MINUTES OF ARKANSAS STATE POLICE COMMISSION MEETING June 15, 2009 The Arkansas State Police Commission met on Monday, June 15, 2009 at Arkansas Department of Correction Administrative Annex East, 2403 East Harding Street, Pine Bluff, Arkansas. Commission Chairman Childers called the meeting to order at 10:11 a.m. MEMBERS PRESENT: Commissioner Dr. Charisse Childers, Chairman Commissioner Dr. Lewis Shepherd, Vice-Chairman Commissioner Jane Christenson Commissioner Steve Smith Commissioner Woody Futrell Commissioner Wallace Fowler MEMBERS ABSENT: Commissioner John Allison, Secretary STATE POLICE PERSONNEL ATTENDING: Colonel Winford Phillips Major Ed Wolfe Major Cleve Barfield Kaye Beall Lieutenant Stan Witt Captain Henry LaMar Bill Sadler Emma French Captain Mike Fletcher Alisa Blackerby Trooper Huston Talley Trooper J. S. Irvin Carl Pifer, II Lieutenant Leonard Hogg Corporal Ken Whitmore Lieutenant Rick Dickinson Sandy Bledsoe Donna Humphries Lt. Colonel Tim K Nuckles Major Kathy Sparks Major Les Braunns Ken Stoll Lieutenant Barry Saffold Sergeant Scott Woodward Lieutenant Jim Howington Captain Lloyd Franklin Danita McCollum Corporal Michael Phillips Corporal Carl Dunn Sergeant Kim Fontaine Captain Nate Jackson Corporal Roger McLemore Lieutenant Ron Stayton Corporal Karen Clark Captain Tommy Cleveland Sergeant David Sims OTHERS PRESENT: Kevin Murphy, ADC Sheriff Jim Snyder Ray Hobbs, ADC OPENING PRAYER: Trooper Oscar Bullard opened the meeting with prayer. PLEDGE OF ALLEGIANCE: Captain Lloyd Franklin led the pledge of allegiance. NOTIFICATION OF MEDIA: The media was notified of this meeting on June 5, 2009.
June 15, 2009 Page 2 MINUTES: Commissioner Christenson made a motion to approve the minutes of the May 18, 2009 Arkansas State Police Commission meeting and Commissioner Fowler seconded the motion. The motion passed. Commission Chairman Childers asked that anyone from ADC please stand and be recognized, and she thanked them for providing a meeting site today. She recognized Mr. Ray Hobbs, Chief Deputy Director for the ADC and Kevin Murphy. She also recognized Sheriff Jim Snyder who is a retired ASP Trooper. Commission Chairman Childers asked Captain Franklin to introduce all the personnel from Troop E in attendance. Captain Franklin asked everyone from Troop E and Company B to stand and introduce them selves. Commission Chairman Childers advised those in attendance there would be a fish fry after the Commission meeting and a tour of the ADC facilities lasting about 45 minutes. AWARD PRESENTATION TO ADC: Colonel Phillips then presented an award in the form of a plaque to the Arkansas Department of Corrections for their assistance to the State Police and service to the citizens of Arkansas. Chief Deputy Director Hobbs expressed his appreciation for this award. OFFICIAL COMMENDATION: Captain Franklin gave the following overview of the incident for which Trooper Oscar Bullard was presented an Official Commendation. He stated Trooper Bullard is the Youth Minister at his church in Pine Bluff and presents quality activities for the youth of Pine Bluff. For the work he does outside his job as a State Trooper he brings such a great deal of positive feedback to our department, and for this reason he has been nominated for an Official Commendation. Colonel Phillips presented an Official Commendation to Trooper Oscar Bullard. TOWER SITE RESOLUTION: Ken Stoll presented a request for execution of a tower site resolution involving an increase on a Tower Site lease with Entergy. The original lease went back to 1991 and this request is for a 5-year extension for which we will receive $8,253 a year. Under the authority of Arkansas Code Annotated 12-8-305(11); the attached Lease between Entergy Arkansas, Incorporated; with regard to the lease of the Arkansas State Police communication system facility by Entergy has been reviewed and approved by the Arkansas State Police Commission. The Lease shall be deemed to be in effect upon its review by the Arkansas Legislative Council, as provided by Arkansas Code 12-8-306. This Lease shall be in effect for five years from January 21, 2009. The Director of the Department of Arkansas State Police is hereby authorized to execute and administer this Lease. Commissioner Fowler made a motion to approve this resolution, Commissioner Futrell seconded and the motion passed.
