Approved Regular Meeting Minutes MEMBER ATTENDANCE:
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1 Supreme Court Fiduciary Board Arizona State Courts Building 1501 West Washington Street, Phoenix, Arizona Conference Room 109 Date: May 8, 2008 Time: 10:30 a.m.-12:30 p.m. Approved Regular Meeting Minutes MEMBER ATTENDANCE: Present: Marlin Kip Anderson Mary E. Carlton Diana L. Clarke Honorable Dean Fink Mary Jane Baumgarten Pamela Johnston Sherry Reed Diana M. Corry Shari J. Tomlinson OTHER ATTENDEES AOC Staff: Kitty Boots Nancy Swetnam Kandace French Linda Grau Nina Preston Kimberly Siddall Jenny Lubben Maria Lopez Minnie Samaniego Guests: Donal D. Childers Roger T. Coventry Cathy Corulk Rena Steele 1 P age
2 CALL TO ORDER Called to Order By: Time: Shari J. Tomlinson 10:36a.m. 1) REVIEW AND APPROVAL OF MINUTES 1-A: Discussion, review, and possible approval of the Regular Session Minutes of the meeting held on March 13, Linda Grau Board discussed the Regular Session Minutes for the meeting of March 13, Moved to defer the Regular Session Minutes of March 13, 2008 to the June 10, 2008 Board Meeting. Second Mary Jane Baumgarten 1-B: Discussion, review, and possible approval of the Regular Session Minutes of the meeting held on April 17, Board discussed the Regular Session Minutes April 17, 2008 to June 10, 2008 Board Meeting. Moved to defer the Regular Session Minutes April 17, 2008 to the June 10, 2008 Board Meeting. Second Diana L. Clarke 2) PENDING COMPLAINTS 2-A: Review, discussion, and possible action regarding the following complaint: Complaint Number Childers & Berg, LLC (Don Childers). Nancy Swetnam 2 P age
3 Staff recommended the Board moved to enter in to Executive Session for advice of counsel. Moved to enter into Executive Session to receive advice of counsel. Executive Session: 10:38a.m. 11:00a.m. The Board, having received advice of counsel, discussed options for resolving the complaint. Moved to dismiss Complaint Number ) CERTIFICATION AND ELIGIBILITY 3-A: Review, discussion, and possible action regarding pending applications for certification renewal. Kimberly Siddall Ms. Siddall recommended renewal of certifications for the following: Sally Carlson Crismon Cooper Deborah Dellisanti Ronald Dubois Frank Escalante Peter Frenette Rebecca Ginsberg Suzanna Goldman Ruth Graham Marshall Herron Raena Honan Yolanda Kennedy Miriam Kennedy Elizabeth Kizer Laurie Kuzdal 3 P age
4 Sherrel Lines Vicki Long Jeffrey Manley Tiffany Poarch Loretta Puzzi Mark Ralles Mary Jo Randall Susan Rubin Evelyn Saunders Robert Segelbaum Denice Shepherd Laura Short Robert Thames Elizabeth Valenzuela Donna Weissenborn Theresa Whitfield Cochise County Public Fiduciary (Barbara Middleton) Gila County Public Fiduciary (Tiffany Poarch) Board moved to accept the recommendation of staff and grant renewal of certifications to above referenced applicants. Motion Proposals: First Pamela Johnston Second Mary Jane Baumgarten Ms. Siddall recommended the Board grant renewal of certifications for Sherry Reed and Navajo County Public Fiduciary. Moved to accept the recommendation of staff and grant renewal of certifications to the above referenced applicants. Motion Proposals: First Pamela Johnston Second Mary Jane Baumgarten Recusal Sherry Reed Ms. Siddall recommended the Board grant renewal of certification to the following applicants or business entities: Nancy Anderson Marlene Appel Milly Briggs Donal Childers Frank Ciotczyk Carole Collins Roger Coverntry James Elliott 4 P age
