MINUTES OF ARKANSAS STATE POLICE COMMISSION MEETING October 27, 2005 The Arkansas State Police Commission met on Thursday, October 27, 2005, at the Arkansas State Police Administrative Headquarters, #1 State Police Plaza Drive, Little Rock, Arkansas. The meeting was called to order by Commission Chairman Steve Smith at 10:13 a.m. MEMBERS PRESENT: Commissioner Steve Smith, Chairman Commissioner Roger Meek, Jr., Vice Chairman Commissioner Woody Futrell, Secretary Commissioner Warren Dupwe Commissioner Charisse Childers Commissioner John Allison Commissioner Dr. Lewis Shepherd STATE POLICE PERSONNEL ATTENDING: Colonel Steve Dozier Major Ed Wolfe Bill Sadler Captain Kathy Sparks Captain Cleve Barfield Sergeant Jerry Digman Karen Priddy Donna Humphries Corporal Stuart Woodward Sergeant John Bishop Corporal Hays McWhirter Captain Ray Coston Lieutenant Glenn Sligh Corporal Gerald McClung Sergeant Benny Cox Lieutenant Jim Johnston Sergeant Shawn Garner Lieutenant Keith Eremea Lieutenant Robert Felcher Emma French Pam Utley Janet Chappelle Captain Gloria Weakland Debbie Kirk Jeremy Carter Sergeant Mark Blankenship Lieutenant Henry LaMar Corporal Robert Wilson Corporal Scott Clark Carol Hum Kaye Beall Corporal Allen Earnhart Pat Patterson Bridget White Sergeant Jim Howington OTHERS PRESENT: Larry Crane, Asst. Attorney General Corey Eremea Retired Major Jim Tyler Bob Bracy, CoreSource Greg Hatcher, The Hatcher Agency Nikki Owen, The Hatcher Agency Kristin Moore, The Hatcher Agency OPENING PRAYER: Commissioner Lewis Shepherd opened the meeting with prayer. NOTIFICATION OF MEDIA: The media was notified of this meeting on October 17, 2005 MINUTES: Commissioner Dupwe moved to approve the minutes of the September 14, 2005 meeting. Commissioner Shepherd seconded and the motion carried.
October 27, 2005 Page 2 OLD BUSINESS: Promotional Certificates: Colonel Steve Dozier recognized Mrs. Corey Eremea, wife of Lieutenant Keith Eremea. Colonel Dozier presented a Promotional Certificate to Lieutenant Keith Eremea. Official Commendations: Lieutenant Glenn Sligh gave details for the actions leading to the Official Commendations for Sergeant John Bishop and Corporal Hays McWhirter. Lieutenant Sligh explained the extensive efforts put forth by Sergeant Bishop and Corporal McWhirter in investigating and solving a double homicide which happened in Miller County on February 16, 2005. Sergeant Bishop and Corporal McWhirter in three weeks each worked more than 247 hours without taking time off and by working a holiday in order to keep the trail hot. Sergeant Bishop and Corporal McWhirter assisted Miller County authorities in the examination of five crime scenes, preparation and execution of four search warrants and approximately 50 interviews which lead to the identification and arrest of five suspects. Their persistence and unselfishness yielded great results all while continuing to work four other homicides and several thefts, drug and white collar investigations. Official Commendations were presented by Colonel Steve Dozier. Lieutenant Glenn Sligh gave details for the actions leading to the nomination of Sergeant John Bishop for an Official Commendation. Lieutenant Sligh explained that on September 19, 2005 Sergeant John Bishop and he were returning to Company C offices from Nashville when radio traffic was broadcast about the First National Bank in Nashville, Arkansas being robbed at gunpoint by two masked black males. Sergeant Bishop headed back towards Nashville and observed a small tan vehicle traveling eastbound on US 278. While the vehicle did not fit the description of the radio broadcast, Sergeant Bishop had that feeling, from the way the vehicle was traveling, so he turned around to follow and noticed two heads popping up and down from the back seat looking back at him. Sergeant Bishop got the vehicle to stop and gathered information and began to check on the subjects. As Sergeant Bishop began to get the four suspects out of the vehicle and search them, rolls of $1 and $5 bills were found and their stories did not match so all were taken into custody. The two male suspects matched the physical description of suspects in a bank robbery which occurred on September 7, 2005 at the First National Bank in Lewisville, Arkansas. As the investigation continued all of the suspects admitted involvement in the Nashville bank robbery. In addition two of the suspects admitted committing a home invasion robbery in Hempstead County and the bank robbery in Lewisville. Lieutenant Glenn Sligh gave details for the actions leading to the nomination of Corporal Scott Clark for an Official Commendation. Lieutenant Glenn Sligh explained the Hope High School; a historic landmark built in 1931 was set on fire and burned on April 17, 2005. Corporal Scott Clark was the lead agent assigned, working with the Hope Police Departments, Hope Fire Department and the Hempstead County Sheriff s Department. Approximately 600 interviews were conducted and it became apparent early in the investigation that a person of interest had left Hope the day after the fire. Corporal Clark with assistance from the other departments continued to wade through volumes of leads all the while trying to locate this person of interest. On June 1, 2005 information from a cooperating individual leading to the location of the person of interest, who was arrested in Garland, Texas on
