Skip Maine state header navigation

Agencies | Online Services | Help

WORKERS' COMPENSATION BOARD Board of Directors’ Meeting December 7, 2004

A meeting of the Workers’ Compensation Board of Directors was held on Tuesday, December 7, 2004 at the Board's Central Office in Augusta (located in the AMHI Complex, Deering Building – Room 170, Augusta, Maine). Chairman Dionne called the meeting to order at 9:53 a.m.

ROLL CALL

PRESENT: Paul Dionne, James Mingo, John Cooney, Gary Koocher, Anthony Monfiletto, Rodney Hiltz and Joan Kirkpatrick.

MINUTES

  1. Draft Minutes (November 16, 2004 Board Meeting & Public Forum): Directors received and approved the draft minutes of their 11-16-04 business meeting and public forum.

Anthony Monfiletto MOVED TO APPROVE THE MINUTES OF NOVEMBER 16, 2004, AS WRITTEN; Joan Kirkpatrick seconded. MOTION PASSES 6-0-1. (Director Cooney abstained).

SUBCOMMITTEE REPORTS

  1. Personnel Subcommittee: Personnel Subcommittee Member G.Koocher reported the Personnel Subcommittee met with Board staff this morning to discuss the State’s hiring freeze, the Assistant General Counsel interviews that took place on 12-2-04 and the Worker Advocate interviews that will be held on 12-6-04, 12-7-04 and 12-10-04.

Anthony Monfiletto MOVED THAT THE BOARD HIRE JAN MCNITT FOR THE ASSISTANT GENERAL COUNSEL POSITION PENDING THE HIRING FREEZE WAIVER FOR THE POSITION OF ASSISTANT GENERAL COUNSEL; Rodney Hiltz seconded. MOTION PASSES 7-0.

EXECUTIVE DIRECTOR REPORT

  1. Hiring Freeze: Executive Director P.Dionne, referencing an Executive Order issued by Governor Baldacci on 11-24-04, stated the Governor has implemented a hiring freeze for all State agencies and noted the Board currently has seven vacant positions that will be affected by the hiring freeze -- three Worker Advocate positions, the Assistant General Counsel position and three Clerical positions.

Discussion: Directors and Staff discussed the other positions that may be affected by the hiring freeze (Staff noted the contract positions will need to be discussed at the beginning at the year); filing waivers with the Bureau of Human Resources to seek an exception to the hiring freeze (Chairman Dionne noted the Worker Advocate positions are crucial because of their overall impact on the system and remarked that the Assistant General Counsel position is also very important since it generates approximately $100,000 a year in penalty payments, which go into the General Fund) and the hiring freeze and how it will affect the Board’s hiring of Attorney Jan McNitt for the position of Assistant General Counsel (In response to an inquiry as to how the hiring freeze will affect the Assistant General Counsel position and whether the Board will need to ask Ms. McNitt to stay in her current position as a Worker Advocate until the Board receives approval to fill the position, Mr. Dionne stated the Board will have discretion as to where the greatest need is in determining how best to proceed with respect to keeping Ms. McNitt in her current position temporarily, or reassigning her to he Assistant General Counsel position at the Central Office in Augusta).

  1. Chapter 3 Form Filing Requirements: After acknowledging that that the Board has approved several Requests for an Extension of Time to comply with the filing requirements in Chapter 3 which state that all First Reports involving a day or more of lost time be filed electronically after 1-1-05, P.Dionne stated Technology Officer P.Fortier has received five new Requests, which were filed by Corporate Systems, GAB Robins, Acadia Insurance Company, Sedgwick Claims Management Services and Red Oak E-Commerce Solutions, Inc. and stated he recommends granting the requests for six months and to require the parties to come into compliance on or before 7-1-05.

CHAPTER 3 - FORM FILING

§ 4. Electronic filing

1. “Electronic data interchange” or “EDI” means the computer-to-computer exchange of business transactions in a standardized electronic format. Acceptable formats are (1) the State of Maine Proprietary EDI Format, and (2) an International Association of Industrial Accident Boards and Commissions (IAIABC) enhanced Release 01 Flat-File Format.

2. All First Reports of Injury (WCB-1) involving a day or more of lost time shall be filed with the Board by EDI not later than January 1, 2005.

