BOARD MEETING February 22, 2008 THE LOUISIANA BOARD OF EXAMINERS OF CERTIFIED Pursuant to notice, the meeting was called to order at 1:30 p.m., Friday, February 22, 2008, at the State National Life Building, 263 Third Street, Third Floor Conference Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: Attorney Judge Guy Holdridge David Marcello Administrator: CALL TO ORDER: Judge Guy Holdridge, Chairman called the meeting to order and asked for a motion to approve the minutes of the last meeting. Mr. Whittington made a motion to adopt as written. Mr. Brooks seconded the motion, and the motion passed unanimously. Mr. Donegan, Jr. made a motion to deviate from the agenda to take up the Continuing Education Committee Report. Mr. Brooks seconded the motion, and the motion passed unanimously. CONTINUING EDUCATION COMMITTEE: Ms. Phyllis Pool, Chairman reported that the committee did meet earlier today and took up a list of c. e. requests. Please see the attached list of requested c. e. approvals numbered 1-21. The committee recommends that the following items be approved for c. e. credits: 1-4, 5 when original certificate is provided, 6-8, 10-16, 20 Ms. Abernathy for 2 sessions on Ethics, and 21. Verbatim Reporters of Louisiana request approval of seminar for August 23, 2008. The committee accepted 3 of the sessions but denied the Acadian Language session. Ms. Estella Champion, Treasurer of the V. R. L. A. addressed the board and request that the board consider the session of their seminar on Acadian Language. Mr. Donegan, Jr. made a motion to accept the Acadian Language session. Mr. Brooks seconded the motion, and a roll call vote was taken. Ms. Cupp called the names as follows: Mr. Borrello, Jr., Nay, Mr. Gilberti, Nay, Mr. Donegan, Jr., Yes, Mr. Orgeron, Yes, Ms. Ware, Yes, Ms. Pool, Nay, Mr. Brooks, Yes, Mr. Whittington, Nay, Judge Holdridge voted Yes but under advisement that the association is instructed that the emphasis shall be on language and not on history and culture. Mr. Gilberti made a motion to approve the report. Mr. Brooks seconded the motion, and the motion passed unanimously. Mr. Gilberti made a motion to deviate from the agenda to take up item B. under New Business for reinstatement of license concerning 4 court reporters. Mr. Whittington seconded the motion, and the motion passed unanimously. Ms. Cupp reported that Ms. Nelson will not be in attendance for reinstatement today because of the flu. Mr. Gilberti made a motion to reinstate Ms. Mary Ann Penny upon payment of all delinquent fees. Mr. Whittington seconded the motion, and the motion passed unanimously. Mr. Donegan, Jr. made a motion to approve reinstatement for Ms. Danika Pascale Clesi. Mr. Whittington seconded the motion, and a vote was taken. Passed unanimously. Mr. Gilberti strongly suggested that Mr. Marshall should make it a priority to obtain c. e. credits and to renew his license in a timely manner. Mr. Gilberti made a motion to approve reinstatement for Mr. Rickey Marshall based on these conditions. Mr. Whittington seconded the motion, and a vote was taken. Seven votes for and none against. Passed. Mr. Gilberti made a motion to add Mr. Robert Tucker to the agenda to take up his matter of reinstatement. Mr. Orgeron seconded the motion, and the motion passed unanimously. Mr. Gilberti made a motion to reinstate Mr. Robert Tucker. Mr. Donegan, Jr. seconded the motion, and a vote was taken. Seven votes for and one against. Passed. Mr. Gilberti amends his earlier motions for reinstatement of the suspended and revoked licenses that they meet the financial requirements to be reinstated within in a 30 day period from todays date. REPORT OF THE TREASURER: Mr. Peter Gilberti reported that all Board Members have been provided a copy of the Treasurer's Report in the meeting packet. The report shows activity since October 5, 2007. The Board's Total Assets equal $220,620.25. Mr. Donegan, Jr. made a motion to approve as read. Ms. Pool seconded the motion, and the motion passed unanimously. Mr. George DeLaune, CPA presented the proposed budget for year ending June 30, 2009. Mr. DeLaune stated that the last page is the most alarming because you can see the cash balance steadily going down every year. If it continues through 2013 then you will have a deficit of $100,000.00. Allot of that is attributable to the examinations. Mr. DeLaune gave some of the history of the cost of the examination and is as follows: 2005 the cost was $17,500. 2006 the cost was $16, 100.00, 2007 the cost was $15, 600.00, and 2008 is expected to be $16,000.00. This is what it is costing you for about 100 people and because of the low numbers and low fees it is costing you out of pocket. Mr. DeLaune stated that the renewal fee is also a problem if the Board raised the renewal fee just $10.00 per year then that would generate $40,000.00 and over the period of time and that would reduce your deficit to about zero if you get the examinations under control. Judge Holdridge referred this matter to the Examination Committee to report on at the next meeting. REPORT OF THE CHAIRMAN: No Report. DISCIPLINARY COMMITTEE: Mr. Christopher Whittington, Chairman reported that the committee did meet earlier today and took up two complaints. The first item of discussion was that of Ms. Linda Perot. This was an anonymous telephone complaint accusing her of not using the method by which she was licensed. After questioning and finding Ms. Perot to be creditable the committee recommends dismissing the complaint and placing a letter in her file absolving her of any wrong doing. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. EXECUTIVE SESSION: The purpose of the Executive Session is to discuss the character and professional qualifications of a Court Reporter under a complaint. A vote was taken and passed unanimously. Mr. Whittington made a motion to hire the law firm that Mr. Marcello works for to investigate Ms. Linda Stockman. Mr. Gilberti seconded the motion, and the motion passed unanimously. ETHICS COMMITTEE: Mr. Glenn Orgeron, Chairman reported that a meeting had been held on January 15, 2008 to discuss a couple of items such as Read and Sign procedures and Court Reporting Gift Giving practices. Mr. Marcello presented a question and answer for the F. A. Q. Page of the Boards website. Mr. Donegan, Jr. made a motion that the office staff and a Board Chair be given authority to approve items that are to be placed on the website unless it is felt that it is necessary to be brought before the Board for approval. Mr. Orgeron seconded the motion, and the motion passed unanimously. HANDBOOK COMMITTEE: No Report. EXAMINATION COMMITTEE: Mr. Vincent Borrello, Jr., Chairman reported that he had tried to contact Mr. Melson with LSU about the examination and will continue to do so and report back at the next meeting. LEGISLATIVE COMMITTEE: Mr. Peter Gilberti, Chairman reported that a matter had come before the legislature in the past session of 2007 in which a bill was introduced to exempt certification requirements for the official reporters employed at the 28TH JDC. The bill was sent to the House Judiciary Committee and was reported unfavorably. Representative Elbert Guillory requested to the current chair at that time Joseph Toomy that a study be done. It was approved for study on June 4, 2007. No additional information is available at this time. OLD BUSINESS:
NEW BUSINESS:
made a motion to grant Ms. Juge the retirement status. Mr. Donegan, Jr. seconded the
complied with the rules was provided to all Board Members. Ms. Cupp has reported
motion to formally suspend all on the list with the exception of Ms. Juge and Ms. DATE AND PLACE OF NEXT MEETING: April 25, 2008. Mr. Brooks made a motion to adjourn the meeting. Ms. Ware seconded the motion, and the motion passed unanimously. BOARD MEETING October 5, 2007 THE LOUISIANA BOARD OF EXAMINERS OF CERTIFIED Pursuant to notice, the meeting was called to order at 2:30 p.m., Friday, October 5, 2007, at the State National Life Building, 263 Third Street, Third Floor Conference Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT BOARD MEMBERS: Judge Guy Holdridge Callie Garland Administrator: CALL TO ORDER: Mr. Vincent Borrello, Jr. brought the meeting to order in the absence of Judge Holdridge. Mr. Borrello, Jr. asked that the minutes of August 24, 2007 be approved. Mr. Gilberti made a motion to accept the minutes as written. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: No Report. REPORT OF THE DISCIPLINARY COMMITTEE: No Report. REPORT OF THE ETHICS COMMITTEE: No Report. REPORT OF THE EXAMINATION COMMITTEE: Mr. Borrello, Jr. reported that the February examination will be moved to April. The examination will be given every April and August. The next examination date will be April 26, 2008. Mr. Gilberti made a motion to accept the report and the new time frame for the examination. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. LEGISLATIVE COMMITTEE: No Report. CONTINUING EDUCATION COMMITTEE: Ms. Pool reported that the committee has approved several requests for continuing education credits as follows: Arkansas Court Reporters Association Fall Convention October 19-20, 2007, ProCAT Seminar, and MS Word. Mr. Gilberti made a motion to accept report as given. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. OFFICE ADMINISTRATION COMMITTEE: Mr. Donegan, Jr. reported that the website contract needs to be approved. Mr. Gilberti made a motion to approve the contract as written. Mr. Donegan, Jr. seconded the motion and the motion passed unanimously. Mr. Gilberti made a motion to approve all changes to the Fees Rule. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. Mr. Gilberti made a motion to allow Ms. Cupp to attend the LIAA Fall Conference. Mr. Brooks seconded the motion, and the motion passed unanimously. OLD BUSINESS: NEW BUSINESS:
Wentz, and Frances Wooley have now fully complied with the requirements for renewal for 2007. Mr. Gilberti made a motion to reinstate all those who have now complied with the requirements of renewal for 2007. Mr. Brooks seconded the motion, and the motion passed unanimously. Velma Aubert has been under the inactive status since 2003 and is requesting to return to active status.
