The headline in the Pueblo Chieftain, one of the local papers, was "Inmate assaults two
federal prison staffers,
Injuries to the workers were not serious, officials said." The press release certainly did not adequately present the
true scope of the incident, and this lead the media to inaccurate reporting.
On December 21, 2010, an inmate assaulted
to staff members. The inmate hit one staffer so hard, he fell back and cracked his skull. The inmate also injured
another staffer. Two other staff members responding did get minor injuries not needing outside treatment.
The
staff member with the cracked skull also had brain hemorrhage problems. He was taken to a local hospital but then flown to
a larger hospital because of the serious nature of his injuries. He still remains in intensive care (ICU) but in stable
condition.
William Edwards was just elected President of American Federation of Government employees, Council of Prison
Locals 1301 (AFGE CPL 1301), last week.
President Edwards was so upset with the BOP's release that he responded to
the media himself. He interviewed Wednesday with KOAA 5/30 explaining the serious nature of the incident and his disagreement
with the BOP. www.newsfirst5.com/news/federal-prison-worker-has-fractured-skull/
President Edwards explained, " it was fortunate that there were three other staff members able to respond. Normally
there aren't three other staff members available."
Edwards went on to say, "With three prisons coming online in the
BOP system and no increase in funding from Congress, staff for the new facilities with have to come from existing staff in
the BOP. The system is already strained. Assaults like the serious one that happened Tuesday at USP , Florence
could happen more often."
Professional correctional staffers can always encounter dangerous situations. This
is especially true in a United States Penitentiary. Professional Correctional Officers
and Professional Correction Staff are the unsung heroes of public safety.
Proper staffing levels and training
help prevent assaults.
Please keep our fellow staffer from USP, Florence in your thoughts and prayers.
Please also send out your thoughts and prayers to his family.
What you can do additionally? Call
your Congressman and US Senators and tell them you are upset that the Bureau of Prisons did not accurately release the true nature
of the assault on staff Tuesday December 21, 2010 at the United States Penitentiary at Florence.
Ask them to
ask the BOP why they down played the assault. Finish by asking if they are going to support an increase of staffing
across the BOP system for the safety of those protecting America's safety.
If you leave them a message, ask
them to call you back with his/her response. If you email, ask for an email response. Please note, most members of congress won't return till after the holidays.
Federal pay and benefits could change with new Congress
By Emily Long
In recent months, there's been a lot of talk about proposed hiring and pay
freezes and mandatory furloughs in the federal government. But those ideas could become reality if Republicans on Tuesday win the necessary 39 seats to gain
control of the House.
House Republicans unveiled their Pledge to America in September,
promising to reduce the size of government and freeze hiring for all nonsecurity-related federal positions. Lawmakers in both
chambers also have pushed several measures that would affect federal jobs and benefits. For example, Republicans have introduced legislation that would furlough all federal civilian workers for up to two weeks in 2011 and make
those with outstanding tax debts ineligible for continued government employment. Bills in both chambers would cap the federal
workforce through attrition or by allowing agencies to hire only one employee for every two employees who leave.
In addition, GOP lawmakers have used the YouCut program to push federal
workforce reductions. The initiative, designed to control government spending, allows the public to vote online, or via text
message each week on legislative proposals. The winning idea goes to the House floor.
Federal workers have friends in both parties, says Jessica Klement, government
affairs director for the Federal Managers Association. While the group's priorities won't change based on leadership on Capitol
Hill, election results could affect progress in achieving those goals.
"[Federal employees] have strong supporters on both sides of the aisle, but
a quick tour of the YouCut website tells you the priorities of [Rep. John Boehner, R-Ohio] and [Rep. Eric Cantor, R-Va.]," said Klement. "If those are priorities
of the leaders, they could become more than just something the American public votes on."
If Republicans gain control of the House, Rep. Steny Hoyer, D-Md., will no longer be majority
leader. Hoyer has been an advocate for federal workers' concerns, and union leaders
have said a leadership change could affect the tone of the conversation about the government workforce or even invite attacks
on federal employees.
"Democrats will keep the House, and I will continue to work with members across
the aisle to address the issues of importance to federal employees, many of whom are my constituents," said Hoyer in a statement
to Government Executive.
Rep. Darrell Issa, R-Calif., would assume the chairmanship of the Oversight and Government Reform
Committee if Republicans win the House on Tuesday. Issa's office in September released an outline of priorities for
the committee under his leadership. The report, which focused on issues like stimulus spending, health care oversight, federal agency performance management and domestic terrorism, cited a growing
federal workforce as a potential contributor to government waste, fraud and abuse. Issa spokesman Frederick Hill said the
committee does not yet have a more specific agenda outside of those guidelines.
Republican Rep. Jason Chaffetz of Utah would take over the subcommittee tasked with overseeing the
federal workforce and U.S. Postal Service. Chaffetz angered many government
employees and union leaders earlier this year when he introduced a bill to fire government workers who owe back taxes. He
also has drawn criticism from the postal community for his opposition to the agency's five-day delivery plan and
his proposed legislation granting the Postal Service 12 postal holidays
every fiscal year to suspend mail delivery.
USPS spokeswoman Joanne
Veto said leadership changes won't affect the Postal Service's legislative agenda. The agency has been pushing for flexibility
to close post offices for economic reasons, determine the number of weekly mail delivery days and adjust requirements to prefund
its retiree health benefits.
Union leaders have said they will continue to work with both Democrats and
Republicans on issues in support of their members, but acknowledged it could be hard work. Colleen Kelley, president of the
National Treasury Employees Union, expressed concern that a Republican takeover
could lead to freezes in federal hiring and pay, as well outsourcing accompanied by cuts in government
jobs.
"We're extremely concerned about a change in the House because many of these
new congressional people coming in are obsessed with this rolling back government to some small government," said John Gage,
president of the American
Federation of Government Employees. "I think we will be in really tough shape on appropriations and federal pay. I
don't know if they're gung-ho enough to go after federal health care and
retirement, but I wouldn't put it past them."
On the Senate side, there is less change expected for the Homeland Security and Governmental Affairs Committee.
Committee Chairman Sen. Joe Lieberman, I-Conn., and Ranking Member Sen. Susan Collins, R-Maine,
have a positive working relationship, which Collins has pledged to continue regardless of Tuesday's outcome. The roster of
the federal workforce subcommittee will change, however. Sen. George Voinovich, R-Ohio, long active in federal employee issues is planning to retire, while
appointed Sens. Ted Kaufman, D-Del., and Roland Burris, D-Ill., will not
return.
According to committee spokeswoman Leslie Phillips, legislation extending
benefits to the same-sex partners of federal employees is likely to be on next year's agenda, in addition to issues like homegrown
terror, cybersecurity legislation, reform of the Federal Protective Service, and oversight of border security and emergency preparedness.
"Federal employees don't all paint with the same brush, and they don't all
vote the same way," said Klement. "They don't hold homogenous views or vote solely for the Democratic ticket. You can't lump
all 2 million together."
2 inmates shot as some 120 brawl at Calif. prison
CALIPATRIA, Calif. ÂTwo inmates
were shot and a dozen others injured as guards used pepper spray and gunfire Tuesday to break up a brawl among about 120 inmates
at a Southern California prison, authorities said. Calipatria State Prison remained
on lockdown some six hours after the violence broke out among the general prison population, spokesman Lt. Jorge
Santana said. Ten inmates were taken to outside hospitals with injuries ranging from moderate to serious, Santana said. He said all the inmates were expected to survive, but one of the
gunshot victims had to be airlifted to a hospital. Guards used pepper spray on prisoners, then fired four rounds from
a Ruger Mini-14 shotgun. Two of the rounds hit prisoners, Santana said.
No staff members were hurt. Prison officials said the facility with about 4,000 men some 120 miles northeast of San
Diego near the Salton Sea has not seen a significant disturbance
for some time. "We were just commenting on how quiet it has been," Santana said. "Something of this magnitude, it's
been a few years." He offered no details on what caused the brawl. But he said the California
Department of Corrections and Rehabilitation, the Office of Inspector General's Bureau of Independent Review and
the Imperial County District Attorney's Office will all investigate the
incident as required by law.
Some inmates exposed to toxic metals: IG report
(Reuters) - Some of the inmates working in a U.S. prison program to break up computer equipment for recycling were exposed
to toxic levels of lead and cadmium, according to a report by the Justice Department's inspector general released on Thursday.
The government-run company that employs prison inmates, called UNICOR, failed to set safety standards for the recycling
program dating back to 1997, and once the problems were discovered officials were slow to correct them, the report said.
"Staff and inmates at several BOP (Bureau of Prison) institutions were exposed to levels of cadmium and lead that exceeded
OSHA (Occupational Safety and Health Administration) levels," said the report by Inspector General Glenn Fine.
It took until 2003 for UNICOR to begin implementing worker protection measures to limit exposures. Despite referrals to
federal prosecutors for possible criminal charges against prison and company staff, none were brought, the report said.
"No action was initiated because of various evidentiary, legal and strategic concerns," the 200-plus page report said.
It was not until 2009 that UNICOR's recycling program complied with OSHA requirements and operated safely.
The program included breaking down computer monitors which can contain from two to five lbs of lead.
UNICOR failed initially to monitor air quality at its facilities where they broke down the monitors, and where there was
monitoring prior to 2003 worker exposures "were at times far higher" than allowed limits for cadmium and lead, the report
said.
Most prison staff and inmates were not given the needed protective equipment such as dust masks. In some cases, respirators
were provided but were inadequate, according to the report.
The Bureau of Prisons said that its factories no longer perform glass-breaking operations and are now deemed to be operating
safely.
"While our factories no longer perform glass breaking operations, we believe that the changes already implemented in our
operations and the changes planned will ensure that all of our operations continue to operate as safely as possible," BOP
spokeswoman Traci Billingsley said.
Bureau of Prisons Unit Guilty of Pervasive Safety
Violations, U.S. Investigation Finds
Federal prison staff and inmates faced primitive and hazardous
working conditions in an electronic waste recycling program that violated more than 30 job safety requirements, according
to a long-awaited government report.
Capping a more than four-year investigation, the blistering report said recycling workers were repeatedly exposed to high
levels of cadmium and lead, both toxic metals, because of a pervasive indifference to safety by senior officials of
Federal Prison Industries, a for-profit corporation within the U.S. Bureau of Prisons that aims to teach job skills to inmates.
As FairWarning reported earlier this month,Prison Industries, also known as UNICOR, had been under investigation by the
Justice Department’s inspector general since 2006. It employs some 17,000
at more than 100 prison factories that make everything from office furniture to vehicle components — though the probe
was limited to the recycling plants it currently runs at seven U.S. prisons.
The recycling program, which launched in the mid-1990s and at its peak included 10 prison sites, takes in computers, monitors,
and other devices, refurbishing some and dismantling others to salvage electronic components, metals and glass. The devices
contain toxic metals such as arsenic, mercury, beryllium, along with cadmium and lead, and are dangerous to handle without
proper ventilation, respiratory protection and training.
The report describes a culture of disregard for safety that prevailed through the early years of the program, and that
included ignoring or concealing hazards to maintain production schedules and cut costs. For example, the report said, managers
repeatedly sought to deceive safety officials by stopping or slowing production prior to inspections, “thereby rendering
the work conditions unrepresentative of normal conditions.”
Managers also ignored information about hazards “that should have caused them to suspend, modify, or postpone”
operations “or at least to conduct further evaluation and testing,” according to the report.
This “sometimes resulted in violations of OSHA regulations and exposures of staff and inmates to toxic metals. As
a pattern, we believe this conduct evidenced willful indifference to the safety of staff and inmates, and constituted gross
mismanagement.’’
As UNICOR expanded the recycling operation, new plants typically were set up without adequate planning or professional
assistance to control hazards and comply with the law, according to the report. It quoted a former warden at the federal
prison in Atwater, Calif., where recycling began in 2002, who described it as “kind of a willy-nilly, no written policy
program…They said we’re going to do this and they just [did it], by the seat of your pants.”
However, the worst violations occurred from the late 1990s until mid-2003, when UNICOR began to make safety improvements,
the report said. For the most part, the recycling plants were in compliance with occupational standards by 2009, the investigation
found.
Moreover, the most hazardous operation, glass-breaking, was halted at all of the recycling plants in May, 2009, the report
said. Glass-breaking involves smashing cathode ray tubes, which typically contain two to five pounds of lead. It can produce
high levels of toxic dust, and at some of the plants flying glass frequently cut inmates.
In a prepared statement, the Bureau of Prisons thanked the inspector general for performing “a detailed analysis
that greatly assisted and will continue to assist our agency.”
“We are pleased that the factories were found to be currently operating safely,” the statement said. “The
continued safety of both staff and inmates alike is a top priority” for UNICOR. “As such, we are committed to
ensuring compliance with all applicable health, safety, and environmental requirements.
Along with Atwater, prison recycling plants are in operation in Fort Dix, N.J., Leavenworth, Kan., Lewisburg, Pa., Marianna,
Fla., Texarkana, Texas, and Tucson, Ariz. Recycling has been suspended at the prison in Elkton, Ohio, following extensive
cleanup of lead and cadmium residues. In 2009, UNICOR employed 860 inmate recycling workers earning from 23 cents to $1.15
an hour.
The report is likely to provide ammunition for legal assaults on the Bureau of Prisons.
As FairWarning reported, the bureau faces demands by prison employees at at least two institutions for retroactive hazardous
duty pay because of working conditions in the recycling plants.
Last fall, the agency quietly paid about $1 million to settle a pay grievance by the union for employees at Elkton in eastern
Ohio, where air tests revealed cadmium levels as much as 450 times higher than federal standards. The Elkton settlement involves
back pay from 2002-2008. The union and Bureau of Prisons are still wrestling over retroactive pay for prior years.
At Atwater, arbitration over hazard pay is scheduled for December if the case isn’t settled first.
Meanwhile, lawyers for current and former employees of the prison at Marianna, Fla., have sued the Bureau of Prisons to
extract records concerning the recycling plant there. They plan to use the information in filing personal injury claims on
behalf of the workers.
Covering 223 pages of narrative and findings, plus more than 1,200 pages of related documents, the report draws on more
than 200 interviews and more than 10,000 documents, the inspector general said. The probe was triggered by a whistleblower
complaint by Leroy Smith, a safety officer who raised alarms about the lack of safety precautions at Atwater prison,
but was rebuffed by his superiors.
Smith, now a safety officer at the federal lockup in Tucson, said Thursday that despite its massive detail, he believed
the report shortchanged some key issues. He also said he was “appalled’’ that no one in a leadership position
‘’is being charged with criminal misconduct.’’
The report said that investigators had determined that 11 UNICOR and Bureau employees “committed either misconduct
or performance failures in their work related to the e-waste recycling program, some of which endangered staff and inmates.”
Some instances of potential criminal conduct were referred to the environmental crimes unit of the Justice Department and
to U.S. Attorneys in Ohio and New Jersey, the report revealed. But it said that after lengthy investigations no action was
taken due to “ evidentiary, legal, and strategic concerns.”
The inspector general reserved the most scathing criticism for Larry Novicky, general manager of Unicor’s recycling
business group from 2000 until 2009, when he was succeeded by Robert Tonetti, a former Environmental Protection Agency scientist.
Novicky could not be reached, but had complained of being a scapegoat for lapses of the recycling program, the report said.
Though no charges were filed for safety violations, the report said that information obtained during the investigation
led to convictions of three Florida men for theft of government property and other crimes related to mishandling of equipment
meant for recycling.
The report noted that the National Institute for Occupational Safety and Health, one of a string of federal agencies assisting
the probe, was unable to link any health problems identified by prison staff and inmates to the recycling work. However, it
said, NIOSH officials could not rule out the possibility of future effects from past cadmium and lead exposures. Nor could
they estimate the potential risk because air testing and medical surveillance had been so spotty.
The most common exposures were to lead, which can damage the kidneys and lead to high blood pressure, fatigue and depression,
and to cadmium, which can also cause kidney damage and raise the risk of cancer.
The report said the inspector general had made a dozen recommendations to improve safety oversight, and the Bureau of Prisons
had agreed to implement them.
However, suggesting that change sometimes comes slow, the report said that as of June the bureau still had a single certified
industrial hygienist to serve 115 institutions and 103 UNICOR factories.
Report: Prison recycling program posed health threat for years
An electronic waste recycling program, designed to provide inmates in federal prisons with jobs and skills,
posed a serious health threat to inmates and prison staff for several years, a new Justice Department report says.
The report, issued Thursday by the department's inspector general, says from the program's startup in the mid-1990s until
2003, staff and inmates at several prisons were exposed to toxic metals including cadmium and lead. Not until 2009 did the
program --named UNICOR -- fully institute adequate policies to protect staff and inmates from the dangerous substances.
The electronic waste program is a major recycling program at eight federal institutions. Computers, monitors, printers,
and other devices are disassembled and recycled by inmates.
