BOARD MEETING October 2, 2009 PRINT COPY click here The following minutes have not been approved by the Board at this time. Pursuant to notice, the meeting was called to order at 2:15 p.m., Friday, October 2, 2009, at the Denham Springs-Walker Library Conference Room, 8108 Hwy. 190, Denham Springs, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT: Administrator:
CALL TO ORDER: In the absence of Judge Fuselier, Chairman, Dion Young called the meeting to order. He began with the Pledge of Allegiance and a prayer. Dion Young asked for a motion to approve the minutes of the last meeting. Laura Putnam made a motion to adopt the minutes as written. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. REPORT OF THE TREASURER: May Dunn reported that all Board Members have been provided a copy of the report along with a listing of all deposits and disbursements since the last meeting. The report shows assets and liabilities on an accrual basis. The monthly operating income and expenses cover the period of July 18, 2009 through October 1, 2009. Total income equals $30,574.68 with total disbursements amounting to $32,949.58. The checking account balance as of October 1, 2009 is $7,253.89. Total assets including certificate of deposits equal $77,541.63. Laura Putnam made a motion to accept the report as presented. Suzette Magee seconded the motion and the motion passed unanimously. May Dunn made a motion to approve bills presented. Phillip Kaufman seconded the motion and the motion passed unanimously. REPORT OF THE CHAIRMAN: No report. REPORT OF THE DISCIPLINARY COMMITTEE: Dion Young, Chairman, reported that the committee did meet earlier today. The committee has discussed utilizing a two-tier procedure for disciplinary matters. The first tier would consist of the Chairman of the Disciplinary Committee and 2 to 3 volunteer court reporters. The committee would initially consider each complaint and would then make a recommendation to the full Board. The second tier would be the full Board minus the Disciplinary Committee Chairman. The Board Office upon receipt of a complaint, would forward it to the Disciplinary Committee Members. The complaint would be placed on the Agenda of the next Disciplinary Committee meeting. The first tier of the committee would hear and then make a recommendation to the full Board. Vincent Borrello, Jr. made a motion to adopt the two-tier procedure as outlined and change the rule. Suzette Magee seconded the motion, and the motion passed unanimously. The next item was that of Ms. Glenda Hamlin who has requested reinstatement of her license after the Board revoked her license on November 10, 2006. Ms. Hamlin was present at the Disciplinary Committee Meeting but was not present for the Board Meeting. After some discussion, Suzette Magee made a motion to deny the reinstatement of Ms. Hamlin. May Dunn seconded the motion, and the motion passed unanimously. The next item was that of the online repository. The committee had invited Alliance Reporting, Inc. to attend and tell us what they know about this matter. Mr. Michael Monistere is representing them and requested a continuance. A continuance was granted and this item will be placed on the Agenda of the next Disciplinary Committee meeting. Suzette Magee made a motion that the ethical consideration of this item be handled by the Ethics Committee. May Dunn seconded the motion, and the motion passed unanimously. Laura Putnam made a motion to have Dion Young send a letter to the AG’s Office requesting an opinion regarding Contracting vs. Networking. Suzette Magee seconded the motion, and the motion passed unanimously. The next item visited was a letter from Michael Irvin. The committee agreed to send a letter stating that we do not have a court reporter by the name in question. The next item that was discussed was that of Thornton vs. Stockman. Ms. Stockman’s attorney requested a continuance. A continuance was granted and this item will be place on the Agenda of the next Disciplinary Committee meeting. REPORT OF THE ETHICS COMMITTEE: No report. REPORT OF THE EXAMINATION COMMITTEE: Vincent Borrello, Jr., Chairman, reported that the committee met earlier in the day. The first item discussed was the examination facilities. We will no longer use LSU. We have found adequate space in the Claiborne Building at 1201 North 3Rd Street, Baton Rouge to host our licensing examination. The room is set up with a sound system and no additional equipment will be needed on our part. Vincent Borrello, Jr. proposed that we have 3 Board Members present as proctors and the Board Administrator as the intake officer. The second item discussed was the grading contracts. Phillip Kaufman has spoken with Catherine Killingsworth to grade the Stenomask exams and with Eve Kazik to grade the Stenotype exams for a fee of $750.00 each. The third item discussed was that of the examination fees. Vincent Borrello, Jr. rescinded the motion he made on July 17, 2009 to raise the skills examination fee to $225.00 and the written knowledge exam to $150.00. He made a motion that the written knowledge exam fee be changed to $140.00 and that the skills exam fee be changed to $125.00. Suzette Magee seconded the motion, and the motion passed unanimously. The next item discussed was that of costs of past examinations through LSU. Vincent Borrello, Jr. instructed the Board Administrator to research and find out how long LSU has been using old test. We have been paying a fee for the creation of new test and they have not been creating new test for maybe as long as 6 or 7 years. Robert Melson stated to Vincent Borrello, Jr. that we have been charged $2,000.00 per exam for the creation of a new exam. LSU has not been creating a new exam for some years and he wants to know exactly how many. He would like to have David Marcello send a letter to LSU about this reimbursement. Vincent Borrello, Jr. made a motion to approve all the items that were just discussed. Phillip Kaufman seconded the motion, and the motion passed unanimously. The next item was that of Ms. Monica Chauvin. Ms. Chauvin was not present. Ms. Chauvin missed the deadline for the main examination application. We have never allowed anyone who has missed the deadline to take the examination. Vincent Borrello, Jr. made a motion to deny Ms. Chauvin entrance into the examination of October 24, 2009 and that she be required to take a qualifying exam prior to the next exam. Suzette Magee seconded the motion, and the motion passed unanimously. REPORT OF THE CONTINUING EDUCATION COMMITTEE: May Dunn reported that the C. E. Committee met earlier in the day. The committee has received 3 requests for approval of seminars for C. E. credits. They are the ACRA Seminar, Idaho/Oregon/Washington Fall Convention, and the Court Reporting Seminars of Texas. The committee makes a motion to approve all 3 seminars. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. The next item visited was to make available a written test for the required Ethics Credits for out of state CCR holders. May Dunn reported that as a State Agency we cannot host a C. E. Seminar for those individuals we license. Mr. Bolan, General Counsel for Civil Service stated that we would need to check with the AG’s Office to get a definitive answer. Dion Young made a motion that he would write to the AG’s Office on behalf of the committee. Suzette Magee seconded the motion, and the motion passed unanimously. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: Vincent Borrello, Jr. reported that the committee met earlier in the day. The first item discussed was that of certain legal fees that may or may not be appropriate. Vincent Borrello, Jr. made a motion to have Judge Fuselier speak with David Marcello about the charges. May Dunn seconded the motion, and the motion passed unanimously. The next item discussed was that of using Stamps.com for our postage needs. Ms. Armentor informed us that we will be saving between $400.00 - $500.00 dollars per year. The service fee is $15.99 per month. The postage and service fee will be withdrawn via electronic check from our checking account. Vincent Borrello, Jr. made a motion to continue with Stamps.com and to have the service fee and postage taken out of our checking account through the electronic check process. Phillip Kaufman seconded the motion, and the motion passed unanimously. The next item discussed was that of the video streaming of Board Meetings. The suggested website of orb.com uses advertising to support its services. As a State Agency we cannot support any type of advertising nor have the appearance that we are supporting any type of advertising. The committee decided to table this matter at this time. The last item visited was that of obtaining email addresses for all Board Members. Vincent Borrello, Jr. made a motion to look into obtaining email addresses through the Board for all Board Members. May Dunn seconded the motion, and the motion passed unanimously. A. Reinstatement requested – Maury Parker: Ms. Parker is present and is requesting reinstatement of her license. Suzette Magee made a motion to reinstate Ms. Parker upon payment of all delinquent fees and obtain all continuing education credits since 2007. May Dunn seconded the motion, and a vote was taken, 3 yeah, 3 nays with the Chair opposing. Vincent Borrello, Jr. made a motion that Ms. Parker be reinstated upon payment of all delinquent fees and that she obtain 12 continuing education credits for the current two year cycle. Gail Freese seconded the motion, and the motion passed unanimously. B. Reciprocal license approval – Cheryl Sletta: Ms. Armentor reported that the application is in order and there are no questions. Phillip Kaufman made a motion to accept the Reciprocal Application as presented and to grant the issuance of this license. Laura Putnam seconded the motion, and the motion passed unanimously. C. Request for Inactive Status – Cindy DeJean: Ms. Armentor reported that this request needs to be approved. The correct documentation has been received. After Board review, Laura Putnam made a motion to accept and recognize the inactive status for Ms. DeJean. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. D. Legal and Website Contracts: Dion Young reported that Judge Fuselier is currently handling these and that it should remain under new business for the next meeting. E. Licensing of Firms: Phillip Kaufman made a motion that a special committee be assigned to study the possibility of licensing firms and that the committee be charged with determining a definition of a firm and that they investigate the structure for the licensing of CPA firms and for the structure of Court Reporting Firms in both Texas and Georgia to be used as models. No second; the motion failed. Laura Putnam made a motion to table the issue until the next meeting. Gail Freese seconded the motion, and the motion passed unanimously. Laura Putnam left the meeting early at 3:40 p.m. Phillip Kaufman made a motion to amend the agenda to place new items under New Business. Gail Freese seconded the motion, and the motion passed unanimously. The first item is that of Board Appointments. The Board needs to ask the Supreme Court to appoint a Board Member to replace Suzanne Stinson from her district. Phillip Kaufman made a motion to go back to monthly Board Meetings. He expressed that the Board has too much on our plate to be meeting every other month. May Dunn seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the next meeting be scheduled for November 13, 2009. May Dunn seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the December meeting be held on December 11, 2009. May Dunn seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the Election of Board Officers be placed on the Agenda for December 11, 2009. Suzette Magee seconded the motion, and the motion passed unanimously. There being no further business May Dunn made a motion to adjourn. Suzette Magee seconded the motion, and the motion passed unanimously. The meeting adjourned at 3:50 p.m. Amended/Supplemented Meeting Minutes of October 2, 2009: REPORT OF THE LEGISLATIVE COMMITTEE: Phillip Kaufman suggested a two-angle approach to the issue of digital signatures. He indicated that he has spoken with Darrell Schultz. Schultz informed Kaufman that individuals within the Supreme Court have been assigned to consider the issue of digital signatures; those individuals have studied it somewhat and are leaning toward the use of digital signatures. P. Kaufman was left with the impression that it would behoove us to explore legislation in the event that the Supreme Court does not move on it. Shultz is one of the people we are going to invite to the roundtable, although the focus of the roundtable will be underserved courts. P. Kaufman summarized that digital signatures will be a twofold approach – the possibility that the Supreme Court may take action and us pursuing, and going ahead and seeking out legislators to pursue the legislation.
