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BOC Minutes for June 26, 2018

Regular Meeting Minutes

  1. Call to Order
  2. Posting of Colors
  3. Pledge of Allegiance
  4. Roll Call
  5. Introduction of James Yates, Warden, Davis Correctional Facility
  6. Welcome
  7. Approval of Board of Corrections Meeting Minutes
  8. Director’s Comments
  9. Inmate/Offender Population Update
  10. FY 2018 ODOC Budget Update
  11. Approval of FY 2020 Capital Outlay Requests
  12. Discussion and approval of a private prison contract between the Oklahoma Department of Corrections and the GEO Group, Inc. for inmates housed at the Lawton Correctional Facility
  13. FY 2018 Oklahoma Correctional Industries Quarterly Budget Update (January 1, 2018 - March 31, 2018)
  14. FY 2018 Agri-Services Quarterly Budget Update (January 1, 2018 – March 31, 2018)
  15. FY 2018 Internal Financial Audit Quarterly Update (January 1, 2018 – March 31, 2018)
  16. Approval of Board of Corrections Policies and Procedures
  17. Legislative Update
  18. Recognition of Outstanding Accomplishment by David Moore, Fugitive Apprehension Agent
  19. Approval of Board of Corrections Resolution
  20. Committee Reports
  21. Election of Officers
  22. New Business
  23. Announcements
  24. Approval to Enter into Executive Session
  25. Announcements
  26. 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 1:01PM on Tuesday, June 26, 2018, at the Davis Correctional Facility in Holdenville, 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 2:48 PM on June 21,2018, at the principal office of the Oklahoma Department of Corrections (ODOC), located at 3400 North Martin Luther King Avenue in Oklahoma City.

2. Posting of Colors - ODOC Honor Guard

The Oklahoma Department of Corrections Honor Guard posted the colors at the request of Chair Roach.

3. Pledge of Allegiance - Todd Holder, Member 

Mr. Holder led the meeting attendees in reciting the pledge of allegiance to the United States Flag. 

4. Roll Call - Michael W. Roach, Chair 

Chair Roach asked the clerk to call the roll: 

Kevin J. Gross - Present
Adam Luck - Present
Gene Haynes - Present
Dianne Owens - Present
Frank X. Henke, IV - Present
Michael W. Roach - Present
John T. Holder - Absent

Calling of the roll reflected a quorum was present. 

5. Introduction of James Yates, Warden, Davis Correctional Facility - James Rudek, Community Corrections Manager, Region III

Mr. Rudek introduced Warden Yates to the BOC members and Director Allbaugh, providing the warden’s biographical information to the meeting attendees. A copy of his biography was included in the BOC Packet for June 26, 2018. There was no further discussion.

6. Welcome - James Yates, Warden, Davis Correctional Facility

Mr. Yates greet and welcomed the BOC members as well as other meeting attendees to the Davis Correctional Facility. He thanked the members for the opportunity to host the BOC meeting and expressed his appreciation to his staff for their hard work preparing for the meeting.

7. Approval of Board of Corrections Meeting Minutes - Michael W. Roach, Chair

  • Regular Meeting on April 24, 2018
  • Special Meeting on May 11, 2018

Chair Roach stated the BOC had previously received the regular meeting minutes from April 24, 2018, and the special meeting minutes from May 11, 2018, for review and he would entertain a motion to approve. A copy of the meeting minutes was included in the BOC Packet for June 26, 2018.

Motion: Mr. Henke made a motion to approve the minutes from both meetings and Mr. Luck seconded the motion. The results of the roll call for the regular meeting minutes from April 24, 2018, were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes. The results of the roll call for the special meeting minutes from May 11, 2018, were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – abstain; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes.

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

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

  • Citizens' Academy

Director Allbaugh noted the agency had, at one time, provided a Leadership Academy which allowed civilians, legislators, law enforcement, etc., to receive in-depth training about the Oklahoma Department of Corrections. The academy provided information about sentence administration, intake procedures, classification procedures, and also allowed attendees to take facility tours. He noted the Communications unit is currently preparing to begin a Citizen’s Academy which will provide the same information as in the Leadership Academy.