The study was undertaken after complaints from prison workers in the program. The report says experts were unable to conclude
that health problems identified by staff or inmates could be linked to recycling work. However, the National Institute for
Occupational Safety and Health said it could not rule out the possibility of future medical effects resulting from past cadmium
and lead exposures.
The inspector general said the UNICOR program deserves credit for seeking to provide the federal government and the public
with recycling services.
However, the program's staff was criticized for frequently failing to share important health and safety information with
prison executives. The report found "willful violations" of regulations in some cases, and determined that 11 UNICOR and Bureau
of Prison employees committed misconduct or performance failures in their work.
The Justice Department and Bureau of Prisons agreed to take necessary actions to improve accountability, oversight and
compliance with health and safety regulations.
Several agencies -- including the Occupational Safety and Health Administration, the Environmental Protection Agency, and
the Centers for Disease Control and Prevention -- helped with the Justice study, because of their experience in dealing with
toxic substances harmful to humans and the environment.
The Truth Behind Federal Pay
There are a number of factors that explain why it appears that the average compensation for federal government non-postal
civilian employees is higher than average compensation for private-sector employees.
The mix of occupations held by federal government civilian employees is different from that of occupations held by the
entire private-sector workforce. The private-sector workforce is in a wider range of jobs than federal
government employees -- from minimum-wage positions to highly paid CEOs.
According to studies conducted by the Congressional Budget Office (CBO), jobs in the federal government civilian workforce are concentrated
in professional (e.g., lawyers, accountants, and economists), administrative, and technical occupations.
In addition, skill levels and educational attainment tend to be higher, on average, for federal government civilian employees
than for private-sector employees because of the occupational requirements in the federal government.
Over the past several years, there has been a shift in federal employment toward higher-skilled, higher-paid positions
because lower-skilled (and lower-paid) positions have been contracted out to private industries. This trend has contributed
to higher average pay for federal government civilian employees than for private-sector employees.
Today federal employees’ retirement benefits are slightly better than average private sector retirement benefits,
but only because so many private employers have withdrawn their contributions to their employee pension programs. Half
of all private employers have no retirement plan whatsoever. Federal employees’ health insurance benefits are still less generous, on
average, than those offered by large private employers and state and local governments.
The average pay gap, as measured by the Bureau of Labor statistics, is 22% with the advantage going to private
sector employees.
Federal employees whose salaries are about $150,000 make up only 2.8% of the federal workforce.
The top earners in the federal government are the doctors that care for our nation’s veterans, the scientists making
breakthroughs in crops that would increase the safety and reliability of the world’s food supply, and the researchers
who work find ways to defend our soldiers from IEDs and chemical warfare.
Take a look at the salaries if the top 2.8% income earners in the private
sector and you will find that there is no comparison to the income of the top 2.8% of the federal workforce.
The federal government is the largest employer in the country, and its workforce is full of people with college and advanced
professional degrees.
If you compare what the government pays to what large companies that employ the same kind of workers – highly educated
people who are given a lot of responsibilities and who do highly specialized work, then you find that the government UNDERPAYS
on salaries, and is just about right on pensions. We’re a bit worse off when it comes to what the worker has to
pay on health care.
The Heritage Foundation, the Cato Institute and Conservative members of Congress are using data that neither establishes
the case that federal employees are overpaid relative to private sector employees, nor raises any legitimate questions about
whether the U.S. Office
of Personnel Management’s calculations of the pay gap are accurate.
One data source being used is the Bureau of Economic Analysis.
The BEA itself warns not to misuse or misrepresent its data by making false comparisons between averages in the private and
federal sectors.
One reason they cite is that BEA’s own compensation estimates include huge payments made by the government to erase
unfunded pension liabilities.
BEA says this “distorts” the comparisons, noting that in 2006, 10.7% of its figure on total federal compensation
came from payments on unfunded liabilities. These are not payments to federal retirees, these are catch-up payments
the government is making to its pension plans in order to adhere to funding requirements.
The growth of federal salaries over the last decade also reflects a period when we’ve been playing catch up.
When we started the current pay system, Labor Department data showed us
behind our private sector counterparts by about 25% on average across the
nation. Today, it is only slightly less than that – maybe about 22% on average.
Our annual pay adjustments are based on the Labor Department’s
own calculations about changes in private sector pay. The Labor Department
reports out an annual change in the ECI (Employment Cost Index) and a year later, federal employees usually get a raise that’s ECI minus
a point or so.
An apolitical analysis of Bureau of Labor Statistics’ data that
compares the pay of those in the private sector and state and local governments
to federal employees on a job-by-job, and city-by-city basis finds that federal employees are underpaid by an average of about
22% nationwide. Of course, there are variations in the size of this gap, e.g. federal employees in New York City suffer
a bigger pay gap than those in those in Wyoming or Mississippi. But
the basic fact that federal salaries are lower than private sector salaries is irrefutable.
Federal employees have an enormous amount of important work to do, caring for our nation’s veterans, policing the
borders, protecting citizens from violent criminals in federal prisons, getting Social Security checks in the
mail, re-regulating the financial system, restoring environmental standards, and ensuring the safety of our food, water,
air, housing, and transportation systems.
There’s no mystery to federal pay. It’s all out in the open, and it’s all based exactly on movement
in private sector pay.
The percentage of private sector workers with pension plans is just
about 50% and has been declining slightly ever since the 1970’s.
When you compare pension benefits between the federal and private sectors on average, you’re including the half of all private workers
who get absolutely nothing from their employers in the way of pensions. On the basis of such a skewed comparison, of
course federal pensions look good.
The numbers look very different when you do an apples to apples comparison. What would apples to apples look like?
Unfortunately for millions of Americans, private sector employers have
abandoned subsidized benefits in droves over the last two decades, as the pressures of global competition and free trade have
caused a worldwide race to the bottom on labor costs.
What is the bigger outrage -- that employees of the government of the richest nation on earth receive help paying for
retirement benefits, or that less than half of private sector workers do? That federal employees get a modest subsidy
toward the cost of health insurance, or that only 60% of private sector workers do?
Thirty years ago, private sector workers had higher subsidies for health insurance and more generous pensions than federal
employees.
In the post-NAFTA America, where well-compensated jobs go either overseas or to non-union havens, and where American workers
are effectively prohibited from forming unions in order to bargain collectively, employer-subsidized healthcare and pensions
like those federal employees still have – benefits that once were inferior to those enjoyed by their private sector
counterparts -- have become increasingly rare.
Douglas factors: Be sure to consider employee's
rehabilitative potential
Key Points:
ˇ Employees lacking remorse may have low rehabilitative
potential ˇ Prior misconduct should be considered ˇ Deciding official's questionable credibility may validate AJ's determination
Douglas factors: Be sure to consider employee's rehabilitative potential
By
Anjali Patel, Esq., cyber FEDSŽ Staff Writer
ANALYSIS: When determining an appropriate penalty for an employee's
misconduct, agencies must consider the employee's potential for rehabilitation as part of the Douglas factors analysis. Douglas
v. Veterans Administration, 106 LRP 16523 , 5 MSPR 280 (MSPB 1981).
To determine rehabilitative potential, case law
shows that agencies should evaluate whether the employee expressed remorse for the misconduct, exhibited a pattern of behavior,
and his response to prior disciplinary attempts.
Here are some key principles from recent cases to keep in mind:
ˇ
An employee who does not acknowledge wrongdoing or express any remorse generally does not have the potential for rehabilitation.
Social Security Administration v. Long, 110 LRP 6294 , 113 MSPR 190 (MSPB 01/27/10); Ward v. U.S. Postal Service, 109 LRP
54881 , 112 MSPR 239 (MSPB 08/31/09); Bogumill v. Department of Veterans Affairs, 110 LRP 55487 (MSPB AJ 03/31/10); and
Moseley v. Department of Justice, 109 LRP 62263 (MSPB AJ 08/11/09). In contrast, the MSPB decided the employees in Lee had
rehabilitative potential because they were strong performers and valued workers without prior discipline. Special Counsel
v. Lee, 110 LRP 28583 , 114 MSPR 57 (MSPB 05/14/10).
ˇ A pattern of behavior or failure to respond to prior disciplinary
attempts may outweigh an employee's admission to wrongdoing and remorse, especially if the remorse is shown only after disciplinary
action. In Zayas v. Department of Veterans Affairs, 110 LRP 3177 (MSPB AJ 10/06/09), an administrative judge found that an
employee lacked rehabilitative potential, even though he showed remorse and apologized, because he continued to violate the
agency's limited-use computer policy after receiving training in proper usage. Similarly, in Long v. Department of Treasury,
109 LRP 60720 (MSPB AJ 08/04/09), the employee expressed regret for failing to use the money deposited by the agency into
his bank account to pay for official charges on his agency credit card, as required by agency policy. However, he also criticized
the requirements he violated, made excuses for his actions, and was previously suspended for the same type of violation.
ˇ Prior discipline does not include proposed actions that are withdrawn or never realized, and cannot be the basis
for finding the employee cannot be rehabilitated. Tryon v. U.S. Postal Service, 108 LRP 9894 , 108 MSPR 148 (MSPB 02/20/08).
ˇ The nature and seriousness of the misconduct may indicate an employee's lack of rehabilitative potential. In Social
Security Administration v. Long, 110 LRP 6294 , 113 MSPR 190 (MSPB 01/27/10), the board sustained the removal of an administrative
law judge for domestic violence charges. The ALJ's long federal service without prior discipline did not outweigh "the nature
and seriousness of the respondent's violent conduct and its adverse impact on his agency, as well as the absence of provocation
and his lack of remorse." In Grossman v. Department of the Air Force, a command post manager violated agency policy when he
misused government equipment to support his law practice and provide free legal services to his immediate supervisor. The
administrative judge found that the nature and seriousness of the misconduct casted "significant doubt on the appellant's
potential for rehabilitation," even though the employee's work performance, lack of prior discipline, and length of service
supported mitigation. 110 LRP 36535 (MSPB AJ 01/12/10).
Credibility determinations
The MSPB also recently
addressed whether an AJ has to defer to the deciding official's assessment of the evidence presented for a particular Douglas
factor.
In Woebcke v. Department of Homeland Security, 110 LRP 26911 (MSPB 05/06/10), the board found that an AJ may
make an independent assessment of an employee's potential for rehabilitation when making a negative credibility determination
based on the deciding official's testimony. The AJ concluded that the "deciding official's own conduct belied his testimony"
when he showed confidence in the employee's rehabilitative potential by authorizing additional training based on the belief
the employee would return to work after a short suspension.
EEOC faults BOP for not stopping dangerous harassment
CASE FILE: Mercedes v.
Department of Justice, Federal Bureau of Prisons, 110 LRP 58666 (EEOC OFO 09/17/10).
Ruling: A correctional officer
with the Federal Bureau of Prisons was subjected to harassment on the bases of his race and national origin when a coworker
made comments that undermined his authority with inmates. The agency could not avoid liability because it failed to take immediate
and appropriate action to stop the potentially dangerous harassment.
What it means: Whether a coworker's comments
and conduct rise to the level of creating a hostile work environment may depend somewhat on the working conditions at the
site where the challenged conduct takes place.
Summary: The complainant, a senior correctional officer at a Federal
Bureau of Prisons medical center, alleged he was subjected to harassment by a coworker because of his sex, race (black), and
national origin (Hispanic). Briefly, the coworker embarrassed the complainant in front of inmates and other correctional officers
with inappropriate greetings such as "Hi, sexy" and "Hey, handsome." The complainant claimed this was potentially dangerous
for him because it undermined his authority in front of inmates. On one occasion, the coworker rang the doorbell of the complainant's
unit incessantly. When the complainant later contacted him by radio to discuss the incident, the coworker essentially challenged
him to a fight. The agency found no discrimination. The EEOC reversed on appeal. It found the conduct at issue might not normally
be considered harassment, but that undermining respect for the complainant's authority in his serious line of work was sufficiently
severe to create a hostile work environment.
The EEOC further found evidence that the coworker "targeted minority
officers for his abuse," which included excessive ringing of doorbells and inappropriate comments. The EEOC concluded that
the agency could not avoid liability for the harassment because it was aware of the coworker's misconduct and its potential
for creating hazardous working conditions, but failed to take immediate and appropriate action to stop it.
The EEOC
remanded the case, in part directing the agency to address the issue of compensatory damages.
Prison
violence
In 2009, the correctional
officers and staff at USP Lewisburg were given an almost impossible mission — to house the worst of the worst
inmates in the federal penitentiary system.
These are inmates who have shown, through their actions, that they
are unable to control their behavior.
The federal prison system’s
answer is to simply give them harsher punishments: lock them down in a tiny two-man cell for 23 hours a day with one hour
of recreation in an enclosed cage.
These are conditions that would drive anyone crazy, let alone someone who has a
history of behavioral problems and, often, violence.
These are also conditions that have been proven, time and
time again, to not only be ineffective at controlling inmates’ behavior, but to also cause psychological damage.
Yet,
they continue to be used to over and over again as the solution to dealing with disruptive inmates.
These are also
conditions that put correctional officers at extreme risk every day they enter the institution.
The men and
women that I have met who work at Lewisburg are professional, caring and are doing their best with the mission they were given
to run a safe and secure facility.
Conditions at USP Lewisburg must be changed, but we must also change the conditions
that have led to over 210,000 inmates incarcerated in our federal prisons and over 1.4 million incarcerated in our state prisons.
Our country’s solution to crime over
the past 30 years has been to simply lock people up and throw away the key, resulting in overcrowded
prisons, inadequate staffing and violence.
Until we, as a society, become more supportive of alternatives to
incarceration, we will continue to have violent conditions in our prisons, such as what we are seeing in Lewisburg and other
facilities around the country.
Inmate stabs 2 guards
By Francis Scarcella
LEWISBURG - Two guards were stabbed, one of them in the abdomen,
by an inmate during a routine inspection of a cell Friday at the U.S. Federal Penitentiary at Lewisburg.
While their
injuries were reported to be non-life threatening, according to prison spokesman Andrew Ciollo, the attack comes on the
heels of reported security concerns at penitentiary.
The assault took place around 9:30 a.m. after the guards searching
cells, Ciollo said. As guards were trying to handcuff the inmate through a slot in the door, the prisoner used a shank to
attack them. The guards, who have not been identified, were treated at Evangelical
Community Hospital, Lewisburg, for slash wounds to their hands. One suffered a penetration
wound to the abdomen.
Friday’s attack comes fewer than two weeks after the Lewisburg Prison Project and the correctional
officers union raised concerns about security at the penitentiary. Advocates described how similar attacks at the penitentiary
in recent months have occurred during the same process - as inmates are unshackled.
The Lewisburg Prison Project -
a staff and inmate advocacy group - said three inmates have been killed and at least one correctional
officer was seriously injured in the past year.
Board member Angela Trop said one inmate who wrote the group
summed up his fear succinctly: “A single cell would be cheaper than what they’ve spent in hospital bills and funerals.”
Ciollo
insists the facility is safe and reiterated those remarks Friday.
“It’s prison,” Ciollo said.
“Incidents do occur and unfortunately this is one of those times.”
Trop disagrees with Ciollo and blames
rising violence on inadequate staffing, policies and procedures to maintain the special management unit that houses about
1,000 inmates who posed behavioral problems at other federal prisons across the country and need to be held in a more restricted environment.
Although
inmates in the special unit at Lewisburg are considered the worst in the federal system, they are still held in two-man cells
for 23 hours a day without television and may not refuse a cell mate.
The inmate who carried out Friday’s attack
was housed alone.
“There is no reason to why he was alone,” Ciollo said. “It was just by chance
that he was celled alone.”
The FBI is investigating Friday’s
stabbing. Calls seeking comment on the number of active investigations focused on violence at the penitentiary were not returned
Friday
afternoon.
Prison Workers Demand Pay for Hazardous Exposures as Long-Running Dispute Turns Toxic
A government-owned company that runs electronics recycling plants at federal prisons from New Jersey to California is coming
under intensified scrutiny for repeatedly exposing prison employees and inmate laborers to excessive levels of lead and other
toxic metals.
The Justice Department’s Office of Inspector General is expected within days to release its report on a years-long
investigation of the recycling operations — including accusations that prison officials ignored basic workplace safety
precautions.
Separately, the U.S. Bureau of Prisons has quietly paid about $1 million to settle a grievance over hazardous duty pay
for employees of an Elkton, Ohio, prison with one of the recycling plants. On one occasion, an air test at the eastern Ohio
institution found cadmium levels 450 times higher than federal safety limits.
And a union for employees at the federal lockup in the central California community of Atwater also is demanding retroactive
hazardous duty pay. Barring a settlement, that case is scheduled for arbitration in December.
On another front, lawyers preparing health claims for employees of the prison at Marianna, Fla., last week sued the Bureau
of Prisons, claiming it has illegally withheld records about the recycling operation there, including by blaming a loss of
documents on Hurricane Ivan.