5 Dixie Fredrickson Kandace French Joyce Grudowski Donna Allison-Howard Phillip Ioset Barbara Lee Clark Leuthold Melissa Liebe Thomas Mazzillo Estella Rea Peter Santini Sally Sokol Richard Vanderheiden Harry Wilke Childers & Berg, LLC (Donal Childers) Maricopa County Public Fiduciary (Richard Vanderheiden) Board moved to accept the recommendation of staff and grant renewal of certification to the above referenced applicants. Second Judge Dean Fink Ms. Siddall recommended the Board grant renewal of certification to the following applicants: Katherine Bair Warner Bair Jay Polk Eileen Rogers Board moved to accept the recommendation of staff and grant renewal of certification to the above referenced applicants: Ms. Siddall recommends the Board defer consideration of the renewal applications to the May 22 nd meeting for the following applicants: Linda Peterson Susan Villarreal Board moved to accept staff s recommendation and defer 5 P age
6 consideration of the above referenced renewal applicants. Recusal Sherry Reed Ms. Siddall reported renewal applicant Shawn Patterson disclosed a pending extreme DUI case. Ms. Siddall recommended the Board grant renewal of certification and require Ms. Patterson to provide the final disposition documentation to the Division within 48 hours of the court decision. Board moved to grant renewal of certification and required Ms. Patterson to provide final disposition within 30 days pursuant to ACJA (F)(4). 3-B: Review, discussion, and possible action regarding pending renewal application for Beverly Gloden. Ms. Siddall recommended the Board discuss if an extension of the consent agreement is necessary. The Board determined an extension was not necessary. Board moved to grant renewal of certification to Beverly Gloden. 3-C: Review, discussion, and possible action regarding pending renewal application for Patricia Powers. Ms. Siddall recommended the Board grant renewal of certification to Ms. Powers. Board moved to accept the recommendation of staff and grant renewal of certification to Patricia Powers. 6 P age
7 Second Judge Dean Fink 3-D: Review, discussion, and possible action regarding request for waiver of continuing education for Craig Gordon. Ms. Siddall recommended the Board defer consideration to the next board meeting. Board moved to accept staff s recommendation and defer consideration of this agenda item to the next meeting. Motion Proposals: First Marlin Kip Anderson 3-E: Review, discussion, and possible action regarding request for extension of continuing education for Jacqueline Kanaga. Ms. Siddall recommended the Board grant renewal of certification and approve an extension for Ms. Kanaga to complete the continuing education by no later than December 1, 2008 and to waive the self study hours limitation. Board moved to accept staff s recommendation. 3-F: Review, discussion, and possible action regarding Voluntary Surrender request received from certified fiduciary Patricia E. Nolan, certificate number Discussion Ms. Siddall verified Ms. Nolan is eligible for voluntary surrender. Board moved to accept Ms. Nolan s Voluntary Surrender request. Second Pamela Johnston 7 P age
8 4) ADMINISTRATIVE ISSUES 4-A: Review, discussion and possible action regarding pending Rule 28 Petitions R Nancy Swetnam and Linda Grau Staff provided an overview of the petition and the Board determined it did not wish to comment regarding the petition. 4-B: Review, discussion and possible action regarding pending Rule 28 Petitions R Staff provided additional information about the petition and recommended the Board submit a comment regarding the pending Rule 28 Petition R Board moved to file the Public Comment as drafted for submission before the May 20, 2008 deadline. Motion Proposals: First Diana L. Clarke Second Pamela Johnston CALL TO THE PUBLIC Roger T. Coventry Roger Coventry addressed the Board regarding materials posted for public review on the Fiduciary Program website. Requesting staff post an agenda item for the June meeting regarding public information. Motion Proposals: First Diana M. Corry ADJOURNMENT Adjourn the meeting. 8 P age
9 Motion Proposals: First Marlin Kip Anderson Second Judge Dean Fink Time: 12:10p.m. Y:\Boards, Committees, Commissions\FIDUCIARY BOARD\MINUTES\REGULAR\2008\May 8, 2008 Draft Regular Session.doc 9 P age
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