Kay County Justice Facilities Authority
The Trustees of the Kay County Justice Facilities Authority
met in their first special session at ,
Temporary Chair Dee Schieber called the meeting to order (). Those present were as follows: Trustees – Dee Schieber, Everette Van Hoesen, Norris Frederick, Anthony Street, Wes Young, Jim Stieber, Carl Giddens, Bruce Robinson, Darrel Grossardt; District Attorney Mark Gibson; First Assistant District Attorney Will Clark; Attorneys – David Cummings, Brent Clark; Wayne White, Newkirk Herald; Ponca City News; Tammy Reese, County Clerk/Secretary (see sign-in sheet).
Introductions of Trustees were made with each trustee identifying their name and location.
Oath of Office was performed by District Judge D. W. Boyd
with each trustee reciting after the Judge they will obey and defend the
Constitution of the
Execution of Trust Indenture and discussion regarding
indenture, rights, powers and authorities was made by Attorney David
Cummings. Mr. Cummings introduced
Attorney Brent Clark and explained his position. He then noted that the Kay County Justice
Facilities Authority and appointment of Trustees was created last Friday. Cummings said the “Beneficiary” is
Cummings added that the Trust Indenture formed nine trustees
with authority to administer, develop, construct, remodel, make alternations,
etc. in such manner considered a proper and lawful function of the public
trust. Noting that money to fund these
projects would either be funded by the Board of County Commissioners or asking
the people of
Motion was made by Norris Frederick and seconded by
Motion was made by Norris Frederick and seconded by Dee Schieber nominating Carl Giddens as Vice-Chairman. Motion carried.
Tammy Reese, Kay County Clerk shall serve as Secretary-Treasurer of the Authority. Reese may select someone in her office to serve as an Assistant Secretary-Treasurer in her absence.
David Cummings presented each trustee a set of By-laws.
Motion was made by Darrel Grossardt and seconded by Dee Schieber to take the by-laws home to study and review before adopting. Motion carried.
Brent Clark, a Bond Lawyer, stated he has worked with jail
efficiencies and with jail inspection experts.
Mr. Clark said out of the nine jails he has worked on in
Brent Clark mentioned statutes on conflicts of interest – stating an electrician or a contractor should not serve on this board.
Mr. Cummings said we would educate as we go and although the trustees are not elected by the public they would still come under the same statutes as a public official - everyone being entitled to know what is going on, resembling government agencies, concerning public bidding, etc.
District Attorney Mark Gibson spoke with the group regarding
the Open Meeting/Open Records Act. Gibson began by saying, “we are in a crisis;”
“we greatly appreciate your willingness to serve and you are needed
greatly.” We want you to have the best
information you can to move forward and need to do so as soon as possible. Gibson spoke about the process and time frame
Mr. Gibson spoke of change in Legislation and how it has affected county jails. He also spoke of the overcrowding problem and the fact we have more and more crimes with those felonies being handled at county level instead of prison.
Gibson addressed the basics of the Open Meeting Act by highlighting the following few:
a) What you can and can not talk about
b) Majority – any four, three, or two trustees can discuss jail issues, but when you add 5th member you can not discuss (outside of an open meeting); initial violation if you do
c) Everything you do is public, with few exceptions
d) Executive Sessions – Gibson advised the trustees to not schedule an Executive Session without talking to him first. Gibson said the District Attorney is the guru of the county and it must come directly from him. He added there are very limited purposes to use Executive Sessions and again reiterated they must see District Attorney Mark Gibson first.
Attorney David Cummings asked Gibson to respond about the media. Gibson said he was not prepared to advise on the media, but said trustees can speak with whoever they want. Gibson added if trustees are not comfortable talking to media then they certainly don’t have to. He also said the seven trustees need to talk, tell, and educate the public.
Trustee Norris Frederick questioned communicating via notes
and e-mailing. Gibson said any
correspondence between members is an open record and needs to be kept and filed
Mr. Gibson thanked the board for serving and said they need to move as soon as possible.
Current Status of Jail:
Sheriff Van Hoesen said he would like trustees to tour the
Kay County Jail and other jails in
Attorney David Cummings said we might update trustees on where we are at this point.
Commissioner Dee Schieber said because of the $95,000 fines, minor problems have been fixed, but not the overcrowding. Schieber reported 16 doors were fixed by the Commissioners. Schieber said State Fire Marshal wants to make sure progress is being made.
First Assistant District Attorney Will Clark spoke relating
to the $95.000 fine.
The current jail is a 108 bed facility, State Department of Health reported that the county needs to get the inmate population down to that number and keep it there, or rebuild or remodel.
2) State Fire Marshal is the second issue and the jail must
operate under their regulations. The
issues we have faced with the State Fire Marshall are the sprinkler system and
the doors (locking and unlocking).
Other topics discussed: 1) Procedures of evaluating the county jail needs and possible solutions to address those needs. 2) Schieber said he would eventually like to see a jail administrator hired; discussed starting pay for administrator. 3) Sheriff Van Hoesen mentioned staffing problems; transporting juveniles to Hooker; Oklahoma Juvenile Affairs not wanting a juvenile detention. 4) Darrel Grossardt asked if we needed to start process with jail administrator; Attorney David Cummings said he would like an administrator to go through the process with us.
Motion was made by Darrel Grossardt and seconded by Carl
Giddens to solicit resumes for a jail administrator and to have them sent to
Motion was made by Grossardt and seconded by Giddens to meet
Meeting adjourned at
Approved this _____ day of __________, 2007.
Bruce Robinson, Chairman
Secretary, Kay County Justice Facilities Authority