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BOC Minutes for November 29, 2018

Regular Meeting Minutes

  1. Call to Order
  2. Pledge of Allegiance
  3. Roll Call
  4. Introduction of Casey Hamilton, Warden, Northeast Oklahoma Correctional Center
  5. Welcome
  6. Approval of Board of Corrections Regular Meeting Minutes for September 20, 2018 
  7. Inmate/Offender Population Update 
  8. FY 2019 ODOC Budget Update 
  9. Approval of FY 2020 Oklahoma Department of Corrections Budget Request 
  10. FY 2018 Oklahoma Correctional Industries Quarterly Budget Update (April 1, 2018 – June 30, 2018) 
  11. FY 2018 Agri-Services Quarterly Budget Update (April 1, 2018 – June 30, 2018) 
  12. Discussion and approval of the delegation of authority to Joe M. Allbaugh, Director, to purchase, for an amount not to exceed $2,500,000.00, real property located at 1903 Southeast 29th Street, Oklahoma City, Oklahoma, 73129, which is necessary or convenient to foster the prison industries program. The legal description of said real property is reportedly as follows: The East Half (E/2) of Lots One (1) and Four (4), in Block Thirty-one (31) and the West 100 feet of Lots Two (2) and Three (3), in Block Thirty-two (32), and the vacated Nebraska Street between Blocks Thirty-one (31) and Thirty-two (32), of Trospers Addition to Oklahoma City, Oklahoma County, Oklahoma 
  13. Approval of Board of Corrections Policies and Procedures
  14. Approval of CY 2019 Legislative Initiatives
  15. Committee Reports
  16. New Business
  17. Announcements
  18. Approval to Enter into Executive Session
  19. Approval to Return from Executive Session
  20. Approval to Adjourn Meeting

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1. Call to Order - Frank X. Henke, IV, Chair

Chair Henke called the regular meeting of the Oklahoma Board of Corrections (BOC) to order at 1:00 PM on Tuesday, October 30, 2018, at the Northeast Oklahoma Correctional Center (JBCC) in McAlester, 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 2:30 PM on Thursday, October 25, 2018, at the principal office of the Oklahoma Department of Corrections, located at 3400 North Martin Luther King Avenue in Oklahoma City, Oklahoma. An amended agenda was posted at 12:53 PM on October 30, 2018 at the principal office of the Oklahoma Department of Corrections, located at 3400 North Martin Luther King Avenue in Oklahoma City, Oklahoma.

2. Pledge of Allegiance - Adam Luck, Member

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

3. Roll Call - Frank X. Henke, IV, Chair

Chair Henke 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 - Absent
John T. Holder - Present 

Calling of the roll reflected a quorum was present.

4. Introduction of Casey Hamilton, Warden, Northeast Oklahoma Correctional Center - Millicent Newton-Embry, Director Region I

Ms. Newton-Embry introduced Mr. Breslin to the BOC members and Director Allbaugh, providing his biographical information to the meeting attendees. A copy of his biography was included in the BOC Packet for October 30, 2018. There was no further discussion

5. Welcome - Casey Hamilton, Warden, Northeast Oklahoma Correctional Center

Warden Hamilton greeted the BOC members and Director Allbaugh, welcoming them and other attendees to the facility. He provided information on the facility’s history as well as data on the current inmate population.

6. Approval of Board of Corrections Regular Meeting Minutes for September 20, 2018 - Frank X. Henke, IV, Chair

Chair Henke stated the BOC had previously received the regular meeting minutes from September 20, 2018, and he would entertain a motion to approve. A copy of the meeting minutes was included in the BOC Packet for October 30, 2018.

Motion: Mr. Holder made a motion to approve the minutes 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. Luck – abstain; Ms. Owens – yes.   

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

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

Dr. Pitman provided the agency’s population update as of September 28, 2018. A copy of the update was included in the BOC Packet for October 30, 2018. BOC members inquired if number of secure versus unsecure beds was changing to which Dr. Pitman replied no. There was no further discussion.

8. FY 2019 ODOC Budget Update - Ashlee Clemmons, Director, Business Services

Ms. Clemmons provided the agency’s FY 2019 budget update as of August 31, 2018. According to Ms. Clemmons, significant increases between July and August reflect bills/invoices from July being received in August for payment. A copy of the update was included in the BOC Packet for October 30, 2018. There was no further discussion.

9. Approval of FY 2020 Oklahoma Department of Corrections Budget Request - Ashlee Clemmons, Director, Business Services

Ms. Clemmons presented for BOC approval the FY 2020 Budget Request, noting justification for each of the priority items. Chair Henke stated the BOC had previously received a copy of the budget request and he would entertain a motion to approve. A copy of the budget request was included in the BOC Packet for October 30, 2018.

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

The budget request was approved by majority vote. There was no further discussion. 

10. FY 2018 Oklahoma Correctional Industries Quarterly Budget Update (April 1, 2018 – June 30, 2018) - Justin Farris, Director, Oklahoma Correctional Industries 

Mr. Farris provided the FY 2018 Oklahoma Correctional Industries quarterly budget update as of June 30, 2018, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for October 30, 2018. There was no further discussion

11. FY 2018 Agri-Services Quarterly Budget Update (April 1, 2018 – June 30, 2018) - Brad Bailey, Director, Agri-Services

Mr. Bailey provided the FY 2018 Agri-Services quarterly budget update as of June 30, 2018, explaining increases and decreases over the fiscal year. A copy of the update was included in the BOC Packet for October 30, 2018. There was no further discussion.

