Independent Citizens Commission

It has to be taken care of ninety days prior to the session my name's Andrea Lea I'm auditor state my office is tasked to staff of this commission awkwardly since you vote on constitutional officers Hey so if anyone's listening please pass this over to BLR instead of us We are. We I and hello I think they are listening we are being live streamed commissioners police talk into your microphone with us my office is done occur she will be taking the minutes Also with the attorney general's office is Doug House Doug House will be here to answer any questions or give you any guidance you might need if you look through your packet what we've tried to include we have an example of the letter that was sent last year I have one prepared for you all to sign today as well we have the minutes which you're going to need to vote on we have Mister banks resignation letter and we have other letters all of these have been sent out to you to your email so you've had them before but we went ahead and put it in the packet it's very simple agenda we have created for you starting with the election of a chairman I'll oversee that and then that chairman can oversee the election of the vice chairman and I would like that to happen quickly so I can exit the seat but actually now that I think about it I Mr house I don't think until the fourth person gets here we can take any action. So we're waiting on to commissioners. So what is the wish of the commission at this time is there anything you want to do do you want to pause until the other commissioner gets here yes okay sounds good we're going to go ahead and PAS into the other Commissioner arrives thank you. All right we have a quorum so Mr may just to fill you in you know I'm not on this commission so I am just going to kick you off and I will entertain a motion for a chairman. Is anyone have a motion for a chairman I make a motion for justice Senate bill top second. Okay all in favor I. All opposed. You can vote for yourself it's okay I know some confidence. There we go all right then I will acknowledge that Mrs pardon me justice tech is now chairman of this commission and will take over the meeting from here. Thank you. Thank you for calling. Thank you. Yes I am learning that as the president of another organization having to speak into the Mike all the time First of all of thank you to the Secretary of State of the auditor and staff for getting this organized there was a question about who should call the meeting of because the amendment is not exactly clear when you don't have a chair so um I just want to point out for the record that we we will need to have of an appointment made to replace Mister banks and that has not been yet done yet for the record of myself. Mr Jonathan Rogers Mr Adams Zimmerman. And Mister Tommy may our president and I'll be clear that a quorum now we go to after the election of the chairperson we go to the election of the vice chairperson and I will entertain a motion for that. Madam chair and I'd like to nominate timing may. Second. Do you accept the nomination in the yes ma'am. Okay. Your phone number. Well I don't know if under the freedom of information act we can have private conversations. But anyway I I'm going to call vote then all in favor of Mister Tommy may as vice chair. I. And you can vote for yourself Tommy. One time. Now our last meeting was a little less than a year ago and we had the meeting here on November the seventeenth the minutes are included in your packet. and we were at that time of discussing. And having presentations of concerning The information we had requested we have presentations by Mary Garrity of B. L. R. Dr Scott graves of the AOC and Roy Ragland Chief of staff and Buddy Johnson House parliamentarian this was really background information for us on the duties of all of the of personnel the that are involved in requesting of salaries of increases we've never had a salary decrease request in any event and also just to note our last meeting when we. September the night of when we increased the general to the General Assembly per diem and mileage so of what I'm going to ask is for a motion to approve of the draft minutes of November seventeenth two twenty two thousand twenty one madam chair and I saw my second. All in favor say aye hi so all the minutes of the last meeting approved. Now We are Are commissioned by the amendment two as just mentioned by the auditor of state to meet before the General Assembly meets and we have received letters of from different state officials requesting salary increases. As I recall it and please correct me if I'm wrong. What's up we what I'm going to ask is that there be we ask each each group that's here. To account give us any information they want usually we have information given to us by the administrative office of the courts about salaries in other jurisdictions through the center on state courts is that correct Marty. Okay the well anyway we usually and we also usually get a report. On the state of funds which would come from. shall not. Yes yes Mister shall not so This meeting will be basically to make any requests for information you want but also to acknowledge the request by of the difference officials and what I thought I do is of start with I noticed That the. Representative of the judicial council is here judge Keaton you are of course representing the judicial council and if you would if you have anything other than what's in your letter We would love we noticed you know that your. You're clearing cases albeit COVID had a problem. With that right because the big problem if you will take your seat at the end and to speak into the Mike so this can be recorded or. Yeah. And please of. Give us whatever summary of your request and in a. Any information that you can provide in support of that request all right of. Yes we did despite COVID we did continue the judiciary to close cases course remained