Washington State Courts - Boards, Commissions, Programs, and Organizations

Vice Chair: Commissioner Fred Aronow

Members Robin Balsam

Present: Ray Dingfield

Hank Hibbard

John Jardine

Tom O’Brien

Lori Petersen

Gerald Reilly

Winsor Schmidt

Members Judge Vicki Hogan

Absent: Judge M. Karlynn Haberly

Commissioner Scott Collier

Ruth Craven

Mike Longyear

Staff: Gil Austin

Sylvia Nelson

Call to Order:

Commissioner Aronow called the meeting to order.

Vice Chair Report: Commissioner Aronow discussed an overview of the training program and whether or not the mandatory training should be video taped. Robin Balsam felt that persons attending the mandatory training would not have enough knowledge to understand the video, and being unable to ask questions and participate in the interaction, that video training would be a mistake. Tom O’Brien concurred with Robin Balsam but would find it useful as a review for employees. Some views were that while credit would not be given for viewing the video it would be helpful as a review item. Hank Hibbard felt that although DSHS made tapes of training they became boring to the audience and were not effective as a training method. Commissioner Aronow felt that material that is recorded would become outdated every year and would be useful only as follow up training, education purposes, and reference, but not for credit. Recommended that the CPG Education Committee consider the idea.

CPG Manual - Hank Hibbard related that there should be correspondence indicating that the manual is copyrighted by the CPG Board. Conclusion is that the CPG Board holds the copyright based on the copyright information in the 2003 Manual.

Commissioner Aronow asked if there should be an additional day of advanced training for guardians at the same time as the mandatory training is being offered. Robin Balsam felt this would be advantageous for the speakers who could stay and provide training and then remain for the additional day. Commissioner Aronow asked if contact should be made with KCBA about offering an additional day. Tom O’Brien thought that it was a great idea for follow up training but it should not be mandatory because if a CPG could not attend then they would be unable to be a guardian. There was consideration of how to provide training on recent Ethics Opinions issued by the CPG Board. Lori Petersen spoke about the possibility of those in Spokane participating in the mandatory training via a video conference method and that might be an alternative and enable those in Spokane to participate.

Commissioner Aronow and Tom O’Brien related that additional topics are added as needed to each mandatory training.

Minutes - The May 9 minutes were reviewed and Hank Hibbard moved for adoption of the minutes, this was seconded and the motion to pass carried.

AOC Status Report - Gil Austin summarized the budget for the current biennium and discussion ensued by Commissioner Aronow about the potential costs of a full administrative hearing. Mr. Austin talked about $20,000 to be carried over from the current biennium into the 2005-07 biennium. Consideration was discussed to have Bar volunteers investigate cases. Tom O’Brien suggested providing training for volunteer CPGs, retired judges or others to sit as a volunteer investigator or panel member.

Commissioner Aronow explained how Review Panels currently operate, with Lynne Alfasso compiling the information she is able to find, and having the Review Panel review the investigatory material on a monthly basis and decide whether to ask the Chair to appoint a review panel. Discussion ensued as to whether there is a need to expand the investigatory effort and some views were expressed that the process needs to become more efficient and timely. Commissioner Aronow felt that Review Panels utilizing only current CPG Board members were on the cusp of not being able to manage the continuing increase in the number and complexity of grievances. Hank Hibbard pointed out that the CPG Board rules allowed for volunteers to sit on the Review Panels and said he would see about engaging retired CPAs to assist with monitoring the cases.

Commissioner Aronow pointed out that volunteers would need to be carefully guided. Professor Winsor Schmidt pointed out that by the time volunteers are recruited and trained, with a margin for turn over, the overall costs are significant, and that thought should be given to a long term solution and how to establish funding for the program.

Commissioner Aronow related that the AOC staff performs most of the investigation. Jerry Reilly felt concern for the seriousness of the consequences of the Review Panel, and that it would be hard for a volunteer to understand the culture of what the CPG Board does. Jerry Reilly felt that considerable thought had to be given to this approach. Tom O’Brien expressed the view that there are many capable volunteers who are familiar with this process. John Jardine expressed that while there are volunteers who can assist the Review Panels the management of those volunteers is a key problem. Winsor Schmidt felt that there needs to be a budget for long term need and care of the incapacitated person. Commissioner Aronow related this is the responsibility of the court, while the CPG Board has responsibility for the ethical issues. Lori Petersen felt that the Board needed to consider taking on the responsibility of monitoring the compliance with the rules it has passed.

Vice Chair Report – Commissioner Aronow expressed the view that the CPG Board could not advance legislation directly and that would have to be left to the SCJA or other entities. SCJA does have a legislative representative who can provide legislative assistance on needed change as well as the WSBA.

Commissioner Aronow spoke about the several training programs that members of the CPG Board have given at the superior court conferences. The SCJA Probate and Guardianship Committee met and Commissioner Aronow reported on the topics discussed – such as Public Guardianships, Bonding and Blocking of accounts, renewable letters of guardianship, which when they expire, the guardian does not have authority to act at a bank for the incapacitated person; problem with on line banking, working around blocked accounts; the BJA interest in a survey of the need for public guardian services; discussion ensued about how to assess the need for a public guardianship program.

Two requests for resignation from CPG whose affidavits are in order, and several applications.

William Kiskaddon and Judith Westerhold granted voluntary cancellation of certification.

Certified Professional Guardian Board (CPGB)

June 10, 2005