all those who have not complied with the rules for renewing their license for 2007. Ms. Pool made a motion to revoke all those who have not complied with the rules for renewal for 2007. Mr. Borrello, Jr. seconded the motion, and the motion passed unanimously.
reported that he and Ms. Pool have been made aware of some activities that may have a possible ethics violation. Mr. Donegan, Jr. would like to refer this matter to the Ethics Committee to be looked at more closely. Mr. Gilberti made a motion to refer this matter to the Ethics Committee. Mr. Brooks seconded the motion, and the motion passed unanimously.
procedures anyone who has not renewed their license on or before January 10th will be suspended. Ms. Cupp is requesting approval for placing the reinstatement date on the I. D. Cards for those who have not complied by this time. Ms. Pool made a motion to place the reinstatement date on the I. D. Cards. Mr. Borrello, Jr. seconded the motion, and the motion passed unanimously. DATE AND PLACE OF NEXT MEETING: To be determined. Mandatory February meeting tentatively set for February 15, 2008. Mr. Gilberti made a motion to adjourn the meeting. Mr. Brooks seconded the motion, and the motion passed unanimously.
BOARD MEETING August 24, 2007 THE LOUISIANA BOARD OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS Pursuant to notice, the meeting was called to order at 2:30 p.m., Friday, August 24, 2007, at the State National Life Building, 263 Third Street, Third Floor Conference Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT BOARD MEMBERS: Christopher Whittington Judge Guy Holdridge Administrator: CALL TO ORDER: Christopher L. Whittington resided over the meeting in the absence of Judge Guy Holdridge, Chairman. Mr. Whittington called the meeting to order. Mr. Whittington asked that the minutes of June 29, 2007 be approved. Mr. Donegan, Jr. made a motion to accept the minutes as written. Mr. Borrello, Jr. seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: No Report. REPORT OF THE DISCIPLINARY COMMITTEE: Mr. Whittington reported there was an issue as to weather or not Progressive Insurance was contracting with a particular court reporting firm. I called Bill Justice who put me in touch with a guy over the State. He was not aware of the law that you can't contract. He has talked to them and they are charging the same amount to Progressive that they charge everyone else. He has told all the lawyers in the offices to use anyone they want and to charge at the prevailing rate. The sitting fee issue is a non-issue with him and he has instructed everybody not to do that. They are in compliance. The committee has accepted a letter of withdraw from Mr. Scott Weber. Mr. Gilberti made a motion to accept the report as given. Mr. Brooks seconded the motion, and the motion passed unanimously. REPORT OF THE ETHICS COMMITTEE: Ms. Cupp stated that the additional paragraph added to the Ethics Rule was published as a Notice of Intent and the hearing was held prior to this meeting. Mr. Gilberti reported that no one from the public appeared. REPORT OF THE EXAMINATION COMMITTEE: Mr. Borrello, Jr. reported that the committee did meet earlier today. Mr. Borrello, Jr. made a motion to amend the application for the C. C. R. Examination. At the bottom of the application it will state that "First time applicants must complete both the skills and written knowledge exam in full and thereafter any portions not passed." Mr. Gilberti seconded the motion, and the motion passed unanimously. Mr. Borrello, Jr. reported that the office committee passed that the skills exam fee be changed to $125.00 and that the written knowledge exam fee be changed to $75.00. The examination committee is in agreement and makes a motion to change the examination fees as stated. Mr. Gilberti seconded the motion, and the motion passed unanimously. Mr. Borrello, Jr. reported that the committee will meet with LSU tomorrow in reference to the grading issues and to discuss different times of the year when we may be able to schedule the examinations. Mr. Borrello, Jr. reported that the committee will review the examination rule at its next meeting. Mr. Borrello, Jr. reported that the committee did re-grade Ms. Hill's Q & A examination and did find one error in the original grading that was incorrect. Ms. Hill did pass the Q & A with 57 errors. LEGISLATIVE COMMITTEE: Mr. Gilberti reported that Representative Gillory has requested a study of certification and testing requirements of the Board of Examiners of Certified Shorthand Reporters and whether court reporters from districts throughout the state, and particularly the Twenty-Eighth Judicial District, should be able to use electronic recording equipment in testing in order to be certified by the board, and to report its findings to the House of Representatives prior to the convening of the 2008 Regular Session. This had come to the attention of the Verbatim Reporters Association. CONTINUING EDUCATION COMMITTEE: Ms. Pool reported that the Hearing for the Notice of Intent for the c. e. rule changes took place from 11 a.m. - 1 p.m. No one from the public appeared. Ms. Pool made a motion to approve Court Reporter Updates held on June 29, 2007. Mr. Gilberti seconded the motion, and the motion passed unanimously. Mr. Gilberti made a motion to approve the ACRA 2007 Spring Meeting. Mr. Borrello, Jr. seconded the motion, and the motion passed unanimously. Ms. Pool made a motion to deny Successful Solutions for Unacceptable Employee Behavior. Mr. Gilberti seconded the motion, and the motion passed unanimously. Ms. Pool made a motion to deny the online credits obtained through NCRA by Ms. Myra Primeaux. Mr. Borrello, Jr. seconded the motion, and the motion passed unanimously. Mr. Gilberti made a motion to accept Ms. Mary Jane Moreau's certificate for the ProCAT Seminar. Mr. Brooks seconded the motion, and the motion passed unanimously. OFFICE ADMINISTRATION COMMITTEE: No report. NEW BUSINESS:
The board meeting was abruptly interrupted because the electricity went out. All unfinished business will have to be placed on the Agenda of the next meeting. DATE AND PLACE OF NEXT MEETING: To be determined. Mr. Whittington made a motion to adjourn the meeting. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. BOARD MEETING June 29, 2007 THE LOUISIANA BOARD OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS Pursuant to notice, the meeting was called to order at 1:00 p.m., Friday, June 29, 2007, at the State National Life Building, 263 Third Street, Third Floor Conference Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT BOARD MEMBERS: Judge Guy Holdridge Callie Garland Administrator: CALL TO ORDER: Judge Guy Holdridge, Chairman called the meeting to order. Judge Holdridge took up the matter of Ms. Stephanie Hill at this time. Ms. Hill now has the appropriate documentation for passing the NVRA written knowledge examination. Ms. Hill is requesting that this documentation be accepted in fulfilling the requirements of the states written knowledge examination for the next upcoming examination in August. Mr. Donegan, Jr. made a motion to accept the NVRA written knowledge examination in place of the State written knowledge examination for the August, 2007 examination. Mr. Brooks seconded the motion, Ms. Pool abstained from the vote and the motion passed. Judge Holdridge appointed the Examination Committee to act as the Review Committee in order to re-grade Ms. Hills examination. Judge Holdridge asked that the minutes of the last meeting be approved. Mr. Donegan, Jr. made a motion to accept the minutes as written. Mr. Whittington seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: Judge Holdridge reported that he and Ms. Cupp, Office Administrator did participate in the Nuts and Bolts Conference in Destin, Florida. The one item that seems to keep coming up is that of the small city courts, who are concerned with not having certified court reporters available because most of their reporters are Electronic reporters. These reporters where grandfathered in and as they become retired or no longer available then this will create a shortage of certified court reporters that would be willing to work for the small city courts. Judge Holdridge stated that by the next meeting he will try to have some proposals that the Judges may go along with for the board to discuss. REPORT OF THE DISCIPLINARY COMMITTEE: Mr. Whittington refers Webre vs. Stockman to the full board for a hearing to be taken up at the next board meeting. REPORT OF THE ETHICS COMMITTEE: No Report. REPORT OF THE EXAMINATION COMMITTEE: No Report. LEGISLATIVE COMMITTEE: No Report. CONTINUING EDUCATION COMMITTEE: Ms. Pool reported that several request for c. e. approval have been submitted. The first is that of a Fred Prior, Mistake Proof Grammar and Punctuation seminar for a total of 10 c. e. credits. Mr. Brooks made a motion to approve the Fred Prior seminar. Mr. Donegan, Jr. seconded the motion and the motion passed unanimously. Ms. Pool made a motion to accept two sessions of the 5TH Annual Louisiana Court Administrators' Workshop for Ms. Dufresne held on March 2, 2007 for a total of 4 c. e. credits. Mr. Donegan, Jr. seconded the motion, and the motion passed unanimously. Ms. Pool reported that additional changes to the c. e. rule have been made and went through all the changes. Mr. Whittington made a motion to approve the c. e. rule changes as submitted. Mr. Brooks seconded the motion, and the motion passed unanimously. OFFICE ADMINISTRATION COMMITTEE: Mr. Donegan, Jr. reported that the committee did meet on June 8, 2007 and discussed adding an additional paragraph to the Code of Ethics rule. Mr. Marcello, Board Attorney explained that it was decided to add a new section C. under 1301. Guidelines for Professional Practice. The new section 1301.C would read as follows: "When a deposition is taken, an original transcript must be produced by the reporter in a prompt manner and delivered to the noticing attorney, in satisfaction of the attorney's duty to serve as custodian of the records and in order to assure full compliance with the reporter's statutory and ethical obligations." Mr. Brooks made a motion to promulgate the new language under the Code of Ethics as presented. Ms. Pool seconded the motion, and the motion passed unanimously. NEW BUSINESS:
DATE AND PLACE OF NEXT MEETING: To be determined. Mr. Brooks made a motion to adjourn the meeting. Ms. Pool seconded, and there being no further business, the meeting was adjourned at 4:00 p.m.
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