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BOC Minutes for July 7, 2016

Regular Meeting

  1. Call to Order and Roll Call
  2. Welcome/Remarks
  3. Old Business
  4. Approval of Board of Corrections Meeting Minutes from Regular Meeting on June 2, 2016
  5. Approval of Board of Corrections Policies:
  6. Notification to Board of Corrections of Emergency Purchase Under $75,000
  7. Notification to Board of Corrections of Emergency Purchase Under $100,000
  8. Approval of Appointment of Tracy McCollum as Warden of the North Fork Correctional Center
  9. Monthly Update of FY 2016 Agency Budget
  10. Approval of FY 2017 Budget Work Program
  11. Approval of Resolution for National Pretrial, Probation and Parole Supervision Week (July 17-23, 2016)
  12. Monthly Update of Offender Population
  13. Approval to Amend and Renew Current Private Prison Contract
  14. Update on North Fork Correctional Center Transition
  15. Committee Reports
  16. Election of Officers
  17. New Business
  18. Announcements
  19. Approval to Adjourn for Executive Session for:
  20. Approval to Return from Executive Session
  21. Approval of Appointment and Salary of Director of Corrections
  22. Adjournment

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1. Call to Order and Roll Call - Kevin Gross, Chair

Chair Gross called the regular meeting of the Oklahoma Board of Corrections (BOC) to order at 1:05 p.m. on Thursday, July 7, 2016, at the North Fork Correctional Center (NFCC) in Sayre, Oklahoma. The final agenda was posted at 1:17 p.m. on Tuesday, July 5, 2016, at the Oklahoma Department of Corrections (ODOC), which is at least twenty-four hours prior to the commencement of the meeting.

Chair Gross asked the clerk to call the roll:

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

Calling of the roll reflected a quorum was present. (back to top)

2. Welcome/Remarks - Tracy McCollum, Warden, North Fork Correctional Center

Warden McCollum greeted and welcomed the BOC to the facility. Warden McCollum introduced and thanked Senator Darcy Jech, Senator Wayne Shaw, Representative Todd Russ and City of Sayre leaders, Gene Moses, Billie Cook, Jay Laxton, Mike Howard and Mayor Eddie Tom Lakey for attending the meeting. He provided information on staffing at the facility and introduction of inmates to the facility.

Chair Gross opened the floor to Mayor Lakey for remarks. Mayor Lakey expressed his appreciation to the BOC as well as the agency for selecting the NFCC for housing of inmates. (back to top)

3. Old Business - Kevin Gross, Chair

There was no old business to discuss. (back to top)

4. Approval of Board of Corrections Meeting Minutes from Regular Meeting on June 2, 2016 - Kevin Gross, Chair

Chair Gross stated the BOC had previously received the meeting minutes from June 2, 2016, for review and he would entertain a motion to approve. A copy of the meeting minutes is included in the BOC Packet for July 7, 2016.

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

The minutes were approved by majority vote and there was no further discussion. (back to top)

5. Approval of Board of Corrections Policies - Kevin Gross, Chair

  • P-020800, Guidelines for Research and Research-Related Activities
  • P-160100, Purpose and Function of Probation and Parole

Chair Gross stated the BOC had previously received the policies for review and he would entertain a motion to approve. A copy of the policies are included in the BOC Packet for July 7, 2016.

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

The policies were approved by majority vote and there was no further discussion. (back to top)

6. Notification to Board of Corrections of Emergency Purchase Under $75,000 - Joe M. Allbaugh, Interim Director

  • Purchase of Chiller for Oklahoma City Community Corrections Center

Interim Director Allbaugh notified the BOC of his authorization to purchase a new chiller in the amount of $10,089 for the Oklahoma City Community Corrections Center in accordance with 61 O.S. § 130.B, which states “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.”

There was no further discussion of this matter. (back to top)

7. Notification to Board of Corrections of Emergency Purchase Under $100,000 - Joe M. Allbaugh, Interim Director

  • Repair of Two Electrical Transformers at Lexington Assessment and Reception Center
  • Drinking Water, Cooling Water, Ice, Paper Plates, Paper Cups During Water Outage at Dick Conner Correctional Center

Interim Director Allbaugh notified the BOC of his authorization to repair two electrical transformers in the amount of $16,018.56 at the Lexington Assessment and Reception Center after a lightning storm caused damage to them.

Interim Director also notified the BOC of his authorization to purchase drinking water, cooling water, ice, and eating utensils in the amount of $49,656.70 at the Dick Conner Correctional Center after the facility experienced a water shortage due to a broken waterline which shut down all water flow into the prison.

These purchases were in accordance with 74 O.S. § 85.7.A.4. “Emergency acquisitions are defined by 580:16-1-2 as an acquisition made by the State Purchasing Director or a state agency without seeking competitive bids to relieve an unforeseen condition believed to place human life or safety in imminent danger or to threaten significant property interests with imminent destruction; or a condition certified by the governor as a serious environmental situation.”

There was no further discussion of this matter. (back to top)

8. Approval of Appointment of Tracy McCollum as Warden of the North Fork Correctional Center - Greg Williams, Division Manager, West Institutions

Mr. Williams presented career and background information on Warden McCollum before requesting approval from the BOC to appoint him as the first warden of the NFCC.

Motion: Mr. Roach made a motion to approve the appointment of McCollum as warden and Ms. Newburn seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Newburn – yes; Mr. Roach – yes.