3. All Notices of Controversy (WCB-9) shall be filed with the Board by EDI not later than July 1, 2005.

4. All Memoranda of Payment (WCB-3) shall be filed with the Board by EDI not later than January 1, 2006.

5. The Board, at its discretion by majority vote of its membership, may grant an employer, insurer or third-party administrator a waiver of the filing requirements of this section if the employer, insurer or third-party administrator establishes to the satisfaction of the Board that compliance with these requirements would cause undue hardship. For purposes of this section, undue hardship means significant difficulty or expense. The selection of EDI format is one factor that the Board may consider in deciding upon a request for a waiver. Requests for waivers should be submitted in writing and addressed to the Chair of the Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027.

6. The Board file shall include all electronic submissions, regardless of whether a paper copy is physically in the file.

EFFECTIVE DATE: June 1, 2004

Discussion:
Directors and Staff discussed the five entities, who administrator claims, requesting a six-month extension; IAIABC’s new electronic data interchange program --Release 3 (In response to Director Monfiletto’s inquiry as to when IAIABC expects to make its new EDI program available to the public, Mr. Dionne noted P.Fortier recently attended meetings in Minnesota at which time the IAIABC’s EDI Committee discussed how best to resolve the problems West Virginia is experiencing during it’s testing of the new program and that he will provide the Board with an update on the outcome of those meetings); P.Gore’s suggestion with respect to not penalizing parties for not complying with the new provisions in Chapter 3 for a grace period (Mr. Gore noted that some entities may be filing late for reasons beyond their control such as computer glitches possibly discovered after the parties migrate to an electronic data interchange program. Mr. Gore noted he has received some calls from Members of the Maine Chamber of Commerce asking about the new rule and their uncertainty as to whether they can meet the Board’s deadlines); Board staff performing tests on the new program at the end of this year (Mr. Fortier advised directors that he will be working with a couple of service providers who will be testing new electronic transmissions prior to the filing requirements going into effect on the 1st of January and noted the process should be fairly simple to begin with but that it may become more complex when the Board begins receiving electronic filings regarding workers’ compensation payments); a large number of employers using service providers who currently process workers’ compensation claims and are familiar with the Board’s rules and regulations, and staff’s recent communications with the State of Maine’s e-mail provider on the development of a system for employers who process very few workers’ compensation claims.

Gary Koocher MOVED TO ALLOW A SIXTY-DAY MORITORIUM ON FINES FOR PROBLEMS EXPERIENCED BY EMPLOYERS FILING FORMS ELECTRONICALLY AFTER JANUARY 1, 2005. (No action taken due to lack of a second).

Discussion:
Directors and Staff discussed Board staff gathering information on the matter for Board review and discussion at the next meeting.

Anthony Monfiletto MOVED TO ACCEPT STAFF’S RECOMMENDATION TO GRANT A SIX-MONTH EXTENSION OF TIME TO COMPLY WITH THE BOARD’S CHAPTER 3 FILING REQUIREMENTS TO RED OAK E-COMMERCE SOLUTIONS, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES, ACADIA INSURANCE COMPANY, GAB ROBINS, AND CORPORATE SYSTEMS; James Mingo seconded. MOTION PASSES 7-0.

  1. Augusta Regional Office: After advising directors that he has been advised that some issues have been raised with respect to whether the Board’s offices at 24 Stone Street meet ADA requirements, P.Dionne reported the lease for the office space the Board occupies at 24 Stone Street in Augusta will be expiring in October of 2005 and noted the Business Office is gathering information on other sites in the area that the Board may want to consider.

Discussion:
Directors and Staff discussed Board staff working with the State’s Leasing Officers on finding other buildings in the vicinity for the Board’s Augusta regional office, which the Board may want to combine with the Central Office at the same time if adequate space is available; the Department of Labor possibly combining it’s offices into one building and providing the Board with a subsidy for the space; taking into account the hearing officer’s caseloads at the same time since some Kennebec County residents are now being asked to travel to Bangor to attend a hearing (Mr. Case suggested holding all the formal hearing cases handled by the Augusta Regional Office in Augusta so that some employees will not have to continue traveling to Bangor to attend a hearing. In response, Mr. Dionne noted he has requested information on the hearing officer’s caseloads and stated the two hearing officers in Bangor that are helping with the formal hearing cases at ARO may be holding their hearings in Augusta to reduce the traveling time).