9. Inmate/Offender Population Update - Laura Pitman, Ph.D., Director, Population, Programs, and Strategic Planning

Dr. Pitman provided the agency’s population update as of May 31, 2018. A copy of the update was included in the BOC Packet for June 26, 2018. There was no further discussion.

10. FY 2018 ODOC Budget Update - Ashlee Clemmons, Director, Business Services

Ms. Clemmons provided the agency’s FY 2018 budget update as of April 30, 2018, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for June 26, 2018. There was no further discussion.

11. Approval of FY 2020 Capital Outlay Request - Ashlee Clemmons, Director, Business Services

Ms. Clemmons presented and requested approval from the BOC for the FY 2020 Capital Outlay Request. Staff noted that the items on the list were in addition to all of the items already approved under the bond the agency received. Discussion followed regarding the items already approved and those still needing to be added in future requests. 

There being no further discussion, Chair Roach stated the BOC had previously received the FY 2020 Capital Outlay Request for review and he would entertain a motion to approve. A copy of the Capital Outlay Request was included in the BOC Packet for June 26, 2018.

Motion: Mr. Henke made a motion to approve the FY 2020 Capital Outlay Request and Mr. Luck seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes.

The Capital Outlay Request was approved by majority vote. There was no further discussion.

12. Discussion and approval of a private prison contract between the Oklahoma Department of Corrections and the GEO Group, Inc. for inmates housed at the Lawton Correctional Facility - David Cincotta, General Counsel

Mr. Cincotta stated the BOC had previously received a copy of the contract in the BOC Packet for June 26, 2018. Discussion followed of changes in the contract. There being no further discussion, Chair Roach stated he would entertain a motion to approve. 

Motion: Mr. Haynes made a motion to approve the contract with the GEO Group, Inc., and Ms. Owens seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes ; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes.

The contract was approved by majority vote. There was no further discussion.

13. FY 2018 Oklahoma Correctional Industries Quarterly Budget Update (January 1, 2018 – March 31, 2018) - Justin Farris, Director, Oklahoma Correctional Industries

Mr. Farris provided the Oklahoma Correctional Industries FY 2018 quarterly budget update as of March 31, 2018, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for June 26, 2018. There was no further discussion.

14. FY 2018 Agri-Services Quarterly Budget Update (January 1, 2018 – March 31, 2018) - Brad Bailey, Director, Agri-Services

Mr. Bailey provided the Agri-Services FY 2018 quarterly budget update as of March 31, 2018, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for June 26, 2018. There was no further discussion.

15. FY 2018 Internal Financial Audit Quarterly Update (January 1, 2018 – March 31, 2018) - Patrick Donnelly, Auditor, Auditing and Compliance

Mr. Donnelly provided the quarterly FY 2018 Internal Financial Auditupdate as of March 31, 2018, explaining findings and corrective actions taken. A copy of the update was included in the BOC Packet for June 26, 2018. There was no further discussion.

16. Approval of Board of Corrections Policies and Procedures - Penny Lewis, Director, Auditing and Compliance

  • P-050100, Emergency Plans for the Oklahoma Department of Corrections
  • P-120100, Management of State Funds and Assets
  • P-150100, Physical Plant Standards and Long-Range Plant Development for Correctional Facilities

Ms. Lewis stated the BOC had previously received copies of the policies in the BOC Packet for June 26, 2018. Discussion followed of changes in the policies which were minimal and did not affect the intent or purpose of the policies. There being no further discussion, Chair Roach stated he would entertain a motion to approve.

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

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

17. Legislative Update - Marilyn Davidson, Legislative Liaison

Ms. Davidson provided an update on the legislative session and outcomes of bills of interest to or affecting the ODOC. There was no further discussion.