June 15, 2009 Page 3 WEAPONS RESOLUTIONS: Major Ed Wolfe presented the below resolutions for consideration by the ASP Commission. Captain Larry Robertson efficiently and effectively served the Arkansas State Police for a period of thirty-one years, seven months and three days; Captain Larry Robertson retires from this department June 30, 2009; Captain Larry Robertson has made formal request that his service weapon be retired with him and remain in his possession; 15, 2009, in accordance with Act 547 of 2003, awards him his Glock 45 caliber, Serial Number DNF240US, as a token of their esteem and appreciation for service devoted to the Arkansas State Police. Commissioner Futrell moved that the foregoing motion be approved; Commissioner Shepherd seconded and the motion carried. Captain Larry Robertson efficiently and effectively served the Arkansas State Police for a period of thirty-one years, seven months, and three days; Captain Larry Robertson retires from this department June 30, 2009; Captain Larry Robertson has made formal request that his shotgun be retired with him and remain in his possession; 15, 2009 in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 11-87 shotgun, Serial Number PC535710, that Captain Larry Robertson has carried be affixed at $100.00, and that Captain Larry Robertson be permitted to purchase the shotgun for his personal use. Commissioner Shepherd moved that the foregoing motion be approved; Commissioner Smith seconded and the motion carried. Corporal Richard Eads efficiently and effectively served the Arkansas State Police for a period of twenty-five years, and eight days;
June 15, 2009 Page 4 Corporal Richard Eads retires from this department June 30, 2009; Corporal Richard Eads has made formal request that his service weapon be retired with him and remain in his possession; 15, 2009, in accordance with Act 547 of 2003, awards him his Glock Model 21, Serial Number DNF388, as a token of their esteem and appreciation for service devoted to the Arkansas State Police. Commissioner Futrell moved that the foregoing motion be approved; Commissioner Christenson seconded and the motion carried. Corporal Richard Eads efficiently and effectively served the Arkansas State Police for a period of twenty-five years, and eight days; Corporal Richard Eads retires from this department June 30, 2009; Corporal Richard Eads has made formal request that his shotgun be retired with him and remain in his possession; 15, 2009 in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 870 shotgun, Serial Number A338802M, that Corporal Richard Eads has carried be affixed at $100.00, and that Corporal Richard Eads be permitted to purchase the shotgun for his personal use. Commissioner Shepherd moved that the foregoing motion be approved; Commissioner Smith seconded and the motion carried. Major Cleve Barfield presented the below resolutions for consideration by the ASP Commission. Captain Tommy Cleveland efficiently and effectively served the Arkansas State Police for a period of thirty-one years, ten months, and twenty-two days; Captain Tommy Cleveland retires from this department June 30, 2009;
June 15, 2009 Page 5 Captain Tommy Cleveland has made formal request that his service weapon be retired with him and remain in his possession; 15, 2009, in accordance with Act 547 of 2003, awards him his Glock Model 21, Serial Number DNF602, as a token of their esteem and appreciation for service devoted to the Arkansas State Police. Commissioner Christenson moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. Captain Tommy Cleveland efficiently and effectively served the Arkansas State Police for a period of thirty-one years, ten months, and twenty-two days; Captain Tommy Cleveland retires from this department June 30, 2009; Captain Tommy Cleveland has made formal request that his shotgun be retired with him and remain in his possession; 15, 2009 in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 870 shotgun, Serial Number D605967M, that Captain Tommy Cleveland has carried be affixed at $100.00, and that Captain Tommy Cleveland be permitted to purchase the shotgun for his personal use. Commissioner Christenson moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. Sergeant Bob Roten efficiently and effectively served the Arkansas State Police for a period of thirty-two years, eleven months, and eighteen days; Sergeant Bob Roten retires from this department June 30, 2009; Sergeant Bob Roten has made formal request that his service weapon be retired with him and remain in his possession; 15, 2009, in accordance with Act 547 of 2003, awards him his Glock Model 27, Serial Number HSE906, as a token of their esteem and appreciation for service devoted to the Arkansas State Police.
