Chair:                            Judge Vicki Hogan

Members                    Commissioner Fred Aronow

Present:                      Robin Balsam

                                          Ruth Craven

                                          Ray Dingfield

                                          Hank Hibbard

                                          Tom O’Brien

                                          Lori Petersen

                                          Gerald Reilly

                                          Winsor Schmidt

Members                    Judge M. Karlynn Haberly

Absent:                        Commissioner Scott Collier

                                          John Jardine

                                          Mike Longyear

Staff:                              Lynne Alfasso

                                          Gil Austin

                                          Sylvia Nelson

Public:                          Lexie Lamborn

Call to Order:  Judge Hogan called the meeting to order.  CPG Lexie Lamborn was introduced.

Minutes:  The minutes from the June 10, 2005 Board meeting were approved with minor corrections.  The minutes from the June 11, 2005 Retreat were approved with minor corrections.  Copies of the approved minutes, with revisions, will be sent to the Board members.

Chair Report:  Judge Hogan announced that Chief Justice Alexander re-appointed Hank Hibbard, Commissioner Aronow and Michael Longyear to the Board, each for a three year term 10/1/05 to 9/30/08.  AOC should revise the Board membership chart for handout and on the web site.

Judge Hogan and Hank Hibbard prepared and submitted a letter to DSHS for a DSHS replacement.  Two individuals from the ARC have expressed interest, both with good experience.  Hank Hibbard agreed to contact the ARC to ask for one nominee and supporting resume for that individual.

Judge Hogan and Commissioner Aronow will work on an additional judicial officer from King County and another judge.

BOARD BUSINESS

The Board went into executive session.

Tom O’Brien removed himself from the session for discussion on an application.

The Board went back into open session.

COMMITTEE REPORTS:

Certification Committee: Moved, seconded and passed to accept the voluntary decertification of Martha Duggan and Claire Maddox.  Tom O’Brien abstained on Claire Maddox.

Moved, seconded and approved on inactive status for Janet Smith.

Moved, seconded and approved on agency certification for Capital Guardianship Services.  Tom O’Brien abstained.

Moved, seconded and approved on agency certification for Drysdale & Associates.  Tom O’Brien abstained.

Moved, seconded and approved on certification for Regina Desfachelles (reconsideration).

Moved, seconded and passed to decertify Hans E. Johnsen for failure to complete his 2003 CEUs.

Moved, seconded and approved to decertify Christopher T. Igielski for failure to reactivate his certification after two years on inactive status.

After discussion, it was agreed the proper term is decertify rather than revoke.

Education Committee:  Hank Hibbard reported that the mandatory initial certification training is set for September 29-30 in Seattle.  Judge Hogan contacted the King County Bar Association, the contract provider, to convey the Board’s willingness to participate in a one day advanced training in conjunction with the mandatory certification two day  training.

After discussion, Lynne Alfasso will review the correspondence sent by AOC to CPGs on compliance with and completion of mandatory CEUs.  She should report the status to the Education Committee who will also review the required distribution of CEU credits.

Standards of Practice Committee:  There was discussion on the pressing need to determine dates for SOP committee meetings due to the receipt of a number of new grievances.  Judge Hogan determined the need for a co-chair for the SOPC and appointed Commissioner Aronow co-chair.  AOC should revise the committee assignments chart to reflect this appointment.

The Board went into executive session.

The Board went back into open session.

Hank Hibbard moved to accept the report of the review panel on PGB 2003-0012 and dismiss the complaint.  The motion was seconded and approved.  Tom O’Brien abstained.  Pursuant to the Disciplinary Regulations, the guardian may have the option of making the information public.  AOC should correspond with the CPG to determine if this is agreeable to the CPG.

There was discussion of a draft Ethics Opinion on the delegation of the responsibility for the integrity of client funds.   After discussion, it was determined that the draft distributed to the Board members by AOC was not the current recommendation of the Ethics Committee.  It was agreed the committee should review the proposal further and report back to the Board with the understanding articulated by Commissioner Aronow that guardians should be held responsible for reporting the shortage and initiating efforts to recover the property. 

The same distribution error occurred on the second opinion distributed.  This will be set over to another meeting and the correct version distributed to the Board members.

Other draft opinions being drafted by the Ethics Committee involve the issues of financial responsibility, record retention and the petitioning by guardians for their own appointment.

Rules Committee:  Commissioner Aronow indicated that the committee will be working on the financial responsibility language of GR 23 and the public disclosure requirements that need to be reconciled between GR 23 and the Board’s regulations.

Judge Hogan referenced the recently published Supreme Court Amendments to GR 15 & 22 and asked whether or not the Rules Committee wishes to comment to the Supreme Court by September 18^th.  The Board had consensus that a letter should be sent to the Supreme Court on these two rules. 

Lynne Alfasso announced that GR 31 was enacted a year ago and that now there is a comment period of one month on the operation of this rule so it can be considered by the Supreme Court. 

Old Business:  Lexie Lamborn asked about guardian testing for certification.  Judge Hogan indicated this topic would be considered by the Board as time permits.

Judge Hogan reviewed the language changes to GR 23 approved at the June retreat.  It was moved, seconded and passed to send the proposed rule change to the Supreme Court, with a recommended effective date of January 1, 2006.  Tom O’Brien asked about a comment period for the proposed changes. Judge Hogan indicated that the Supreme Court will make that decision.  AOC will need to draft the letter, with revised language changes, to the Supreme Court Rules Committee for Judge Hogan’s signature.

DRAFT:  New Language

(d) (v) Possess an Associate’s Degree from an accredited institution and four years experience working in a discipline pertinent to the provision of guardianship services, which will include legal, financial, social service, or health care; or a Baccalaureate Degree from an accredited institution and two years experience working in a discipline pertinent to the provision of guardianship services, which will include legal, financial, social service, or health care; and…

New Business:   Robin Balsam inquired about changing the meeting day from Monday to another day.  The meetings will remain on Monday.

Meeting adjourned.

Respectfully submitted,

Sylvia Nelson