open of we use soon and other methods to continue to address the needs of the citizens of who had judicial issues. Our request now is as a result of inflation Governor recognized in February that thank you Brenda two percent increase due to the inflationary concerns and the population and then later and I was to all state officials that did not touch the judges and then five percent in may. A merit increase for state agencies and we're just asking that we be included in those concerns in those increases conservation it affects us this will and we continue to do the people's business handling cases and close in cases at a high rate. Now you're representing the judicial council all the states circuit court judges courts of appeal and justices of the Supreme Court is that's correct that's correct so is there anybody else here I notice judge. Harrison is here from the court of appeals and I presume of judge Kate and speaks for you on this issue yes ma'am okay of. Anybody else judge fears just speech for you also okay. Okay thank you. We say one more thing just on the Chief Justice camp camp would be here but he sworn in the new. Laureus at this time actually there swearing and a whole slew yes yes. I I realize that well thank you and I would in view of that request we will take it under advisement because I do think we need to get the information that we have traditionally been given by the administrative office of the courts. Impairing so judicial salaries at all levels of that is provided by the national center on state courts. Is there anything else Marty that you normally have to provide. I I thought that was everything. Okay thank you very much yes madam chair has this issue been discussed. In the past. Relative to one day or that day were not included in the. Yes. Well because of this amendment I presume. we are the only ones that can give them a change in salary. they are not under the executive branch. That would be my interpretation of. Correct. And the so that is the reason it's not automatic. Thank you. Thank you very much to educate and thank you appreciate it. and to point out that there is a letter of from the Chief Justice in our packet. also we have a request from the district judges on is there a representative who wants to speak on behalf of the district judges Hey. Why don't you come up and speak into the microphone K.. My name is Kate Palmer and I'm the executive director of the Arkansas district judges council. We believe they believe that their letter stands for itself okay. Thank you and just for the record they're requesting a total of seven percent which would be the two percent given by the governor in February and the five percent that was given in merit raises it may. Okay that will be noted thank you very much. And of the prosecutor coordinator's office is there a representative on behalf of the prosecutor please come forward. And as you have a seat and just tell us both of your names and who you represent. Good morning my name is Theresa how will on the president of the Arkansas prosecuting attorneys association I'm also the elected prosecuting attorney for the seventh judicial district in Arkansas I'm here with Matt Durrett who is up in the fight bill Northwest Arkansas and I have a couple other prosecutors with me today and also our deputy prosecutor coordinator Lori computer is a first of all we want to thank the commission for giving us the opportunity to present to you today and and hear these requests we support the judge's statements that have been made through their letter and then also there statements today with the increase that has been requested if you go back and look historically at your records hi the prosecutors were brought into the commission in two thousand fifteen and that's when the announcmenet was set for the ninety five percent of the circuit judges and so for a full time prosecuting attorneys are salary has been set at ninety five percent of the circuit judges and that are part time prosecutors we have just a few of those or set it eighty five percent I believe of our salaries of the full time salaries but it's there the letter for you and this goes back to the seventies and the percentages have changed through the years I've been higher than lower but then since two thousand fifteen when this commission came into play it was set at that ninety five percent of the circuit judges and so we would ask for that to be recognized and approved as well again we support everything that the judges have sent with their case load what they've been dealing with an inflation and that the going through the COVID backlog and I have worked diligently with that and we have worked right there beside them as well so we would ask the commission I take that in consideration and and bring us up with the judges to that ninety five percent if you see fit to increase that salary so this time I will take any questions. and we have should this store called the data with this as well if anyone has that. Any questions. Okay thank you thank you very much I was thinking about going back to the issue of. Of the the case load and this would be that it'll it'll be indirectly obviously affect prosecutors because. Any raises dependent upon circuit judge yes yes ma'am I would like to get from the A. O. C. the. Number as it the most recent numbers on case dispositions and you know for each judicial district not just total I know you you said in your letter ninety three percent moved through but I'd like to have what you normally produce for the judicial annual report as current as you can get. I realize it probably won't have. Well I don't know what might have twenty one twenty two I'm not sure. Of whatever is the most recent. Thank you. Mr may got any anything you want to ask okay. What else was. Yes. Yeah. The five percent the governor of the pope was not a merit raise across the board all it was know what the governor did is said everyone was