The appointment was approved by majority vote. Interim Director Allbaugh noted that Warden McCollum had been instrumental in preparing his team and the facility for the move of inmates into the NFCC. He commended Warden McCollum and his staff for their hard work during the transition. (back to top)

9. Monthly Update of FY 2016 Agency Budget - Ashlee Clemmons, Chief Administrator, Business Services

Ms. Clemmons provided the agency’s budget update as of May 31, 2016. A copy of the update is included in the BOC Packet for July 7, 2016. (back to top)

10. Approval of FY 2017 Budget Work Program - Ashlee Clemmons, Chief Administrator, Business Services

Ms. Clemmons requested the approval of the FY 2017 Budget Work Program as presented to the BOC. A copy of the FY 2017 Budget Work Program is included in the BOC Packet for July 7, 2016. Mr. Henke noted the Audit/Finance Committee had met and endorsed the FY 2017 Budget Work Program to be presented to the full BOC for approval.

Motion: Mr. Henke made a motion to approve the FY 2017 Budget Work Program as presented and Mr. Holder seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Newburn – yes; Mr. Roach – yes.

The FY 2017 Budget Work Program was approved by majority vote. (back to top)

11. Approval of Resolution for National Pretrial, Probation and Parole Supervision Week (July 17-23, 2016) - Laura Pitman, Ph.D., Division Manager, Field Services

Dr. Pitman requested the approval of the resolution as presented this date to the BOC. Chair Gross stated the BOC had previously received a copy of the resolution for review and he would entertain a motion to approve. A copy of the resolution is included in the BOC Packet for July 7, 2016.

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

The resolution was approved by majority vote. (back to top)

12. Monthly Update of Offender Population - Laura Pitman, Ph.D., Division Manager, Field Support

Dr. Pitman provided the agency’s population update as of May 31, 2016. A copy of the update is included in the BOC Packet for July 7, 2016. Mr. Roach noted the Population/Private Prisons Committee met on July 6, 2016 to discuss the current inmate population as well as the transition of inmates to the North Fork Correctional Center. (back to top)

13. Approval to Amend and Renew Current Private Prison Contract  - David Cincotta, General Counsel

  •  Corrections Corporation of America (CCA) – Annual renewal of five-year contract

Mr. Cincotta presented an amendment and annual renewal of the CCA contract for the approval of the BOC. A copy of the contract is included in the BOC Packet for July 7, 2016.

Motion: Mr. Holder made a motion to approve the contract amendment and renewal as presented and Mr. Roach seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Newburn – yes; Mr. Roach – yes.

The contract was approved by majority vote. (back to top)

14. Update on North Fork Correctional Center Transition - Edward L. Evans, Associate Director, Field Operations

Mr. Evans provided the BOC with information regarding the transition of inmates to the NFCC and the Oklahoma State Reformatory. Beginning July 5, 2016, inmates began transferring from the Oklahoma State Reformatory (OSR) to the NFCC. By July 10, all inmates currently housed at the OSR will be moved to the NFCC. In addition, work centers are being closed and the inmates housed there will be moved to the OSR. Mr. Evans commended Warden McCollum and Mr. Williams for their hard work and commitment during the transition.(back to top)

15. Committee Reports - Committee Chairs

Chair Gross asked the committee chairs for their reports.

  • Audit/Finance Committee
    There was nothing further to report from this meeting. 
  • Female Offender Committee
    The committee did not meet this month. 
  • Public Policy/Public Affairs Committee
    The committee did not meet this month. 
  • Population/Private Prisons Committee
    There was nothing further to report from this meeting. 
  • Executive Committee
    The committee met on June 22, 2016 to set the agenda for the meeting this date. There was nothing further to report from this meeting. (back to top)

16. Election of Officers - Kevin Gross, Chair

Chair Gross stated the Executive Committee met and makes the following recommendations for FY2016 Officers: Michael Roach, Chair; Frazier Henke, Vice Chair; and Todd Holder, Secretary. Chair Gross asked for other nominations from the BOC members. Hearing none, he asked for a motion to approve the officers as noted.

Motion: Mr. Luck made a motion to approve the officers as recommended and Ms. Newburn seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Newburn – yes; Mr. Roach – yes.

Michael Roach, Frazier Henke and Todd Holder were approved by majority vote as Chair, Vice Chair and Secretary, respectively. (back to top)

17. New Business - Kevin Gross, Chair

There was no new business to discuss. (back to top)

18. Announcements - Kevin Gross, Chair

The BOC meeting location for September 1, 2016 will be at Jess Dunn Correctional Center. (back to top)

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

  •  Discussion of Pending Litigation
    Koch et al v. Juber et al, US District Court for the Western District of Oklahoma, case number 13-cv-00750-HE 
  • Discussion of Director of Corrections
    Appointment and Salary of Director of Corrections

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

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

The adjournment to Executive Session was approved by majority vote and the BOC adjourned at 1:41 p.m. (back to top)

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

The BOC returned to the meeting room at 2:57 p.m. Mr. Cincotta advised the BOC of the approval needed to return from Executive Session.

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

The return was approved by majority vote and the BOC resumed the meeting at 2:58 p.m. (back to top)

21. Approval of Appointment and Salary of Director of Corrections - David Cincotta, General Counsel

Chair Gross noted that Joe M. Allbaugh had been appointed as Interim Director in January 2016 and the BOC is in support of appointing him as the Director of Corrections effective immediately at a salary of $185,000 annually. Chair Gross asked for a motion to appoint Joe M. Allbaugh as the Director of Corrections.

Motion: Mr. Holder made a motion to appoint Joe M. Allbaugh as the Director of Corrections at a salary of $185,000 annually and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Newburn – yes; Mr. Roach – yes.

The appointment was approved by majority vote. Director Allbaugh thanked the BOC for their support during his tenure as the interim director and affirmation of his appointment as the director. (back to top)

22. Adjournment - Kevin Gross, Chair

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

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

The adjournment was approved by majority vote and the meeting ended at 3:03 p.m.(back to top)

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