BOARD MEETING July 17, 2009 PRINT COPY click here Pursuant to notice, the meeting was called to order at 2:15 p.m., Friday, July17, 2009, at the Crowne Plaza, Mississippi Queen Room, 4728 Constitution Avenue, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT: Administrator:
CALL TO ORDER: Judge Fuselier, Chairman called the meeting to order. He began with the Pledge of Allegiance and a prayer. Judge Fuselier asked for a motion to approve the minutes of the June 4 and June 19, 2009 Board Meetings. Laura Putnam made a motion to adopt the minutes with a few typographical changes. Suzette Magee seconded the motion, and the motion passed unanimously. REPORT OF THE TREASURER: Judge Fuselier reported in the absence of the Treasurer. All Board Members have been provided a copy of the report along with a listing of all deposits and disbursements since the last meeting. The report shows assets and liabilities on an accrual basis. The monthly operating income and expenses cover the period of June 18, 2009 through July 16, 2009. Total income equals $766.13 with total disbursements of $8,378.51. The checking account balance as of July 16, 2009 is $9,650.89. Total assets including certificate of deposits equal $102,909.34. Laura Putnam made a motion to accept the report as presented. Dion Young seconded the motion and the motion passed unanimously. Judge Fuselier stated that he has made an Executive decision to instruct Ms. Armentor to divide the total amount of our attorney’s fees billed into 3 payments. Each payment will be $3,142.93. Judge Fuselier presented an itemized list of bills that will be due between now and August 3, 2009 that need to be approved. Suzette Magee made a motion that the bills be paid as presented. Phillip Kaufman seconded the motion and the motion passed unanimously. Judge Fuselier stated that our most viable option is for us to borrow from one of the certificates of deposit. Judge Fuselier recommends that we borrow from the certificate of deposit that matures on August 5, 2009 whatever amount needed as long as we leave $10,000.00 to be renewed. Dion Young made the motion as stated by Judge Fuselier. Suzette Magee seconded the motion and the motion passed unanimously. REPORT OF THE CHAIRMAN: Judge Fuselier suggested that the problems we had at the Legislature resulted because we were not all on the same page. Some of our missions got commingled and that damaged our efforts for each individual purpose that we were trying to accomplish. If we could have separated those into 2 or 3 separate missions, then I think our chances of success would have been much better. We learned a valuable lesson from this. If we do have to go back to the Legislature then we need to go with a united front. I have contacted the Supreme Court. I have a meeting with Chief Justice Kimball on Tuesday, July 27, 2009 at 3:00 p.m. in New Orleans to discuss the matters that were brought up in the Legislature. The Supreme Court did initiate setting up the meeting. The goal would be to try and accomplish these same matters through court rules instead of through the Legislature. If we can do this we will be a whole lot better off. If we cannot do it by court rule, then at least we can work in unison with the Supreme Court. Then we can say this is what the Supreme Court and the Board wants and we are all on the same page. Legislation that we sponsor that is endorsed by the Supreme Court is what we need in the future. This will save us a lot of expense, agony and misunderstanding. Judge Fuselier stated that when Board Members have a matter they feel should be addressed by this Board or may be by the entire profession that these matters should be brought to the Board through the regular channels. This gives the Board an opportunity to discuss and take the appropriate action. The Board will then hopefully reach an agreement but if we cannot reach a consensus, at least we will have some understanding that this will be coming in the future. We may not all be together on this. We may have split views and we will hopefully eliminate most of them. The ones we cannot eliminate then at least we will know how to address them. Judge Fuselier read his statements on this matter from the last Board Meeting of June 19, 2009. He stated that he is reiterating this now, and has given some background about what has happened as a result of not having a clear policy. This is his goal of what we should do in the future. If anyone has any suggestions, questions or improvements then this is the time to discuss it. Phillip Kaufman stated that there were 3 items that he would like to submit in this matter. The first item is that he did not represent that he was on the Board when he spoke to the State Police, Representatives, and Senators at the Legislature. They did not know that he was a Board Member until the meeting on June 2, 2009. The second item is that of the meeting minutes of February 27, 2009 a motion was made by Vincent Borrello, Jr. to pursue digital signatures through legislation and Laura Putnam seconded the motion and the motion passed unanimously. Phillip Kaufman stated that the Board had made a decision to pursue digital signatures and then the Board did not hold a committee meeting to handle it. Why did the Board have a problem with the people then doing it and a Board Member being involved with it? He stated that he did not understand. Judge Fuselier stated that looking back at it there are several better ways to handle it than the way it was handled. This is not to say that there was any malice or any evil intent. It just was not handled very well. In the future we need to avoid the situation that occurred last time. With the brain power that we have on this board we can improve on it. Vincent Borrello, Jr. made a motion to appoint a task force of people on both sides of the issue of digital signatures. We could have attorneys who are on both sides of the issue as well as the Supreme Court’s input. This will give us a clear defining law on what this could be. This way we can go to the Legislature and say the Supreme Court backs it and the legal community backs it. Laura Putnam seconded the motion and the motion passed unanimously. Judge Fuselier stated that he was asked to mention the legislative change concerning the appointments of Board Members to this Board. In the past it has been 6 CCRs, 2 attorneys, and 1 Judge with each representing a Congressional District with 1 At Large. All were appointed by the Governor on a 3 year term. Under the new legislation to be effective on August 15, 2009 this has been changed. Now 4 members will be appointed by the Supreme Court, 3 by the Governor’s Office, 1 from the President of the Senate, and 1 from the Speaker of the House. It is not clear whether there will be one member from each congressional district. The changes will take place as Board Member terms expire. Judge Fuselier appointed Phillip Kaufman to the Office Administration Committee. REPORT OF THE DISCIPLINARY COMMITTEE: Dion Young, Chairman, reported that the committee has not met since the last meeting. However, the ongoing item of the committee is that of the new disciplinary procedure and form. The form has been posted on our website. Laura Putnam has a few changes to make. The form will be a work in progress. Dion Young stated that the two-tier procedure is a little more difficult because in the statutes under section 2557 it indicates when a member of the board finds out about a disciplinary problem, that any Board Member may investigate. I think if we draw up a two-tier procedure now that it will violate the statutes. I don’t think we can do it based on the way the statutes read. Judge Fuselier stated that he thinks this is a very appropriate subject to discuss with Chief Justice Kimball. Judge Fuselier instructed that the Disciplinary Committee Chairman is to notify all committee members of every complaint received by sending a copy of the complaint to them. The Disciplinary Committee Chairman will decide when a committee meeting is to be held and notify its members. Judge Fuselier called a 10 minute recess at 3:40 p.m. Judge Fuselier called the meeting back to order at 3:50 p.m. Judge Fuselier instructed the committee members to discuss the best method of handling the complaints when they come in. The Chairman of the committee will make a recommendation to the Board at the next Board Meeting so that it can be adopted as a formal board procedure. Dion Young made a motion to request an opinion from the Attorney General’s Office on the issues concerning Contracting vs. Networking. Laura Putnam seconded the motion and a discussion took place. Dion Young will draft the request to the Attorney General’s Office and present it to the Board for Board approval. Once approved by the Board then it will be submitted to the Attorney General’s Office. The motion passed unanimously. Dion Young stated that several audience members have information on the matter of an online repository of deposition transcripts. Debbie Brooks offered that this online repository was found by a court reporter by just simply looking up Craig’s List and searching under the legal information. The first 5 pages of a transcript can be viewed without purchasing. The full transcript can be purchased by anyone who has a pay pal account. Vincent Borrello, Jr. stated that he has gone to this website and viewed it. On the website it states that a deposition is a public record. We have an advisory opinion from NCRA that states that depositions are not a public record. Vincent Borrello, Jr. suggested that we request an opinion from the Attorney General’s Office on whether or not Louisiana depositions are public records. Vincent Borrello, Jr. stated that it is our understanding that a court reporting firm has turned over numerous depositions to this website and some are without the permission of the court reporters who took the deposition. This Board has no authority over firms. Kay Donnelly stated that some of their depositions have shown up on this website as copies we sold to a law firm. She stated, “I didn’t sell it or give it to Deposition Source.” She has no idea who they got it from. Vincent Borrello, Jr. read from the NCRA advisory opinion number 9 as follows: “A question arose regarding the confidentiality of transcripts that have yet been filed with the court and that accordingly are not yet public records. Unless a deposition transcript has been made a part of a public record the reporter must obtain the permission of