  1. Actuarial Study: Sec. 213 RFP Committee Member S.Minkowsky reported the Committee has concluded its interviews and noted the firm that scored the highest was Practical Actuarial Solutions, Inc. and stated the Committee recommends hiring the firm to perform the actuarial study required in Section 213 of Title 39-A.

James Mingo MOVED TO AWARD THE TWO-YEAR ACTUARIAL REVIEW CONTRACT TO PRACTICAL ACTUARIAL SOLUTIONS, INC. AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SIGN SAID CONTRACT; Gary Koocher seconded. MOTION PASSES 7-0.

GENERAL COUNSEL REPORT

  1. Pending Requests for Benefits Pursuant to §213(1): After advising directors that this morning’s hardship hearing has been continued to 12-16-04 because the case was filed prematurely and of the possibility of the case being continued again at that time due to the underlying litigation, General Counsel J.Rohde announced that the Board will be holding hearings on two pending Sec. 213(1) cases on 12-8-04 at 8 o’clock and again on 12-16-04 at 1 o’clock.

Discussion:
Directors and Staff briefly discussed the Board member’s availability on the afternoon of 12-16-04 (Directors Monfiletto, Dionne, Kirkpatrick and Koocher stated they will be at the hearing and Director Mingo stated he will not be available on 12-8-04 or 12-16-04).

  1. Superior Court Hearing (Marriner v. W.C.B.): After advising directors of a hearing before the Superior Court today in the case of Marriner v. WCB, Mr. Rohde stated Assistant General Counsel T.Collier attending the proceeding and will be updating the Board on the case at the next Board meeting.
  2. Request for Board Review of a Hearing Officer Decision Pursuant to §320: (Wade v. Southern Maine Agency on Aging): After acknowledging receipt of a Request for Board Review from Hearing Officer R.Dunn dated 11-30-04 asking for clarification on whether an Answer to a Petition claiming incapacity benefits satisfies the requirements of Board Rule 1.1, J.Rohde informed directors that Hearing Officer R.Dunn issued a decision in the Wade case on 11-23-04 and filed a Request for Board Review on 11-30-04, which the Legal Division received at the Central Office on 12-3-04. Mr. Rohde stated the case will appear on the next agenda for Board action on whether to grant or deny the Request.

Discussion:
Directors and Staff discussed the Request being filed timely; the Hearing Officer’s 11-23-04 decree regarding the employee’s Petition for Award, which was filed with the Board on 3-25-03 and the hearing officer’s receipt of an Answer to the Petition for Award from the employer dated 4-8-03 (Staff noted Hearing Officer Dunn ruled that the Answer did not satisfy the Board’s requirements and ordered the employer, pursuant to W.C.B. Rule Ch. 1, §1(2), to pay total incapacity benefits, after taking into account any credits for the employee’s earnings and statutory offsets until a Notice of Controversy is filed and accrued benefits are paid) and the Answer to the Petition for Award being filed on the 14th day after the employee filed her petition (Staff noted the employer did not file a Notice of Controversy at that time, which was required and commented that the hearing officer ruled that the employer did not meet the 14-day requirement in Rule 1.1).

OLD BUSINESS

  1. Legislation (Proposed Workers’ Compensation Legislation Submitted by the WCB Pursuant to §152(11) and Other Legislative Proposals Submitted to the 122nd Legislature): Referring to his 12-1-04 letter to the Revisor of Statutes office on the Board’s two legislative proposals, Mr. Rohde informed directors that he has submitted copies of the Board’s draft proposals on §§312(7) and 320 regarding independent medical examinations and Requests for Board Review of Hearing Officer Decisions to the Revisor’s Office and noted legislation will be a regular agenda item now until the Legislature adjourns its First Regular Session. Mr. Rohde informed directors that the only legislation prepared to date is the Governor’s tax reform proposal.

Discussion: Directors and Staff discussed the tentative date for the 122nd Legislature to convene its First Regular Session is 1-4-05 (Staff noted there will be a special Tax Committee meeting prior to that time) and the Board receiving legislation being submitted to the 122nd Legislature even though the Joint Standing Committees will not be holding hearings and work sessions on the various bills until January of 2005, or later.

