MONTGOMERY COUNTY BAIL BOND BOARD EDIE CONNELLY, PRESIDING OFFICER MINUTES THURSDAY, NOVEMBER 13, 2003

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1 MONTGOMERY COUNTY BAIL BOND BOARD EDIE CONNELLY, PRESIDING OFFICER MINUTES THURSDAY, NOVEMBER 13, 2003 A MEETING OF THE MONTGOMERY COUNTY BAIL BOND BOARD WAS CONVENED AT 2:43 PM (immediately following 12:00 pm Scheduled hearings) ON THURSDAY, NOVEMBER 13, 2003, IN THE COMMISSIONERS COURT ROOM OF THE MONTGOMERY COUNTY CENTRAL ADMINISTRATION BUILDING, 301 NORTH THOMPSON, CONROE, TEXAS. A. CALL TO ORDER Judge Edie Connelly, Presiding Officer, called the meeting to order at 2:43 p.m. B. ROLL CALL Members Present: Judge Edie Connelly, Presiding Officer, Justice of the Peace, Precinct Three Judge Kathleen Hamilton, 359 th District Court Martha Gustavsen, County Treasurer Cynthia Benson-Guenther, Licensed Sureties Representative Judge James Cates, City of Conroe Municipal Court Lt. Robert Green, Designee for Sheriff Cara Wood, Designee for District Attorney Darin Bailey, Designee for County Clerk Benton Baker, Defense Attorney s Representative Members Absent: Vanita Buchanan, County Judge s Designee Judge Mary Ann Turner, County Court at Law #4 Barbara Adamick, District Clerk Also Present: Robert Rosenquist, Assistant County Attorney, Legal Counsel Matthew Thomas, Board Administrator Presiding Officer Judge Edie Connelly declared a quorum present. Page 1 of 6

2 C. READ AND APPROVE MINUTES FOR MEETINGS HELD OCTOBER 3 rd AND OCTOBER 14 th, A motion to accept the minutes as presented was made by Martha Gustavsen and was seconded by Cynthia Benson-Guenther. Motion passed. D. TREASURER 1. Review and accept report Martha Gustavsen presented the Treasurer s monthly Collateral Report as follows: $2,736, Total Collateral $65, Texas Pool Funds (As of September 30, 2003) The County Treasurer s Collateral Report was reviewed and accepted. E. REPORT FROM THE ADMINISTRATOR Matthew Thomas gave report of the Monthly Report of Fees Collected. Matthew informed the board that he would be attending an eight hour bail bond training course sponsored by St. Edward s University and being held in Houston. Matthew provided a copy of the List of Licensed Sureties to the board, which was provided on November 6 th to the county jail and county courts. A copy of the list was also faxed to the Honorable D. L. Wilson. Matthew also included a copy of the Licensee Expiration Report. F. PRESIDING OFFICER: 1. Discuss recommendation of the Montgomery County Attorney, and if appropriate, take action on the following complaints: a. Status report on complaint investigation of James Slowey against Bob Gold of AAAA Better Way Bail Bonds. A motion was made by Cynthia Benson Guenther that no action be taken on the complaint, and the motion was seconded by Darin Bailey. The motion passed. b. Complaint of Ricardo Ibarra against Sheriff=s Department. A motion was made by Darin Bailey that no action be taken on the complaint since it was being handled by the Sheriff s Department and the motion was seconded by Lt. Robert Green. The motion passed. Page 2 of 6

3 c. Complaint of unknown concerned citizen against Les French of A- 1 Bail Bonds. A motion was made by Darin Bailey that no action be taken on the complaint and the motion was seconded by Judge James Cates. The motion passed. d. Complaint of Mike Smith against Les French of A-1 Bail Bonds. A motion was made by County Treasurer Martha Gustavsen that no action be taken on the complaint, and the motion was seconded by Lt. Robert Green. The motion passed. 2. Discuss and if appropriate approve changes to Local Rules as recommended by Local Rules Committee. Moved/deferred to the December board meeting. 3. Discuss and if appropriate recommend action on Bail Bond Board web site. A motion was made by Judge James Cates to have the Board Administrator Matthew Thomas investigate the feasibility of the Bail Bond Board having their own website, and the motion was seconded by Darin Bailey. The motion passed. 4. Discuss and if appropriate approve complaint procedure recommended by Judge Edie Connelly. Moved/deferred to the December board meeting. 5. Review and if appropriate approve request for release of collateral from Dale Coburn dba Professional Bail Bonds. Matthew Thomas recommended to the Board that the request be approved. A motion was made by Judge James Cates to approve the release of collateral, and the motion was seconded by Lt. Robert Green. The motion passed. 6. Review and if appropriate approve request for release of collateral from Safety National re Rose Trivino dba Rose s Bail Bonds. Matthew Thomas reported that there was an outstanding bond of $25,000 that was still pending and recommended that the request be moved/deferred to the December board meeting. Page 3 of 6