all parties and the deponent not just the hiring party, before selling or otherwise releasing the transcript to any third party.” The NCRA advisory opinion was issued as an interpretation of Article 4 of the Code of Professional Ethics. It requires that a member “preserve the confidentiality and ensure the security of information, oral or written, entrusted to the member by any of the parties in a proceeding.” Phillip Kaufman made a motion that we call the owner/reporter of Alliance Court Reporting to attend the next Disciplinary Committee meeting to explain their involvement with Deposition Source and the public release of transcripts. Vincent Borrello, Jr. seconded the motion and the motion passed unanimously. REPORT OF THE ETHICS COMMITTEE: No report. REPORT OF THE EXAMINATION COMMITTEE: Vincent Borrello, Jr., Chairman reported that the committee did meet earlier today. He reminded the Board that he had previously reported that he was waiting to hear back from St. Scholastica High School. Since hearing several complaints from previous examinees, this facility is not recommended. He also contacted Baton Rouge Community College, and spoke with Ms. Tuesday and expects to hear back from her. Ms. Armentor provided a list of all the colleges in the State. Gail Freese and Vincent Borrello, Jr. arrived early enough today to look at the banquet rooms here at the hotel. Vincent Borrello, Jr. reported that he thinks the hotel could meet our needs. The Cypress 1 room will accommodate up to 85 people. There is adequate space for tables and chairs. The cost would be approximately $500.00. However, we do have concerns about noise coming from other large rooms in the same area. This is an item that will have to go through State Purchasing. Ms. Armentor was instructed to go ahead and submit the necessary information to State Purchasing. It will take about 30 days to complete. The other issue will be to locate someone who can grade the examinations. Suggestions are welcomed. Vincent Borrello, Jr. made a motion that Ms. Armentor submits the necessary information to State Purchasing to begin the bid process for examination facilities. Suzette Magee seconded the motion and the motion passed unanimously. Vincent Borrello, Jr. reported that a request was made that the Board provide a study guide or bank of questions for the written knowledge examination. Vincent Borrello, Jr. reported that we do have the written knowledge bank of questions from LSU. Vincent Borrello, Jr. made a motion that we post this item on the FAQ page of our website as follows: Can an applicant obtain the written knowledge bank of questions to prepare for the examination? Yes, please contact the Board Office. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that the next item of discussion was that of the examination fees. Vincent Borrello, Jr. made a motion to increase the skills portion of the examination from $125.00 to $225.00 and the written knowledge examination from $75.00 to $150.00. Dion Young seconded the motion, and the motion passed unanimously. REPORT OF THE CONTINUING EDUCATION COMMITTEE: In the absence of a committee chairman, Vincent Borrello, Jr. stated that he thinks that the Board needs to set up a seminar to generate some fees. He would like to see the new Chairman of this committee set up a seminar before the end of the year. Vincent Borrello, Jr. made a motion that the new Chairman of the C. E. Committee set up a seminar before the end of the year that will include the required 1 hour of ethics. Gail Freese seconded the motion, and the motion passed unanimously. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: Vincent Borrello, Jr. reported that the committee did meet earlier today. The first item of discussion was that of the moving expenses. The office is scheduled to move on August 7, 2009. The new address will be 9422 Florida Boulevard, Suite A-1, Walker, Louisiana. A bid letter has been sent out to three vendors. The office has received two out of the three bids. Vincent Borrello, Jr. made a recommendation that Ms. Armentor send the same bid letter to Student Movers. Vincent Borrello, Jr. made a motion that after receiving the bid from Student Movers to allow Ms. Armentor to go ahead and select the lowest bidder as per State Purchasing rules. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that the copier will be moved by Electronic Business Systems and will cost between $150.00 and $200.00. Vincent Borrello, Jr. reported that the Board previously approved $5,000.00 for new office furniture. Vincent Borrello, Jr. made a motion to amend the previous amount of $5,000.00 to $2,000.00. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that the next item visited is that of meeting space options. He further reported that we do have adequate space in the new office to accommodate a meeting of this size. The Denham Springs-Walker Library has a very nice room available free of charge and holds up to 100 people. Vincent Borrello, Jr. stated that he agrees that this would be adequate and acceptable meeting space. Vincent Borrello, Jr. reported that the next item visited was that of video streaming. The information that we currently have on video conferencing indicates that it is extremely expensive. Vincent Borrello, Jr. reported that he was going to contact Mike Gusky, Chief Security Officer for the State. There could be some security issues with us being a State Agency. Phillip Kaufman stated that the only expense we should have is that of our webmaster to set up the additional items needed on our website. Vincent Borrello, Jr. made a motion to table this matter until the next meeting. Suzette Magee seconded the motion, and the motion passed unanimously. A. Request for Seminar approval-The first request is that of Rene White Moarefi for a Case Catalyst 10 Workshop. Vincent Borrello, Jr. made a motion to approve. Laura Putnam seconded the motion, and the motion passed unanimously. The next request is that of Lou-Tex Seminars and CEUs, Proofing, Polishing, & Perfecting. Vincent Borrello, Jr. made a motion to approve all sessions except the Ethics Session. Phillip Kaufman seconded the motion and the motion passed 6 to 0. Suzette Magee had stepped out and was not present. Vincent Borrello, Jr. made a motion to add licensing fees to the agenda. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that due to our financial situation it is imperative that we increase the licensing fee. Vincent Borrello, Jr. made a motion to increase the licensing fee from $75.00 to $125.00. Phillip Kaufman seconded the motion and a discussion took place. Phillip Kaufman offered an amendment to seek to revise the statutes in the next legislative session that would grant us authority to raise the licensing fee to a maximum of $250.00. Dion Young seconded the amendment. The motion and amendment passed unanimously. Phillip Kaufman made a motion to go back to a separate seal fee and that the maximum charge be $25.00 which includes the cost of mailing. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. made a motion to go into Executive Session. Suzette Magee seconded the motion, and a brief discussion took place. Phillip Kaufman agreed to go into Executive Session. The motion passed unanimously. There being no further business Laura Putnam made a motion to adjourn. Dion Young seconded the motion, and the motion passed unanimously. BOARD MEETING June 19, 2009 PRINT COPY click here Pursuant to notice, the meeting was called to order at 2:00 p.m., Friday, June 19, 2009, at the Crowne Plaza, Mississippi Queen Room, 4728 Constitution Avenue, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT: Administrator: CALL TO ORDER: Judge Fuselier, Chairman called the meeting to order and asked Dion Young to lead the prayer and Phillip Kaufman to lead the pledge. Judge Fuselier asked for a motion to approve the minutes of the May 8, 2009 meeting. Laura Putnam made a motion to adopt the minutes as written. Dion Young seconded the motion, and the motion passed unanimously. REPORT OF THE TREASURER: May Dunn, Treasurer presented the report and stated that all Board Members have been provided a copy of the report along with a listing of all deposits and disbursements since the last meeting. The report shows assets and liabilities on an accrual basis. The monthly operating income and expenses cover the period of May 8, 2009 through June 18, 2009. Total income equals $1,423.19 with total disbursements of $19,989.12. Total assets including certificate of deposits equal $110,210.62. Suzanne Stinson seconded the motion and the motion passed unanimously. May Dunn made a motion to approve the payment of the bills presented. Laura Putnam seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: Judge Fuselier reported that the board office has received several request for re-grading of the last examination. A review committee must be appointed for this task. Judge Fuselier appointed the following board members to complete the task of re-grading the requested examinations and report their findings at the next meeting. They are as follows: Laura Putnam, May Dunn, and Phillip Kaufman. Dion Young stated that he has been asked several questions about the next test and that it may be held in October, is this correct? Judge Fuselier stated that there has been a little confusion amongst the Board Members but Ms. Armentor, Office Administrator can tell us what the practice has been in the past and when the next exam is scheduled. Ms. Armentor stated that we do not have a scheduled exam for August. At the last meeting Vincent Borrello, Jr., Chairman of the Examination Committee reported that he was in contact with St. Scholastica High School, in Covington, Louisiana for facilities. I informed the Examination Committee via email that this item would have to go through State Purchasing as a bid item. State Purchasing will handle this item for us. Judge Fuselier asked if this could affect the scheduling of the next examination. Ms. Armentor replied that it was possible. However, nothing has been talked about or discussed as far as moving the exam. Judge Fuselier asked if August is still the tentative month for the exam. Ms. Armentor stated yes. Dion Young asked if the exam would be in August. Ms. Armentor stated at this time it is tentatively scheduled for August. Ms. Armentor explained that if anything changes with the examination scheduling then it has to be done at a Board Meeting. Ms. Armentor explained the history of the examination scheduling