NEW BUSINESS

  1. Presentation on Lump-Sum Settlements Study (See 39-A M.R.S.A. §352): After distributing a memo he received from Ivan Most, a Proprietor with Strategic Occupational Health Management, dated 11-1-04, regarding the requirements in §352 and the National Institute’s funding of a proposal entitled “Health Experience of Workers Receiving Lump-Sum Payments from the Maine Workers’ Compensation System during the period of 1998 to 2003. Part I Survey Development.”, Chairman Dionne stated Mr. Most has asked to meet with the Board today to discuss the provisions in 39-A M.R.S.A. §352.

Discussion:
Directors and Staff discussed MORA’s ongoing project of developing a survey to evaluate the health, financial status and post-settlement employment experience of Maine’s injured workers who have received a lump-sum settlement from 1998 to 2003 and the language in Sec. 352 which states “The board shall establish and maintain a program to monitor the post-settlement employment experience of employees who settle their claims pursuant to this section to help develop future policy. The Department of Labor shall cooperate with the board in the establishment and operation of this monitoring program.”

INTRODUCTION:
Ivan Most is a Proprietor of Strategic Health Management with an occupational health and safety consulting group and has served as an Adjunct Professor at the University of New England where he is on the faculty for the Master’s Program in Public health. Mr. Most is also on the faculty at the University of Southern Maine and is a Member of MORA – the Maine Occupational Research Agency, which is a group that supports the development of occupational health and research throughout Maine.

Discussion:
Directors and Staff discussed the first phase of the research grant the Committee has received from the Harvard University for the development of a survey; Sec. 352 being a legislative initiative enacted in 1992 which requires the Board to perform a review of people who have received lump-sum settlements for their work-related injuries to assess their financial well-being, health and work experience (Mr. Most noted the study has not been done to date due to a lack of funding); Mr. Most’s affiliation with MORA (Mr. Most explained that he is the Chair person for MORA -- a quasi public/private sector partnership which consists of volunteers who meet once a month at the Bureau of Labor Standards. Mr. Most reported that the group was established approximately 10 years ago by the National Institute of Occupational Safety and Health, along with other Federal agencies, and remarked that it has received Federal recognition for its efforts); MORA’s establishment of six major areas of research to consider for the study -- cost drivers, toxic exposure, musculoskeletal disease, fatalities, aging workforce and occupational hazard; MORA consisting of volunteers working in occupational fields and Representatives of the Bureau of Labor and Department of Health; the Committee’s submission of three proposals to the Harvard University for pilot projects – one being out of Orono which deals with an the aging workforce and two recommended by the Bureau of Labor Standards, the Grant being for $7,000 and for a period through June of 2005 (Mr. Most noted the funding is for the development and pilot-level work and not for a final analysis of the issues); the Committee’s findings and recommendations being reported to the Institute, Northern New England Safety Council and others (Mr. Most noted the Council has offered to hold informational sessions to apprise its Members of the development of a LSS study and noted the Maine Lung Association has also offered to participate in the study as it relates to occupational hazard issues); Mr. Most’s Engineering degree and work as a Public Health teacher, and prior work on various studies (Mr. Most noted the survey should help employers in understanding how injuries are occurring); Mr. Most’s work with other State Safety Committees such as the Department of Education and Department of Transportation; surveys being successful primarily because they utilize the people that are experienced with the issue(s) being studied; the Committee involving people in the process (Mr. Most noted MORA plans to develop two focus groups – one in Bangor and one in Portland and stated the groups will consist of 20 to 30 individuals who live in a 50 mile radius of the two municipalities and individuals who settled their workers’ compensation claims during the period of 1998 to 2003 and explained that he will be apprising the two groups on what MORA is looking for in terms of utilizing the grant money and stated the injured workers will remain anonymous and that no names will be reported due to liability purposes. Mr. Most also explained that there will be certain survey techniques used in writing the survey questions); MORA receiving input from several entities during its study; the group’s plans with respect to conducting a pilot test of the survey results prior to finalizing the study and preparing a final report; the draft survey then being used by the Workers’ Compensation Board at a later date; the survey being useful in defining specific problems, if any, the grant monies funding the survey; the group seeking Board support and approval of its final draft survey (Mr. Most noted the LSS survey will be a one-page survey consisting of approximately 20 questions); satisfying the requirements of the legislation; the development of focus groups who will be involved in creating the survey and the group needing to complete its study by June; where MORA anticipates obtaining the information needed to determine who has received a lump-sum settlement from 1998 to 2003 (Mr. Most explained that he has forwarded a written request to the Board asking for access to information on such claims, which MORA will attempt to narrow down to lump-sum settlement recipients living within a 50-mile radius); what incentive there is for an injured worker to participate in the study (Mr. Most commented that some people are interested in telling their story and noted that some people will participate because they feel a need to improve the system); Mr. Most working with WCB Planning & Research Associate J.Levesque on the process (Mr. Levesque stated the plan is to have the Board’s hearing officers, mediators and troubleshooters ask the questions outlined in the survey and come up with other questions that should be asked); the Institutional Review Board being involved in any study involving human subjects in order to safeguard the individuals involved in the research; MORA using the University of Southern Maine’s Review Board for its study; how the study group will be managed; what type of questions are going to be asked of participants (Mr. Most noted the group will follow an agenda and noted the group has to follow specific standards and remarked that the general focus of the research will be the requirements of §352 with respect to post-settlement experiences of injured workers); the group asking specific questions of injured workers such as what his or her experience has been returning to work after settling their claim, whether he or she has returned to work in the same field or a different employment field, what changes have taken place, if any, economically, whether the lump-sum settlement has caused problems for them returning to work, etc (Mr. Most noted the group will obtain a better reflection of the outcome and noted the core questions will be based on the post-settlement employment experience, which is specific to the wording in the Act); the study assisting the Board in determining whether any issues should be addressed as it relates to employees who settle their workers’ compensation claims and the Board taking formal action to support the development of such a study.