June 15, 2009 Page 6 Commissioner Christenson moved that the foregoing motion be approved; Commissioner Fowler seconded and the motion carried. Sergeant Bob Roten efficiently and effectively served the Arkansas State Police for a period of thirty-two years, eleven months, and eighteen days; Sergeant Bob Roten retires from this department June 30, 2009; Sergeant Bob Roten has made formal request that his shotgun be retired with him and remain in his possession; 15, 2009 in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 11-87 shotgun, Serial Number PC535477, that Sergeant Bob Roten has carried be affixed at $100.00, and that Sergeant Bob Roten be permitted to purchase the shotgun for his personal use. Commissioner Futrell moved that the foregoing motion be approved; Commissioner Christenson seconded and the motion carried. Corporal Stanley Phil Carter efficiently and effectively served the Arkansas State Police for a period of thirty-five years, nine months, and twenty-nine days; Corporal Stanley Phil Carter retires from this department June 30, 2009; Corporal Stanley Phil Carter has made formal request that his service weapon be retired with him and remain in his possession; 15, 2009, in accordance with Act 547 of 2003, awards him his Glock Model 27, Serial Number DAP763US, as a token of their esteem and appreciation for service devoted to the Arkansas State Police. Commissioner Fowler moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. Corporal Stanley Phil Carter efficiently and effectively served the Arkansas State Police for a period of thirty-five years, nine months, and twenty-nine days;
June 15, 2009 Page 7 Corporal Stanley Phil Carter retires from this department June 30, 2009; Corporal Stanley Phil Carter has made formal request that his shotgun be retired with him and remain in his possession; 15, 2009 in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 11-87 shotgun, Serial Number PC605505, that Corporal Stanley Phil Carter has carried be affixed at $100.00, and that Corporal Stanley Phil Carter be permitted to purchase the shotgun for his personal use. Commissioner Shepherd moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. NEW BUSINESS: Fiscal Report Presented by Ms. Emma French Ms. French presented an oral summary of the written report distributed to the Commission. Ms. French reported our expenditures should be about 92%, and we are okay in that area. We have completed our reporting to FEMA for the Mena tornado, and we expect to receive about $33,000 in reimbursement. We did pay Certificate Pay. We are wrapping up our year-end activities, so we are watching our revenue and expenditures every day. Commission Chairman Childers asked what our outlay of funds for the Mena tornado was, and Ms. French advised it was a little over $44,000, and we ll get 75% of our costs. Ms. French stated she will be going over the 2010 budget with the Commission in August. Commission Chairman Childers asked how the construction for Troop K was going, and Ms. French stated it is going well. Commission Chairman Childers asked for someone to give a report on the construction of Troop K. Captain Fletcher stated it is about 35% complete and they are real proud of it. He said he expected completion around December or January. Administrative Services Division Presented by Major Kathy Sparks Major Sparks presented an oral summary of the written report distributed to the Commission. She reported on the personnel transactions which showed 7 new hires, 3 of which were extra help positions, 1 rehire, 3 transfers which were all commissioned officers, 3 promotions/upgrades, and 3 resignations or terminations. Then we talked about some of the retirements, most of them will be effective June 30 th, but we did have 2 civilians who retired during the month of May. She then reported on the Health Plan and advised the cash flow referenced on the second page shows multiple aggregate claims for the month of May which are down $705,000. So our claims are down a little bit, but unfortunately our revenue was also down this month about $235,000. In the Training and Recruiting Section, we are processing for Recruit School to begin in August. We are looking at an August 23 rd start date. We do have a week leeway in there if everything doesn t go exactly like we have planned it.
June 15, 2009 Page 8 We could start the 30 th of August and they would still graduate before Christmas. We will be shortening the number of weeks for Troop School to 18 weeks. We are doing this by having an independent study by internet which will be done on the recruit s own time. Because we have a later start date than expected, we will probably bring the whole class back after the holidays, to do some of the required certification courses like radar and BAC, possibly some First Aid and CPR if we don t get that in before the holidays. Major Sparks reported they are processing applicants every day. She advised there were more than 200 polygraph exams. She reported there are several who just don t show up for that. We have 25 applicant interviews scheduled for today and tomorrow. These are the first interviews of applicants who have gone through the entire process including the background investigation and the background review. There are over 100 backgrounds out for investigation at this time. We have more to come, because as they pass their polygraph exam then their backgrounds can go out for investigation. Major Sparks advised the Preparatory Trooper Academy for 15 to 18 year olds began yesterday afternoon. We have 26 who showed up. We had one who did not show. Out of the 26, 7 are females this year. They were a little shell-shocked just as our trooper applicants are when they first come to Troop School, but they all