of why the February exam was moved to April and that the August exam was never moved. We have been scheduling the examinations twice per year in April and August. The August examination was never discussed in any way at this point. Phillip Kaufman made a motion to move the August Examination to October to give us time to consider changing facilities and services for the examination. Dion Young asked do we have the test and do we only need to give the test? Phillip Kaufman stated that LSU is very expensive and we are concerned about our expenses. This will give us a little more time to go through the processes with the State to get everything approved. Dion asked if this could be done before August. Ms. Armentor stated that she had no idea. Phillip Kaufman stated that it would be tough unless we can sit down and make some decisions today. May Dunn reminded everyone that our checking account is down to about $17,000.00. This is very low. Phillip Kaufman stated, “I think if we give ourselves until October we will have a little more time to get it moved and have another service take care of it.” May Dunn seconded the motion, and the motion passed unanimously. Judge Fuselier stated that the exam will be scheduled for October and we will do whatever we can to meet that scheduled date. Judge Fuselier stated that we have run into a little problem that has just recently developed and I want to address it at this time. Judge Fuselier read the report as follows: All of us on the Board get along well and we enjoy serving together. In order to be effective as a Board however, we must understand our rights and our responsibilities. Our rights include our ability to bring up our own ideas for consideration by the Board. Our responsibilities include being careful not to exceed our authority as Board Members. Only a few people speak for the Board. The Chairman and the Board Attorney certainly do as well as those Committee Chairs that have been authorized by the Board and additionally any other Board Members who have been authorized by the Board. However, as Board Members, when we want to advocate a position on our own that is one that has not been sanctioned by the Board, we have to be particularly careful not to give the appearance that we are speaking for the Board when in fact the Board has not authorized us to do so. That sends the wrong signal whether it is to the profession, the legislature, or to others. It causes problems for all of us. Therefore, in order to avoid having that kind of problem in the future, I will direct Tonya to place this item on the Agenda for the next board meeting so that we can formally adopt a policy that will incorporate these principles into our operating procedures for the future. In the meantime, I would genuinely appreciate your cooperation in observing these principles. Whatever your thoughts are at this time, I would suggest holding in reserve for the Board meeting where we will discuss these policies. We need to have the most efficient way of doing business for the Board and also the most efficient and effective way of taking up matters that are not necessarily sanctioned by the Board. REPORT OF THE DISCIPLINARY COMMITTEE: Dion Young, Chairman reported that the committee has not met since the last meeting. However, the ongoing item of the committee is that of the new disciplinary procedure and form. Dion Young provided all Board Members a copy of the new form and stated that we will probably want to make some changes. I would like to ask everyone to look over it for discussion at this time. This is a basic overview of what we are going to have. If you file a complaint you will have to certify that it is true and correct. It will have to be notarized. This has not been the case previously. You will have to give your name, witnesses and what they will testify too as well. There is no anonymous complaint. You have to sign your name on it. After looking much closer at the Board Statutes and rules pertaining to this procedure I have determined that we may not be able to implement the full two-tier procedure, as we would like to see it. A lot of our disciplinary stuff is in Title 32, Section 257 and we can’t change this part. I think we can change the way the Disciplinary Committee works as far as the two-tier system. I think along with this that article 257 is going to have to be revamped a little bit. It discusses having a hearing and attendance at the hearing. Our model is a two-tier hearing. You get two hearings. One is somewhat informal with a Board Member and three court reporters. The second tier is a lot more formal if it gets to that point. I think that section 257, which deals with suspensions and revocations may need a little touch up. I have sent David Marcello something and we will have to address this when the legislature is over. There is no way to change it this year anyway. I think we can change the way we do things but I’m not sure how much because of the way our statutes read right now. I don’t think we have a problem using the complaint form now. Judge Fuselier stated that this was a good start. I think we need to move forward and adopt the complaint form along with any changes that may need to be made and any additional changes can be adopted at a later meeting. Phillip Kaufman made a motion to adopt the complaint form. Suzanne Stinson seconded the motion, and the motion passed unanimously. This form will be posted on our website and the original must be submitted to the Board Office. Judge Fuselier instructed Tonya to place the adoption of the two-tier disciplinary procedure on the Agenda of the next meeting providing that it does not conflict with State Law, specifically section 2557. REPORT OF THE ETHICS COMMITTEE: No report. REPORT OF THE EXAMINATION COMMITTEE: In the absence of Vincent Borrello, Jr., Chairman Ms. Armentor stated that this information was given under the report of the chairman. Phillip Kaufman reported that he will be administering the approved out of time test to Ms. Whitby on June 26, 2009. Ms. Armentor reported that the results from the April 25, 2009 examination where very good. We had 16 examinees that passed for licensing plus a current CCR passed the skills in a new method. REPORT OF THE LEGISLATIVE COMMITTEE: In the absence of Suzette Magee, Chairman, Judge Fuselier, Chairman of the Board reported that the legislative committee has been very active and that we have spent a lot of time in the halls of the legislature. The Board sponsored bill HB 599 by Representative Hill as reported yesterday, is that the amendments where rejected by the House. The bill has now been assigned to a conference committee. That committee’s report with suggested amendments will lay the predicate for an up or down vote in each chamber of the House and the Senate. If either the House or the Senate votes unfavorably, then the bill is dead. If they both accept the report then the bill will go to the Governor for signature. David Marcello is monitoring this and we have not heard any further reports since yesterday at noon. After the conference committee makes its report, then the House and the Senate will have to vote on the bill as presented to them. They will not have the option of amending it. If they don’t like it the way it is then they have to vote against it but they cannot make any further amendments. If it does not pass both houses, then the bill dies for the session. REPORT OF THE CONTINUING EDUCATION COMMITTEE: Suzanne Stinson, Chairman reported that the C. E. Committee did meet prior to the Board meeting and discussed several requests for approval. We are anticipating multiple requests for the upcoming NCRA seminar in August. Suzanne Stinson made a motion to approve the NCRA Seminar sessions. May Dunn seconded the motion, and the motion passed unanimously. The next item is that of the Nuts & Bolts Seminar that we approved previously with exceptions. I did attend and participate in this seminar and I make a motion that all sessions of the warm-up and the Nuts and Bolts Seminar be approved. May Dunn seconded the motion, and the motion passed unanimously. The next item is a request for a Stenocat users network 2009 Fall Conference in Jacksonville, Florida. Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is from Michelle Escobar regarding her c. e. credits for the last two-year cycle. Ms. Escobar attended a Texas CCR Seminar in 2008 and upon review of the information Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is that of the City Court Clerks Association Seminar. The committee had requested additional information and we have since received that information. Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is the 2009 NVRA Convention that has been proposed for approval of sessions 1, 2, 3,5, and 6. Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is that of the LCRA Seminar to be held in October. Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is that of the VRLA Seminar to be held in September. Suzanne Stinson made a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. Suzanne Stinson reported that the continuing education proposed rule change is in line to be published as a rule in September. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: In the absence of Vincent Borrello, Jr., Chairman, May Dunn reported that a request was sent to Facility Planning and Control to start the process to lease new office space and that we need board approval on this. It will take 60 days to get this done. Facility Planning and control is currently requesting from the lessor, the Fire Marshal’s approval for occupancy and a letter stating that no asbestos or asbestos containing materials have been used in the building. May Dunn made a motion to move forward with the new office space. Laura Putnam seconded the motion, and the motion passed unanimously. May Dunn reported that we have received several reciprocal applications that need to be approved for licensing. The first one is that of Lisa D. Jeter and all information is in order. May Dunn made a motion to approve. Suzanne Stinson seconded the motion, and the motion passed unanimously. The next applicant is that of Katie Loupe and all information is in order. May Dunn made a motion to approve. Suzanne Stinson seconded the motion, and the motion passed unanimously. The next applicant is that of Holly Miller Bergeron and all information is in order. May Dunn made a motion to approve. Suzanne Stinson seconded the motion, and the motion passed unanimously.