James Mingo MOVED TO SUPPORT THE EFFORT TO DEVELOP A SURVEY TO MEET THE REQUIREMENTS IN SECTION 352 AND TO REVIEW THE PROCESS EACH STEP ALONG THE WAY; Gary Koocher seconded. MOTION PASSES 6-0-1 (Director Monfiletto abstained).

  1. Draft 2004 Second Quarter Compliance Report: Referring to his 10-6-04 memorandum and the Draft 2004 Second Quarter Compliance Report attached to the correspondence, Deputy Director of Benefits Administration S.Minkowsky informed the Board that the second quarter is for the period of 4-1-04 through 6-30-04 and referred directors to pages 1, 2 and 3 of the report which summarize the compliance data on Lost-time First Report filings, the payment of initial indemnity benefits, the filing of a Memorandum of Payment form, caveats – both generally and those dealing with the filing of a Notice of Controversy form and the Corrective Action Plans that are in place for insurers with chronic poor compliance and filing procedures.

DRAFT 2004 SECOND QUARTER COMPLIANCE REPORT
EXECUTIVE SUMMARY

Lost-Time First Reports
The Board received 3,812 Lost-time First Report forms during the second quarter of 2004. Staff noted that 84.97% of those reports were filed within seven days and that 89.56% of the forms were filed within ten days, which is 2% higher than during the first quarter of 2004. Staff also noted the Board received 112 fewer claims during the second quarter (3,924 claims).

Discussion:
Directors and Staff briefly discussed the improvements in compliance being attributed to three key areas – the continued focus on compliance by employers/insurers, an increase in electronically-filed First Reports and the impact of Corrective Action Plans.

Payment of Initial Indemnity Benefits
85.38% of initial indemnity benefit payments made during the second quarter were made within 14 days, which marks the fifth consecutive quarter that the payment compliance was above 85%.

Discussion:
Directors and Staff briefly conversed with respect to the Board’s benchmark for initial indemnity benefits (Staff noted the benchmark is 80% but that the compliance for the second quarter of 2004 was 85%).

Memorandum of Payment Filings
Employers and insurers filed 84.22% of the Memorandum of Payment forms filed during the second quarter of 2004 within 17 days.

