Board Meeting (4/14/2015)

Meeting Minutes and Notes

NC Board for Licensing of Geologists

Minutes

Office of Upton Associates, Raleigh, NC

April 14, 2015

The conflict of interest statement was read by Board chair Lindsey Walata.  Board member Kenneth Taylor noted that, as the State Geologist and employee of the NC Department of Environment and Natural Resources, he will refrain from participating in the deliberation or taking any action by the Board with respect to any application for licensing submitted by an employee of the Department.  Dr. Miller stated that during the January 8 meeting of the Board, Board Counsel Phillip Reynolds indicated that as there would be no financial impact or pecuniary gain for Dr. Miller as a result of his relationship to Dr. Wilcox, that there was not an actual or potential conflict of interest and Dr. Taylor would participate in the action item relating to Dr. Wilcox.  The meeting was called to order at 9:15 am by Ms. Walata.  Present for the meeting was Chairman Walata, Board members Kenneth Taylor, Rick Kolb, Bill Miller, and Board member John Stevens who participated in the afternoon session only, Board Administrator Barbara Geiger and Mary Lucasse, Board Counsel were also present.

Welcome and Introductions

Ms. Walata welcomed everyone to the meeting, noting that Steve Miller was unable to attend the meeting and that John Stevens would join the Board at lunch where Jennie Hauser and Phillip Reynolds will be recognized for their service to the Board.

Approval of Minutes

Following review of the minutes of the January 8, 2015 meeting of the Board, motion was made by Kenneth Taylor to accept the minutes as amended.  The motion was seconded by Bill Miller and carried.  The amendments included a correction to Matt Wallace’s name (page 2/paragraph 2) and a comma for clarification in paragraph 3.

Financial Report

The third quarter financial report was reviewed and discussed.  On motion by Mr. Kolb and second by Dr. Taylor, the report was accepted by the Board.

Administrative Report

License Update/Exam

Barbara Geiger informed the Board that as of this date there were 1343 active individual licensees and 243 active corporate licenses.  Ms. Geiger noted that the March 6, 2015 administration of the ASBOG exam was held at the McKimmon Center with ten candidates taking Part 1 (FG) and nine candidates taking Part 2 (PG).  Ms. Geiger noted that due to the weather, ASBOG had allowed for a make-up exam and that one candidate took advantage of this opportunity to take Part 1 on the make-up day.

Complaint Flowchart and Form

Ms. Geiger distributed copies of a flowchart, which was developed by Dr. Miller in 1998.  Dr. Miller will locate the document and send it to Ms. Lucasse.  Board members were asked to review the flowchart and to send comments to Ms. Lucasse by April 21, 2015.  Ms. Geiger was asked to send the proposed complaint form to Ms. Lucasse by this date.

Website Update

Ms. Geiger informed the Board that she had met with ClickCulture regarding issues with the website and necessary updates to ensure that the 2015-16 license renewal runs smoothly.  She noted that the original estimate from ClickCulture was $7400 but that the estimate was negotiated down to $5000.  Following discussion of the updates, motion was made by Bill Miller to authorize up to $5000 to update the website.  The motion was seconded by Rick Kolb.  During discussion, it was decided that the work to be done should be put in writing and that the $5000 would be paid upon completion of the fully functioning site.  The motion carried unanimously.

Records Management

Ms. Geiger shared proposals from four firms for scanning of the Board’s current licensee files.  There was discussion regarding retention of the paper records.  Barbara was asked to send the Records Retention Schedule to Ms. Lucasse for her review.  The schedule will be placed on the agenda for the August meeting for possible revision.  Revision to the schedule must be made and submitted for approval to the NC Department of Cultural Resources.  Dr. Taylor inquired of the records accumulated by Board members during their term on the Board and the disposition of those records.  Discussion of this item will be placed on the agenda for the August meeting.

Motion was made by Rick Kolb to engage COR365 to scan the active files of the Board at a cost not to exceed $3400 and to engage COR 365 to store these files at the cost of $30 per month until further notice.  The motion was seconded by Bill Miller and carried.

Legal

Unlicensed Practice Complaints Update

Ms. Lucasse reported on the complaint received regarding unlicensed practice by Frank Anastasi.  She informed the Board that she was involved in negotiation and discussion of the complaint with Mr. Anastasi and that Mr. Anastasi has plans to apply for approval to take the ASBOG exam and is interested in applying to receive permission to provisionally practice in the interim.