12. Discussion and approval of the delegation of authority to Joe M. Allbaugh, Director, to purchase, for an amount not to exceed $2,500,000.00, real property located at 1903 Southeast 29th Street, Oklahoma City, Oklahoma, 73129, which is necessary or convenient to foster the prison industries program. The legal description of said real property is reportedly as follows: The East Half (E/2) of Lots One (1) and Four (4), in Block Thirty-one (31) and the West 100 feet of Lots Two (2) and Three (3), in Block Thirty-two (32), and the vacated Nebraska Street between Blocks Thirty-one (31) and Thirty-two (32), of Trospers Addition to Oklahoma City, Oklahoma County, Oklahoma - Joe M. Allbaugh, Director 

Director Allbaugh presented and requested approval to purchase a warehouse-type facility to house the Oklahoma Correctional Industries and Agri-Services units. He noted the property will allow the two units to have a centralized location for shipping and receiving their products as well as allow for more efficient inventory management.

Motion: Mr. Holder made a motion to approve Director Allbaugh the authority to purchase price the real property described above, and Ms. Owens seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Owens – yes.

The purchase authority for Director Allbaugh was approved by majority vote. There was no further discussion.

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

  • P-110100, Uniform Personnel Standards

Ms. Lewis presented and requested approval from the BOC for the policy as presented this date. The policy contained minor wording changes that did not affect the intent of the policy. Chair Henke stated the BOC had previously received the recommended policy revisions for review and he would entertain a motion to approve. A copy of the final version of the policy was included in the BOC Packet for October 30, 2018.

Motion: Mr. Holder made a motion to approve the policy 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. Luck – yes; Ms. Owens – yes.

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

14. Approval of CY 2019 Legislative Initiatives - Marilyn Davidson, Legislative Liaison

Ms. Davidson presented and requested approval from the BOC for the CY 2019 legislative initiatives. Chair Henke stated the BOC had previously received the recommended initiatives for review and he would entertain a motion to approve. A copy of the proposed initiatives was included in the BOC Packet for October 30, 2018.

Mr. Haynes noted the Public Policy/Affairs Committee had met twice to review and discuss the initiatives presented this date. He stated the committee supported these initiatives for approval by the BOC.

Motion: Mr. Haynes made a motion to approve the CY 2019 Legislative Initiatives and Mr. Luck seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Owens – yes.

The initiatives were approved by majority vote. Mr. Luck announced that Ms. Davidson would be leaving the ODOC and thanked her for the assistance she had provided as the legislative liaison over the last couple of years. There was no further discussion.

15. Committee Reports - Committee Chairs

  • Audit/Finance – Chair Todd Holder, Members Kevin Gross and Frazier Henke
    The committee met on October 29, 2018, to discuss the items presented for the meeting this date. There was no further discussion
  • Criminal Justice Reform – Chair Adam Luck, Members Gene Haynes and Dianne Owens
    The committee did not meet; there was nothing further to discuss.
  • Public Policy/Affairs – Chair Gene Haynes, Members Kevin Gross and Dianne Owens
    The committee met on October 8, 2018 to discuss the proposed legislative package for CY 2019. There was no further discussion. 
  • Population/Private Prisons – Chair Michael Roach, Members Todd Holder and Adam Luck
    The committee met on October 29, 2018, to discuss the items presented for the meeting this date. There was no further discussion.
  • Executive – Chair Frazier Henke, Members Todd Holder and Michael Roach
    The committee met on October 9, 2018, to review and set the agenda for the meeting this date. There was nothing further to report. 

16. New Business - Frank X. Henke, IV, Chair

The members inquired about the bond issue with Director Allbaugh noting it closed on October 8, 2018. He noted the agency will meet with staff from the Office of Management and Enterprise Services on November 1, 2018, to discuss the bond. There was no further discussion.

17. Announcements - Frank X. Henke, IV, Chair

There were no announcements.

18. 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.

  • Death of inmate Bobby Bailey #152203 at the Oklahoma State Penitentiary on September 17, 2018 (case number IG 18-0175)
  • Death of Andre Lester #233150 at the North Fork Correctional Center on September 24, 2018 (case number IG 18-0181)

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 Henke entertain a motion to enter into executive session.

Motion: Mr. Haynes made a motion to enter into Executive Session 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. Luck – yes; Ms. Owens – yes.

By majority vote, the BOC entered into Executive Session at 1:40 PM.

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

The BOC returned to the meeting room at 1:53 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. Gross seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Luck – yes; Ms. Owens – yes.

The return from Executive Session was approved by majority vote and the meeting resumed at 1:53 PM.

20. Approval to Adjourn Meeting - Frank X. Henke, IV, Chair

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

Motion: Mr. Gross made a motion adjourn the meeting 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. Luck – yes; Ms. Owens – yes..

The adjournment was approved by majority vote and the meeting ended at 1:54 PM.

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