supposed to take the agencies were supposed to take five percent of their salary budget and appropriate that for merit so not everyone receive five percent some received one two depending on merit just for clarification that that's fine thank you for. Yes sign that you you're correct on that is in any other group president I don't see a letter from any other group in the packet but that doesn't mean there's not one. Any one else would like to speak to the commission make a presentation. Thank you very much What I think we need to do now is set a time that will be reasonable for us getting this other information and to reconvene and review that information and consider these requests and act on them so if we can Let to Mister shall not know that we would like him to come to the next meeting. And bring on his report on I call I call it the financial state of Arkansas of the state of Arkansas because that is always helpful in how we look at these issues its once again the issue of balancing the budget so What I would like us to do for those who are here is to look at possible dates and then to have the dog on for you to send out these possible dates to those who are not present to see when they can come what I'd like to find out from Colonel houses. When do we have to have this decision made how many days before the session starts. Measure one decision needs to be made today okay that's the per diem okay Leding okay traditionally this commission is just sent the following G.. Right right that is to be done today okay to be provided yeah more than ninety days okay that that's that helps me. but there's no deadline on the others no man is matter of fact. Constitution requires just to. I'm sorry. Thank you licensed in this room. Of the constitution's requires you to meet to consider salaries once a year no less than once a year you just met yeah considered salaries so you've met that requirement this calendar year but other than that there's no deadline you may or may not approve salary increases decreases changes at your leisure okay thank you as long as it's clarity writing that I knew there was some kind of deadline but I wasn't sure what it was for so let's go ahead and and then we'll come back to what you've requested which is one of the one of the races going to affect last year that we made it adjustment on trying to find employment. Of. The fiscal year which is June. Two. So it seems to me we have always traditionally made decisions before. The first of the year as I recall it I agree and got our business done. So what I'm thinking is we need to. Look at October. In the We like to course use this room and I would assume course I know there committee meetings but I don't know if this room would be available I guess we'll just have to find that out okay. And I presume Fridays are the best. The. Are they DO Tomic okay so Look to give enough time. for the information to get to us. I would say. No October twenty one. That is a good day from eight okay fourteenth is not okay well I think yeah okay October twenty one or. Let's look at the next Friday. Which is. Twenty eight. Of those states look so let's send out October twenty one or October twenty eight to our colleagues. And I would also request that We. Whatever the protocol is for requesting an appointment of a replacement for Mr banks and who would be with that be the governor. Yes okay I know everybody service at the discretion so I'm I will reach out and see about that so as chair so just. Would be nice to have another member of the committee on board so I will work on that. Okay. So the as mentioned by colonel house we have of the letter from two years of golf with the of providing recommendations to for the amounts to be paid to the General Assembly for per diem and mileage for two thousand twenty one. This would be for two thousand twenty three. And it's required under the constitution that we make this decision today And we have traditionally follow the recommendations of. I guess you would call that the federal general services administration for per diem and mileage and I I'm aware that that's been pretty normal in standard in a lot of in use not just our venue so I entertain a motion to Follows the recommendations on per diem and mileage reimbursement for two thousand twenty three recommended by the GSM. Madam chairman I so move. My secretary thank you thank you any further discussion. If not I'll call vote all in favor of the motion and a second hi I. So we have approved that and if a letter can be prepared thank you. This is great I love it I got my staff. No I have I I mean this sincerely because we. We are using the Hollister of State staff and So I'm going to sign it immediately and it reminds me of the old days when the judge always had the meeting with the lawyers always had the order ready. Thank you very much and if you will provide provide have a copy so for public record and also for all of us to have. Thank you very much. Okay Is there any further business new business. If not I will adjourn the meeting until hi there October twenty one or October twenty eight. Thank you very much for coming and I'm sorry some of you had to travel so far but we appreciate it. Jeremy would it be appropriate to that. Make sure if recorded in the minutes that Appreciation yes or. retired chairman banks. The outstanding leadership that he has. Provided absolutely of that is most appropriate and I should have mentioned that chairman banks would has been the chair of this commission since it began. so in setting it up in the administration how to move forward how to operate. chairman banks was pivotal and I A. R. on behalf of all of us and of the auditor of state in the state of Arkansas I'd like it to be of record that we thank him for his public service in this arena but also in many arenas which where chairman banks is been active and wish him all the best and we will miss him thank you. We are Jr. Thanks.