October 27, 2005 Page 3 unrelated charges. Corporal Clark, an investigator from Hope Police Department and an investigator with the Hempstead County Sheriff s Department drove to Garland, Texas and conducted a 3 hour long interview which turned out to be non-productive. The dedication, perseverance, and due diligence paid off when the suspect finally admitted to his involvement in this crime. Sergeant Benny Cox gave details of the actions leading to the nominations of Corporal Herbert Earnhart and Corporal Gerald McClung for Official Commendations. Sergeant Cox stated that a hit and run accident had resulted in a fatality on US 67 north of Corning as two gentlemen were bicycling southbound in the northbound traffic lane in the early morning of July 22, 2005. Although the physical evidence left at the scene was not consistent with the description of the suspect vehicle, a white semi, which was given by the surviving bicyclist, Corporal McClung visited surrounding truck stops and revisited the crime scene looking for any additional evidence. Sheriff Ronnie Cole furnished information to Corporal Earnhart of a possible witness to this hit and run. Corporal McClung and Corporal Earnhart interviewed the witness, a truck driver who was driving a white tractor trailer in the area and at the time of the accident. The information obtained from him was consistent with the evidence that had been gathered at the scene, pointing the investigation toward an older model flatbed truck. Corporals Earnhart and McClung traveled down County Road 148, the road the flatbed truck had turned onto the night of the accident, looking for any matching vehicles or information. They advised a local resident of the new information and the description of the suspect vehicle. This resident knew of the vehicle and directed them to the owner who after a short interview confessed to being responsible for the accident and was arrested. Captain Gloria Weakland gave details of the actions leading to the nomination of Sergeant Jimmy Howington for an Official Commendation. Captain Gloria Weakland explained that Sergeant Howington has been tasked with the responsibility and meritorious duty of selecting, assigning, overseeing, training, and performing the admirable, impressive duty of Honor Guard detail. The Honor Guard is a team that performs maneuvers in a flawless and perfect manner at funerals, civic, political, and other special events. Sergeant Howington s attention to detail, military background, time, and training with the Honor Guard is only one of the many tasks that he performs in addition to his regular duties as a Trooper and supervisor for Troop A. Weapon Resolutions Presented by Major Ed Wolfe R E S O L U T I O N Corporal Steven Shults efficiently and effectively served the Arkansas State Police for a period of seventeen years, two months and nineteen days; Corporal Steven Shults retired from this department September 30, 2005; His departure creates a vacancy that will be most difficult to fill, which is recognized by each and every member of the Arkansas State Police Commission;
October 27, 2005 Page 4 Corporal Steven Shults has made formal request that his service weapon be retired with him and remain in his possession; BE IT THEREFORE RESOLVED: The Arkansas State Police Commission, in its regular meeting at Arkansas State Police Headquarters in Little Rock, Arkansas, on Thursday, October 27, 2005, in accordance with Act 547 of 2003, awards him his Glock 45, Serial Number DNF398, as a token of their esteem and appreciation for service devoted to the Arkansas State Police. Commissioner Meek moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. R E S O L U T I O N Corporal Steven Shults efficiently and effectively served the Arkansas State Police for a period of seventeen years, two months and nineteen days; Corporal Steven Shults retired from this department September 30, 2005; His departure creates a vacancy that will be most difficult to fill, which is recognized by each and every member of the Arkansas State Police Commission; Corporal Steven Shults has made formal request that his shotgun be retired with him and remain in his possession; BE IT THEREFORE RESOLVED: The Arkansas State Police Commission, in its regular meeting at Arkansas State Police