“They’re trying to keep a very tight lid on this for as long as they can,” said Katherine Viker, one
of the lawyers. “This is embarrassing for them.’’ Bureau officials declined comment.
At issue is the conduct of Federal Prison Industries, a for-profit, government-owned corporation established in the 1930s
to provide constructive activity and job skills to inmates. The company, which goes by the trade name Unicor, employs thousands
of inmates in a variety of businesses, including recycling factories at eight institutions: Ft. Dix, N.J., Leavenworth, Kan.,
Lewisburg, Pa., Marianna, Fla., Texarkana, Texas, and Tucson, Ariz., in addition to Elkton and Atwater. In 2009, the recycling
business employed 860 inmates earning from 23 cents to $1.15 an hour, according to Unicor’s annual report. Sales from
recycling operations last year were about $9.2 million.
It could not immediately be determined if any claims have been filed on behalf of inmates.
The settlement with Elkton employees was reached last October, according to people who described it to FairWarning. Union
officials would not provide a copy, saying the agreement is sealed. The Bureau of Prisons would not confirm the settlement,
discuss the pending case at Atwater, or say if similar negotiations are underway at other institutions with recycling plants.
“It would be inappropriate to comment in regards to allegations about this program that may have been raised by recent
litigation and/or union grievances,’’ the bureau said in a statement to FairWarning. “These matters are
pending and/or confidential.”
The recycling plants take in computers and TVs, sorting out those that can be refurbished or sold. The rest are dismantled
to salvage electronic components, metals and glass. Until recently, some of the plants routinely smashed thousands of cathode
ray tubes from computer monitors and TVs — a potential source of hazardous dust because the tubes contain cadmium and
up to several pounds of lead.
Lead exposure can cause a range of health effects, including harm to the kidneys, cardiovascular and nervous systems. Cadmium
can also cause kidney and neurological damage and is a human carcinogen. According to documents and interviews, some of the
recycling plants operated for years without adequate ventilation and dust controls, protective gear or hygiene measures —
such as change rooms to keep workers from wearing contaminated clothing to their homes or cells.
“They didn’t put the safeguards in place to do it the right way,” said Bill Meek, an Elkton employee
and vice president of local 607 of the American Federation of Government Employees, which represents Elkton workers.
In recent years, the bureau has taken steps to upgrade safety. It has spent about $800,000 for decontamination work at
Elkton, where the recycling plant remains idle since closing down for the cleanup in 2008.
Officials say that in May they halted glass-breaking — the smashing of cathode ray tubes. The move was prompted by
financial rather than safety considerations, they said.
“We are confident that our current recycling operations are safe,” Bureau of Prisons spokeswoman Traci Billingsley
said in a written statement.
Though some employees say they have suffered serious illnesses, it’s uncertain if any recycling-related ailment has
ever been confirmed by medical diagnosis. After visits to four of the sites, investigators from the National Institute
for Occupational Safety and Health reported last December that they had “documented no health problems that could be
linked to recycling work .”
However, illnesses from toxic exposures sometimes take years to develop, experts say. And according to a string of government
reports, it is impossible to know the extent of staff and inmate exposures at some of the sites because records for the early
years are sketchy or non-existent.
“The program was developed…into a prison industry ‘on the fly’ without any research into potential
hazards, health or safety matters, training or discussions of hazardous waste handling,” according to an affidavit by
Joe McNeal, a former employee who in 1994 helped set up the first of the recycling plants at Marianna.
The first stirrings of trouble came when Leroy Smith, a safety officer at Atwater, questioned whether adequate safeguards
would be in place at a new recycling plant there. Several institutions, including Marianna, Elkton and Texarkana, already
had recycling factories. Smith wanted his superiors to order a hazard assessment before opening the Atwater plant, but as
later noted in a Bureau of Prisons report he was rebuffed.
Atwater began recycling in April, 2002. Records show that from June through November, a series of air tests found lead
and cadmium above limits set by the Occupational Safety and Health Administration. An air test the following February revealed
excessive levels of beryllium, a toxic metal used in computers.
“It was a trial and error” operation, recalled Phil Rodriguez, a former Atwater safety officer now working
for the Bureau of Prisons in Washington state. Along with ‘’metal and dust and everything flying in the air,”
Rodriguez told FairWarning he saw inmates getting “massive cuts’’ from breaking cathode ray tubes without
goggles or face shields.
For his part, Smith filed a whistleblower complaint in 2004, saying his recommendations had fallen on deaf ears and that
he had suffered harassment and intimidation for trying to protect inmates and staff. His complaint was settled with
his transfer from Atwater to the federal prison in Tucson.
In 2006, he was honored with the annual “Public Servant Award” of the U.S. Office of Special Counsel, an independent
investigative agency that examines whistleblower cases.
By then, the dispute had taken on a life of its own. The Office of Inspector General had opened its investigation, enlisting
NIOSH and the Federal Occupational Health Service to review records and assess conditions at several recycling sites.
“Electronics recycling at…Texarkana appears to have been performed from late 2001 until May 2004 without appropriate
engineering controls, respiratory protection, medical surveillance, or industrial hygiene monitoring,” said one of the
reports. Therefore, “we cannot determine the extent of exposure to lead and cadmium that occurred during that time.”
The picture that emerged of Elkton was more damning.
There, too, recycling had been done from 1997 until May 2003 without proper safeguards or air monitoring, NIOSH said.
However, air tests in May 2003 revealed cadmium above permissible levels. In 2005,Unicor launched a program to recover
computer chips without taking steps to control the temperature of lead solder. “Staff described a visible haze…and
expressed concern about exposure to lead fume from this operation,’’ NIOSH said. “Descriptions of work tasks
from staff…indicate that exposure to lead during this process did occur.’’
Also in 2005, OSHA inspectors took air samples and cited the plant for serious violations of the cadmium standard.
Chris Carusso, a former Elkton employee, told FairWarning that supervisors usually knew when inspectors were coming in,
and ordered staff to shut down operations and do a thorough cleaning.
“When I first started, I used to do it and then I kind of got hip to what was going on,” Carusso said. “I’d
tell the inmates, ‘Don’t do anything special.’ ”
In February, 2007, during a monthly cleaning of ventilation filters in a glass-breaking area, NIOSH investigators found
that cadmium levels were 450 times, and lead levels 50 times, above OSHA limits. The reason, according to their report, was
that instead of using a wet process to hold down dust, workers cleaned the filters by “vacuuming, shaking, or banging
on the floor to shake dust out.”
The Elkton settlement does not involve claims of health damage but the narrow issue of hazardous duty pay. Federal regulations
provide for a wage boost of up to 25 percent for government employees whose work involves unusual hardship or environmental
danger. The union filed a grievance, saying the NIOSH findings showed that Elkton staff were entitled to hazard pay for time
spent working in and around the recycling complex.
The agreement covers back pay for the years 2002 to 2008, and provides a maximum of about $50,000 to a few workers with
the highest potential exposures.
Coffman Introduces Federal Furlough Bill to
Save Taxpayers $5.5 Billion
(WASHINGTON) — Rep. Mike Coffman (R-CO) this week introduced a bill that would subject federal civilian employees to a
two week furlough in 2011 and reduce salaries of members of Congress by 10 percent saving taxpayers
more than $5.5 billion. The bill, H.R. 6134, is a one year measure to reduce federal spending and combat the unsustainable
deficit spending
in Washington.
Introducing his bill, Coffman remarked, “Currently, at least 24 states, and nearly three quarters
of a million workers, are undertaking a budget-cutting maneuver that I believe we should institute at the federal level: short
term employee furloughs. These states, across the nation, along with city and county government counterparts, recognize
that occasional worker furloughs are necessary to cut budgets and hold down spending. It also has the benefit of ensuring
that federal workers are not sheltered from the realities of life in today’s economy.”
“One of the most unpleasant adjustments a former small businessman or former state legislator - and I am both - faces in
coming to Washington is the unlimited ability of the federal government to deficit spend. Furlough Fridays are becoming a common occurrence for state
and local governments. They present slight problems but they provide large solutions to the budget troubles we face.
I believe that managed appropriately, with due allowance for vital and national
security implications, as specified in this bill, they can do the same for the federal government.”
“The federal government continues to grow, and continues to rack up debt. I would like
to make the U.S. government as cost conscious as the states. My legislation is a start,” Coffman concluded.
Coffman’s bill, H.R. 6134, will make federal civilian employees subject to a non-consecutive
two week furlough in 2011, correspondingly reduce appropriations for salaries and expenses for offices of the legislative branch, and provide a 10 percent
reduction in pay for members of Congress. An exception is provided
for national security or reasons relating to public health or safety, including law enforcement. Coffman’s bill
will save the federal government over $5.5 billion.
Prison Watch: Standish group hopes to rid community of prison rumors
STANDISH — Standish community leaders want to calm the rumor mills when it comes to talking about the state selling
Standish Maximum Security Prison to the Federal Bureau of Prisons.
"We've heard from people that it's going to be a no-man zone around the prison, that they we're going to reroute M-61,
but none of that is true," said City Manager Michael Moran. "We want to make sure that if people have heard any rumors, that
they contact us and we can help determine what's true and what isn't."
Last month, a group called Prison Watch was formed, that includes Moran; Curt Hillman of the Standish Downtown Development
Authority, Arenac County District 3 Commissioner Michael Snyder; Lincoln Township Supervisor David Hertzburg; Mayor Mark Winslow;
and Renee Reetz, Marvin Ittner and Ruth Coldwell of the Standish Chamber of Commerce.
In the beginning of August, Gov. Jennifer Granholm and U.S. Rep. Bart Stupak, D-Menominee, requested that the Federal
Bureau of Prisons reopen the Standish prison.
That came seven months after federal officials decided not to use the prison to hold Guantanamo Bay detainees.
The group plans to meet at 7:30 a.m., Sept. 28, at the Pine River Golf Club in Standish, 2244 Pine River. The group first
met Aug. 20, according to the Arenac County Independent.
Moran said the group plans to setup an information hotline that will allow residents to call in rumors or questions.
"I'll let them know if it's just a rumor, and if I don't know, I'll find out," he said.
Currently, property owners near the prison are waiting for the U.S. Department of Jusice Federal Bureau of Prisons Capacity
Planning and Site Selection committee to begin an environmental impact study, which Moran said could start by year's end and
take anywhere from five to 12 months total.
Property owners will be given a 48-hours notice before federal officials would visit and are being asked to be present
for the impact study, said Moran.
In the meantime, Moran said public hearings by the Federal BOP are also in the works.
Federal official: Standish Max and Illinois prison both in running for feds to purchase
STANDISH — Standish Maximum Security Prison is still in the running to
become a federal facility, but a familiar foe in Illinois may have the competition locked up.
Federal officials recently completed a required environmental impact study
on the facility that beat out Standish prison last year to hold Guantanamo Bay terror detainees. Once a 30-day public comment
period ends Oct. 1, federal officials could make an offer to purchase Thomson Correctional Center, a 1,600-cell prison located
in northwestern Illinois. The BOP published the study last month.
But that doesn’t mean Standish is out of the question, according to Richard
Cohn, spokesman for the Federal Bureau of Prisons.
After federal officials toured Standish last month, they said
they would do the same environmental impact study and expected its completion in 12-18 months.
“It’s not a secret what facilities the bureau is looking at,”
said Cohn. “They are equally as interested in Standish. That’s why we are going to complete the environmental
impact study, there.”
Standish City Manager Michael Moran said the federal officials have kept the
community aware that they are looking at all options.
“They have been very up front about looking at other prisons,”
said Moran, who started a group last month called Prison Watch that aims to better inform the public
about prison updates. “At least we’re still talking about it.”
Thomson Correctional Center is located just north of Thomson, Ill., near the
Mississippi River about 150 miles from Chicago.
The village of Thomson is along Illinois Route 84 and has a population of about
559 according to the 2000 census. The town is known for its watermelons and has the nickname “Melon Capital
of the World.”
Its prison has an area of about 146 acres and comprises 15 buildings, according
to the Illinois Department of Corrections website.
The facility has eight cell-houses and an additional minimum-security unit
with 200 beds, compared to Standish’s five 88-bed units and one 164-bed unit — which allows for a capacity of
604 prisoners.
Thomson Correctional Facility is not a new name to the people of Standish.
Late last year, the Illinois facility beat out Standish to hold Guantanamo Bay detainees. Recent legislation,
however, prohibits those detainees from being held on U.S. soil, opening the doors to hold federal prisoners.
President Barack Obama has already secured $170 million in funding in the 2011
budget for the Illinois prison. That funding is about $50 million short of what the state of Illinois appraised the facility
at in August, according to published reports by the Clinton Herald, an Iowa newspaper.
The Illinois prison has seen minimal use since being built in 2001. State budget
constraints kept the prison closed from 2001-2008. As of 2009, only the minimum-security section houses prisoners.
Standish Maximum Correctional Facility opened in 1990 and operated until it
closed Oct. 31, 2009.
Both prisons could be considered for acquisition due to high-security federal
prisons being overly crowded by 53 percent, said Cohn.
“There’s several ways we go about trying to reduce our rates of
crowding — acquisitions of facilities is one way of doing that, or constructing new facilities,” said Cohn. “Without
adequate funding available, acquisitions of existing facilities seems to be the best option.”
Along with results from the environmental impact study, community support becomes
“extremely” important, said Cohn.
“You have to understand that we are going to transfer our people there,”
he said, “and try to hire people in the local area. It would be hard without the support. The staff needs to be accepted
in the community.”
Not everybody in Standish is onboard with the possible transformation of the
state prison into a federal prison. When federal officials came to Standish last month, a few people, most former Standish
corrections officers, protested the possible purchase.
Michigan Department of Corrections Spokesman Russ Marlan said without community
support, the Standish prison could remain closed.
“If there’s no support, they are going to go somewhere else,”
he said. “It plays a significant role.”
Bureau of Prisons not notifying victims
about medical furloughs
Federal prisons are failing
to notify crime victims and witnesses when inmates are granted furloughs for medical treatment, a report by the Justice Department's inspector general says.
The Bureau of Prisons also has no system for tracking data about inmates who commit crimes while they are
on temporary release or when they escape while on release, among other recordkeeping problems that are preventing the government
from ensuring that leaves are properly granted and overseen.
The bureau, which had 208,745 people who had committed federal crimes incarcerated
at the end of the past fiscal year, proposed a revised furlough policy in 2003 to address medical leaves, limit furloughs
for inmates convicted of drug use and possession, and other issues. But after seven years, the changes still have not been
negotiated with the union representing guards and other prison employees, the report says.
Under a labor agreement with the National Council of Prison Locals, part
of the American Federation of Government Employees, new policies that affect the work conditions of prison employees must be negotiated. Management
and union officials meet for three days each month to take up these issues in the order in which they arise. About 50 other
matters are awaiting negotiation, Bureau of Prisons officials told auditors for the inspector general. And the bureau said
it may not be able to make the changes until 2017.
"We will make every effort to negotiate the furlough policy with the union
to implement the required changes," prisons officials told auditors, according to the report. "This will be completed by Dec.
17, 2017."
That time frame "is excessive and unacceptable," says the report, released
this month by Inspector General Glenn A. Fine.
It was unclear why such a long delay is possible. Traci Billingsley, a bureau
spokeswoman, declined to comment.
"The lengthy delay undermines the [bureau's] ability to implement necessary
changes in practices, some of which can affect the safety and security of [bureau] institutions or affect victims' rights,"
the report said.
Bryan Lowry, the union president, said the union would be happy to discuss
a new notification policy for victims and witnesses and other changes that prison officials have requested, such as a required
urine test for inmates returning from furloughs to determine whether they have used drugs.
"But they've never brought it to our attention to move it up" in the line,
Lowry said. "Probably some of these issues need to be dealt with, but there's a manipulating on the agency's part going on.
. . . They never brought up the specifics of wanting to move this to the front burner." The prison staff is working under
a contract that expired in 2001, he said.
From 2007 to 2009, federal prisons granted 162,655 unescorted furloughs
to about 90,000 inmates. The inspector general did not know how many furloughs were given for medical treatment.
Most were "transfer furloughs," used when inmates are moved to a halfway
house. About a third were "non-transfer" furloughs, given for a day or an overnight trip so a prisoner can receive medical
treatment, attend a funeral, visit a dying relative, appear in court, or participate in educational, religious, social or
civic functions. The privilege is given only to prisoners who are not considered dangerous.
Prison officials agreed with the report's findings that poor recordkeeping,
done mostly by hand on paper, is hampering the bureau's ability to spot trends and to readily access data about the furlough
program.
The bureau does not regularly review furlough data and does not know whether
inmate records that appear to show an escape or an improper furlough were the result of an error in recording or an improper
release.
The bureau pledged to transfer more records to
electronic systems.
Escaped prisoner defeated electric fence
STERLING - An inmate who escaped from one of the most secure prisons in the state bypassed a lethal electric fence surrounding
the prison by grounding himself and going under the fence, 9Wants to Know has learned.
