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BOC Minutes for January 30, 2018

Regular Meeting Minutes

  1. Call to Order
  2. Pledge of Allegiance
  3. Roll Call
  4. Welcome/Opening Remarks
  5. Introduction of Region I Wardens
  6. Introduction of Probation and Parole Services District Supervisors
  7. Approval of Board of Corrections Regular Meeting Minutes from November 28, 2017
  8. Director's Comments
  9. Approval of Title 61 § 130, Emergency Expenditures Exceeding $250,000
  10. Update on Operations
  11. Monthly Update on Inmate Population
  12. Monthly Update of FY 2018 Agency Budget
  13. Approval of FY 2017 Budgeted Average Daily Cost
  14. Quarterly Update of FY 2018 Oklahoma Correctional Industries Budget (July 1, 2017 - September 30, 2017)
  15. Quarterly Update of FY 2018 Agri-Services Budget (July 1,2017 – September 30, 2017)
  16. Committee Reports
  17. New Business
  18. Announcements
  19. Approval to Enter Executive Session
  20. Approval to Return from Executive Session
  21. Approval to Adjourn Meeting

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1. Call to Order  - Michael W. Roach, Chair

Chair Roach called the regular meeting of the Oklahoma Board of Corrections (BOC) to order at 1:01 PM on Tuesday, January 30, 2018, at the Howard McLeod Correctional Center (HMCC) in Atoka, Oklahoma.  

The meeting was preceded by advance notice of the date, time, and place, filed with the Oklahoma Secretary of State on November 14, 2017. An announcement was also given at least twenty-four (24) hours in advance by posting notice of the date, time, place, and agenda of the meeting at 4:21 PM on January 25, 2018, at the principal office of the Oklahoma Department of Corrections (ODOC), located at 3400 North Martin Luther King Avenue in Oklahoma City.

2. Pledge of Allegiance  - Kevin J. Gross, Member

Mr. Gross led all meeting attendees in reciting the Pledge of Allegiance to the United States Flag.

3. Roll Call  - Michael W. Roach, Chair

Chair Roach asked the clerk to call the roll:

Kevin Gross, Member Present
Todd Holder, Secretary Present
Gene Haynes, Member Present
Adam Luck, Member Absent
Frazier Henke, Vice-Chair Present
Michael Roach, Chair Present

Calling of the roll reflected a quorum was present.

4. Welcome/Opening Remarks - Tommy Sharp, Warden, Howard McLeod Correctional Center

Warden Sharp welcomed BOC members and meeting attendees to the facility. He provided inmate population information at HMCC as well as programs available to the inmate and other facility highlights. Warden Sharp noted Agri-Services has a large cattle operation at the facility. He also provided information on contraband interdiction efforts at HMCC and persecution in Atoka County has reduced the amount of contraband being found. Chair Roach thanked Warden Sharp for the hospitality and tour of the facility. There was no further discussion.

5. Introduction of Region I Wardens - Millicent Newton-Embry, Director, Region I

  • Michael J. Wade, Jim E. Hamilton Correctional Center
  • Kameron Harvanek, Mack Alford Correctional Center
  • Terry Royal, Oklahoma State Penitentiary
  • Jim Farris, Jess Dunn Correctional Center

Ms. Newton-Embry introduced the listed wardens to the BOC members, providing a brief summary of their backgrounds during each introduction. A copy of their biographies was included in the BOC Packet for January 30, 2018. There was no further discussion.

6. Introduction of Probation and Parole Services District Supervisors - Kevin Duckworth, Director, Probation and Parole Services

  • Anthony Rowell, Southeast District

Mr. Duckworth introduced Mr. Rowell to the BOC members, providing a brief summary of his background. A copy of his biography was included in the BOC Packet for January 30, 2018. There was no further discussion.

7. Approval of Board of Corrections Regular Meeting Minutes from November 28, 2017 - Michael W. Roach, Chair

Chair Roach stated the BOC had previously received the meeting minutes from November 28, 2017, for review and he would entertain a motion to approve. A copy of the meeting minutes was included in the BOC Packet for January 30, 2018.

Motion: Mr. Gross made a motion to approve the minutes and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes. 

The minutes were approved by majority vote. There was no further discussion.

8. Director’s Comments - Joe M. Allbaugh, Director

  • Purchase of 15-Passenger Vans
  • Enid Community Corrections Center Expansion
  • Crisis Negotiation Team Competition
  • Emergency Purchases   
    • To repair lift station, $19,723, at Kate Barnard Correctional Center
    • To repair water tower, $4,830, at Lexington Assessment and Reception Center

Director Allbaugh was unable to attend the meeting this date so Mr. Crow provided the following comments on his behalf: 