Discussion:
Directors and Staff discussed the MOP filings representing the highest compliance to date and the Board’s benchmark for Memorandum of Payment forms being 75%; the statistics on page 2 of the report regarding the filing of Notice of Controversy forms (Staff advised directors that 91.56% of initial indemnity NOCs were filed within 0-17 days, as required, and advised directors that the data has only appeared in the First and Second quarter compliance reports for 2004 and referred directors to Appendix A which provides an initial files comparison that was requested by the Board in August of 2004); and the statistics on page A-1 regarding the total number of initial MOP’s filed and also the number of initial indemnity NOC’s filed; the compliance data for Claims Management, Inc. (Mr. Minkowsky noted Wal-Mart filed four Memorandum of Payment forms and 77 Notice of Controversy forms in the first quarter of 2004 and four Memorandum of Payment forms and 87 Notice of Controversy forms during the second quarter of 2004 and remarked the initial numbers for the third quarter continue to be high with respect to the large number of Notice of Controversy forms the entity is filing. Directors were also advised that Board staff will be contacting Wal-Mart to discuss the filings); the Monitoring, Audit & Enforcement Program’s ongoing work with respect to identifying companies who appear to be unreasonably contesting cases; the MAE Program’s communications with entities filing large numbers of NOC forms (Mr. Levesque noted that since the First Quarter Compliance Report staff have noticed a greater disparity between the amount of MOPs and NOCs being filed by the Claims Management, Inc., as compared to other carriers in the State, and noted Wal-Mart has been contacted to discuss their justification for the large number of filings to ascertain what the difference is in the work environment to warrant the denial of such a high level of claims. Mr. Levesque stated they have indicated that the employment environment is such that they feel compelled to file such a high number of NOC forms because of prior 14-day violations. Mr. Levesque noted that after the second quarter statistics were in that he officially contacted the company and performed a data analysis of the company’s NOC filings to see if there was a specific reason, and stated there was an equitable distribution among their adjusters on the reasons they are filing the NOC forms. Mr. Levesque provided directors with a copy of the correspondence he received on the matter which states the reasons for the large number of filings such as their belief that some of the claims are non-compensable, the claimant not returning to work following a regularly-scheduled day off, etc. Directors then discussed the matter with Wal-Mart’s Attorney, Sheila McLaughlin, who explained that the large number of filings is because the company is eager to be in compliance with the Board’s regulations and noted that in some instances they are filing a First Report for minor instances and then a Notice of Controversy form because of past problems they have had. Ms. McLaughlin informed directors that a majority of the claims do not get processed at the mediation level because they are not pursued, the employee has not sought medical treatment, etc. but that in the meantime the employee has reported the incident to Claims Management, Inc. who then files the necessary paperwork with the Board. Ms. McLaughlin also stated she has been told that many of the filings are a result of an employee’s scheduled days off and employees not returning to work after that time, or after being injured. Attorney McLaughlin reported that the entity typically monitors the waiting period and that if the employee is out beyond the waiting period then they make a payment, which results in the NOC being moot. Ms. McLaughlin noted she has asked for the number of cases that actually go on to mediation. Mr. Levesque noted the Board is attempting to ascertain how many of the cases are resolved at troubleshooting. Ms. McLaughlin also noted that some of the cases she handles are resolved very quickly because of the minor issues that need to be dealt with and that Oftentimes an agreement is reached prior to mediation and formal hearing. Ms. McLaughlin also remarked that there are many Notice of Controversy forms filed on medical-only claims in which the employee sees his or her own primary care physician within the first 10 days, which results in a NOC being filed because the treatment or lost-time is being controverted); Sec. 206 of the Act which states that if the hearing officer finds that the treatment was not reasonable that it allows the employer not to pay for treatment (Ms. McLaughlin noted the provision may not apply to lost-time cases and stated she has advised the Company’s Representative not to controvert lost-time, but that it can the treatment); Claims Management, Inc. filing a Notice of Controversy form in many situations believing they are complying with the Board’s rules and regulations; revisiting Rule 1.1 because of the uncertainty, which may result in less notice of controversy forms being filed (Mr. Muir explained to Board members that part of problem is the confusion of the 14-day rule and whether another NOC form has to be filed on a subsequent period of incapacity if one has already been filed); staff reviewing Claims Management, Inc.’s third quarter statistics to see if they have improved and stated they will review the Board’s rule to determine what changes, if any, need to be made.

Gary Koocher MOVED TO APPROVE THE DRAFT 2004 SECOND QUARTER COMPLIANCE REPORT; Anthony Monfiletto seconded. MOTION PASSES 7-0.

  1. Draft Meeting/Public Forum Schedules for 2005 (Drafts I, II & III): After acknowledging receipt of two draft schedules for 2005, Director Koocher circulated a third draft for the Board’s consideration and stated he is recommending the Board meet only once a month – on the third Tuesday of every month.