Ms. Lucasse provided the Board with a draft letter of concern to Dr. Wilcox regarding the complaint of unlicensed practice against him.  Dr. Taylor made a motion to send the letter of concern to Dr. Wilcox based on the additional information collected, informing him  of the law, rules and exemptions regarding the practice of geology in NC.

OAH case

Ms. Lucasse reported that a decision is pending in the case referred to the Office of Administrative Hearings by the Board and that once the decision is made that the Board will be required to act within a defined period.  She noted that a decision is expected in May and if received, the Board could deliberate during the August 11, 2015 meeting.

Ms. Lucasse brought several current legislative bills to the attention of the Board.  They are:

Legislative Committee SB 361

This Senate bill is the study of occupational licensing Boards and has passed the first reading.

Occupational Licensing Board Reporting Requirements SB 469

The purpose of this Senate bill is to improve reporting requirements as required by NC GS § 93B and also includes an increase in the allowable per diem.

Workforce Enrichment/Veterans SB 545

This Senate bill allows for military applicants for occupational license to receive certain concessions regarding the translation of education and experience requirements.  Dr. Taylor noted that he had researched all four branches of the military and that he found no military occupation related to the geology profession.

Board Training

Ms. Lucasse provided Board training on the Open Meetings Law and the Public Records Act.  Ms. Lucasse encouraged Board members to take advantage of the Board email addresses as provided.  It was noted that approved Board minutes should be uploaded to the Board website.

Board member John Stevens joined the meeting.  The conflict of interest statement was reread.  No conflicts were noted by Mr. Stevens.

ASBOG/COE Reports

Reports submitted by Board designated attendees Dennis LaPoint and Bill Harris were received and reviewed.

SEGSA Conference Report

Dr. Miller gave the report for the SEGSA Conference noting that the NC Board shared a booth with ASBOG in order to share information regarding licensure.  He noted that there were an array of individuals in attendance, including students and professionals.

Old Business

NC Mining and Energy Commission Update

Dr. Taylor reported that the NC Mining and Energy Commission is slated to dissolve July 31, 2015 per the Statute.  Ms. Walata thanked Dr. Taylor for his time and efforts serving on the Commission.

Complaint Database

Barbara Geiger noted that staff is working on a complaint database which will allow multiple reports to be generated, providing an accurate history regarding complaints filed with the Board.

New Business

1st Annual OLA Best Practices Seminar

It was noted that the First Annual Occupational Licensing Boards Best Practices Seminar would be held on May 5th and that Board Chair Rick Kolb, Board Administrator Barbara Geiger and Board Counsel Mary Lucasse would attend.

Elections

Lindsey Walata gave an overview of the positions of the Board.  Bill Miller nominated Rick Kolb for the position of Chair.  The motion was seconded by John Stevens.  John Stevens nominated Bill Miller to assume the position of Vice Chair.  The motion was seconded by Rick Kolb.  Kenneth Taylor nominated John Stevens to continue in the position of Treasurer.  Rick Kolb seconded the motion.  Ms. Walata called for a vote on all three motions.  The motions carried unanimously..

Per NC GS § 143-318.11(6), motion was made by Rick Kolb to move into closed session.  The motion was seconded by John Stevens and carried.

Working Session

During the working session, the Board heard from Ms. Lucasse regarding an advertising case that was referred to the Board from the NC Board of Examiners of Engineering and Land Surveying.  The firm was sent a proposed letter of reprimand and has not contested the letter.  On motion by Kenneth Taylor and second by Bill Miller the Board voted unanimously to accept the letter of reprimand and the letter of reprimand will be placed in the file of the licensed firm.  Mr. Kolb recused himself from the vote.

Motion was made by Dr. Taylor and seconded by Dr. Miller to allow the Board Administrator to conditionally approve corporate applications for license between quarterly Board meetings to expedite approval to allow those firms to practice geology in North Carolina.  The motion carried unanimously.

On motion by Rick Kolb and second by John Stevens, the Board resumed the open session.

On motion by Rick Kolb and second by Kenneth Taylor, the meeting was adjourned at 3:10 pm.

Respectfully submitted:

John Stevens

Secretary/Treasurer