We had the stun-lethal fence and there wasn't an expectation that something like this could ever happen," Department
of Corrections head Ari Zavaras told 9Wants to Know.
Douglas Alward escaped from the Sterling Correctional Facility on Aug. 22 and was found near a cornfield in Yuma County
three days later after taking a woman hostage.
Alward, who escaped from state prisons twice before and a county courthouse once, was serving a 20- to 40-year prison sentence
for convictions of attempted murder, assault, burglary and kidnapping.
"We thought we had in place all of the systems that made [an escape] very difficult," Zavaras said.
Alward came to the prison as a maximum security inmate but with good behavior worked his way to the minimum
restricted level, the second lowest inmate level.
The Sterling Correctional Facility has three fences between the prison and the outside world.
Alward used a home made ladder created from copper that he got inside the prison to get over the razor wire on top of the
fence closest to the prison.
"He was able to scale that," Zavaras said.
Yards from the first fence is a "stun-lethal" electric fence designed to stun an inmate when touched the first time.
The fence then goes into lethal mode and charges with enough electricity to instantly kill anything that touches it a second
time.
"The electric fence was operational but this individual devised a way to defeat that," Zavaras said.
"He found a way to ground himself," Zavaras said. "I don't want to go into particulars for obvious reasons."
9Wants to Know has learned Alward went under the electric fence and then over the final fence.
That fence is meant to prevent anyone outside the prison from reaching the electric fence, Zavaras said.
Alward is the first inmate in state history to defeat the deadly electric fence.
Zavaras says he is committed to making sure Alward is the last.
"What I've found in situations like this is that it is never just one thing. There are a lot of factors I think that can
contribute to it," he said.
The prison has already made changes to the electric fence to prevent someone else from escaping the same way Alward did.
Zavaras says he's confident no prison staff member assisted Alward and has contracted with an outside company to review
prison security and procedures.
"The day after the escape, we started making some immediate changes. We knew to correct a couple of things when we learned
how the escape happened," Zavaras said, as he pledged to do everything he can to make sure no one else escapes.
"Are we going to make it more difficult for anybody who would want to try this in the future? You bet we are, and I'm confident
we are," he said.
13th Judicial District Attorney Bob Watson says he plans to file charges against Alward next week.
Alward will likely spend the rest of his life behind bars. He's currently being held at the Colorado State Penitentiary
in Cańon City, Colorado.
DOC Spokeswoman Katherine Sanguinetti says Alward was scheduled to have a parole hearing in October. If he
had received parole, he would have likely gone to a federal prison to serve a federal sentence for kidnapping.
She says he had been "following the rules."
His prison record dates back to 1979.
Labor Day and the Pullman Strike of 1894
Labor
Day, observed on the first Monday in September in the United States, is considered by many to mark the end of summer.
Although it is ostensibly meant to celebrate the civic and economic contributions of American workers, it is also connected
historically to workers' repression and political appeasement.
Exactly who first came up with the idea of Labor Day is unclear, but two stories are at the front of the running:
In the first story, Peter McGuire, cofounder of the American Federation of Labor (AFL) and general secretary of the Brotherhood
of Carpenters and Joiners, first suggesting a Labor Day holiday to honor those whose sweat and toil created the country's
prosperity.
In the second story, the holiday was conceived by machinist
Matthew Maguire in 1882, while he served as secretary of the Central Labor Union of New York. Documents show that the Centeral Labor Union
adopted a Labor Day proposal and created a planning committee for a demonstration and picnic.
Regardless of whose idea it was, the first Labor Day was celebrated on Tuesday, September 5, 1882, in New York City; the
second was celebrated exactly a year later. In 1884, the first Monday in September was chosen as the holiday, and the Central
Labor Union urged other labor organizations to begin observing the holiday. Support for a national Labor
Day celebration grew.
Meanwhile, near Chicago, George
Pullman founded Pullman, Illinois, in 1880, to house the employees of his railroad sleeping car
manufacturing company. The entire town was designed and built to house the Pullman Company's employees.
All was well with the Pullman
Company until an economic depression swept the country in 1893. In response to a falling demand for sleeper cars, Pullman began lowering wages, but rental costs in Pullman, IL, (which were controlled
by and automatically paid to the Pullman Company) remained unchanged. Facing plummeting take-home pay, Pullman employees began
walking off the job.
Eugene V. Debs and the American
Railway Union (ARU) picked up the cause, and pretty soon, railroad workers across the United States were boycotting
trains that carried Pullman cars.
President Grover Cleveland, citing the now delayed mail system, declared
the strike illegal and sent 12,000 troops to break it. Two men were killed in the violence that erupted near Chicago. Debs
was sent to prison, and the ARU was disbanded, and Pullman employees henceforth were required to sign a pledge that they would
never again unionize.
Sensing the political unease caused by his anti-labor stance during the Pullman strike, President Cleveland put reconciliation
with labor forces at the top of his to-do list. Labor Day legislation was
rushed through Congress and passed unanimously on June 28, 1894, just six days after the end of the Pullman strike.
U.S. Fails to Notify Victims About Prison Furloughs
WASHINGTON — The federal Bureau of Prisons has long recognized a potential problem with its handling of furloughs
of inmates for medical treatment: nobody has the job of notifying crime victims and witnesses that an inmate is being temporarily
released.
In 2003, the bureau drafted a proposed policy that would require officials to provide such notice.
Yet seven years later, the bureau has yet to carry out the policy. And the agency now says it may not be able to fix the
problem until 2017 — a time frame called “excessive and unacceptable” in a new report by the Justice Department’s
inspector general, Glenn A. Fine.
“There has been excessive delay in implementing the B.O.P.’s revised furlough policy, which affects victims’
rights and hinders the B.O.P. from addressing weaknesses in the furlough program,” Mr. Fine said in a statement. “It
is critical that the B.O.P. implement a revised furlough policy in a more timely manner.”
The report did not identify any instances in which a federal inmate on a medical furlough had harassed victims or witnesses.
But it presented the potential for that as obvious.
Bureau of Prison officials told Mr. Fine’s office that they agreed the furlough procedures needed an overhaul. But
they said they could not fix the policy quickly because of a contract with the labor union that represents guards and other
bureau employees.
Under a collective bargaining agreement with the National Council of Prison Locals, a part of the American Federation of
Government Employees, any policy changes at the agency that could have an effect on conditions of employment must be negotiated.
Agency and union officials meet for three days each month to discuss such issues, one at a time and usually in the order in
which they were proposed.
While the bureau sent the draft furlough policy to the union in 2003, it has still not been discussed. There are about
50 pending policy matters awaiting negotiation, Mr. Fine’s report said. Although it was not clear where in the line
the furlough policy is, it is not likely to get to the front for “a very long time,” agency officials told Mr.
Fine’s office.
“We will make every effort to negotiate the furlough policy with the union to implement the required changes,”
the Bureau of Prisons told the inspector general’s auditors. “This will be completed by Dec. 17, 2017.”
Bryan Lowry, the union’s president, said he rejected any effort to “point the finger at the union.” He
acknowledged that the union would want to discuss the additional work that a notification policy would entail, but said that
it had no objections to taking care of such a “serious issue” ahead of other policy proposals.
“They could have moved this to the front of the line, but they never requested it,” Mr. Lowry said, adding
that the union has never objected to a request to deal quickly with a high-priority issue. “We would have moved that
straight to the top and tried to negotiate that and get it out as soon as possible.”
The Bureau of Prisons’ press office did not respond to requests for comment.
The inspector general’s report said that from 2007 to 2009, federal prisons granted “nontransfer” furloughs
— those in which an inmate left and then returned to the same prison — to about 2,000 inmates a year, representing
less than 1 percent of the federal prison population.
Reasons for furloughs included receiving medical treatment, visiting dying relatives, attending funerals, appearing in
court and participating “in educational, religious, or work-related functions.” Only inmates who meet certain
security standards are eligible for temporary release.
Prison Without Walls
Incarceration in America is a failure by almost any measure. But what if the prisons could be turned inside out, with
convicts released into society under constant electronic surveillance? Radical though it may seem, early experiments
suggest that such a science-fiction scenario might cut crime, reduce costs, and even prove more just.
One snowy night last winter, I walked into a pizzeria in Morrisville,
Pennsylvania, with my right pant leg hiked up my shin. A pager-size black box was strapped to my sockless ankle, and another,
somewhat larger unit dangled in a holster on my belt. Together, the two items make up a tracking device called the BI ExacuTrack AT: the former is designed to be tamper-resistant, and the latter broadcasts the wearer’s
location to a monitoring company via GPS. The device is commonly associated with paroled sex offenders, who wear it so authorities
can keep an eye on their movements. Thus my experiment: an online guide had specified that the restaurant I was visiting was
a “family” joint. Would the moms and dads, confronted with my anklet, identify me as a possible predator and hustle
their kids back out into the cold?
Well, no, not in this case. Not a soul took any notice of the gizmos I wore. The whole rig is surprisingly small and unobtrusive,
and it allowed me to eat my slice in peace. Indeed, over the few days that I posed as a monitored man, the closest I came
to feeling a real stigma was an encounter I had at a Holiday Inn ice machine, where a bearded trucker type gave me a wider
berth than I might otherwise have expected. All in all, it didn’t seem like such a terrible fate.
Unlike most of ExacuTrack’s clientele, of course, I wore my device by choice and only briefly, to find out how it
felt and how people reacted to it. By contrast, a real sex offender—or any of a variety of other lawbreakers, including
killers, check bouncers, thieves, and drug users—might wear the unit or one like it for years, or even decades. He (and
the offender is generally a “he”) would wear it all day and all night, into the shower and under the sheets—perhaps
with an AC adapter cord snaking out into a wall socket for charging. The device would enable the monitoring company to follow
his every move, from home to work to the store, and, in consultation with a parole or probation officer, to keep him away from kindergartens, playgrounds, Jonas Brothers concerts, and other places where kids congregate.
Should he decide to snip off the anklet (the band is rubber, and would succumb easily to pruning shears), a severed cable
would alert the company that he had tampered with the unit, and absent a very good excuse he would likely be sent back to
prison. Little wonder that the law-enforcement officer who installed my ExacuTrack noted that he was doing me a favor by unboxing
a fresh unit: over their lifetimes, many of the trackers become encrusted with the filth and dead skin of previous bearers,
some of whom are infected with prison plagues such as herpes or hepatitis. Officers clean the units and replace the straps
between users, but I strongly preferred not to have anything rubbing against my ankle that had spent years rubbing against
someone else’s.
Increasingly, GPS devices such as the one I wore are looking like an appealing alternative to conventional incarceration,
as it becomes ever clearer that, in the United States at least, traditional prison has become more or less synonymous
with failed prison. By almost any metric, our practice of locking large numbers of people behind bars has proved at
best ineffective and at worst a national disgrace. According to a recent Pew report, 2.3 million Americans are currently incarcerated—enough
people to fill the city of Houston. Since 1983, the number of inmates has more than tripled and the total cost of corrections
has jumped sixfold, from $10.4 billion to $68.7 billion. In California, the cost per inmate has kept pace with the cost of
an Ivy League education, at just shy of $50,000 a year.
This might make some sense if crime rates had also tripled. But they haven’t: rather, even as crime has fallen, the
sentences served by criminals have grown, thanks in large part to mandatory minimums and draconian three-strikes rules—politically
popular measures that have shown little deterrent effect but have left the prison system overflowing with inmates. The vogue
for incarceration might also make sense if the prisons repaid society’s investment by releasing reformed inmates who
behaved better than before they were locked up. But that isn’t the case either: half of those released are back in prison
within three years. Indeed, research by the economists Jesse Shapiro of the University of Chicago and M. Keith Chen of Yale
indicates that the stated purpose of incarceration, which is to place prisoners under harsh conditions on the assumption that
they will be “scared straight,” is actively counterproductive. Such conditions—and U.S. prisons are astonishingly
harsh, with as many as 20 percent of male inmates facing sexual assault—typically harden criminals, making them more
violent and predatory. Essentially, when we lock someone up today, we are agreeing to pay a large (and growing) sum of money
merely to put off dealing with him until he is released in a few years, often as a greater menace to society than when he
went in.
Devices such as the ExacuTrack, along with other advances in both the ways we monitor criminals and the ways we punish
them for their transgressions, suggest a revolutionary possibility: that we might turn the conventional prison system inside
out for a substantial number of inmates, doing away with the current, expensive array of guards and cells and fences, in favor
of a regimen of close, constant surveillance on the outside and swift, certain punishment for any deviations from an established,
legally unobjectionable routine. The potential upside is enormous. Not only might such a system save billions of dollars annually,
it could theoretically produce far better outcomes, training convicts to become law-abiders rather than more-ruthless lawbreakers.
The ultimate result could be lower crime rates, at a reduced cost, and with considerably less inhumanity in the bargain.
Moreover, such a change would in fact be less radical than it might at first appear. An underappreciated fact of our penitentiary
system is that of all Americans “serving time” at any given moment, only a third are actually behind bars. The
rest—some 5 million of them—are circulating among the free on conditional supervised release either as parolees,
who are freed from prison before their sentences conclude, or as probationers, who walk free in lieu of jail time. These prisoners-on-the-outside
have in fact outnumbered the incarcerated for decades. And recent innovations, both technological and procedural, could enable
such programs to advance to a stage where they put the traditional model of incarceration to shame.
In a number of experimental cases, they already have. Devices such as the one I wore on my leg already allow tens of thousands
of convicts to walk the streets relatively freely, impeded only by the knowledge that if they loiter by a schoolyard, say,
or near the house of the ex-girlfriend they threatened, or on a street corner known for its crack trade, the law will come
to find them. Compared with incarceration, the cost of such surveillance is minuscule—mere dollars per day—and
monitoring has few of the hardening effects of time behind bars. Nor do all the innovations being developed depend on technology.
Similar efforts to control criminals in the wild are under way in pilot programs that demand adherence to onerous parole guidelines,
such as frequent, random drug testing, and that provide for immediate punishment if the parolees fail. The result is the same:
convicts who might once have been in prison now walk among us unrecognized—like pod people, or Canadians.
There are, of course, many thousands of dangerous felons who can’t be trusted on the loose. But if we extended this
form of enhanced, supervised release even to just the nonviolent offenders currently behind bars, we would empty half our
prison beds in one swoop. Inevitably, some of those released would take the pruning-shears route. And some would offend again.
But then, so too do those convicts released at the end of their brutal, hardening sentences under our current system. And
even accepting a certain failure rate, by nearly any measure such “prisons without bars” would represent a giant
step forward for justice, criminal rehabilitation, and society.
In the 18th century, the
English philosopher and social theorist Jeremy Bentham designed the Panopticon, a hypothetical prison. Inside the Panopticon
(the name is derived from the Greek word for “all-seeing”), the prisoners are arranged in a ring of cells surrounding
their guard, who is concealed in a tower in the center. The idea is that the guard controls the prisoners through his presumed
observation: they constantly imagine his eyes on them, even when he’s looking elsewhere. Bentham promoted the concept
of the Panopticon for much the same reasons that spur criminal-justice innovation today—a ballooning prison population
and the need for a cheap solution with light manpower demands. Whereas the guard in Bentham’s day had only two eyes,
however, today’s watcher can be virtually all-seeing, thanks to GPS monitoring technology. The modern prisoner, in other
words, need not wonder whether he is being observed; he can be sure that he is, and at all times.
The hub of the American penal system’s largest open-air Panopticon is in the Indianapolis suburb of Anderson, population
57,496, at the call center of a company called BI Incorporated. The firm manufactures and services the ankle device I test-drove,
as well as a suite of other law-enforcement gadgets designed to track offenders. Though BI has a handful of rivals in the
monitoring business, it is the most prominent and best-known, with 55,000 offenders wearing BI anklets at any given moment.
(The company monitors another 10,000 using lower-tech means: for instance, by having them call from particular landlines at
designated times.)
I drove to Anderson from Indianapolis, past clapboard houses and cornfields, to visit BI’s offices, located on a
few discreet and highly secure floors above the local branch of KeyBank. I was buzzed up to meet Jennifer White, the BI vice
president in charge of monitoring. From her office window, we looked out not on the backs of the 30,000 offenders this branch
monitors, but on the sedate midwestern bedroom community that is, by her description, “a little bit less happening than
Muncie,” 20 miles away. Even the sleepy streets of Anderson have their secrets, though. White told me that below us
were about 120 criminals with BI anklets—roughly one for every 500 residents in the town.