Headquarters in Little Rock, Arkansas, on Thursday, October 27, 2005, in accordance with Act 547 of 2003, determines the fair market value of the Remington Model 870 shotgun, Serial Number D591238M, that Corporal Steven Shults has carried be affixed at $210.00, and that Corporal Steven Shults be permitted to purchase the shotgun for his personal use. Commissioner Meek moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. R E S O L U T I O N TFC Daniel Sanderson efficiently and effectively served the Arkansas State Police for a period of seven years, one month and four days; TFC Daniel Sanderson retired from this department September 27, 2005; His departure creates a vacancy that will be most difficult to fill, which is recognized by each and every member of the Arkansas State Police Commission; TFC Daniel Sanderson has made formal request that his service weapon be retired with him and remain in his possession; BE IT THEREFORE RESOLVED: The Arkansas State Police Commission, in its regular meeting at Arkansas State Police Headquarters in Little Rock, Arkansas, on Thursday, October 27, 2005, in accordance with Act 547 of 2003, awards him his Glock 45, Serial Number DNF386, as a token of their esteem and appreciation for service devoted to the Arkansas State Police.
October 27, 2005 Page 5 Commissioner Allison moved that the foregoing motion be approved; Commissioner Futrell seconded and the motion carried. Fiscal Report Presented by Ms. Emma French Ms. French presented an oral summary of the written report distributed to the Commission. Ms. French stated the overtime figures look high due to the overtime spent for Katrina Assistance Relief Efforts (KARE) operations. Ms. French reported we will be reimbursed for this by FEMA. Ms. French explained in the first quarter one-half of the travel and training budget has already been spent, so we will have to be cautious concerning our spending in that area and in the month of September we spent an average of a little over $2.00 per gallon for gas. Our Act 1001 fees were up for the second month in a row. Ms. French stated Special Revenue is up mostly in the area of CDL Testing fees, and the purchase of land in Hot Springs for the new Troop K Headquarters has been completed. Commissioner Allison asked how the overtime is being paid, and Ms. French explained that we would pay it and submit the total amount for reimbursement by FEMA as established in the guidelines. Commissioner Meek asked what items are being reimbursed for our KARE activities. Ms. French reported, in addition to salary and overtime, reimbursement will also include items such as the unusually high phone bills and fuel costs incurred due to increased usage during the hurricane relief. Commissioner Dupwe wanted information on the division and expenditure of confiscated funds. Ms. French explained the money is transferred into the Motor Vehicle Acquisition Fund and used to buy vehicles or transferred into our general operating fund and used to pay sales tax on vehicles. Commissioner Dupwe asked if we had anyone looking out for our concerns in the division of these funds through the court. Colonel Dozier explained we notify appropriate agencies if we do not feel our share is appropriate in relation to the amount of work contributed to the particular case, and the amount received depends on whether the case is handled in state court or federal court. Highway Patrol Division Report Presented by Major Ed Wolfe Major Wolfe presented an oral summary of the written report distributed to the Commission. He advised arrests and activity numbers for September were still down due to the work done in the area of hurricane relief. Major Wolfe advised the number of fatality accidents is still down. Major Wolfe stated the Interstate Criminal Patrol which will begin the first of November will be headed by Lieutenant Keith Eremea who will be monitoring all funds confiscated by the Interstate Criminal Patrol. Criminal Investigation Division Report Presented by Captain Cleve Barfield Captain Barfield presented an oral summary of the written report distributed to the Commission. Captain Barfield explained the increase in overtime and the decrease in opened cases was due to the investigators being assigned other duties during KARE. Crimes Against Children Division Civilian Investigators Presented by Pam Utley Pam Utley presented an oral summary of the written report distributed to the Commission. Ms. Utley reported there had been an increase of calls, and she also reported Monday, October 24, 2005 had been a record breaking day with a total number of 174 reports being taken. Ms. Utley explained that as a result of Act 2000 a Task Force has been put in place with Co-Chairs Senator Madison and Senator Malone who are examining how Arkansas handles the issue of child abuse and neglect.
