Vote backs axing state post

The executive director’s job for the state Board of Examiners in Counseling would be axed under a proposal that cleared a legislative panel Thursday.

The board’s powers, funds and two staff positions would be transferred to the state Department of Health under an amendment that the Joint Budget Committee’s Special Language Subcommittee voted to add to House Bill 1110 - an appropriation measure that starts July 1 for the board - in a voice vote with a few dissenting lawmakers.

The change is needed to promote efficiency in state government, according to the amendment proposed by House Democratic leader Greg Leding of Fayetteville.

The board’s executive director is Alan Pogue of Sherwood, who is paid $70,000 a year.

The board regulates about 2,000 counselors in mental health, marriage and family therapy.

Pogue - a Republican who lost a challenge to state Rep. Jim Nickels, D-Sherwood, in 2012 - filed Monday to run again.

Because of term limits, Nickels is barred from seeking re-election in District 41.

Sen. Bruce Maloch, D-Magnolia, said Democratic Gov. Mike Beebe recommended the same organizational changes before the 2013 regular session, but lawmakers decided last year not to approve the recommendation “so they could survive another year.”

“Some of the issues that were raised at that time have continued to be issues … so I just think it is time we do it,” Maloch told lawmakers.

The board’s members will still be in place, but the board will be administered by the state Department of Health if the proposal passes, Maloch said.

Board Chairman Mark Coffman of Russellville said he opposes the change.

“It is too much of a hassle, and we don’t know enough about this,” he told lawmakers.

“We are charged with overseeing counselors and providing good quality service. We protect citizens.”

Coffman said the board has moved its office from Magnolia to Little Rock to provide easier access for “constituents, clients, counselors and everybody.”

“That created some rifts with some people, upset them. They didn’t want the board to move,” he said. “In the end, we thought it was in the [board’s] best interest.”

Coffman said the board chose Pogue as its executive director last year “but there were some people who were not happy with that.”

In April 2013, the board voted 5-3 by secret ballot to hire Pogue, who had resigned from the board in January 2013 to take the job on an interim basis. The board publicly confirmed their vote in July after doubts were raised about the legality of secret ballot.

Later that month, the Legislative Council approved a $70,000 annual salary for Pogue - $10,000 less than the board had requested. Pogue said then that he’d be leaving the post soon.

“I am not going to leave ‘em hanging. But I am not going to work for $70,000.”

Coffman said Pogue recently submitted his resignation as executive director and the board is starting the process of searching for a new executive director. Afterward, Pogue said his resignation will be effective June 1 or earlier if the board filled his post quickly.

During Thursday’s legislative subcommittee meeting,Nickels, the District 41 state representative, asked Deputy Legislative Auditor Jon Moore about auditors’ investigation into the counseling board.

“We became aware of some unusual travel issues at the board, and we prioritized our audit and went in and started our audit a few days ago,” and the audit won’t be completed for a few more weeks, Moore said.

He said auditors have questioned about $5,000 to $6,000 of Pogue’s travel expenses that include travel from Pogue’s home in Sherwood to Little Rock and Magnolia. Moore said auditors don’t believe Pogue followed state travel regulations.

Afterward, Pogue said the board designated his official station as being in Sherwood and indicated it would reimburse him for his travel to Magnolia, and state officials orally advised that would be OK, although he doesn’t have that advice in writing.

He said he also sought reimbursement for travel to the state Capitol in Little Rock.

Maloch told lawmakers that they’ve had issues with the board that go back to before Pogue was hired as its executive director.