White, an Indiana native, has been at BI since 1988. Over a turkey salad from Bob Evans, she explained that the company’s
first “clients” (as the monitored are always called) were not human beings but Holsteins. In 1978, BI began selling
systems that allowed dairy farmers to dispense feed to their cows automatically. The company fitted a radio-frequency tag
on each cow’s ear so that when the cow approached the feed dispenser, a sensor in the latter caused it to drop a ration
of fodder. If the same cow returned, the sensor recognized the unique signal of the tag and prevented the cow from getting
a second helping until after enough time had passed for her to digest the first. (The worlds of bovine and criminal management
have in fact been oddly intertwined for many years. Just as modern abattoirs have studied the colors that can distract and
agitate cows during their final moments—thus ruining their meat with adrenaline—prisons have painted their walls
in soothing shades to minimize anxiety and aggression in their inmates.)
In the 1980s, BI expanded into “tethering people.” As an early mover in the outpatient prison industry, BI
grew fast, and the Anderson office contains a one-room museum of the bulky devices from its early days, some the size of a
ham-radio set. The company now counts tracking people as its core business, and as a sideline it facilitates their reentry
into society, through treatment programs and counseling. BI monitors criminals in all 50 states, “everyone from people
who owe child support to ax murderers,” White told me. Most use the lowest-tech tracking equipment, a radio-frequency-based
technology that monitors house arrest. The system works simply: you keep a radio beacon in your home and a transmitter around
your ankle. If you wander too far from your beacon, an alert goes out to the BI call center in Anderson, which then notifies
your probation officer that you have left your designated zone—as Martha Stewart allegedly did during her BI-monitored
house arrest in 2005, earning a three-week extension of her five-month sentence.
The truly revolutionary BI devices, though, are the new generation of GPS trackers, which monitor criminals’ real-time
locations down to a few meters, enabling BI to control their movements almost as if they were marionettes. If you were a paroled
drunk driver, for instance, your parole officer could mandate that you stay home every day from dusk until dawn, be at your
workplace from nine to five, and go to and from work following a specific route—and BI would monitor your movements
to ensure compliance. If your parole terms included not entering a bar or liquor shop, the device could be programmed to start
an alert process if you lingered near such a location for more than 60 seconds. That alert could take the form of an immediate
notice to the monitors—“He’s at Drinkie’s again”—or even a spoken warning emanating from
the device itself, instructing you to leave the area or face the consequences. Another BI system, recently deployed with promising
results, features an electrostatic pad that presses against the offender’s upper arm at all times, chemically “tasting”
sweat for signs of alcohol. (In May, starlet Lindsay Lohan was ordered to wear a similar device, manufactured by a BI competitor,
after violating her probation stemming from DUI charges.)
To see the BI systems at work is to realize that Jeremy Bentham was thinking small. The call center consists of just a
few rows of desks, with a dozen or so men and women wearing headsets and speaking in Spanish and English to their “customers”
(the law-enforcement agents, as distinguished from the tracked “clients”). Each sits in front of a computer monitor,
and at the click of a mouse can summon up a screen detailing the movements of a client as far away as Guam, ensuring not only
that he avoids “exclusion zones”—schoolyards or bars or former associates’ homes, depending on the
circumstances—but also that he makes his way to designated “inclusion zones” at appointed times.
As a fail-safe against any technological glitch, whether accidental or malicious, BI is immensely proud of its backup systems,
which boast an ultrasecure data room and extreme redundancy: if, say, a toxic-gas cloud were to wipe out the town of Anderson,
the last act of the staff there would be to flip the switches diverting all call traffic to BI’s corporate office in
Boulder, Colorado, where a team capable of taking over instantly in case of disaster is always on duty.
I asked Jamie Roberts, a call-center employee who had previously been a BI customer as a corrections officer in Terre Haute,
Indiana, to show me a parolee on the move, and in seconds he pulled up the profile of a criminal in Newport News, Virginia.
The young man’s parole officer had used a Microsoft Bing online map to build a large irregular polygon around his high
school—an inclusion zone that would guarantee an alert if he failed to show up for class on time, every day. Roberts
showed me one offender after another: names and maps, lives scheduled down to the minute. There was a gambler whose anklet
was set to notify Roberts if the client approached the waterfront, because he might try his luck on the gaming boats; an addict
who couldn’t return to the street corners where he used to score crack; and an alcohol abuser who had to squeeze himself
into an inclusion zone around a church basement for an Alcoholics Anonymous meeting from 9 to 10 p.m., three times a week.
A strict parole officer could plausibly sketch out a complete weekly routine for his parolee, with specific times when
he would have to leave home and specific stations he would have to tag throughout the week. He might allow, or even require,
the parolee to go to the grocery store on a Sunday afternoon, and go for a jog along an authorized route every morning. Roberts
pulled up another Bing map for me, and set in motion a faster-than-real-time playback of one client’s day. As his dot
carefully skirted the exclusion zones around a school and a park, staying away from kids because of the absolute certainty
that BI would report him if he did not, his life on the outside looked fully set out in advance, as if he moved not on his
own feet but on rails laid by his parole officer. For BI clients, technology has made detection of any deviation a near certainty—and
with detection a swift response, one that often leads straight back to the Big House.
Arizona inmate escape puts spotlight on state private prisons
Arizona puts more of its inmates into privately run prisons
every year, even though the prisons may not be as secure as state-run facilities and may not save taxpayers money.
Lawmakers began
using private prisons to ease overcrowding and have supported their use so aggressively that today, one in five Arizona inmates
is housed in a private facility.
Many inmates from other states also are housed in private prisons in Arizona, but the state has little
information about who they are and limited oversight of how they are secured.
The state has 11 privately operated prisons.
A high-profile escape of three Arizona inmates last month from a Kingman-area private prison, which spurred
a nationwide manhunt and is believed to have resulted in two murders, raises questions about the industry's growth and the
degree of state oversight.
The last fugitives in that escape were caught Thursday, and the state's prison director has promised changes
to the private sites that house Arizona inmates.
State leaders in recent years have pushed for more privatization and have blocked efforts to regulate the
industry, which has invested heavily in local lobbying and contributed to political campaigns.
Last year, officials approved a plan to hand over the operation of nearly every state prison to private
companies. The plan was repealed only after no credible bidder came forward. This year, lawmakers approved 5,000 new private-prison
beds for Arizona prisoners.
Data suggest that the facilities are less cost-effective than they claim to be. A cost study by the Arizona
Department of Corrections this year found that it can often be more expensive to house inmates in private prisons than in
their state-run counterparts.
A growing industry
Arizona's use of private prisons dates back to the early 1990s, when lawmakers, grappling with overcrowding
in state facilities, authorized the construction of a 450-bed minimum-security prison in Marana to house drug and alcohol
abusers.
The prison is owned and operated by Management & Training Corp., the Utah-based company that also operates
the Kingman facility where the three inmates escaped.
Since then, Arizona has increasingly relied on for-profit operators to manage its own inmates. It also
has allowed private companies to import prisoners from other states.
Rapid growth began in 2003 and the years immediately following, when Arizona was again wrestling with prison
overcrowding.
To ease the shortage, Republican lawmakers agreed to build 2,000 new prison beds, compromising with a reluctant
Gov. Janet Napolitano, a Democrat, to make half of them private.
Around the same time, nearly a dozen other states grappling with the same issues began shipping their inmates
to private facilities elsewhere in the country.
Arizona, with cheap land and a receptive political climate, became a go-to destination for
private-prison operators, who began accepting inmates from as far as Washington and Hawaii.
Today, Arizona houses 20.1 percent of its prisoners in private facilities, according to state data from
July. Exactly how many inmates are here from other states is unclear.
Last year, lawmakers took the unprecedented step of exploring the privatization of almost the entire Arizona
correctional system, passing a bill that would have turned over the state's prisons to private operators for an up-front payment
of $100 million. The payment would have helped the state close a billion-dollar budget gap.
The bill, which also included a host of changes related to the state's budget, was signed by Gov. Jan Brewer,
but the language relating to prison privatization was repealed in a later special session.
The state now has an open contract for the construction and operation of 5,000 new private-prison beds.
Arizona's reliance on private facilities coincides with operators' increasing national political activity
in hiring lobbyists and donating to political campaigns.
The ties between the companies and Arizona elected officials - which go back nearly a decade - have become
a campaign issue in this year's gubernatorial race.
Tennessee-based Corrections Corporation of America, the nation's largest operator of private prisons, runs
six in Arizona, three of which house inmates for U.S. Immigration and Customs Enforcement.
Brewer's critics have suggested that she signed Senate Bill 1070, and has advocated for privatization of
some prisons, in part to benefit CCA's bottom line.
Democrats have called on Brewer, a Republican, to fire "aides" associated with the prison company. That
includes HighGround, a Phoenix consulting and lobbying firm managing Brewer's gubernatorial campaign. The firm counts CCA
among its clients.
Brewer's official spokesman, Paul Senseman, also used to lobby for CCA.
Campaign finance reports filed earlier this year show that eight executives with CCA contributed $1,080
of the $51,193 in seed money Brewer received for her gubernatorial campaign.
CCA also gave $10,000 to the "Yes on 100" campaign, which backed a temporary, 1-cent-on-the-dollar increase
in the state's sales tax. Brewer was the chief advocate for the tax, which was approved by voters in May.
In an interview with The Arizona Republic, Brewer said those connections have not
influenced her policy decisions. She said she never felt pressured by any of her advisers.
"It's absolutely political posturing and rhetoric," Brewer said. "I find it very disappointing. We have
a bed shortage here in Arizona, and we have to come up with some way to incarcerate (criminals). The best way, the least expensive
way, is to do it with private prisons."
The industry's political connections have extended to other Arizona politicians.
According to a 2006 report from the National Institute on Money in State Politics, the private-prison industry
gave to the campaigns of 29 of 42 Arizona lawmakers who heard a 2003 proposal to increase state private-prison beds.
Between 2001 and 2004, the industry contributed $77,267 to Arizona's legislative and gubernatorial candidates,
the vast majority through lobbyists paid to represent their interests at the Legislature.
In most cases, donations ranged from a couple of hundred dollars to as much as $2,500.
Lax oversight
The state Department of Corrections has varying levels of oversight of Arizona's private-prison network.
Some prisons house criminals convicted in Arizona. The Corrections Department regulates those facilities,
though private-prison critics question whether those facilities maintain the same safety standards as their state-run counterparts.
Other private prisons house inmates from other states or on behalf of the federal government. Arizona does
not dictate what kinds of inmates they may accept, nor the manner in which they are secured.
In those situations, private-prison operators work with their outside-government partners on training specifications
and other operational details.
They report to Arizona only the names, security classifications and number of inmates housed at their facilities.
State stat- utes do not require private operators to provide Arizona officials details about the crimes the prisoners committed
or escape data.
In 2007, two convicted killers sent from another state stole ladders from a maintenance building and climbed
onto a roof at a private prison outside Florence. Brandishing a fake gun, they climbed over the prison walls and escaped to
freedom.
One was caught within hours, but it was almost a month before the other was caught hundreds of miles away
in his home state of Washington.
As with the Kingman breakout, the 2007 escape drew attention to the largely unregulated growth of private
prisons in the state, particularly prisons that house other states' inmates.
To address security concerns, a bipartisan bill drafted by Napolitano's office in 2008 and introduced by
Republican state Sen. Robert Blendu would have required private prisons to be built to the state's construction standards.
The proposal also would have ended the practice of private prisons importing murderers, rapists and other
dangerous felons to Arizona. And it would have required the companies to share security and inmate information with state
officials.
After an initial flurry of activity, the bill died.
"The private-prison industry lobbied heavily against that bill, and they were successful," said Michael
Haener, Napolitano's lobbyist at the time.
Blendu later left the Legislature, and the bill was not reintroduced.
What little regulation private prisons have in Arizona stems from a series of escapes in the late 1990s.
In response, the Legislature passed a law requiring the reimbursement of law-enforcement costs from private-prison
operators in the event of an escape.
Arizona laws also require companies to carry insurance to cover law-enforcement costs in cases of escape,
to notify state officials when they bring new prisoners into the state and to return out-of-state prisoners to their home
states to be released. But there are no penalties if the companies don't comply.
Costs questioned
Notwithstanding lawmakers' concerns about security, private prisons gained favor in part because of the
promised savings they could deliver to a cash-strapped and overcrowded prison system. Yet studies have questioned whether
those savings are real.
In making their pitches, private-prison companies played on the desire of many lawmakers to shift more
state services to the private sector.
Direct cost comparisons between for-profit and public prisons can be difficult, however.
According to the National Institute of Justice, private prisons tend to make much lower estimates of their
overhead costs to the state for oversight, inmate health care and staff background checks.
Officials at public prisons often argue that the state winds up paying a higher cost for those services
than is advertised, mitigating savings that private prisons are built to deliver.
A study this year by the Arizona Department of Corrections found that when various costs are factored in,
it can be more expensive to house an inmate in a private prison than it is to house one in a state-run prison.
The cost of housing a medium-security inmate is $3 to $8 more per day in a private prison, depending on
what assumptions are made about overhead costs to the state, the study found.
Travis Pratt, a professor of criminology and criminal justice at Arizona State University, said there is
no evidence that private prisons save government agencies money, even though they typically promise up-front savings.
To maintain profit margins, Pratt said, companies often cut back on staff training, wages and inmate services.
"Cost savings like that don't come without consequences," Pratt said. "And that can present a security
risk that's elevated."
Odie Washington, a senior vice president at Management & Training Corp., acknowledged Thursday that
the Kingman prison employed an inexperienced staff.
"We have a lot of very young staff that have not integrated into very strong security practices," Washington
said.
Private-prison operators disagree with Pratt's assessment, contending that they can deliver services efficiently
and safely.
"That's one of the more frustrating misconceptions out there for us that we have to repeatedly respond
to," said Steve Owen, director of public affairs for Corrections Corporation of America.
Owen said it is CCA's "general experience" that private prisons can save states and the federal government
5 to 15 percent on operational costs. The company also can build facilities more cheaply, he said.
CCA is contractually required to meet or exceed training requirements that states they work for set for
themselves, Owen said. In addition, the company has made sure its prisons in Arizona comply with accreditation standards put
in place by the American Correctional Association, a Virginia-based trade group.
Many communities, meanwhile, eagerly welcome private prisons because the facilities generate jobs and economic
activity. CCA prisons in Florence and Eloy, for example, employ 2,700 people. Last year, the company paid $26 million in property
taxes, Owen said.
What's next
Lawmakers from both parties have called for hearings into what went wrong in Kingman. Presumptive Democratic
gubernatorial nominee Terry Goddard has said he would push to bring back the 2008 private-prison bill.
Goddard also is calling for an immediate re-evaluation of the system used to classify and place inmates
in facilities.
The five-tiered system, which allows some violent criminals to migrate to lower-security facilities for
good behavior, met with bipartisan criticism in the wake of the escapes.
Two of the three inmates who escaped from the medium-security Kingman prison had been convicted of murder.
Goddard said the three recent escapees never should have been in a medium-security prison.
Charles Ryan, director of the Department of Corrections, announced Thursday that the state would slow its
bidding process for the 5,000 new private-prison beds pending additional review.
Brewer has said little publicly about the escape but told The Republic last week
that she is committed to holding prison operators responsible for mistakes they made. She said she has ordered Ryan to conduct
a "complete review to make sure that inmates are appropriately secured and in the right kinds of facilities."
While Brewer remains confident that private prisons are well suited to house less-violent offenders, she
said: "What has happened is unacceptable, and I am absolutely pushing for more accountability.
Union: Federal prison reacted poorly to ‘gang’ fights (update)
RAY BROOK - The union that represents corrections officers and other workers at the Federal Correctional
Institution in Ray Brook says prison officials responded poorly to a recent outbreak of what it described as "gang-related"
violence at the medium-security facility.
The American Federation of Government Employees and its Council of Prison Locals, in a press release, said
two gang-related incidents earlier this month led to the hospitalization of one inmate and the near assault of a corrections
officer. Despite the violence, prison management mostly kept operations running normally, the union said, citing information
from officials at AFGE Local 3882, which represents FCI-Ray Brook's roughly 200 corrections officers and other staff.
"The warden's refusal to lock down FCIRay Brook in the wake of this violence is nothing more than a dismissal of reality,"
CPL President Bryan Lowry said in the release. "Management continues to turn a blind eye toward dangerous situations that
put correctional officers, inmates and the surrounding communities at risk, while categorizing each instance
as an isolated incident."
But Robin Van Weelden, FCI-Ray Brook's public information officer, argued that staff did take appropriate steps to address
the Aug. 1 incident, which involved a pair of inmate fights. In a prepared statement, Van Weelden said the prison was placed
on lockdown, during which security is tightened and inmates are confined to their cells, "as a routine precaution to allow
prison officials to assess the situation.
"The institution gradually resumed normal operations starting on August 6, 2010, with a complete return to normal operations
on August 9, 2010," Van Weelden wrote. "The institution remains secure, all inmates are accounted for, and at no time was
there a threat to the community."
Two inmates received minor injuries, Van Weelden said. One of the two was transported to a local hospital, evaluated and
returned to the facility the same day. There were no staff assaults or injuries, she said.
Van Weelden declined to provide further information as an investigation into the incident is ongoing.
