felony arson trial (Harris allegedly burned down his ex-wife’s home) was never pulled by the Cherokee County district courts. Perhaps in hope that Harris would gun down his wife and the locals could again get their names in the paper for being ‘victim rights advocates.’ It’s easy to prove murder in the first degree when the continual pleas from Faye Harris to “lock up her soon to be ex-husband” were deliberately ignored and his bond not rescinded. Was it that Michael Harris was too valuable an asset to have arrested, being that he was seeking drug treatment at the Rusk State Hospital, under guard and escorted by the Cherokee County Sheriff Department? No reports of Michael Harris being a Confidential Informant for local law enforcement either. Habitual drug addicts face a revolving door sentencing process when they cop pleas with the district attorney’s office.
Notice Beckworth has to take the case to another grand jury to get drug informant Michael Harris to cop a plea.

Every 6th grader knows that if the conditions of bail are violated, as in Michael Harris re-arrested for harassing his wife REPEATEDLY, not to mention his drug charges, then he would have been locked up the first time FOR VIOLATING HIS BOND. Bond would have been denied after he was caught spitting on the sidewalk. Does this impress the misinformed?

Knowing that a potential murderer is repeatedly attacking your daughter does not a Christian make, Mrs. Bell.

Your daughter would be alive if the Cherokee County district attorney’s office was not more interested in keeping Michael Harris out of jail and on the streets of Jacksonville, than revoking his bail with one phone call to the district judge. Better to have a dead woman to champion, than a convicted drug addict not giving up his contacts to Cherokee County law enforcement. Maybe Michael Harris was one of bailiff Randal Thompson’s dealers.

Only a county that corrupt would produce a district attorney so arrogant as to tell the world that he alone, found a “flaw in the Texas Constitution.” With Proposition 4 still fresh in their East Texan minds, they have collectively butchered the Fourth Amendment. And they are eagerly waiting for the next Cherokee County homicide to grand stand on.