seemed in good spirits. Major Sparks invited anyone who would like to attend to come to graduation on Friday at 1:00 p.m. She advised this is our fifth year for Preparatory Trooper Academy, and this year we had a female applicant who had attended the Preparatory Trooper Academy. Major Sparks thanked Sergeant Alex Finger and Corporal Alvernon Rogers for their efforts on this Preparatory Trooper Academy. She said she believes this may be one recruitment effort that we can actually measure as the recruiters keep in touch with the graduates. Commissioner Futrell asked the minimum age for the Preparatory Trooper Academy and if they can attend more than once. Major Sparks advised a high school student must be at least 15 years of age to be accepted into the Preparatory Trooper Academy and there have been graduates who have wanted to come back, but we have not allowed that so that others can be given an opportunity to participate. Commissioner Futrell asked how many we had the first year, and Major Sparks advised the first year they started 9 and graduated 8. Commissioner Shepherd asked what geographical area the applicants are from. She reported they are from all over the state, as far north as Mountain Home including other towns around Arkansas such as Danville, Arkadelphia, Mountain Home, Cabot, Maynard, Dewitt, Lakeside, and Hot Springs. Out of the 27 applicants there were 3 black males, 3 black females, 4 white females, 16 white males and 1 Hispanic male. Commission Chairman Childers asked on recruiting efforts, if those who had taken the Criminal Justice classes were high school graduates, and Major Sparks advised they were. Commission Chairman Childers asked if this was a good source for recruiting, and Major Sparks advised they usually have more interest from those taking Criminal Justice courses than just going to a Career Fair. They also have more one on one time with interested persons and are able to show videos and answer questions. Commissioner Futrell asked if there still is a time period applicants can stay on the list before starting the process over. Major Sparks advised it had been 12 months to stay on the eligibility list, but now if you have been in the process and the test is over a year old we have been requiring the applicant to be tested again. She advised the people who would have been in a January 2009 Troop School will remain in the process. Commission Chairman Childers asked Major Sparks and Colonel Phillips if there was any indication that funding would be available after July 1 for a Troop School. Colonel Phillips advised we have not yet received our funding, but we are optimistic and will start the process as soon as we are able.
June 15, 2009 Page 9 Commission Chairman Childers stated she appreciated Major Sparks, Lt. Colonel K Nuckles, and the Colonel working so diligently to make this troop school happen. She stated they are very excited about it and know how important it is to increase their numbers. Colonel Phillips recognized the work and extreme efforts Major Sparks has made to prepare for this troop school. Crimes Against Children Presented by Kaye Beall Ms. Beall reported for the month of May the Hotline received 4,659 calls which resulted in 3,039 reports. The Crimes Against Children Division and State Police took 591 of those 3,039. We had 60 investigators working in the month of May, so we had an average of 10 investigations per investigator for the month of May. We closed 591 reports from previous months, so they also closed about 10 per investigator. The investigations we get are worked closely with local law enforcement and with our own CID in some instances, because the reports we get are severe maltreatment reports which is sexual abuse, child deaths, and skull fractures. The Division of Children and Family Services handle priority two investigations which are the less serious such as neglect and bruises as well. Criminal Investigation Division Presented by Major Cleve Barfield Major Barfield presented an oral summary for the written report distributed to the Commission. He advised there are 91 people assigned to the Criminal Division. He reported during May, 161 felony cases and closed 129. Major Barfield advised the Criminal Investigation Division had been busy helping with the background checks for new applicants. He stated one background check took an average 40 working hours. Another of our major cases last month was working with Arkansas Department of Correction (ADC) to recapture the escapees from Cummins. He said several of his investigators worked nonstop for a week on this investigation following leads, developing information, doing interviews, setting up surveillance. We have also been working on getting the Fusion Center set up. Getting computers and software ready for use and completing our training. Major Barfield reported the ADC is one of the first agencies to send an analyst to the Fusion Center. Major Barfield advised last month the Arkansas State Police took delivery of a BEAR, which is an armored vehicle. It s the first one that law enforcement in the state has had access to. Major Barfield advised we are also working on an MOU with Texas Department of Safety through the Fusion Center on some direct access of driver s license pictures. In the past our analyst has had to contact an analyst in Texas via e-mail or other means, but this would give them direct access to the Texas DPS driver s license files which would speed up the process about 3 fold. Commission Chairman Childers asked Major Barfield when the Fusion Center would be fully operational, and he responded by stating it should be by either the end of this week or next week. The biggest thing is, is just getting computer software moved over. He stated everything is there, it s just a matter of physically moving in there and getting some software downloaded and our people will be ready to go. Colonel Phillips asked Colonel K Nuckles if he felt the same type access of driver s license information might be forthcoming from other surrounding states in the future. Colonel K Nuckles was then explaining the process Texas uses called Deconfliction Program which consists of one pipe all agencies go through to access the DL file, and whoever is accessing that DL file, it will notify the next agency of higher priority as to who else is looking at this person s photograph. So, therefore, you don t the Deconfliction of the FBI, the county or the city working a case on this person and no one knows who is looking