4 7. Review and if appropriate approve request for release of collateral from James R. Spradlin dba A-Rose Bonding Company. Matthew Thomas reported that there were outstanding bonds of $1,500 that were still pending and recommended that the request be move/deferred to the December board meeting. 8. Review and if appropriate approve request for pledge of additional property as collateral for Les French, and release of Certificate of Deposit in the amount of $5,000. Matthew Thomas recommended that the pledge of new collateral be accepted and that the release of the Certificate of Deposit be approved. A motion was made by Darin Bailey to accept the new collateral and release the Certificate of Deposit requested of $5,000, the motion was seconded by Cynthia Benson-Guenther. The motion passed. 9. Review and if appropriate approve request for pledge of additional property as collateral for Georgette Lucado, and release of Certificates of Deposits (2 CD s) totaling $12,000. Matthew Thomas recommended that the pledge of new collateral be accepted and that the release of the Certificate of Deposit be approved. A motion was made by Lt. Robert Green to accept the new collateral and release the Certificate of Deposit requested of $12,000, the motion was seconded by Judge James Cates. The motion passed. 10. Discuss and if appropriate take action on requests from Sureties. (a) Inquiry Request number 0011, regarding liability level of Les French dba A-1 Bail bonds. Robert Rosenquist reported to the board that based on his review of the facts, that there were no issues concerning Mr. French s available liability level. A motion was made by Cynthia Benson-Guenther that no action be taken, and the motion was seconded by Darin Bailey. The motion passed. (b) Inquiry Request number 0012, regarding jointly held CD s pledge for collateral. After significant discussion, a motion was made by Lt. Robert Green that no action be taken by the board because the decision was at the County Treasurer s discretion, and the motion was seconded by Darin Bailey. The motion passed. Page 4 of 6

5 B. SURETY REPRESENTATIVE C. OLD BUSINESS 1. Update on request by Matthew Thomas to Sheriff s Department to recommend changes to new Jail Bond System. Matthew Thomas reported that he had meet with Sheriff Guy Williams to discuss the changes he recommended to the board, and that Sheriff Williams agreed to the making the changes. 2. Update on request by Sureties to Sheriff=s Department or appropriate department, to allow bonding companies to present checks for payment of $15.00 posting fee. Matthew Thomas reported that he had met with Sheriff Williams to discuss the request and that Sheriff Williams opposed the request. 3. Update on recommended changes to local rules by Local Rules Committee. Matthew Thomas reported that the recommended changes had been submitted and that they will be addressed at the December board meeting. 4. Update on request by Sureties to be able to have I.D. badges for access to the Montgomery County Courthouse. Matthew Thomas reported that he had met with Sheriff Williams to discuss the request and that Sheriff Williams opposed the request. NEW BUSINESS 1. Request by Sureties to District Clerk for a list of Fail to Appears, so that they may comply with the 7-day time span to jail defendants before citation is issued. The County Clerk provides this list and updates it daily. It is almost impossible to find out this information before the 7-day period at this time. Darin Bailey commented that she thought that the report should still be available. The board recommended that Matthew Thomas submit an inquiry to the District Clerk to get a response. No Board Action. 2. Request of County Attorney in reference to discussion between Sureties, Judge Connelly, and Matthew Thomas concerning Pre-Trial Diversion as opposed to Probation or Deferred Adjudication. Page 5 of 6

6 H. ADJOURN 3. Request by sureties to County Clerk s Office in reference to presenting a letter of final disposition on out-of-county bonds in order to release the liability on their license. 4. Discuss problems incurred by sureties when filing an Affidavit of Surety to Surrender. 5. Request by Sureties to the D.A. s Office regarding the possibility of filing bond jumping charges on defendants who have failed to appear. 6. Discuss the possibility of an on-line system, such as the JIM s system in Harris County. Matthew Thomas reported that he had meet with Sheriff Williams, and that the new Sheriff s Jail System does have an on-line component, although it is not the same as the JIM system. 7. Discuss the ongoing problem of soliciting in the jail by phone, t-shirts, caps, etc. A motion to adjourn was made by Lt. Robert Green, and the motion was seconded by Judge James Cates. The meeting was adjourned at 3:36 PM. Page 6 of 6