  • On November 30, 2017, Director Allbaugh was notified a lift station pump at the Kate Barnard Correctional Center (KBCC) had failed and there was only one backup pump. Should the remaining pump fail, ODOC would be at risk of illegal discharges of sewage water on ODOC premises as well as surrounding properties which would result in DEQ violations and fines. In accordance with Title 74, Director Allbaugh authorized an emergency declaration to repair the failed lift station pump at a final cost of $19,723.
  • On December 28, 2017, Director Allbaugh was notified of a major water leak from a 12” welded pipe at the Lexington Assessment and Reception Center water tower. In accordance with Title 74, Director Allbaugh authorized repairs to the tower at a final cost of $4,830.
  • ODOC recently purchased several 15-passenger vans to assist with transporting inmates who require ADA accommodations to medical appointments.
  • The purchase of lands and buildings in Enid closed on January 29, 2018, and will become part of the Enid Community Corrections Center. The land and buildings will expand program space for inmates as well as provide additional maintenance equipment storage at the facility.
  • The ODOC Crisis Negotiation Team (CNT) competed in January at the 28th Annual Competition and Seminar for Crisis Negotiations held at the School of Criminal Justice at the Texas State University in San Marcos. Every January, the school opens its doors to a number of Crisis and Hostage Negotiation teams from around the nation. The conference and seminar is a three-day event, consisting of a full day of classes which explore the latest issues faced by negotiators, as well as a two-day training component involving mock hostage situations. The goal is to provide realistic training in which the scenarios are experientially based. When working a mock hostage situation that is presented, a team's performance is evaluated by trained and experienced negotiators, which provides an opportunity to learn how other teams handle certain situations. Of the 28 teams competing, the ODOC CNT placed fifth in the nation against all teams from police departments, sheriffs and other correctional teams and placed first against other correctional teams.

There was no further discussion.

9. Approval of Title 61 § 130, Emergency Expenditures Exceeding $250,000 - Joe M. Allbaugh, Director

  • Repair of Water Tower at the Joseph Harp Correctional Center

“The chief administrative officer of a public agency with a governing body shall notify the governing body within ten (10) days of the declaration of an emergency if the governing body did not approve the emergency. The notification shall contain a statement of the reasons for the action, and shall be recorded in the official minutes of the governing body.”

Mr. Crow, on behalf of Director Allbaugh, requested approval by the BOC to repair the tower at Joseph Harp Correctional Center (JHCC). The repairs needed exceed the threshold of $250,000 authorized for approval by Director Allbaugh as set forth in Title 61 § 130.

Motion: Mr. Henke made a motion to approve the emergency expenditure to repair the JHCC water tower and Mr. Holder seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The emergency expenditure was approved by majority vote. There was no further discussion.

10. Update on Operations - Scott Crow, Chief of Operations

  • Oklahoma State Penitentiary Renovations
  • Internal Purchase Request Implementation
  • Construction, Maintenance and Technology Systems

Program Implementations

  • Active Shooter Planning and Training
  • Environmental Health and Safety Administration

Mr. Crow provided the following updates to the BOC:

  • At Oklahoma State Penitentiary, the former minimum-security unit, Talawanda Heights, was demolished and the facility is reviewing options for use of the area. In addition, the east housing unit food service area was also demolished to accommodate the new fencing being installed through that area. The project to convert Units D and E, which formerly housed mental health inmates, into medium-security beds is still in process.
  • Staff are currently implementing beta-testing of an internal purchasing process with pilot facilities in the Oklahoma City metro.
  • Mr. Ronnie Aldridge was appointed as the director of the newly-created Environmental Health and Safety Administration. Mr. Aldridge returned to ODOC after a 3.5-year venture as safety administrator with Avara Pharmaceutical Technologies Inc., in Norman, Oklahoma. He had previously held the position of safety coordinator for the ODOC Safety Administration unit from 2005-2014.
  • All ODOC staff are currently receiving active shooter planning and training.
  • Program systems were implemented to assist with project tracking in Construction and Maintenance, as well as Technology units. Programs include:   
    • An inventory control system was purchased and implemented to track all assets within the ODOC. Started the project with Administration and will roll out to all facilities/units within 18 months.
    • Full implementation of a preventative maintenance program.
    • Tracking of construction projects with the Smart Sheet program. This program allows them to enter projects, break each one into timelines, and track the project to completion.

BOC members inquired if preventative maintenance program will also track costs associated with projects and repairs. Mr. Crow responded in the affirmative, also detailing how the program would be used to identify all information related to maintenance priorities and projects and share across the state. There was no further discussion.

11. Monthly Update on Inmate Population - Laura Pitman, Ph.D., Director, Population, Programs, and Strategic Planning

Dr. Pitman provided the agency’s population update as of December 29, 2017. A copy of the update was included in the BOC Packet for January 30, 2018. There was no further discussion.

12. Monthly Update of FY 2018 Agency Budget - Ashlee Clemmons, Director, Business Services

Ms. Clemmons provided the agency’s FY 2018 budget update as of November 30, 2017, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for January 30, 2018. There was no further discussion.

