The Alabama Professional Bail Bonding Board Board July 31, 2020 Meeting Minutes

The Alabama Professional Bail Bonding Board
Meeting Minutes

July 31, 2020

With proper and required notice having been provided to the Alabama Secretary of State’s Office along with posting on the websites of the Alabama Secretary of State and the Alabama Professional Bail Bonding Board, a meeting of the Alabama Professional Bail Bonding Board was held on July 31, 2020, at the Office of the Alabama Professional Bail Bonding Board, 60 Commerce Street, Suite 1440, Montgomery, Alabama.  The meeting was called to order at 10:06 a.m. by Chairman Chris McNeil.

A quorum having been established; the following Board members were present:

District I:  Chris McNeil

District II:  Gus Maxie

District III:  Barry Johnson

District IV:  Alesia Kyser

District V:  Victor Howard
District VI:  Jimmie Lay

Judge:  The Honorable Spiro Cheriogotis

The following Board members were not present: District VII:  Edward Giles (was present by Zoom/not voting) and Circuit Clerk: The Honorable Carla H. Woodall

Also, in attendance was John Selden, Alabama Attorney General’s Office, Board Attorney; Claire Austin, Executive Director; Brenda Holden, Administrative Support; and Andre Mitchell, Investigator.

Unless otherwise stated, all votes of the Board were taken by a show of hands.

The meeting was opened with prayer by Edward Giles.

A motion to approve the agenda was made by Barry Johnson and seconded by Jimmie Lay.  Motion passed unanimously.

The minutes of the June 10, 2020, meeting of the Board was reviewed by all members present.  A motion was made to waive the reading of said minutes and approve as submitted by Jimmie Lay.  Motion seconded by Barry Johnson.  Motion passed unanimously.

The Board decided to move on to the Executive Session in consideration to those waiting to come before the Board. Jimmie Lay made the motion to go into Executive Session for 30-minutes which was seconded by Barry Johnson.  A roll call was made to all attended members which voted in favor of the motion. Executive Session started 10:09.

Jimmie Lay made a motion to return from Executive Session at 11:40 a.m., seconded by Barry Johnson and approved after a roll call was completed. The Board Chair Chris McNeil called for a vote on those being considered by the Board. The Board approved 5 applicants, they agreed to approve one additional applicant once the copy of their pardon is received, and two applicants were denied.  Jimmie Lay abstained in the vote of one of the applicants. Names of applicants were purposely withheld from the minutes to protect their good name and character.

Another call for Executive Session was made by 12:09 p.m. to discuss an additional applicant by Jimmie Lay and seconded by Barry Johnson for 15 minutes. Motion failed due to more discussions and no voting. Motion was made again by Jimmie Lay at 12:11 p.m. for Executive Session and seconded by Barry Johnson for 15 minutes and a roll call confirming approval was made.

At 12:16 Jimmie Lay motioned to return from Executive Session and seconded by Barry Johnson. After roll call approval was provided.  The Board voted on one additional applicant stating that additional information will be needed and instructed the Executive Director to obtain additional information. Again, the name was withheld intentional.

The Executive Director’s Report was presented to the Board by Claire Austin to include the number of applications received, licenses issued, applications to be reviewed, the number of applicants denied, and a financial update.

Old Business brought up an update on applying to be a vender with ALEA. The discussion included the fact that the fee would go from $25 to $38 for the background check but that it would also include the NCIC report which is needed by the Board.  At a previous meeting, the Board voted to extend the range of dates allowed on the ALEA background check to be up to 180 days old so that applicants could use the same ALEA report supplied for the June 1^st deadline for the October 1^st renewals. A motion was made by Judge Spiro Cheriogotis and seconded by Barry Johnson to return to the 90 days after the October 1, 2020 renewal period.  All voted in favor except for Jimmie Lay who opposed.  The motion passed.

The Board took a 20-minute break at 12:22 and retuned to business at 12:42.

The Board discussed again about the Executive Director distributing a report of all currently-licensed professional bondsmen, professional sureties, and recovery agents to the Presidents of the Alabama Circuit Clerk’s Association, Alabama Presiding Judge’s Association, and Alabama Sheriff’s Association asking if they would forward said-report to their membership so as to inform them of those who had properly obtained their license as now required by law.  A recommendation was made to also include a list of all applicants being processed but have yet completed all the requirements for the license.  It was also determined that another letter be sent to all known individuals and companies still operating without a license or application on file informing them that they have 14 days to come into compliance or face the possibility of being charged with a Class A Misdemeanor; which could include up to 1 year in jail, and a fine up to $6000.

The next meeting of the Alabama Professional Bail Bonding Board will be set later.

There being no further business, motion to adjourn was made by Jimmie Lay and seconded by Judge Spiro Cheriogotis.  Motion passed unanimously.  Meeting adjourned at 1:31 p.m.

Respectfully submitted:

______________________________
Chris McNeil
Chairman

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Brenda W. Holden
Acting Secretary