Discussion:
Directors and Staff discussed Drafts I and II (Staff noted Draft I lists one meeting a month, which falls on the first Tuesday of every month and noted the schedule also includes public forums that will take place after a business meeting at the Board’s regional offices, stated that Draft II contains the dates for two meetings a month which fall on the first and third Tuesday of every month with a business meeting and public forum being held at the regional offices on 3-15-05, 6-21-05, 8-16-05, 10-18-05 and 11-15-05); no longer holding public forums because of the low turnout at the 2004 public forums; holding a business meeting in conjunction with a public forum in 2005 so that the Board is still conducting business even though no one shows up at the public forum; only scheduling the January and February meetings at this time due to the possible changes that may take place in February due to the Legislature’s enactment of P.L. 2003, Ch. 608 (Mr. Monfiletto stated new directors appointed to the Board after February of 2005 may be interested in attending a public forum at the regional offices to obtain a better understanding of the process and to meet the Board’s Regional Office employees); the Governor’s recent circulation of an Executive Order requesting a reduction in travel and support for alternatives to travel such as telecommunications technology (Director Koocher stated the Board’s Caribou sessions in Aroostook County are very costly and recommended holding only one meeting a month – on the third Tuesday of every month to avoid meetings following a Monday holiday); the possibility of the Board still not being able to conduct business at a meeting held prior to a public forum at the regional offices because it may not have a quorum to do so and some directors’ support for continuing the process of holding public forums.

 

DRAFT I

Tuesday, January 4* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, February 1 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, March 1 9:30 a.m. Meeting/12:00 p.m. Public Forum Bangor Regional Office
Tuesday, April 5 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, May 3 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, June 7 9:30 a.m. Meeting/12:00 p.m. Public Forum Caribou Regional Office
Tuesday, July 5* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, August 2 9:30 a.m. Meeting/12:00 p.m. Public Forum Lewiston Regional Office
Tuesday, September 6* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, October 4 9:30 a.m. Meeting/12:00 p.m. Public Forum Portland Regional Office
Tuesday, November 1 9:30 a.m. Meeting/12:00 p.m. Public Forum Augusta Regional Office
Tuesday, December 6 9:30 a.m. Business Meeting Central Office, Augusta

DRAFT II

Tuesday, January 4* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, January 18 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, February 1 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, February 15 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, March 1 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, March 15 9:30 a.m. Meeting/12:00 p.m. Public Forum Bangor Regional Office
Tuesday, April 5 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, April 19 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, May 3 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, May 17 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, June 7 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, June 21 9:30 a.m. Meeting/12:00 p.m. Public Forum Caribou Regional Office
Tuesday, July 5* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, July 19 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, August 2 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, August 16 9:30 a.m. Meeting/12:00 p.m. Public Forum Lewiston Regional Office
Tuesday, September 6* 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, September 20 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, October 4 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, October 18 9:30 a.m. Meeting/12:00 p.m. Public Forum Portland Regional Office
Tuesday, November 1 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, November 15 9:30 a.m. Meeting/12:00 p.m. Public Forum Augusta Regional Office
Tuesday, December 6 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, December 20 9:30 a.m. Business Meeting Central Office, Augusta

DRAFT III

Tuesday, January 18 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, February 15 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, March 15 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, April 19 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, May 17 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, June 21 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, July 19 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, August 16 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, September 20 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, October 18 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, November 1 9:30 a.m. Business Meeting Central Office, Augusta
Tuesday, December 6 9:30 a.m. Business Meeting Central Office, Augusta

 

James Mingo MOVED TO SCHEDULE ONLY THE JANUARY AND FEBRUARY MEETINGS (January 4, 2005, January 18, 2005, February 1, 2005 and February 15, 2005)AT THIS TIME IN ORDER TO ALLOW THE NEW BOARD TO SCHEDULE THE REAMINING MEETINGS FOR 2005; Anthony Monfiletto seconded. MOTION PASSES 5-2. (Directors Koocher and Cooney opposed).

ADJOURNMENT

Gary Koocher MOVED TO ADJOURN; John Cooney seconded. MOTION PASSES 7-0. The meeting formally adjourned at 11:23 a.m.

Return to 2004 Board Minutes