13. Approval of FY 2017 Budgeted Average Daily Cost - Ashlee Clemmons, Director, Business Services

“The Department shall present to the Board of Corrections at its January meeting comparative data on budgeted daily cost versus actual daily cost, and, after appropriate review and analysis, the Board shall adopt as a final action of the Board an average daily cost per inmate by facility category for the immediately preceding fiscal year.” 57 O.S. § 561.1 ¶ E.

Ms. Clemmons requested approval by the BOC of the FY 2017 Budgeted Average Daily Cost. Chair Roach stated the BOC had previously received the information and he would entertain a motion to approve. A copy of the FY 2017 Budgeted Average Daily Cost worksheet was included in the BOC Packet for January 30, 2018. The BOC inquired why increases were noted in per diem costs with Ms. Clemmons responding costs had increased due to the higher-than expected number of construction and repair projects during the fiscal year.

Motion: Mr. Holder made a motion to approve the FY 2017 Budgeted Average Daily Cost and Mr. Haynes seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes. 

The FY 2017 Budgeted Average Daily Cost was approved by majority vote. There was no further discussion.

14. Quarterly Update of FY 2018 Oklahoma Correctional Industries Budget (July 1, 2017 – September 30, 2017) - Justin Farris, Director, Oklahoma Correctional Industries

Mr. Farris provided an update on the FY 2018 Oklahoma Correctional Industries Budget for the first quarter. A copy of the update was included in the BOC Packet for January 30, 2018. There was no further discussion.

15. Quarterly Update of FY 2018 Agri-Services Budget (July 1, 2017 – September 30, 2017) - Brad Bailey, Director, Agri-Services

Mr. Bailey provided an update on the FY 2018 Agri-Services Budget for the first quarter. A copy of the update was included in the BOC Packet for January 30, 2018. The BOC inquired how cost avoidance is calculated in the report with Mr. Bailey providing the response. There was no further discussion.

16. Committee Reports - Committee Chairs

Chair Roach asked the committee chairs for their reports.

  • Audit/Finance Committee
    The committee met on January 22, 2018, to discuss items presented to the BOC this date. There was nothing further to report.
  • Criminal Justice Reform Committee
    The committee met on January 29, 2018, to discuss criminal justice reform legislation and how the committee can assist the ODOC with legislation in the future. There was nothing further to report.
  • Public Policy/Public Affairs Committee
    The committee did not meet but Davidson provided updates on legislation to the Criminal Justice Reform Committee members. There was nothing further to report.
  • Population/Private Prisons Committee
    The committee met on January 16, 2018, to discuss items presented to the BOC this date. There was nothing further to report.
  • Executive Committee
    The committee met on January 16, 2018, to set the agenda for the meeting this date. The committee also discussed possibly forming an ad hoc committee to pursue construction of two new prisons. The committee decided the Executive Committee would absorb this responsibility instead of creating an ad hoc committee. There was nothing further to report.

17. New Business - Michael W. Roach, Chair

There was no new business to discuss.

18. Announcements - Michael W. Roach, Chair

There was no announcements.

19. Approval to Enter Executive Session - David Cincotta, General Counsel

Pursuant to 25 O.S. § 307.B.4. for confidential communications between a public body and its attorney concerning the pending investigations of the death of inmate Ynes Auero #265628 at the Oklahoma State Penitentiary (Case # IG 17-0123), the death of inmate Tycen Willett #511885 at the Oklahoma State Penitentiary (Case # IG 17- 0245), and the death of inmate Robert Sanders #427445 at the James Crabtree Correctional Center (Case # IG 17- 0251), and pending litigation of Engineered Systems & Energy Solutions, Inc., vs. Autry Technology Center, et al (Oklahoma County District Court case number CJ-2017-6627) and Board of County Commissioners of the County of Tulsa and Tulsa County Criminal Justice Authority vs. Oklahoma Department of Corrections, Joe M. Allbaugh, and State Board of Corrections (Oklahoma County District Court case number CV-2017-684) if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to conduct a pending investigation, litigation, or proceeding in the public interest.

Mr. Cincotta advised the item listed on the agenda would require adjournment to Executive Session for engaging in confidential communications between the BOC and its attorney. He recommended Chair Roach entertain a motion to adjourn. 

Motion: Mr. Henke made a motion to adjourn to Executive Session and Mr. Haynes seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The motion was approved and the BOC entered Executive Session at 1:52 PM.

20. Approval to Return from Executive Session - David Cincotta, General Counsel

The BOC returned to the meeting room at 2:44 PM and Mr. Cincotta advised the BOC of the approval needed to return from Executive Session.

Motion: Mr. Holder made a motion to return from Executive Session and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The return from Executive Session was approved and the meeting resumed at 2:44 PM.

21. Approval to Adjourn Meeting - Michael W. Roach, Chair

There being no further business to come before the BOC, Chair Roach requested a motion to adjourn the meeting.

Motion: Mr. Holder made a motion to adjourn the meeting and Mr. Haynes seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The adjournment was approved by majority vote and the meeting ended at 2:45 PM.

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