C. Michelle Escobar – c. e. reinstatement requested. Michelle had not turned in proof of c. e. credits timely and has now complied. The C. E. Committee did review and approve her c. e. credits submitted earlier. Ms. Escobar does reside in Texas and is solely practicing in Texas at this time but does wish to maintain her Louisiana CCR license. Suzanne Stinson made a motion to reinstate her license. May Dunn, seconded the motion, and the motion passed unanimously. Judge Fuselier reported that Phillip Kaufman had requested a list of items to be assigned to various committees at the last meeting. The first item was that of licensing of Court Reporting Firms. We do not have an appropriate committee for this item and it would be best that the Board address this matter. Phillip Kaufman made a motion that the Board address this matter and discuss it at the August board meeting. Laura Putnam seconded the motion, and the motion passed unanimously. The next item is that of video streaming of board meetings. Judge Fuselier appointed this matter to the Office Administration Committee for further review. The next item is adding a private forum to the board website allowing court reporters to login to participate in “chat” sessions. It is my understanding that we have some State issues with this item. Ms. Armentor reported that the main issue with this item is that of a security risk. Ms. Armentor has spoken with the State Data Security Officer on this matter. Ms. Armentor reported that State information does have to be protected and we do have encryption software installed on our computer and external hard drive to insure that not just anyone can access our information. Judge Fuselier stated that in light of the information provided this item will not be discussed any further. The next item is to provide clarification on what practices constitute contracting as well as networking. Judge Fuselier will assign this item to the Disciplinary Committee as well as the next item of studying online depositories of transcripts. There being no further business Dion Young made a motion to adjourn. Phillip Kaufman seconded the motion, and the motion passed unanimously. The meeting adjourned at 3:15 p.m. BOARD MEETING June 4, 2009 PRINT COPY click here Pursuant to notice, the meeting was called to order at 2:30 p.m., Friday, June 4, 2009, at the LaSalle Building, in the LeBelle Room, 617 North Third Street, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT: Administrator:
CALL TO ORDER: Judge Fuselier, Chairman called the meeting to order and asked Laura Putnam to lead the prayer and pledge. Judge Fuselier, Chairman gave the guidelines of how he would be handling the meeting in accordance with parliamentary procedures. Judge Fuselier asked that only one person at a time speak. Judge Fuselier reported that he had contacted the Supreme Court previously for additional guidance Suzette Magee, Chairman of the Legislative Committee stated that she had been asked a question at the Mr. Scott Kaiser, Attorney presented that this is a good idea and that digital signatures are needed for Judge Fuselier stated that after hearing all the current information on this matter, that he now has a Judge Fuselier explained that SB 143 is primarily a bill for Law Enforcement Officers and Judges to Phillip Kaufman would like to present potential language changes for the amendment to possibly be attached again on the House Committee Floor. Laura Putnam asked the Attorneys in the audience if they had reviewed this language? Mr. Kaiser answered, yes. Laura Putnam asked if there were any conflicts in Title 9 and in the Code of Civil Procedure. Laura Putnam asked if he had reviewed the statutes governing electronic signatures. Mr. Kaiser, answered he was nervous answering yes to that question. However, I have looked at all the proposed changes and if it is passed as currently proposed to the Legislature. The requirement of sealing it in an envelope under 1446 would be cured by this language. Mr. Kaiser made the suggestion that we go with this language presented. Mr. Kaiser stated that he is convinced that Justice Kimble in her email is thinking that there is a bill trying to tell the court system that they have got to go to electronic filing. I will personally write to Justice Kimble a letter on my own behalf explaining to her what this legislation is really all about. Many audience members as well as Board Members spoke and asked questions. Judge Fuselier called a recess at 3:50 p.m. for 10 minutes. Judge Fuselier called the meeting back to order at 4:00 p.m. Suzette Magee made a motion that the Board cannot endorse the amendment to approve digital signatures at this time. However, the Board approves of the concept and will continue working with all stakeholders to reach a comprehensive solution on this issue. Laura Putnam seconded the motion, and the motion passed unanimously. Judge Fuselier addressed Mr. Kaiser and stated that you have volunteered to write a letter to Justice Kimble and try to shed some light on the issue from your standpoint and the standpoint of your clients. We would certainly encourage you to do that as an interested party. Please stay in close communication with us. We will leave the door open to meet and to keep making progress toward finding an ultimate solution. Mr. Kaiser stated that he would copy his letter to the board. Mr. Scott Kaiser asked about the Ethics Advisory Notice under Section 1103 of Title 46 which requires that each CCR must review and approve the accuracy of the transcript before executing the certification; the CSR Board emphasizes that this means the CCR must review a final, printed copy of the transcript to which the certification page will be attached. Judge Fuselier responded that if your legislation passes then it will solve this problem on August 15th. Between now and then the Board does not have the authority to do anything other than to follow the laws and rules of the State of Louisiana as they currently are now. There being no further business Suzette Magee made a motion to adjourn. Phillip Kaufman seconded the motion, and the motion passed unanimously. The meeting adjourned at 4:15 p.m. BOARD MEETING May 8, 2009 PRINT COPY click here Pursuant to notice, the meeting was called to order at 2:00 p.m., Friday, May 8, 2009, at the Holiday Inn Superdome, Poydras, Jazz Room, New Orleans, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT: Attorney: Administrator:
CALL TO ORDER: Judge Fuselier, Chairman called the meeting to order and asked Gail Freese to lead the prayer and pledge. Judge Fuselier asked for a motion to approve the minutes of the February 27th and March 20, 2009 meetings. Dion Young made a motion to adopt the minutes as written. Vincent Borrello, Jr. seconded the motion and the motion passed unanimously. REPORT OF THE CHAIRMAN: Judge Fuselier reported that we have had allot of activity during this week based on the legislation that we had proposed. We appeared at the Capital on Tuesday to oppose a bill and on Wednesday to propose a bill. We were successful on Tuesday in opposing the Senate Bill which we thought would be harmful to us and to the profession. We were successful on the following day in getting the House Judiciary Committee to approve the bill we sponsored by Representative Dorothy Sue Hill. This bill will allow the board to issue temporary permits with a requirement that the person issued the temporary permit would have a maximum period of three years to meet all the certification requirements and to become certified. Those who are issued the temporary permit would remain under the jurisdiction of the Louisiana Court Reporters Board. The bill that we opposed was to transfer that supervision to the District Judges or the Judge (City Judge or District Judge) and not to be under the supervision and the jurisdiction of the Board. The Senate Bill that was contrary to what we wanted was voluntarily deferred and our bill passed the following day. It will pass the House without any opposition and then it will go from there to the Senate. We have a positive feeling that it will pass. It also requires that the person holding the temporary permit to comply with the ethical requirements of all of you who are certified court reporters and the continuing education requirements as well. We feel comfortable with our bill and we think that it will afford us an opportunity to require compliance even in the rural parishes that have difficulties in finding some qualified people. At least they can hire people with the ability and send them to school, seminars or do whatever is necessary for them to become certified. Judge Fuselier stated, “Allot of work went into this bill and I want to personally compliment the Legislative Committee.” The Legislative Committee consists of Suzette Magee, May Dunn, Vincent Borrello, Jr., and Laura Putnam. David Marcello, Attorney to the Board, also did allot of work on these bills. The first crisis we had was that we needed to have a Representative or a Senator to sponsor our bill. The session was about to convene and we still didn’t have a sponsor. Thanks to Fred Mills who found Ms. Hill who still had some availability. Ms. Hill introduced the bill to the committee and we supported it. I also want to thank all of you who sent emails and made phone calls to the House Committee and Senate Committee members. We had an ally on the Senate Committee, Senator Martiny who definitely steered the discussion against the Senate bill that had been proposed to transfer allot of that responsibility to the Judges. He spoke openly, that Representative Hills bill was much more likely to address our problems and to steer it in the direction that we need it to go to provide at least a temporary solution to those reporters who are working and are not properly certified. We are indebted to David Marcello who drafted the legislation for us and to Senator Martiny of the House Committee. Senator Martiny, liked that those who would be granted the temporary permit would be required to obtain continuing education credits and to comply with the ethics requirements. It is not law yet, it still has to pass the Senate. I do think that the toughest battle is behind us now. I do want to thank all of you who helped in these efforts and the Associations as well. David Marcello reported that he had received an email late yesterday afternoon and forwarded it to the Board Office. The Chandler bill, HB 555 will be in the House Judiciary Committee next week. The committee was very favorable to our bill and I would think that members of the profession would want to be heard from at the Wednesday meeting. Encourage as many people as possible to be at the Capital on Wednesday to oppose the Chandler Bill and give moral support. Support in numbers for the position that we have already taken and that is to support the Hill Bill. Dion