June 15, 2009 Page 10 at the file or working an investigation. This would be a relevant tool for the Criminal Investigation once we work out the MOU and try it in the Fusion Center and roll it out to the Interdiction Team. Commission Chairman Childers asked if Major Barfield can give statistics from the monthly report for 2009 and comparison of statistics from 2008. Highway Patrol Division Presented by Major Les Braunns and Major Ed Wolfe Major Braunns advised the state fatality count has gone down. Last year at this time it was at 261, and 2009 we are at 244. We ve just completed two major reporting periods, one of them being Memorial Day and a special event called Wakarusa with participation from Troops H, I, J, and L which were very successful. For Memorial Day we had inclement weather and still our statistics showed 9909 officer violator contacts for the 3-day period. The fatality count over the holiday was only 2 which is very good over that particular holiday season. Commissioner Shepherd asked about a million dollar plus seizure from a tractor-trailer on Interstate 30. Major Braunns responded by confirming that is correct and reporting interdiction efforts have been going very well. Commission Chairman Childers asked about the Troop A stop and seizure of 6.7 grams of red phosphate. Red phosphate is something used in methamphetamine. Fleet Report Presented by Lieutenant Stan Witt During the month of May ASP vehicles were driven a total of 1,251,000 miles, using in excess of 77,400 gallons of gas. The department has driven about 15,000,000 miles this year. Lt. Witt reported the Fleet cap is 850, and we have 838 vehicles in our fleet. We have 54 vehicles on order. We ordered 7 Impalas in March and 38 Dodge Chargers in April and 8 Dodge Avengers and 1 truck. He reported he had received a document from Chrysler regarding the Chargers which had been ordered stating they would send 2010 model cars instead of 2009 to be delivered by the end of September or early October. We have had no major issues with the Chargers and they are averaging about 16 mpg as opposed to the Crown Vic which is about 14 mpg. During the calendar year of 2008 we had 103 vehicles damaged either by accident or incident, and as of the end of May this year we ve had 56 that have been damaged. Historically we have anywhere between 95 and 110 a year, so we re running about average on that. Commission Chairman Childers asked Lt. Witt to go over the numbers of vehicles ordered again. He repeated that information for her. Commission Chairman Childers asked if we are retracting some of the vehicles that are over a certain number of miles and replacing those as we are getting ready for Troop School. Lt. Witt advised they will start trying to pull cars in around October for Troop School. Commission Chairman Childers asked how many cars are sitting on the lot right now, and Lt. Witt reported there are now about 43, 2008 vehicles which will be assigned to people in the field when their cars reach a certain mileage or if there is mechanical problems which are not feasible to repair. Commissioner Shepherd asked about the order for Crown Vics, and he stated these are the first ordered since 2006 and it will depend on Colonel Phillips as to whether any more Crown Vics are ordered.
June 15, 2009 Page 11 Commission Chairman Childers stated she was looking at the Vehicle Acquisition Funds from the Fiscal Report showing $734,000 for the 35 Dodge Chargers and then the $59,160 for the 3 Dodge Chargers. Lt. Witt advised there were two trucks which had been canceled which may have been in that funding. Commission Chairman Childers asked Ms. French how much had been budgeted for fuel for this fiscal year ending June 30. Ms. French advised we had budgeted fuel at $3.50 a gallon and we are paying different prices right now. It depends if they get bulk or buy it at the pump. Commission Chairman Childers asked if we are over on our fuel. Lt. Colonel K Nuckles advised that fuel had been budgeted at $4.75 for FY09 and $3.50 for FY10. Commissioner Futrell thanked Lt. Witt for all the information and for the job he does. EXECUTIVE SESSION: At 11:17 a.m. Commission Chairman Childers announced the Commission would retire into Executive Session to discuss personnel matters. The Open Session resumed at 12:25 p.m. Commission Chairman Childers stated no action was taken. Commission Chairman Childers recognized Sheriff Gerald Robinson, Sheriff of Jefferson County and thanked him for coming. Commission Chairman Childers thanked the Department of Corrections for providing a meeting place today and for the shirts and coffee mugs. NEXT MEETING: The next regular scheduled meeting of the Arkansas State Police Commission will be held on Tuesday, July 14, 2009 at 10:00 a.m. at Little Rock. There being no further business to come before this meeting Commissioner Fowler moved the meeting adjourn, the motion was seconded by Commissioner Smith and the meeting was adjourned at 12:30 p.m. Commission Chairman Commission Secretary