But local union officials dispute some of the information provided by the prison's administration.
Steve Bartlemus, president of AFGE Local 3882, told the Enterprise claim there were four or five fights between the same
two groups of inmates, some of them wielding homemade weapons or "shanks," spread out over a period of six days. The prison
was placed on a full lockdown status for a day-and-a-half, but each time officials tried to bring the facility back to normal
operations or to run it in a modified lockdown status, new fights broke out, Bartlemus said.
"When we go in a lockdown, normally it's locked down, nothing happens, and we go in 12-hour shifts until we figure out
the root of the problem," said Bartlemus, who lives in Ellenburg and has worked at the prison for 15 years. "In my opinion
they never figured out the root of the problem. I could understand the first two times it happened. But when the second and
third incidents happened, that should have told somebody upstairs, 'You know what, we've got a big problem. Let's slow things
down and figure out what's going on.'"
Contrary to Van Weelden's report, Bartlemus said staff were hurt trying to break up the fights.
"There were staff that got injured," he said. "It was nothing life threatening. If (prison officials) had handled it in
a different manner, would they have gotten injured? Probably not."
"If they had locked down sooner, some of these other incidents may not have occurred," said CPL Northeast Regional Vice
President Bill Gillette, who works at a maximum-security federal penitentiary in Pennsylvania.
Gillette said the union's local members are reluctant to talk about the incidents in more detail because the last time
they reported something to the media, several staff were placed under investigation by prison officials for alleged violation
of security regulations.
"They were all found innocent of those charges," he said. "It took about seven or eight months for that investigation to
be complete. It was just an attempt to stop them from going to the press."
CPL officials said they are raising concerns about the incidents at FCI Ray Brook to send a message to the U.S. Bureau
of Prisons to fully staff and fund its prisons. The union also wants correctional officers, who don't carry weapons inside
the facility, to be issued stab-resistant vests and pepper spray.
"The days of 'doing more with less' must end," Lowry said in the release. "If management continues to operate the BOP under
its current conditions - understaffed, overcrowded, and with an increasingly violent inmate population - more tragic incidents
are sure to follow."
Last year, U.S. Sen. Charles Schumer held a press conference at the prison to announce he would push for additional federal
funding to increase the facility's staffing levels.
FCI Ray Brook houses 1,214 inmates, according to the most recent BOP prison count. The facility was originally build as
the athletes' village for the 1980 Winter Olympics and became a prison shortly thereafter.
DOJ Foot- Dragging on Prison Rape Unites Left- Right Coalition
Focus on the Family, George Soros's Open Society Policy Center,
the American Conservative Union and the American Civil Liberties Union are all furious with Attorney General
Eric Holder -- and amazingly enough, it's about the same thing.
The incitement for such an unusual alliance is the Justice Department's failure to act in the
face of a challenge to fundamental human dignity: The ongoing, almost commonplace rape of prisoners at the hands of other
prisoners or prison guards.
Estimates based on a 2007 DOJ survey of inmates
suggest that more than 60,000 prisoners -- or about 1 in 20 -- are sexually assaulted each year.
A law passed in 2003 created an independent commission to develop national standards to
address the problem. The commission issued its exhaustive report in June 2009. And
the attorney general was required by law to enact new standards by June 23, 2010.
That was nearly two months ago.
In a June letter June, Holder expressed his "regret"
that he would not be able to meet Congress's deadline. He explained that the working group he commissioned -- which represents
13 different Justice Department offices and the Department of Homeland Security -- is moving as fast as it can.
So on Tuesday, the unusual coalition gathered at the National Press Club to demand faster action.
Prison rape continues because "the system looks the other way," said David Keene, chairman of
the American Conservative Union. And now the regulations are lagging "because this is not at the top of anybody's agenda."
But the net effect is that Holder "is asking for time so that another 60,000 can be raped,"
Keene said.
"We can't tolerate the attitude that it is inconvenient to do what's necessary to stop the problem
today, before we rack up thousands of more victims," said Margaret Winter, associate director of the ACLU's National
Prison Project.
"When you look at the political spectrum that's represented at the podium here this morning,
you realize that there is something very fundamental at stake here, a question of the most fundamental human dignity, human
rights and constitutional rights," Winter said.
The message for Holder: "You've had long enough. The recommendations are there. The recommendations
are obvious. And they need to be put in place," said Barrett Duke, an official with the Southern Baptist Convention.
What makes this such an important issue for conservative evangelical Christians?
"We believe in law and order," Duke said. "We expect law and order everywhere." There's also
the matter of moral failing. Our leaders "have failed to fulfill the responsibilities that have been entrusted to them," Duke
said.
Tim Goeglein, spokesman for Focus on the Family, said his group's position on the issues is
prompted "by the sanctity of every human life."
"The fact that people are not safe in our prisons ... is a scandal, that's a stain on
our honor," said Pat Nolan, vice president of the Prison Fellowship and a former member of the independent commission. (See
his blog post.)
Nolan noted that prisoners are "stripped of all ability to defend themselves" as they have no
choice over who to associate with, or where, or when -- and they "can't arm themselves to defend themselves."
Bill Mefford, civil rights director for the United Methodist Church, said the issue is important
to the "thousands and thousands" of churchgoers who minister in prisons. "They are seeing and witnessing firsthand the brokenness
of the system and the way it impacts human lives," he said.
Holder, he said, should "stop dragging his feet, and stop listening to people who are trying
to protect their turf."
Lovisa Stannow, executive director of Just Detention International, said there is nothing inevitable
or innate about prison rape. "Prison rape is basically a management problem," she said. The proof is that the rate of rape
varies widely from state to state and from prison to prison.
A Justice Department spokeswoman on Tuesday said that a proposed rule will be sent to the White
House's Office of Management and Budget "in the fall." Hannah August wrote in an e-mail: "We are working hard not only to
draft the standards, but also to ensure that the standards are successful after they're put into place. We want to be a force
multiplier, enabling best practices to gain recognition and enabling correctional systems with less experience to benefit
from the prior efforts of other jurisdictions. It is unacceptable for anyone in the care of our country's correctional facilities
to be sexually assaulted, and we are working diligently towards eliminating such abuse."
In Hill testimony in March, Holder described the pushback he's getting, much of it related to
the fact that no additional funding comes with the new rules. "When I speak to wardens, when I speak to people who run local
jails, when I speak to people who run state facilities, they look at me and they say 'Eric, how are we supposed to do this?'
If we are going to segregate people, build new facilities, do training, how are we supposed to do this? And that is what we
are trying to work out, ways in which we can follow the dictates of the statute and do something that is going to be meaningful,
not something that is simply going to be a show thing, something that is going to have a measurable impact."
Central to the commission's recommendation is the call for independent, outside monitoring of
prisons. "Unfortunately, there is concern that the attorney general will backpedal on this key part," said Amy Fettig, staff
attorney with the ACLU National Prison Project.
FCI inmate dies after altercation
TALLADEGA — An inmate at Talladega’s
Federal Correctional Institute was pronounced dead early Thursday morning after being involved in an altercation with another
inmate Wednesday.
Bobby Wayne Cowley, 32, “was pronounced dead
at a local hospital” at 3:40 a.m., according to Charles Sansom, executive assistant to the warden at FCI.
“Cowley was serving a 60-month sentence for possession of a firearm in furtherance
of drug trafficking,” he said. “The next of kin have been notified
(and) the death is currently under investigation.”
Cowley was sentenced to prison by the federal court for the
Northern District of Texas. According to the online federal inmate locator,
he was due to be released April
9, 2012.
Sansom declined to comment on Cowley’s cause of death or any details of the altercation leading
up to it.
Freeze on bonuses could have trickledown effect
By
Elizabeth Newell
While the executive order President Obama signed on Tuesday suspending bonuses and
cash awards for political appointees through the end of fiscal 2011 does not directly affect career civil servants there could
be trickledown effects, according to a group representing senior executives.
In justifying the freeze in any bonuses or discretionary payments or salary adjustments for political officials, Obama
said he appreciated the work of federal employees and understood these payments were important to them. "Yet like households
and businesses across the country, we need to make tough choices about how to spend our funds," the president said.
Carol Bonosaro, president of the Senior Executives Association, said the freeze was
not surprising, but she was concerned there will be indirect effects on the career civil service.
"When you're a political appointee who is suddenly not eligible to receive a cash
award, your inclination to be appropriately generous to your career executives will be decreased," she said.
Performance awards, which are completely discretionary, are a substantial part of
senior executives' compensation, according to Bonosaro. Members of the SES do not receive the same annual pay raises as General
Schedule employees; senior executives' pay is based on job performance, under a system established by the fiscal 2004 National
Defense Authorization Act.
"We have already heard some concerns from executives that agencies might be cutting
back on performance awards for the same reasons the president cited," she said. "When you add this [executive order] to the
mix, it does raise concerns."
Matthew Biggs, legislative and political director for the International Federation
of Professional and Technical Engineers, said the order was a clear extension of the president's earlier statements that political
appointees should not expect raises. But Biggs said any future actions affecting the bonuses of career federal employees could
have unintended consequences.
"In terms of the potential of things to come, if a similar freeze on bonuses were
to be extended to the rank and file, it would not be a stretch to assume that such an action would seriously endanger any
future effort by [the Office of Personnel Management] to put in place governmentwide performance management," Biggs said.
Presidential Memorandum--Freeze Discretionary Awards, Bonuses
and Similar Payments
MEMORANDUM FOR THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF THE HEADS OF EXECUTIVE DEPARTMENTS
AND AGENCIES
SUBJECT: Freeze on Discretionary Awards, Bonuses, and Similar Payments for Federal Political Appointees
At a time when so many American families are struggling to make ends meet, I am committed to making sure the Federal Government
is spending the taxpayers' money wisely and carefully, and cutting costs wherever possible. I am committed to ending
programs that do not work, streamlining those that do, and bringing a new responsibility for stewardship of tax dollars.
Like households and businesses across the country, the Federal Government is tightening its belt. This effort began
during my first days in office, when I froze the salaries of the senior members of my White House Staff.
As a next step in this effort, I direct you to suspend cash awards, quality step increases, bonuses, and similar discretionary
payments or salary adjustments to any politically appointed Federal employee, commencing immediately, and continuing through
the end of Fiscal Year 2011. I also direct the Office of Personnel Management to issue guidance, in consultation with the Office of Management and Budget, to assist departments
and agencies in implementing this policy.
In addition to these actions freezing discretionary payments, I have proposed in my Budget for Fiscal Year 2011 a salary
freeze for senior political appointees throughout the Federal Government. Unlike the administrative action I have taken
today in this memorandum, my proposed salary freeze requires legislation, so it cannot be implemented absent legislative action
by the Congress.
I appreciate the hard work of our Federal workforce, and understand how important these payments can be to many workers
and their families. Yet like households and businesses across the country, we need to make tough choices about how to
spend our funds.
This memorandum shall be carried out to the extent permitted by law and consistent with executive departments' and agencies'
legal authorities. Nothing in this memorandum shall be construed to affect payments or salary adjustments for Federal
employees who are not political appointees. This memorandum is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized
and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
Prison inmate dies after assault
An inmate at the U.S. Federal Penitentiary at Lewisburg died
Tuesday from injuries he suffered when assaulted by another inmate two weeks ago.
Arnold Smith, 54, of Huntington Beach,
Calif., was assaulted June 1 in a housing unit and died at an unidentified Valley hospital Tuesday evening, according to a
statement released by penitentiary spokesman Andrew Ciolli.
The injuries Smith suffered were not disclosed and the
cause of death is pending an autopsy.
The FBI is investigating the assault, the statement said.
The press office
at the penitentiary did not respond to calls for further information Wednesday.
A spokeswoman from the Federal Bureau
of Prisons in Washington, D.C., said the agency did not have information regarding inmate deaths at specific prisons and referred
questions to the Lewisburg Penitentiary.
Smith was serving an eight-year, four-month sentence for conspiracy to provide
contraband to federal prisoners, attempt to obtain and possess contraband by a federal prisoner and conspiracy to distribute
a controlled substance-heroin.
He had been housed with about 1,200 prisoners at Lewisburg since Aug. 10.
The
assault was one of three violent incidents involving inmates in a nine-day span in late May and early June.
Prison
officials are usually tight-lipped about inmate assaults, which are investigated by federal officials.
Local 148 President
Dave Bartlett, who represents prison employees, said the number of reported assaults were not unusual and inmates seem to
get restless and unruly during warmer months.
Mother of Slain Correctional Officer Jose Rivera Files Civil Rights Lawsuit
Against Administrators at USP Atwater/Federal Bureau of Prisons for the Wrongful Death of her Son
"This tragedy was avoidable. Officer Rivera faithfully served the people of the United States as a peace officer managing violent criminals and his life was unnecessarily cut
short," said Mark Peacock attorney for Terry Rivera. "Why wasn't
a correctional officer working at a maximum security prison given anything to protect himself? A stab-resistant vest? Pepper
spray? A Baton? Why were prisoners drunk? It's time to get answers," added Peacock.
The lawsuit contends that the defendants were responsible for multiple dangerous
conditions at USP Atwater which existed at the time of the murder. For example, misclassification/mishousing of inmate Guerrero;
inmates making & consuming alcohol (getting drunk); inmates choosing their own cells; inmates making weapons; inmates
controlling prison environment; exploding inmate population; seriously undermanned work force; etc. Officer Rivera was repeatedly
subjected to these dangerous conditions (and others). The defendants acted with deliberate indifference by participating
in the creation of these dangerous conditions and failing and refusing to protect Officer Rivera from them.
"This was a totally unnecessary murder which could have been avoided. These individuals
dishonored the correctional staff, and this dishonor contributed to the death of Officer Rivera," said Peacock.
Federal prison officials hold employment fair for potential
Thomson Prison jobs
DAVENPORT, Iowa - For the past nine years in Thomson, Illinois, no inmates has meant no
jobs. But with the proposed sale of the prison, that could soon change.
"We are very excited. This a very
large facility with a lot of bed space," said Michael Prater, Federal Bureau of Prisons Public Information Officer.
Officials
with the Federal Bureau of Prisons held a job fair Thursday talking about potential jobs at the prison should it's sale to
the federal government go through.
"Once we acquire the prison, if it does come to fruition, the next day we'll start
hiring," said Prater.
Dozens wanting more information listened to a speech inside a Palmer College hall. Some are having
trouble funding a job, finding themselves falling on hard times.
"There's no jobs in the paper. If you
look in the classifieds there's nothing," said Dayla Jones, a job fair attendee.
"I don't have a job at all. I've been
going through a lot," said Cheryl Peel.
Eight to nine-hundred jobs would be created through the sale. More than half
of those jobs would be hired locally.
"We're really look forward to the possibility of going through this and giving
this area an economic boost," said Prater.
Money for the prison is included in next years federal budget. In the Quad
Cities, hundreds are waiting to put in their application as soon as the funding is approved.
President
Barack Obama's budget may not be approved until November or later. Once it is approved, the Federal Bureau of Prisons says
it will hit the ground running, immediately beginning the hiring process.
Inmate dies after fight at Pollock prison
POLLOCK, La. (AP) - Authorities say a prison fight led to the death of a 42-year-old inmate in the federal
prison in Pollock.
The Federal Bureau of Prisons says Steven Prater died Thursday after he was involved in a fight
with another inmate in the high-security section of the Federal Correctional Complex in Pollock. The agency says Prater was
taken to a hospital and pronounced dead at 3 p.m. Prater was serving a 51-month sentence on a weapons charge.
No other inmates were injured in the fight.
The FBI is looking into the death.
Thomson prison sale to feds still on track
No one knows who will be housed there, but the administration of President Barack Obama is moving to buy the Thomson
prison by the end of the year.
The nearly empty state-built lock-up north of the Quad Cities had been eyed as a destination for terror suspects when
the U.S. military's prison in Guantanamo Bay in Cuba closed. That has yet to happen, but now there's word that Thomson will
be bought regardless of who will be housed there.
U.S. Sen. Dick Durbin and northern Illinois Congressman Don
Manzullo have said the federal Bureau of Prisons is moving ahead with the sale.
Ronald Weich, an assistant attorney
general, told the lawmakers that the federal government is standing behind its commitment to buy the facility.
If Guantanamo
Bay, Cuba, terror suspects are not brought to Illinois or anywhere else in the U.S., Thomson may be used for federal inmates
from other prisons across the country.
Gov. Pat Quinn's office released a statement saying the purchase of Thomson
would be great news for that section of Illinois. Thomson is about 200 miles north of Jacksonville.
The governor's
office predicts thousands of jobs and a $1 billion impact on the Illinois economy.
But there are a number of people
who live near the prison who are not excited about the prospect of bringing terrorists to the state. Lawmakers in Springfield
have also questioned the wisdom of the sale.
Illinois built the Thomson prison in 2001 to ease overcrowding in state
prisons.
Budget cuts and political in-fighting have kept the prison nearly empty.