Young made a motion to add an item to the Agenda as new business as requested by Phillip Kaufman. Suzanne Stinson seconded the motion, and the motion passed unanimously. This item is now added to the Agenda. Phillip Kaufman reported that he will have to leave today’s meeting early due to prior obligations. Mr. Kaufman stated that he had several motions that he would like to put before the Board. They don’t all have to be discussed and decided on now. They can be tabled but I want to get them into peoples’ minds and on the Agenda for the future. I have discussed them with allot of people. Phillip Kaufman made a motion that the Board assign a committee to evaluate the feasibility, the other states have and the process that may be required to license or certify court reporting firms, and make recommendations to the Board accordingly. Dion Young seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the Board assign a committee to evaluate the feasibility and costs involved for video streaming of the monthly Board meetings to a website into which CCR’s may log in and view the proceedings. Suzette Magee seconded the motion and a brief discussion took place. A vote was taken and Dion Young was opposed. Phillip Kaufman made a motion that the Board assign a committee to evaluate the feasibility and costs involved in adding a private forum to the Board website to which CCR’s may login to participate in “chat” discussions. Laura Putnam seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the Board assign a committee to study and provide clarifications to the Board what practices constitute “contracting,” as well as what practices would fall under the term networking. Suzette Magee seconded the motion, a brief discussion took place. The motion passed unanimously. Phillip Kaufman made a motion that the Board study publicly available online transcript repositories and make recommendations to the Board in regards to developing rules regarding them, including the prohibition of Louisiana CCR’s posting transcripts to such websites or requirements for authorization for such postings by the witness with required redaction of private information. May Dunn seconded the motion, and the motion passed unanimously. Phillip Kaufman made a motion that the Board assign a committee to evaluate Board expenses, possible cost cuts and the possibility of adding to our disciplinary rules that a party found guilty will be liable to pay for the investigation and hearing costs. Suzette Magee seconded the motion and a brief discussion took place. Suzanne Stinson made a motion to amend the initial motion to delegate this matter to the Disciplinary Committee. Vincent Borrello, Jr. seconded the motion to amend, and the motion passed unanimously. A vote was taken on the original motion as amended and passed unanimously. Phillip Kaufman made a motion to assign a committee to evaluate the costs and feasibility of contracting out the transcription of Board meetings. Judge Fuselier asked for some clarification on this motion and a brief discussion took place. Mr. Kaufman deferred this motion. REPORT OF THE ETHICS COMMITTEE: No Report. REPORT OF THE EXAMINATION COMMITTEE: Mr. Vincent Borrello, Jr., Chairman reported that he is waiting to hear back from Ms. Elaine Simmons with St. Scholastica High School in Covington, Louisiana regarding their fee for a possible testing site. The Examination Committee will meet before the next board meeting. We will also look at and discuss the examination fees. The Board has received a letter from the Monroe City Court requesting an out of time test for Ms. Velma Whitby. Vincent Borrello, Jr. made a motion to approve an out of time test for Ms. Whitby. Gail Freese seconded the motion, and the motion passed unanimously. THE LEGISLATIVE COMMITTEE: Ms. Suzette Magee, Chairman reported that Judge Fuselier gave a thorough report earlier in the meeting. I would like to thank everyone who helped to get the legislation passed. I think it is good legislation and thank David Marcello for writing it and all his hard work. REPORT OF THE CONTINUING EDUCATION COMMITTEE: Ms. Suzanne Stinson, Chairman reported that the committee did meet earlier today and considered several items for approval. The first item is that of Renee White Moarefi requesting approval of remote training on Case Catalyst software. I make a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The second item is that of John M…requesting approval for a Stenograph School of training. I make a motion to approve. Suzette Magee seconded the motion, and the motion passed unanimously. The next item is that of Lori Heffie requesting approval for attendance at NCRA approved seminar(s). I make a motion to approve. May Dunn seconded the motion, and the motion passed unanimously. The next item is a request of the LA City Court Clerks Association for their annual seminar. We will need to request additional information on this item. I make a motion to table this matter until additional information can be obtained. May Dunn seconded the motion, and the motion passed unanimously. The next item is that of Dawn Tupper requesting approval for attendance at NCRA approved seminar(s). I make a motion to approve. Dion Young seconded the motion, and the motion passed unanimously. The next it is a request from Billie Tripp for the Nuts And Bolts Seminar in Destin, Florida. We recommend that the following sessions be approved: Monday at 11:00 a.m., Tuesday at 8:30 a.m., 9:45 a.m., and 7:00 p.m., Wednesday at 3:30 p.m. repeat of Personal Court House Security, Thursday at 8:30 a.m., 12:15 p.m. I make a motion to approve the sessions as outlined for the Nuts And Bolts Seminar. May Dunn seconded the motion, and the motion passed unanimously. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: Mr. Vincent Borrello, Jr., Chairman reported that Mr. George Delaune, CPA was present and that we would like for him to go over his letter of May 6th with the Board. Mr. Delaune gave an overview of the Boards financial situation by presenting current budget projections. The board will have a $241,110.00 deficit by 2013. This means that you have four years to correct this projected deficit. You will need to increase your revenue and cut cost of $60,000.00 per year to correct this. You will need to be prepared for investigation fees as you have been discussing. At this time, the examination fees do not cover the cost of administering the examination. Basically you are asking everybody else that is a licensed court reporter to help pay for others to get into the profession. The license fee that you charge is for administration and regulation. Once you go beyond that you are going to have to charge fees accordingly for investigations and examinations. It will take some drastic cuts to get this deficit down. If you don’t do something now then you will be shutting down by 2011. Vincent Borrello, Jr. reported on potential new office space. Mr. Borrello asked about meeting space being available at the new location. We do not have a floor plan at this time so it is unclear as to potential meeting space. This item will be placed on the next meeting agenda. Vincent Borrello, Jr. made a motion to table the matter of the office employee and to go into Executive Session at the end of our meeting today. Suzette Magee seconded the motion, Ms. Armentor agreed to the motion as stated and the motion passed unanimously. NEW BUSINESS:
Vincent Borrello, Jr. made a motion to add an item to the agenda. Suzanne Stinson seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that Rennette Griffin, Official Court Reporter was listed on the No C. E. Suspended List. Ms. Griffin was not suspended but there was a mix up with her continuing education certificate turned in. Vincent Borrello, Jr. made a motion that the Board Office send a letter to the Judicial Administrator that it was an internal mix up. Suzette Magee seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. asked Ms. Armentor, Administrator to explain to the current board members her employment agreement with the Board as pertaining to raises and duties. Ms. Armentor stated that her date of hire was April 19th. Ms. Armentor has now made 11 years of employment with the Board. An annual increase of 3 percent has been budgeted annually. It has been the agreement that as long as my performance is satisfactory then a 3 percent increase would be granted. As for all of my duties I believe there are too many to list out. I not only have to deal and comply with all Board Statutes and rules but I must insure that we comply with all State Agency laws and comply with all other State Agencies reporting requirements. I am an unclassified employee. Dion Young made a motion that we grant Ms. Armentor a 3 percent increase based on her satisfactory performance. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. BOARD MEETING March 20, 2009 PRINT COPY click here Pursuant to notice, the meeting was called to order at 2:00 p.m., Friday, February 20, 2009, at the Crowne Plaza, 4728 Constitution Avenue, Riverboat Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT:
Attorney: Administrator: CALL TO ORDER: Judge Fuselier, Chairman began the meeting by asking Suzette Magee to say the prayer and Vincent Borrello, Jr. to start the pledge. Judge Fuselier reported that the minutes from the last meeting will be presented for approval at the next meeting. Judge Fuselier reported that he would like to see the board investigate our authority to charge an accused person, if found guilty, of any violation of either the statutes or rules of this Board. Judge Fuselier asked David Marcello to investigate this matter further and report his findings at the next meeting. David Marcello stated that the report for HCR104 was submitted to the legislature. Judge Fuselier gave thanks to Suzette Magee, David Marcello, Laura Putnam, and Tonya for getting this done. Judge Fuselier would like to adopt a change to the Disciplinary procedures. My recommendation is that we give anyone who is accused of a violation a two tier level. After a brief discussion, Judge Fuselier stated that the finished product would be that the accused would have his due process. Judge Fuselier stated that he is 100% convinced that the current process is fatally flawed. May Dunn made a motion to table this matter until the next meeting. May Dunn made an amendment to her previous motion to send this item to the Disciplinary Committee. Suzanne Stinson seconded the motion, and the motion passed unanimously. Judge Fuselier reported that he would advise the Disciplinary Chairman to notify Mr. Veron that his complaint is not actionable and to put it in actionable form. Suzette Magee made the motion as stated above. Phillip Kaufman seconded the motion, and the motion passed unanimously. REPORT OF THE TREASURER: May Dunn, Treasurer presented the report and stated that all Board Members have been provided a copy of the report. The report shows assets and liabilities on an accrual basis. The monthly operating income and expenses cover the period of February 27, 2009 through March 20, 2009. Total income equals $1,100.00 with total disbursements $29,869.71. Total assets equal $148,015.11. May Dunn made a motion to adopt as read. Suzette Magee, seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: Disciplinary Procedures. This matter was reported previously. REPORT OF THE DISCIPLINARY COMMITTEE: No Report. REPORT OF THE ETHICS COMMITTEE: No Report. REPORT OF THE LEGISLATIVE COMMITTEE: Ms. Suzette Magee reported that the report for HCR 104 was completed and hand carried to the legislature along with the recommended legislation for temporary permits. David Marcello went over what was submitted and the temporary permits legislation in detail. David asked if we had someone to sponsor the bill and recommended that we have someone by next week. Phillip Kaufman made a motion to adopt report as given. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. The meeting reconvened at 3:40 p.m. with a quorum present and with Dion Young remaining absent. REPORT OF THE CONTINUING EDUCATION COMMITTEE: Ms. Suzanne Stinson, Chairman reported that the committee did meet earlier today and looked at a request for c. e. approval from Rhonda Baiamonte. The QuickBooks course looks to have been given by a CPA and we are requesting additional information be submitted on the presenter before accepting. This matter will be re-visited at the next meeting. The next item we considered is that of online courses. We voted to table until the next meeting. Suzanne Stinson moved to accept report as given. May Dunn seconded the motion, and the motion passed unanimously. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: Vincent Borrello, Jr., Chairman reported that the office has been experiencing a larger volume of work and recommends that a permanent part-time employee be approved. That the part-time employee would be hired by Tonya Armentor, Administrator of the Board Office and would work up to a maximum of 25 hours per week as necessary at a rate of $8.00 per hour. Vincent Borrello, Jr. made the motion as stated above. Suzette Magee seconded the motion, and the motion passed unanimously. NEW BUSINESS: A. I. A.’s for informational purposes only. All current Board Members were given a copy of each one used and the full history of the Intergovernmental Agreement used in previous years. B. Financial Disclosure Forms. David Marcello explained that the CCR Board Members fall under the 2.1 tier. C. Renewal List. Tonya Armentor presented a list of all reporters who have now paid since January 10, 2009 to be reinstated. Suzanne Stinson made a motion to reinstate all reporters on the list. Suzette Magee seconded the motion, and the motion passed unanimously. The No Pay Suspended list was presented and represents all reporters who have not paid at this time and who have been suspended by statute since January 1, 2009. Vincent Borrello, Jr. made a motion to accept the No Pay Suspended List. May Dunn seconded the motion, and the motion passed unanimously. The No C. E. Suspended List was presented and reflects all those reporters who have not obtained the required continuing education credits by January 30, 2009. Suzette Magee made a motion to suspend all reporters on this list. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. The Revocation List was presented and reflects all those who have been suspended and are now up for revocation. Phillip Kaufman made a motion to revoke all reporters on this list. May Dunn seconded the motion, and the motion passed unanimously. The Retired, Inactive and Deceased List were presented for information purposes and are to be included in the mail out of all lists. Suzanne Stinson made a motion to mail out all list. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. May Dunn made a motion to add Dorothy Rull to the agenda. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. Dorothy Rull was present and is requesting reinstatement of her license. After a few questions and a brief discussion, Vincent Borrello, Jr. made a motion to reinstate her license upon payment of all fees and payable within 30 days from today. Phillip Kaufman amended the motion have Ms. Rull provide proof of continuing education credits. May Dunn seconded the motion, and the motion passed unanimously. Suzette Magee made a motion to adjourn. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. There being no further business the meeting adjourned at 4:50 p.m. BOARD MEETING February 27, 2009 THE LOUISIANA BOARD OF EXAMINERS OF Pursuant to notice, the meeting was called to order at 2:00 p.m., Friday, February 27, 2009, at the Crowne Plaza, 4728 Constitution Avenue, Riverboat Room, Baton Rouge, Louisiana with a quorum present. PRESENT BOARD MEMBERS: ABSENT:
Attorney: Administrator: CALL TO ORDER: Judge Fuselier, Chairman began the meeting by asking May Dunn to say the prayer and the pledge. Judge Fuselier asked for a motion to approve the November, December, and January minutes. Laura Putnam made a motion to adopt as written. Suzanne Stinson seconded the motion, and the motion passed unanimously. REPORT OF THE TREASURER: In the absence of a Treasurer Ms. Armentor presented the report and stated that all Board Members have been provided a copy of the report. The report shows assets and liabilities on an accrual basis. The monthly operating income and expenses cover the period of November through February 26, 2009. Total income equals $96,653 with total expenses of $53,794. Total assets equal $176,612.88. May Dunn made a motion to adopt as read. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. REPORT OF THE CHAIRMAN: Judge Fuselier reported that the he had sent all Board Members an email asking them to gather their thoughts and to be ready to report on them about the Board’s Disciplinary Procedures. When a court reporter, former court reporter, or someone acting as a court reporter has been charged with a violation of our statutes or rules and are brought before our Board. Judge Fuselier is suggesting that we have a two tier procedure. We cannot have the same body or a portion of the same body hearing the complaint in front of the Disciplinary Committee and then presenting that report to the whole board and then voting as a Board with some of the same members voting on the final outcome. Most other professional organizations have a two tier process. Two tiers by analogy with the first tier being the committee would hear the complaint(s). It’s like the grand jury hearing the testimony and rendering a true bill which is then forwarded on to the petit jury or finding that there is not sufficient cause and there is no true bill and basically it dies right there unless the District Attorney wants to file a separate charge. Knowing this, my goal is to find a way we can have a two tier procedure. We have to balance the rights of the person who is accused with the ability to pay for the procedure. The second possibility is that we could hire David or a lawyer from his firm to do the initial investigation and evidence would then be presented to a privately hired attorney sitting in the capacity of a hearing officer. They would make a report and recommendation to the Board. Then that recommendation would be presented to all the Board Member and all Board Members would vote on that final action. This is including the Disciplinary Committee Chairman. The third possibility we could hire a retired certified court reporter or a senior court reporter that has not been on the Board for at least two or more years to complete the initial investigation and report to the Disciplinary Committee. The members of the Disciplinary Committee would not be able to vote when the whole Board takes action. In this process David Marcello would not be included in the investigation but would be sitting as the Boards Attorney when we take final action. The fourth possibility is to hire a private investigator to do the initial investigation and the remainder would basically be just like the third possibility above. Judge Fuselier stated that hopefully this provides food for thought. That this is not intended nor expected to be the final version but certainly a point of beginning to improve on what we have right now of which I think is unacceptable. REPORT OF THE DISCIPLINARY COMMITTEE: Mr. Dion Young, Chairman reported that the Hearing for Mr. Thomas A. Thibodeaux was canceled today and the hearing will be rescheduled. Dion has spoken with David Marcello about this matter. David Marcello stated that the statute 2556(A.) gives us the authority over someone who is acting in the role of official or deputy official court reporter. Dion will bring a Disciplinary form to the next meeting. REPORT OF THE ETHICS COMMITTEE: No Report. REPORT OF THE EXAMINATION COMMITTEE: Mr. Vincent Borrello, Jr., Chairman reported that he has spoken with Robert Melson at LSU via email. We discussed the amount of the test and the breakdown of the fees being charged by LSU. It had come to my attention that we have been being overcharged $2,000.00 per exam for the creation of a new exam of which no new exams have been made over the past 7 years. When I brought this to Roberts attention and I stated to him that I knew that they were not intentionally over charging us and that it was an oversight. Robert responded with an email that he had spoken to his boss and stated that I think we can work a deal out. We will charge the Board $8,000.00 per year as long as we don’t have to create a new exam. We will refund the Board $3,200. Mr. Borrello, Jr. stated that he responded to his email stating that this was inappropriate. That the $8,000.00 was not a deal and that this is what we should have been charged from the beginning. My calculations over the past 7 years show that we are due anywhere in the neighborhood of a refund of about $27,000.00. Mr. Borrello, Jr. again reiterated to Mr. Melson that he knew that this was not something intentional that they were doing in overcharging us but that we would need to come to an amicable resolution. Mr. Melson had asked me to come to LSU to talk with him and his boss last week. I was unable to do that and did ask them to set up a telephone conference. I did not hear back from him. My recommendation is to give him another week. I am going to try to reach him again via email. If I am unable communicate with him then I would like to have Mr. Marcello send them a letter. Mr. Borrello, Jr. moved to accept report. Suzette Magee seconded the motion, and the motion passed unanimously. REPORT OF THE LEGISLATIVE COMMITTEE: Ms. Suzette Magee reported that the committee did meet earlier today. The committee went over all survey responses and looked over