October 27, 2005 Page 6 Ms. Utley asked for input and recommendations from the Commission to be carried back to the Task Force Committee. Administrative Services Division Presented by Captain Kathy Sparks Captain Sparks presented an oral summary of the written report distributed to the Commission. Captain Sparks stated the reassignments showing on the report were the recruits who graduated the end of August and explained after they completed activities related to KARE, they reported to their respective troops for field training. Captain Sparks stated the 23 corporal upgrades on the reports are from the troop school in 1998. The recruiters have been extremely busy attending career fairs and community activities. Captain Sparks advised the next troop school is planned tentatively to begin January 29, 2006 and the latest possible date to begin in order to complete in FY 06 would be February 12, 2006. NEW BUSINESS: Chairman Smith announced under new business Greg Hatcher of The Hatcher Agency would provide a presentation. Greg Hatcher gave a brief explanation of the changes to the Benefit Plan which were implemented on January 1, 2005. Mr. Hatcher stated that claims have decreased by 9% this year in the first nine months and explained the plan had its first $1,000,000 claim for the year in September, with claims totaling $1,933,049 made by 17 claimants, 10 active employees and 7 retirees. Mr. Hatcher explained Specific Reinsurance as any specific claim going over $150,000, which will be paid by another insurance company, and he reported that due to the large claim our current carrier had fixed a 67% increase for our renewal, but a new carrier has been found, Symetra, which would only be a 15% increase. Mr. Hatcher reported the amount the dental/vision insurance is under-funded has been reduced from $218,687 to approximately $72,000 and he proposed an 8% increase beginning January 2006 to bring that amount to a fully funded state. Mr. Hatcher also recommended offering Long Term Disability Insurance which could be purchased by the employee for a low premium. Mr. Hatcher then went over a PowerPoint presentation which gave an overview of the changes that went into effect January 2005 and how the plan has been affected by these changes. The presentation also provided information on proposed changes coming up for 2006, and his plans are to travel to each Troop and make this presentation to all commissioned personnel throughout the state. After his presentation, Mr. Hatcher opened the floor for questions and discussion. Some of the items discussed were whether accumulated sick time could be used to pay for long term disability insurance, whether employees have been educated concerning the FlexPlan, Section 125 as it is offered now, and what kind of impact Medicare B will have on the retirees. Commissioner Futrell made a motion to increase the dental and vision premiums by 8% effective January 1, 2006, in order for these plans to fund themselves; Commissioner Shepherd seconded and the motion carried. Commissioner Meek made a motion to approve the payment of flu shots for members and their dependents of the ASP Health Plan for 2005; Commissioner Dupwe seconded and the motion carried.
October 27, 2005 Page 7 Commissioner Shepherd made a motion to approve the renewal rates submitted by CoreSource for the Plan for 2006; Commissioner Futrell seconded and the motion carried. Commissioner Meek made a motion to offer Long Term Disability Insurance to the employees at no cost to the employer; Commissioner Futrell seconded and the motion carried. At 12:15 p.m. Commission Chairman Smith asked for any other new business before the Commission, and then announced that the Commission would retire into a brief Executive session to discuss promotions. The Open Session resumed at 1:15 p.m. Upon resuming the open meeting, Commission Chairman Smith asked Colonel Dozier if he had any recommendations. Colonel Dozier stated that he had one recommendation for promotion for the Commission to consider. Colonel Dozier recommended the promotion of Sergeant Jackie Clark for the vacancy of Lieutenant in the Highway Patrol Division at Troop D in Forrest City. Commissioner Childers moved that Sergeant Jackie Clark be promoted to Lieutenant, Commissioner Meek seconded and the motion carried. NEXT MEETING: The next regularly scheduled meeting was set for Thursday, November 10, 2005 at 10:00 a.m. at the Arkansas State Police Administrative Headquarters, #1 State Police Plaza Drive, Little Rock, Arkansas. The meeting for December was scheduled for Friday, December 9, 2005 at 9:00 a.m. at the Arkansas State Police Administrative Headquarters, #1 State Police Plaza Drive, Little Rock, Arkansas. The appeal hearing for Jim Davis was scheduled for Friday, December 9, 2005 at 11:00 a.m. There being no further business to come before this meeting, the meeting was adjourned at 1:20 p.m. Commission Chairman Commission Secretary