Bill Would Ban Transfer of Gitmo Detainees to Thomson
A House Appropriations panel approved an amendment to the Justice Department’s annual funding bill Tuesday that
would prohibit the DOJ from incarcerating terrorism suspects currently held at Guantanamo Bay in an Illinois prison.
The subcommittee for Commerce, Justice, science and related agencies approved the $30 billion dollar bill — which
would provide funding for programs in the Department to Justice in fiscal 2011 — by voice vote. The measure would include
$170 million for the Justice Department to acquire Thomson Correctional Facility in Thomson, Ill., but the subcommittee adopted
an amendment at the markup Tuesday that is intended to prevent the DOJ from moving Guantanamo Bay detainees to the site.
The panel’s ranking Republican Frank Wolf of Virginia offered an amendment that would prohibit the
DOJ from using any of the funds in the bill to construct, acquire or modify a facility in the U.S. to hold Guantanamo Bay
detainees. The panel adopted the amendment by voice vote.
Wolf said the amendment would still allow the DOJ to purchase the Thomson facility so long as it didn’t hold Guantanamo
detainees. The DOJ’s Bureau of Prisons has said it intends to acquire the prison — even if the Guantanamo prisoners
cannot stay there — to help alleviate crowding in the federal prison system.
The opposition to housing Guantanamo detainees in the U.S. is not new. The House Armed Services Committee also included
a provision in the fiscal 2011 defense authorization measure that would prohibit the Department of Defense from using its
funding to pay for the prisoner transfer.
Rep. John Culberson (R-Texas) offered several amendments — all of which failed — including
one that would have banned the Justice Department from filing a lawsuit against the Arizona immigration law.
House
Passes Bill To Create Criminal Justice Commission
The U.S. House yesterday passed a bill
to create a commission that would undertake a top-to-bottom review of the nation’s criminal
justice system, says its main sponsor, Rep. Bill Delahunt (D-MA). “Today our
prison population is expanding at an alarming rate, with costs to the taxpayers that are unsustainable,” Delahunt said. ”The
bill passed tonight will assess the current crisis, reverse these disturbing trends and help save taxpayer money.”
The Senate has passed this bill out of the Judiciary Committee, but, it
hasn't passed the full Senate.
The nation's unemployment crisis is now reaching far inside
prison walls.
Since 2008, thousands of inmates have lost their jobs as federal authorities shutter and scale back operations at prison
recycling, furniture, cable and electronics assembly factories to try to make up $65 million in losses. The job cuts, prison
officials say, mean a dramatic reduction in job training for inmates preparing for release, lost wages for prisoners to pay
down child support and other court-ordered fines, and more tension in already
overcrowded institutions. "Anytime we have a loss of inmate jobs ... it becomes more challenging to keep inmates constructively
occupied," federal Bureau of Prisons spokeswoman Traci Billingsley says. Bureau records show
the job cuts during the past two years coincide with slight increases in serious inmate assaults on staff and other prisoners.
Slightly more than 7,000 federal
prisoners have been cut from the work rolls in the past two years, and up to 800 more are expected to be dropped in
the next several months, according to Federal Prison Industries records.The latest cut, announced last week, will closenine
factories scattered from Pennsylvania to California
and includes reductions in staff at 11 others, Federal Prison Industries spokeswoman Julie Rozier says. She says the cuts
represent some of the largest reductions in the 75-year history of the federal prison workforce. "We're feeling the same pressures
that are present in the overall economy," she says. This year, 16,115 of the system's 211,146 inmates are working in the factory
jobs, down from 23,152 in 2008. Federal Prison Industries is a government
corporation established by Congress in 1934 that provides training for federal inmates. The industries generate about 80 products and services for
sale to the federal government. In return, inmates are paid up to $1.15 per hour. Much of that goes to child support, fines, restitution and other court-ordered obligations. Prison guards and others fear
the cuts could spark inmate unrest in overcrowded institutions where jobs — however menial — have kept prisoners
occupied. Last year, serious assaults on staffers increased to 105, up from 100 in 2008, while inmate-on-inmate assaults totaled
524, up from 475 in 2008. "This is a big concern for us," says Bryan Lowry, president of the federal prison employees association.
Because of yearly prison population increases, he says, the federal system is running 37% over capacity.Fewer jobs mean more
downtime for inmates and more crowded recreation yards and housing units.
In some places, Lowry says, there is only one prison officer for about 150 inmates: "It's not a good situation."
Break silence
on prison violence
There have been
three inmates killed in the U.S. Penitentiary in Lewisburg since the beginning of May. The most recent
homicide inside the walls of the penitentiary took place on Tuesday. The trio of deaths come less than a
year after a guard was stabbed by an inmate wielding a metal-tipped
spear fabricated
from rolled-up newspapers and magazines. Last month, three staff members were attacked as they tried to
quell a brawl at the U.S. Penitentiary in Allenwood. A union Web site indicates that the fight arose from conflict
between unidentified prison gangs. At least one of the inmates killed in Lewisburg was a known gang member. In
1992, Juan "China Boy" Arias survived getting shot in the chest during a gang gun fight. Arias
was 27 in 1997 when he was sentenced to 32 years in federal prison for his involvement in the Los Angeles Mexican
Mafia. Arias was one of 13 men prosecuted under federal racketeering laws for an array of crimes, including
jailhouse murder, street stabbings, extorting "tributes" of thousands of dollars from other Latino street gangs,
and drug trafficking. At the time, the judge said he was cutting Arias a break because of his young age.
News reports noted that he would be in his 60s when he was released from jail. Arias was 40 when he died in Lewisburg.
We
raise Arias' background not to glorify his notoriety, but to convey just what prison guards say when they describe
working with the "worst of the worst" criminals in the federal prison system. Danger is their business. Professional
pride may often make prison employees reluctant to complain or suggest that more ought to be done
to protect them. After a correctional officer was stabbed in November, union officials said staff levels were
too low. In recent weeks, it has been difficult to judge how safe
conditions are,
because neither the Bureau of Prisons, nor the correctional officers union are saying much. It is difficult to
feel like conditions could have improved much, though, as the death toll rises. We hope federal prison officials take
adequate steps to ensure that staffing levels are sufficient and guards receive all the equipment and training
they need. The unwillingness to share information only fosters uncertainty and fear. We urge prison
officials begin to speak as openly as they can without creating any lapses in security.
Sick leave is a job benefit, not a privilege
While
managers may have the legal right to use sick leave restriction letters ["How to fight sick leave abuse," Ask the Lawyer column,
April 19 issue], I could find no guidelines during my career on what constitutes sick leave abuse. There was no usable
definition of what constitutes incapacity. Is a headache sufficient reason to take sick leave? What about depression and
other gray areas? Simply having a chronic condition may be reason for days off. Having to submit to interrogation by a
manager who may already be hostile toward an employee for absences is demeaning and rife with potential for abuse by the manager. Not
all conditions require a visit to the doctor, so requiring this documentation is not an effective way to respond to sick leave
abuse. Managers are not doctors and are not qualified to make decisions about what constitutes incapacity, especially in
the absence of agency guidelines. Managers are not employment lawyers and are not qualified to make judgments about what
constitutes abuse. My solution to the problem is simply to recognize that the employee's sick leave is his to use or conserve
as he sees fit. When employees exhaust their sick leave, they may have to
leave the service or take leave without pay if their incapacity continues. While this may seem harsh, it is a policy that
recognizes that employees are responsible for their actions, and it treats all employees with dignity and respect. When
employees minimize use of sick leave, and provide exemplary service, they should be rewarded by payment or compensation for
unused sick leave, as all now are at retirement since Congress in November approved sick leave credit for Federal Employees Retirement System employees.
Because sometimes the need is real, I would also allow employees who build large sick leave balances to donate portions
of their sick leave to employees who have exhausted their sick leave. Currently, employees can only donate annual leave. This
policy results in broadcast appeals for donations, and probably little response from employees, who value their annual leave
more than their sick leave. Policies are based on a mistaken idea that sick leave is a privilege and not a job benefit.I
did not abuse sick leave; I managed my health and medical needs. I treated my sick leave as an asset to be used. At one point,
I had more than 1,500 hours of accumulated sick leave. On the day I retired I had no balance. My management went along, as
I was upfront and had every hour approved, generally in advance. I went to human resources and inquired about standards, and
found there were none. I went to the department website and found there were no rules to follow. I went to the Office of Personnel Management and found no assistance there, either. If there is an understandable
standard, it isn't being promoted.As I was not compensated under FERS for
my unused sick leave, the result was a zero balance. This was the result of the way FERS was implemented. If I were still
working, and under the current policies, I would probably save my sick leave aggressively.The problem is that managers pretend
that the problem is employees who abuse something that isn't theirs. This is a result of the way the agency treats employees,
not the way employees "abuse" the system. Agencies should view excessive sick leave as a symptom of another problem, depression,
job burnout, disagreements with management or whatever. They should address the cause, not the symptom. Another idea: Rather
than have categories of annual and sick leave, combine the two and provide leave, up to an annual limit, and allow unlimited
accumulations.
That way, workers can manage their leave in a self-interested way. The agency, in turn, will get a
better-motivated employee.Federal managers have more important work than jousting with employees about coughs and sneezes. ——— James
Stephens retired in 2009 after a 31-year federal career. He worked at the Navy, Treasury and Interior departments.
PAY FREEZE
MOTION TO RECOMMIT
Mrs. BACHMANN. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Mrs. BACHMANN. Yes, in its current form.
Mr. SKELTON. Mr. Speaker, I reserve a point of order against the motion to recommit.
The SPEAKER pro tempore. The point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mrs. Bachmann moves to recommit the bill back to the Committee on Armed Services with instructions to report the same back
to the House forthwith with the following amendment:
At the end of the bill, add the following new title:
TITLE__--PAY FREEZE
SEC.X01. PAY FREEZE.
(a) In General.--Notwithstanding any other provision of law, for purposes of computing compensation for service
performed during fiscal year 2011 and the first quarter of fiscal year 2012, the rate of salary or basic pay for any office
or position within the civil service, as defined by section 2101 of title 5, United States Code, shall be deemed to be equal
to the rate of salary or basic pay payable for such office or position as of September 30, 2010.
(b) Congressional Pay Freeze.--Notwithstanding any other provision of law, no adjustment shall be made under section
601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (related to the Compensation of Members of Congress) during
fiscal year 2011 and the first quarter of fiscal year 2012.
(c) Rule for New Positions.--For purposes of subsection (a), the rate of salary or basic pay payable as of September
30, 2010, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic
pay payable to individuals in comparable offices or positions on such date.
(d) Rule of Construction.--Nothing in this section shall be considered to apply with respect to any office or
position within the uniformed services, as defined by section 2101 of title 5, United States Code.
Mrs. BACHMANN (during the reading). Mr. Speaker, I ask unanimous consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Minnesota?
Mr. SKELTON. I object.
The SPEAKER pro tempore. Objection is heard.
The reading will continue.
The Clerk continued to read.
Mr. SKELTON (during the reading). Mr. Speaker, I ask unanimous consent to dispense with the continuing of the reading.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Missouri?
There was no objection.
POINT OF ORDER
Mr. SKELTON. Mr. Speaker, I make a point of order against this motion as it is not germane, and I insist on that point
of order.
Mrs. BACHMANN. Mr. Speaker, I ask to be heard on the point of order.
The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized.
Mrs. BACHMANN. Mr. Speaker, the motion to recommit proposes to add a new amendment to the bill freezing the rate of pay
for ourselves, Members of Congress, and for the non-uniformed Federal employees. The amendment relies on the definition of
civil service provided in title V of the United States Code which covers positions in the executive, the judicial, and the
legislative branches.
The bill before us contains numerous and repeated references to title V of the United States Code, yet the gentleman makes
the point of order that this amendment is not germane to the bill.
Mr. Speaker, the bill before us includes provisions, such as the recently adopted Sarbanes amendment, that affect the policies
of all executive branch agencies, not just the Department of Defense. And on that basis, I believe that the Chair will find
the provisions of the amendment limiting pay for civilian executive branch employees germane. I also believe that the bill
is broad enough to cover judicial employees as well.
So, Mr. Speaker, that then leaves the question of ourselves, our pay, and that of non-uniformed Federal employees, legislative
branch employees. So, therefore, Mr. Speaker, I believe it would be improper for the Chair to use a point of order for the
purpose of protecting the employees of the legislative branch and for the purpose of protecting and shielding us Members of
Congress from the pay freeze herein being proposed. And it would otherwise be in order for employees of the executive branch.
And so, Mr. Speaker, I ask the question: Do we really want to go on record saying that the rules of this House should not
be used to shield our own Members of Congress' salaries and also those of the legislative salaries of the non-uniformed branch
from being fiscally irresponsible?
So, Mr. Speaker, I urge you not to sustain the point of order because when the average wage and benefit package of government
workers is double that of private employees, then we should not use--
Mr. SKELTON. Mr. Speaker, I insist on my point of order.
Mrs. BACHMANN. I am speaking on the point of order, Mr. Speaker.
The SPEAKER pro tempore. The gentlewoman is reminded to confine her remarks to the point of order.
Mrs. BACHMANN. Yes, Mr. Speaker.
We should not use the arcane rules to somehow exempt ourselves as a Member of Congress from our own pay increases and that
of the non-uniformed Federal offices under the responsibility of tightening our belt.
Mr. SKELTON. Mr. Speaker, I insist on my point of order. It is not germane.
The SPEAKER pro tempore. The Chair will rule.
The gentleman from Missouri makes the point of order that the instructions proposed in the motion to recommit offered by
the gentlewoman from Minnesota are not germane. The bill broaches a range of subject matters related to both national defense
and to general operations of the Federal Government. This range of subject matters implicates the jurisdiction of several
committees.
The instructions proposed in the motion to recommit seek to prohibit certain future increases in pay for Members of Congress
and employees across the Federal Government. This prohibition, by addressing the legislative branch, involves the jurisdiction
of the Committee on House Administration.
One of the fundamental principles of germaneness is that an amendment must confine itself to matters within the jurisdiction
of the committees with jurisdiction over the pending text. To the Chair's knowledge, the underlying bill is devoid of subject
matter within the jurisdiction of the Committee on House Administration. Thus, the motion offered by the gentlewoman from
Minnesota is not germane. The point of order is sustained. The motion is not in order.
Mrs. BACHMANN. Mr. Speaker, I appeal the ruling of the Chair.
The SPEAKER pro tempore. The question is, Shall the decision of the Chair stand as the judgment of the House?
MOTION TO TABLE
Mr. SKELTON. Mr. Speaker, I move to table the appeal of the ruling of the Chair.
The SPEAKER pro tempore. The question is on the motion to lay the appeal on the table.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
RECORDED VOTE
Mrs. BACHMANN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on tabling the appeal will be
followed by 5-minute votes on passage of H.R. 5136 and adoption of H. Res. 407, unless sooner followed by further proceedings
in recommittal.
The vote was taken by electronic device, and there were--ayes 227, noes 183, not voting 21, as follows:
[Roll No. 334]
AYES--227
Prison inmate dies after assault
LEWISBURG — An inmate at the U.S. Federal Penitentiary at Lewisburg died Tuesday from injuries he suffered when
assaulted by another inmate two weeks ago.
Arnold Smith, 54, of Huntington Beach, Calif., was assaulted June 1 in a
housing unit and died at an unidentified Valley hospital Tuesday evening, according to a statement released by penitentiary
spokesman Andrew Ciolli.
The injuries Smith suffered were not disclosed and the cause of death is pending an autopsy.
The
FBI is investigating the assault, the statement said.
The press office at the penitentiary did not respond to calls
for further information Wednesday.
A spokeswoman from the Federal Bureau of Prisons in Washington, D.C., said the agency
did not have information regarding inmate deaths at specific prisons and referred questions to the Lewisburg Penitentiary.
Smith
was serving an eight-year, four-month sentence for conspiracy toprovide contraband to federal prisoners, attempt to obtain
and possesscontraband by a federal prisoner and conspiracy to distribute a controlledsubstance-heroin.
He had been
housed with about 1,200 prisoners at Lewisburg since Aug. 10.
The assault was one of three violent incidents involving
inmates in anine-day span in late May and early June.
Prison officials are usually tight-lipped about inmate assaults,
which areinvestigated by federal officials.
Local 148 President Dave Bartlett, who represents prison employees, saidthe
number of reported assaults were not unusual and inmates seem to getrestless and unruly during warmer months.
Supreme Court upholds search of a police officer's
messages
By Dawn Lim06/17/10
The Supreme Court on Thursday ruled a search of a police officer's personal text
messages on a government-issued pager was constitutional. But it avoided tackling a thornier and broader question: What level
of privacy can public employees expect on work-provided communications devices?
In City of Ontario v. Quon, the high court unanimously found that, contrary to a U.S. Court of Appeals for the 9th Circuit
ruling, a police department's search of a SWAT officer's texts was reasonable, because it "was motivated by a legitimate work-related
purpose, and because it was not excessive in scope."