18. Recognition of Outstanding Accomplishment by David Moore, Fugitive Apprehension Agent - Johnny Blevins, Director, Fugitive Apprehensions and Investigations

Mr. Blevins provided information on the apprehension of a fugitive who escaped from the ODOC 34 years ago. Agent David Moore was recognized for outstanding accomplishment in his efforts tracking down and arresting the fugitive. There was no further discussion.

19. Approval of Board of Corrections Resolution - Debbie Moore, Coordinator, Honor Guard

  • Kevin Angel, Retirement from Oklahoma Department of Corrections Honor Guard

Ms. Moore introduced and provided biographical information on Mr. Angel’s participation and leadership of the ODOC Honor Guard. She then requested BOC approval of the resolution recognizing his achievements with and retirement from the ODOC Honor Guard. Chair Roach stated the BOC had previously received the resolution and he would entertain a motion to approve. A copy of the resolution honoring Mr. Angelwas included in the BOC Packet for June 26, 2018.

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

The resolution was approved by majority vote. Mr. Angel thanked the BOC and Director Allbaugh for the recognition. He expressed his appreciation for the members of the Honor Guard that had served with him throughout the years and thanked them for their dedication and commitment to the team. There was no further discussion.

20. Committee Reports - Committee Chairs

Chair Roach asked the committee chairs for their reports.

  • Audit/Finance Committee - Chair Frazier Henke, Members Todd Holder and Kevin Gross
    The committee met on June 25, 2018, to discuss the items presented for the meeting this date. There was no further discussion.
  • Criminal Justice Reform Committee - Chair Adam Luck, Members Gene Haynes and Dianne Owens
    The committee did not meet and there was nothing further to discuss.
  • Public Policy/Public Affairs Committee - Chair Gene Haynes, Members Frazier Henke and Dianne Owens
    The committee did not meet and there was nothing further to discuss.
  • Population/Private Prisons Committee - Chair Todd Holder, Members Michael Roach and Adam Luck
    The committee met on June 25, 2018, to discuss the items presented for the meeting this date. There was no further discussion.
  • Executive Committee - Chair Michael Roach, Members Frazier Henke and Kevin Gross
    The committee met on June 18, 2018, to set the agenda for the meeting this date. There was nothing further to report.

21. Election of Officers - Michael W. Roach, Chair

Chair Roach requested nominations for the positions of chair, vice chair and secretary of the BOC. Mr. Gross proposed Frazier Henke as chair, Todd Holder as vice chair, and Adam Luck as secretary. Hearing no other nominations, Chair Roach called for a motion to approve.

Motion: Mr. Grossmade a motion to approve the election of Mr. Henke as chair, Mr. Holder as vice chair and Mr. Luck as secretary. Mr. Roach seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes.

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

22. New Business - Michael W. Roach, Chair  

There was no new business to discuss.

23. Announcements - Michael W. Roach, Chair 

There were no announcements.

24. Approval to Enter into 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 investigation and litigation of the items listed below 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.

  • HCA Health Services of Oklahoma, Inc. d/b/a OU Medical Center v. John Whetsel, et al. (Oklahoma County District Court case number CJ-2013-2068)
  • Kenneth Ray Johnson, et al. v. Geo Group, Inc., et al. (Comanche County District Court case number CJ-2014-260 [consolidated with Oklahoma County District Court case number CJ-2015-3007] and Oklahoma appellate court case number SD-116098) 

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 Roach entertain a motion to enter into executive session.

Motion: Mr. Henke made a motion to enter into Executive Session and Mr. Luck seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Luck – yes; Ms. Owens – yes; Mr. Roach – yes.

By majority vote, the BOC entered into Executive Session at 1:59 PM.

25. Announcements - Michael W. Roach, Chair

The BOC resumed the meeting at 2:20 PM. There was nothing to discuss from Executive Session. There were no announcements.

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

The adjournment was approved by majority vote and the meeting ended at 2:20 PM

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