the proposed legislation. The committee would like to authorize David Marcello to prepare the report which is to be submitted next week. A partial draft and other documents were given to all Board Members. A brief discussion took place. Judge Fuselier called for a 10 minute recess at 3:25 p.m. REPORT OF THE CONTINUING EDUCATION COMMITTEE: Ms. Suzanne Stinson, Chairman reported that the committee has received several requests for continuing education approval and will go down the list with our recommendations. The first item to be considered is that of a Stenograph Case CATalyst Version 10 Workshop with various dates and locations listed. The Committee voted to approve. The next item is that of the 38TH Annual Spring Seminar for Court Reporters conducted by the Mississippi Judicial College to be held on April 22-24, 2009. The Committee voted to approve. Ms. Linda Howard submitted the ESP Network 17TH Annual Convention in Las Vegas to be held on May 29-31, 2009 for approval. The Committee voted to approve. Suzanne Stinson made a motion to approve the above stated seminars. May Dunn second the motion, and the motion passed unanimously. Suzanne Stinson reported that the committee did have two requests that were not acceptable. The first item was from a Mr. Cochran of Brown College of Court Reporting which presented English Courses through email. Since, our rules do not allow online courses the Committee voted to deny. The second item was that of Ms. Monique Kronlage in that she had requested approval of a QuickBooks seminar. Because she has already taken an intermediate QuickBooks course the Committee voted to deny. Suzanne Stinson made a motion to deny continuing education credits for the English email/online courses and the duplicated QuickBooks seminar. May Dunn second the motion, and the motion passed unanimously. Suzanne Stinson made a motion to pre-approve the NCRA Convention in New Orleans with the anticipation that Louisiana reporters will want to attend. May Dunn second the motion, and the motion passed unanimously. Suzanne Stinson made a motion to approve a rule change for Chapter 6. Continuing Education, Section 603.Continuing Education Credits(A.) Beginning January 1, 1991, and thereafter, each certificate holder shall be required to obtain at least 12 continuing education credits during each two-year continuing education cycle. Each continuing education cycle shall consist of two consecutive years beginning January 1 of the odd-numbered year and ending December 31 of the even-numbered year, inclusive. The board shall award one continuing education credit for each half hour of instruction time. Beginning January 1, 2010, two of the required 12 continuing education credits shall be instructions pertaining to ethics awareness. May Dunn second the motion, and the motion passed unanimously. Vincent Borrello, Jr. made a motion to have Tonya contact the local associations and advise them of the ethics requirement for court reporters and that when they obtain their speakers to consider that those speakers discuss ethics. Suzette Magee seconded the motion, and the motion passed unanimously. Suzanne Stinson reported that pertaining to the provider application process that we have had problems with those who have completed their continuing education with a particular provider but they have not paid the provider and the provider submitted the name and credits to the Board Office. This creates the situation of the Board Office having to find out when the reporter paid the provider. Suzanne Stinson would like to ask the providers to only submit the names that have actually paid the participation fee as part of their completion of continuing education credits. Suzanne Stinson made a motion that this policy will be recognized as an internal policy of the Board Office. May Dunn second the motion, and the motion passed unanimously. REPORT OF THE OFFICE ADMINISTRATION COMMITTEE: Vincent Borrello, Jr., Chairman reported that the office has received a Reciprocal Application from Ms. Angela Robertson, 430 Mayfield Drive, Bossier City, LA 7111. Ms. Armentor has found all paperwork in order and we request final approval for a reciprocal license to be issued. Suzanne Stinson seconded the motion, and the motion passed unanimously. Vincent Borrello, Jr. reported that the Committee has met on several occasions and that allot was discussed. The Committee recommends that the last 26 words of the fourth paragraph, of the Ethics Advisory Notice that was mailed out with the seals this past renewal season, be held in abeyance until such time the Legislative Committee can visit this matter for possible legislation for Louisiana recognizing digital signatures and what legislation could be introduced for this legislative session. Suzette Magee seconded the motion, and the motion passed unanimously. Laura Putnam asked if anything has been drafted. Vincent Borrello, Jr. stated that nothing has been drafted. I believe there are some legal issues as far as whether the Board has the authority to recognize digital signatures in our rules or whether the Board has to do it through statutes. I had contacted Texas and the Texas Board advised me that they had changed this by statute. That it was not in their authority for Texas to recognize digital signatures through the Board through their rules that it had to be done through statute. Gail Freese stated that it was her understanding, that at the last committee meeting they had left it to find out whether or not it was actually statute or interpretation of rules. Mr. Borrello, Jr. agreed. Vincent Borrello, Jr. state that we don’t know that it is in fact statute or rules. Mr. Borrello, Jr. restated his motion that it would be turned over to the Legislative Committee if we need to pursue that avenue by having a bill drawn up to make it statutory. I don’t know if the Board can interpret the rules as they are written to say that we can recognize digital signatures. The rules were written many many years ago when digital signatures didn’t even exist. David Marcello stated that the safest way to incorporate digital signatures would be through statutes. David Marcello reported that he had checked with the office of the Secretary of State and their authorization to accept digital signatures is through statute. David reported that he suspected there were court reporters that would be glad to help with drafting such legislation. Mr. Borrello, Jr. made a motion to pursue digital signatures through legislation. Laura Putnam seconded the motion, and the motion passed unanimously. Mr. Borrello, Jr. added that the committee should meet again before the legislative session and thereafter to determine what results have to be taken as far as the ethics rules go. We don’t intend to hold this in abeyance for a year or however long. This is something that we want to address now. Those individuals who are interested in helping with the proposed legislation please attend the committee meetings. Mr. Kaisers letter was brought up in that he stated that he didn’t believe that it needed to be done by legislation. David Marcello responded that what he seems to be saying is that the Civil Code Article 3344 doesn’t apply to this question. I don’t quarrel with him in that regard. He says in the second to last paragraph the conclusion, “No change in any of the laws governing court reporters and the taking of depositions with which I am familiar (and I think I have seen them all) would be needed for the Board to authorize electronic signature and electronic file transfer in my opinion. David Marcello has suggested that the safest way for the Board to do this is by statute. I don’t believe we are in any big conflicts. David Marcello stated that there are a whole host of associated laws that need to be looked at in terms of this authorization. NEW BUSINESS: B. Mary V. Thompson – requesting reinstatement. Ms. Thompson is present. Ms. Thompson is currently an active RPR. Mr. Borrello, Jr. made a motion to reinstate Ms. Thompson as long as she fulfills her requirements up to date with all applicable fees. Gail Freese seconded the motion. Ms. Thompson is requesting a waiver of back fees because she didn’t understand the Inactive Status rule due to the fact that she did practice in Federal Court. Mr. Borrello, Jr. amended his motion to waive half of the back fees and that fees are payable within the next 30 days. A vote was taken and the motion passes 7 to 1. Dion Young voted against. D. Suspension, Revocation, and Reinstatement Rules. Requested by Phyllis Pool. Judge Fuselier asked if anyone was prepared to discuss this item and there being no one this item is tabled until the next meeting. E. C. E. Suspension List – Tonya Armentor, Office Administrator presented. Tonya reported that two individuals had to be marked off of the list because they were granted reinstatement at the last meeting. It is requested that the Board approve the remainder of the C. E. Suspended List. Suzanne Stinson made a motion to approve the list as presented. Dion Young seconded the motion, and the motion passed unanimously. Ms. Tracy Heddon was in attendance and would like to appeal to the Board not to be suspended for not obtaining the required c. e. credits but to be granted additional time to turn them in due to uncontrollable circumstances. Dion Young made a motion to exclude her from the suspended list and to give her until the March 14, 2009 Seminar to obtain her c. e. credits. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. F. Renewal List – License renewals received since last meeting. Tonya Armentor, Office Administrator asked to table this matter until the next meeting. G. LIAA Seminar approval for office employee. Tonya Armentor, Office Administrator is requesting attendance at this seminar to be held in Baton Rouge, April 1-3, 2009. Suzanne Stinson made a motion to approve. May Dunn second the motion and the motion passed unanimously. Gail Freese made a motion to add two items to the agenda at this time. The first item is in dealing with the Handbook. The second item is to discuss the transcript in the Stockman matter. Suzette Magee seconded the motion, and the motion passed unanimously. Gail Freese stated that the Handbook has not gone very far and in light of all the major issues facing the Board that she would like to make a motion to table the writing of the Handbook at present. Suzanne Stinson seconded the motion, and the motion passed unanimously. Gail Freese made a motion to have the Board obtain a complete transcript of the Stockman Hearing. Vincent Borrello, Jr. seconded the motion and a vote was taken. The motion fails 3 to 4. Suzette Magee made a motion to adjourn. Vincent Borrello, Jr. seconded the motion, and the motion passed unanimously. There being no further business the meeting adjourned.
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