The Alabama Professional Bail Bonding Board Board June 5, 2020 Meeting Minutes

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 June 5, 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 10:14 a.m. by Chairman Chris McNeil.

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

District I:  Chris McNeil
District III:  Barry Johnson
District IV:  Alesia Kyser
District VI:  Jimmie Lay
Judge:  The Honorable Spiro Cheriogotis
Circuit Clerk:  The Honorable Carla Woodall

The following Board members were not present:

District II:  Gustavius Maxie
District V:  Victor Howard
District VII:  Edward Giles (was present by phone/not voting)

Also in attendance was Madeline Lewis, Alabama Attorney General’s Office, Board Attorney; Claire Austin, Executive Director; and Brenda Holden, Administrative Support.

The previously-set May 14, 2020, meeting of the Alabama Professional Bail Bonding Board was moved to June 5, 2020, due to time requirements/restrictions on Board action of the Rules and Regulations. Unless otherwise stated, all votes of the Board were taken by a show of hands.

The meeting was opened with prayer by Jimmie Lay.

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

The minutes of the April 14, 2020, meeting of the Board were 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 Executive Director’s Report was presented to the Board by Claire Austin to include number of applications received, financial update, website performance, office space, efforts to communicate to potential licensees, processing of payments, license certificate.

Discussions were held that after July 1, 2020, the Executive Director would contact the Presidents of the Alabama Circuit Clerk’s Association, Alabama Circuit Judge’s Association, and Alabama Sheriff’s Association asking if they would report to the Board the name of any bondsman/recovery agent currently operating in their county that was not licensed by the Board.

Motion to accept the Executive Director’s Report was made by Jimmie Lay and seconded by Barry Johnson.  Motion passed unanimously.

A review and discussions were held of the Rules and Regulations of the Alabama Professional Bail Bonding Board.  A motion to amend the first sentence of the Rules and Regulations 153-X-4.01(2) to read “All licensees shall submit renewal applications in accordance with application requirements by September 1^st of each year to the Alabama Professional Bail Bonding Board to ensure renewal of a license by November 1^st for the renewal period” was made by Carla Woodall and seconded by Judge Spiro Cheriogotis.  Motion passed unanimously.

Motion to approve the Rules and Regulations of the Alabama Professional Bail Bonding Board as amended was made by Carla Woodall and seconded by Jimmie Lay.  Motion passed unanimously.

An update of the Continuing Education sub-committee was made by Chis McNeil of the upcoming meetings and need to complete.

The Board conducted a review of applications for licensure whereupon a motion was made by Carla Woodall upon advice of Board Attorney to adjourn into Executive Session as discussions of good name and character of applicants would be discussed.  Motion seconded by Barry Johnson.  Motion passed unanimously.

At 11:45 a.m. the Board adjourned into Executive Session and reconvened at 1:09 p.m.

Motion to approve business of the Board conducted while in Executive Session was made by Jimmie Lay and seconded by Barry Johnson.  Motion passed unanimously.

A discussion was held regarding overpayments by applicants.  A motion was made to give authority to the Executive Director to refund or credit overpayments based upon the applicant’s instructions when warranted.  Motion seconded by Judge Spiro Cheriogotis.  Motion passed unanimously.

A discussion was held to clarify that Professional Surety bondsmen licensed by the Department of Insurance are also required to be licensed by the Alabama Professional Bail Bonding Board.  Claire Austin communicated that this has been discussed and communicated to Professional Surety bondsmen who have inquired as well as the Alabama Department of Insurance that the requirement is with each entity.

A discussion was held regarding the age of submitted ALEA background checks and possible delays in ALEA completing background checks due to COVID-19 pandemic.  A motion to allow background checks submitted for initial application in year 2020 also be utilized for renewal applications in year 2020 was made by Carla Woodall.  Motion died for lack of a second.

A motion was made by Chris McNeil to change the requirement on the application for licensure that the ALEA background check must have been performed within 90 days to 180 days of application date when submitted for licensure/renewal.  Motion seconded by Barry Johnson.  Motion passed unanimously.

At 1:25 p.m. Madeline Lewis left the meeting.

A discussion was held regarding manual processing fees, wherein it was determined the Board has no authority to assess manual processing fees.

A motion was made amend the hours of the Executive Director from 35 hours per month to 38 hours per month maximum.  Motion seconded by Carla Woodall.  Motion passed unanimously.

Further discussion was held regarding the Continuing Education sub-committee members, and the Chairman appointed Barry Johnson, Chris McNeil, and support staffer Will Parker as additional members of the sub-committee.

The next meeting of the Alabama Professional Bail Bonding Board will be set and announced in accordance with required notice by Chairman Chris McNeil.

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 1:41 p.m.

Respectfully submitted:

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Chris McNeil
Chairman

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Carla Woodall
Secretary