At issue was the fact the City of Ontario, Calif., police department uncovered hundreds
of racy texts by Sgt. Jeff Quon, after it ordered transcripts of his messages to investigate whether monthly limits on texting
on department-issued pagers were too low.
The discovery prompted Quon to sue the city and police department for violating his
Fourth Amendment right of protection against unreasonable searches and the Stored
Communications Act, which prevents the unauthorized access of a facility through
which an electronic communication service is provided.
The Supreme Court decision, delivered by Justice Anthony Kennedy, noted, "As a law
enforcement officer, [Quon] would or should have known that his actions were likely to come under legal scrutiny, and that
this might entail an analysis of his on-the-job communications."
The city and the police department had a legitimate interest in ensuring they were
not paying for extensive personal communications, and -- at the other extreme -- that employees were not forced to pay for
work-related correspondence out of their own pockets, the court ruled.
Jim Dempsey, vice president for public policy at the civil liberties group Center
for Democracy and Technology, said, "The message to government employers is that the courts will continue to scrutinize employers'
actions for reasonableness, so supervisors have to be careful."
This is the first time the high court has tried to define Fourth Amendment rights
in the context of electronic communications.
While some advocates had hoped the courts would make a ruling that established broad
privacy rights for federal employees, the justices were unwilling to resolve the hot-button issue head on, instead acknowledging
it was uncertain how workplace norms would change in a time of rapid technological advances.
"Prudence counsels caution before the facts in this case are used to establish far-reaching
premises that define the existence and extent of privacy expectations of employees using employer-provided communication devices,"
the decision stated. In a dissent on only that section of the ruling, Justice Antonin Scalia hinted the court should have
made a broader ruling. "That we should hedge our bets by concocting case-specific standards or issuing opaque opinions --
is in my view indefensible," he wrote. "The-times-they-are-a-changin' is a feeble excuse for disregard of duty." Jared
Kaprove, a domestic surveillance counsel with the research group Electronic Privacy Information Center, said while he had
hoped a stronger framework would be established to reduce the intrusiveness of searches, "the narrowness of the ruling does
give cause for optimism."
Senate deals another blow to efforts to freeze federal
pay
By Elizabeth Newell
After strong debate from both sides of the aisle, the Senate on Thursday rejected
a legislative provision that would have frozen federal pay and the size of the government workforce.
The chamber voted 57-41 to let stand a budgetary point of order against a GOP alternative
amendment to the American Jobs and Closing Tax Loopholes Act. The point of order essentially blocks the amendment, offered
by Sen. John Thune, R-S.D., which sought to avoid $113 billion in spending, partly by freezing federal employees' salaries,
eliminating their bonuses and collecting their unpaid taxes. It also would have held the number of government workers at current
levels, and rescinded $38 billion in unobligated stimulus funds.
"The alternative amendment I proposed was a common sense step toward restoring fiscal
sanity to our nation's runaway spending and ballooning deficit," Thune said after the vote. "The defeat of my amendment was
a missed opportunity for Congress to prove they are serious about tackling our dangerous spending habits and $13 trillion
national debt. This amendment would have lowered taxes for families and small businesses as they struggle through these challenging
times."
Senate Republican Leader Mitch McConnell urged colleagues to vote in favor of the
amendment.
"Senators will have a simple choice today. They can either vote to reduce the deficit,
or they can lock arms with the Democrat leadership and dig an even deeper hole of debt when most Americans think $13 trillion
is far too much already," the Kentucky lawmaker said. "If you're even remotely attuned to what Americans are asking of us,
this would be an easy choice." During debate of the amendment, Delaware Democratic Sen. Ted Kaufman chastised the Republicans,
saying they were using incorrect information on federal pay to scapegoat hardworking employees.
"Over the years, as I've witnessed countless acts of personal courage, devotion to
country and real sacrifice" by federal employees, Kaufman said. "I have also seen and heard such disheartening and baseless
attacks against those who choose to serve. The pending amendment is just the latest assault."
Kaufman said it has become too common for politicians to criticize Washington by
"defaming" civil servants.
"Now is not the time to talk about laying off federal workers, or freezing their
pay," he said. "We should be talking -- seriously and on this floor -- about how to invest in recruiting the next generation
of federal employees."
Sen. Max Baucus, D-Mont., on Tuesday called the proposed spending cuts "arbitrary
and restrictive." He also warned that the provision to cap the total number of federal employees would dramatically reduce
agencies' flexibility to make hiring decisions, forcing them to find an existing employee to fire if they needed to hire a
new one.
Treasury kicks off effort to go paperless with federal benefits
The Treasury Department is kicking off an initiative to move recipients of
federal benefits away from paper payments to direct deposit by March 2013, the Obama administration announced Monday.
New enrollees receiving a range of benefits administered by the Social Security Administration,
Veterans Affairs Department, Railroad Retirement Board and Office of Personnel Management will be required to receive payments
beginning March 1, 2011, either through direct deposit into a bank account or through a Treasury-issued debit card. All existing
check recipients will have to enroll to receive electronic payments by March 1, 2013.
Treasury announced
the initiative in April, saying that moving all recipients of these benefits to electronic payments would save more than $300
million in the first five years. Currently, 85 percent of federal benefit recipients receive their payments electronically.
On Monday, Office of Management and Budget Director Peter R. Orszag said the shift
to electronic payments will continue to save $120 million each year after the first five, and he painted the initiative as
part of the administration's efforts to reduce wasteful spending in the federal government.
"This is a win-win for the American public, because it makes government more convenient
and cost-effective," Orszag wrote on the OMB blog.
"This is precisely the type of smart, streamlined improvement that this administration is committed to making across government
to boost efficiency and modernize how we do business. And OMB is working with agencies across the government to bring more
ideas like this one online in the months to come."
Orszag said not only will electronic payments be more convenient for many beneficiaries,
they also will eliminate the risk that checks will be lost, stolen, altered, or fraudulently signed, which happens more than
500,000 times a year with paper checks.
"The benefits of electronic transactions are well-documented," the Treasury announcement
stated. "Aside from the large cost savings, electronic transactions provide safety, convenience and control for payment recipients,
taxpayers and savings bond holders."
The department pledged that the shift would be accompanied by strengthened protections
for those who receive direct deposits. Treasury and the federal agencies that issue benefit payments have published a notice
of proposed rule-making to ensure that federal benefit payments that are protected from garnishment remain safeguarded after
being directly deposited into accounts.
Treasury also will issue a proposed rule reaffirming the long-standing policy that
federal benefits must be deposited directly into an account in the name of the recipient and not into an account of a third
party. The announcement stated that the rule will prevent entities such as payday lenders from establishing master accounts
to receive payments on behalf of multiple beneficiaries. It will allow for direct deposit into master accounts established
by reputable organizations such as nursing homes, as long as those organizations establish certain consumer protections.
Pay-freeze pitches are 'demoralizing,'
says Virginia Democrat
By
Amelia Gruber
Proposals to freeze federal employees' pay might make good headlines in lawmakers'
home districts, but they are "demoralizing" to public servants, a Virginia Democrat said on Thursday.
Such proposals
also make it that much harder for the government to compete against the private sector for talent, said Rep. Gerry Connolly,
during a breakfast discussion in Washington hosted by Government Executive. Lawmakers should be more supportive of
civil servants and the critical work they do, he said. But he noted one of the things he has learned during his first term
in Congress is the further from the Beltway his colleagues' constituencies get, the harder it is to explain the complex issues
the federal workforce faces and build sympathy.
Connolly said he wants no part of the government-bashing that has emerged in the
run-up to the midterm elections. Skepticism of government is healthy, he said, but it should not get carried so far that citizens
lose faith in public institutions and stop participating in politics.
"I'm certainly not going to campaign on freezing civilian pay," Connolly said. "That's
a campaign pledge."
The freshman Democrat noted he is a strong advocate for giving civilians and military
members the same annual raise and is pleased President Obama returned to the concept of pay
parity in his second budget request. Connolly also said he supports the idea
of paying employees based on how well they perform their jobs, but that it could be a nightmare to implement across an organization
as large as the federal government.
Any performance-based pay system must be transparent and objective, and have safeguards
against abuse, Connolly said. Agencies could have separate systems, but the Obama administration should establish some baseline
parameters and expectations, he said.
Connolly said he is confident that Defense Department officials will be able to come
up with a performance management arrangement to replace the ill-fated National Security Personnel System, but added Congress
will help them if they don't. He said he supports measures to ensure employees moving from NSPS back to the General Schedule
aren't unintentionally penalized for the pay raises they received under NSPS, noting he is not entirely comfortable with the
idea of holding those employees back until the General Schedule catches up to them. He said he would consider a proposal adding
steps to GS pay grades to resolve the issue.
Other changes that could make government more attractive as an employer according
to Connolly include more robust telework and internship programs. He said he is optimistic the House will pass a bill to increase telework once it is brought
up under regular order requiring a simple majority vote, and noted a bill he introduced to strengthen
student internship programs (not to be confused with the Federal Career Intern
Program, which he has criticized), has been incorporated into the fiscal 2011 Defense authorization measure.
The Crunch in Federal Prisons
by Jessica Pupovac
More prisoners are doing federal time than ever, but Congress isn't allocating
enough funds to pay for them. Prison officials and reformers say a rethink of the system is long overdue.
While cash-strapped
states are responding to the nation's economic crisis by looking for ways to reduce their prison populations, the federal
prison system is heading in the opposite direction.
Last year, the 115 federal prisons added 7,000 inmates to their
rolls, making a total of 211,000 inmates in federal facilities as of early June-and the figure is expected to grow. The number
of federal criminal cases filed annually has increased from 69,575 in fiscal year 2005 to 76,655 in FY 2009.
To make
matters more difficult, federal funding isn't keeping up with the extra burden.
At a U.S. Sentencing Commission hearing
in Washington, D.C. last week, U.S. Attorney for Atlanta Sally Quillian Yates said that federal facilities are currently operating
at 34 per cent above capacity. And that, she warned, will have "real and detrimental consequences for the safety of prisoners
and guards, effective prisoner reentry, and ultimately, public safety."
The White House appears to have recognized
the problem. President Barack Obama is seeking a $600 million increase in the prison system's budget for next year.
The proposal includes filling an additional 1,200 correctional staff positions and opening three new facilities.
But
the question is whether a budget-conscious Congress will go along. The prison system already eats up $6.8 billion, making
it the second-largest component of the Justice Department's budget, just below the FBI.
What accounts for the rise
in federal prison inmates?
While white-collar criminals like Bernard Madoff get a big share of news coverage, they
constitute only a small minority of the federal prison population. Slightly over half of current federal prisoners (52 percent)
are doing time for drug-related crimes. While the average sentence for drug trafficking has held steady in recent years (six
to seven years), it is a key factor contributing to the pressure on federal prisons. Another factor is the government's
crackdown on immigration violators, who account for another 11 percent of federal prisoners. An additional eight percent
are in for for violent crimes. Adding to the pressure, about 11 percent of federal prisoners require high-security facilities.
Concerns
about federal prison overcrowding are shared by prison workers as well. Bryan Lowry, president of the American Federation
of Government Employees' Council of Prison Locals, which represents most of the 35,800 federal prison workers, says the crowding
contributes to an increasingly hostile environment for both inmates and those charged with watching over them.
And
the results can be fatal. In June 2008, correctional officer Jose Rivera, who had returned from serving in Iraq with
the U.S. Navy and had worked in the Atwater, California, federal maximum-security prison for 10 months, was stabbed to death
by two inmates. According to Lowry, if not for funding cuts and changes in Bureau of Prison policy, Rivera would have had
another officer working alongside him, as well as better equipment to fend off his attackers.
There have been 340 inmate-on-staff
assaults in federal prisons nationwide since Rivera's death.
"These aggressive acts by inmates against staff illustrate
a common reality facing staff daily at their workplace," Lowry told a House Appropriations subcommittee in March. "[Federal]
prisons have continued to be increasingly dangerous places to work, primarily because of serious correctional worker understaffing
and prison inmate overcrowding problems."
Meanwhile, the growing prisoner count, coupled with aging facilities, are
requiring more renovations and new construction every year.
Federal Bureau of Prisons Director Harley Lappin told Congress
this spring that the rising federal inmate population has made the funding pressure to pay for them relentless. In order
to combat overcrowding, he said, officials must make some hard choices. Either more prisons must be built, or there
should be movement towards reducing sentences, and "significantly" increasing community-based alternatives such as home confinement.
But
making those choices involves bringing together the multiplicity of players involved in the system: the prison bureau,
Congress (which determines the bureau's budget), and the U.S. Attorney General's office (which determines prosecution priorities).
Federal courts, meanwhile, are in charge of setting parameters for community supervision.
In other words, the solution
is political.
The escalating costs and rising population in the federal prison system are "fundamentally a political
problem," says Chris Innes, research and evaluation chief at the National Institute of Corrections, an arm of the prison bureau
that provides training and technical assistance to corrections agencies. "It's going in the opposite direction of the way
that [state] prisons are going, and that's a function of Congress, of the federal sentencing guidelines and the insulation
that the federal budget has, which is not a luxury at the state and local levels."
Many reformers believe that the
government needs to focus on the handling of drug cases, which account for the biggest single component of the federal prison
population.
Most of those prisoners were subject to tough mandatory minimum sentences imposed by federal law, "which
make it easier for legislators to look tough on crime," says Julie Stewart, founder of Families against Mandatory
Minimums (FAMM).
Stewart speaks from painful experience. She started her group nearly 20 years ago after her brother
was given a five-year sentence in federal court for growing marijuana in his garage in the state of Washington. If he
had been prosecuted in state court, the same crime would have earned him just two years, based on Washington's mandatory minimum
terms, she says.
Stewart's complaint is shared by a growing number of both conservative and liberal critics who believe
that punishments should be left to the discretion of judges.
But is anyone listening?
At a time of relatively
low crime rates, federal prison woes get little public attention. All the same, there are signs of activity. Congressional
appropriators have asked the National Institute of Corrections to report by September on evidence-based policy changes that
the prison bureau could make that would help "manage its offender population while reducing recidivism, improving public safety,
and reducing future costs to the American taxpayer."
In the meantime, Attorney General Eric Holder has assigned an
internal group in the Department of Justice to come up with a sweeping review of federal sentencing guidelines, taking into
account current available data on racial and ethnic disparities in sentencing, alternatives to incarceration, and recidivism
reduction strategies.
U.S. Attorney Yates told the sentencing commission that some of the group's recommendations will
be issued soon, but it was not clear that they would have a significant impact on the federal prison population.
A
more-extensive review could also occur if Congress approves legislation proposed by Sen. Jim Webb (D-Va.) to create a blue-ribbon
bipartisan commission to examine the nation's criminal justice system and recommend reforms. The bill was approved by the
Senate Judiciary Committee in January and awaits a vote on the Senate floor. Its companion bill was introduced in the House
in April.
FAMM's Stewart says one promising sign of action by Congress on sentencing is that in 2008, lawmakers passed
the Second Chance Act, which authorizes federal grants to government agencies and nonprofit organizations to help released
inmates with services including mentoring, finding housing and jobs, and substance abuse treatment. The law was enacted with
bipartisan support.
One thing federal officials might do is look at the states.
A report this spring from the
Pew Center on the States said that at least 22 states slashed their corrections budgets in 2009, many with reforms that have
signaled the potential for long-term savings.
Kansas, Arizona, and Illinois are using community-based alternatives
to incarceration, keeping some offenders out of the prison system and helping them get services they need to stay crime-free.
Colorado and Oregon increased the number of days inmates can chip off of their sentences as an incentive for good behavior.
Michigan, Idaho, California, and Mississippi are working to expedite their parole processes and move more inmates out of prison
and into increasingly comprehensive re-entry services.
While Congress and the Justice Department ponder the options,
the federal court system is making some changes of its own. With 45,000 federal inmates being released every year, some judges
are seeking ways to make sure they don't return to prison. The judges are operating re-entry courts, modeled after more than
2,100 drug courts that have proven effective around the nation over the past 20 years. The re-entry courts give judges an
option of mandating drug treatment and giving released convicts the option of making one last effort to get clean before they
are forced to return to prison.
According to the National Drug Court Institute, at least 30 federal re-entry courts
are currently in operation-most of them started within the past two years.
Federal courts are also working to educate
probation and parole officers about evidence-based practices that will help people stay crime-free once released. Dick Carelli,
spokesman for the U.S. Administrative Office of the United States Courts says that the effort is one of the judiciary's "highest
priorities in the last year or two."
Federal prison director Lappin says that if politicians want to spend less public
money running prisons, they should support changes like creating more community corrections programs to help prevent inmates
from committing new crimes.
But he noted that many politicians don't want such projects located in their districts.
"In
this past year, you can't imagine the number of locations we have tried to place halfway houses, (and their answer has been)
'absolutely not,'" he said.
"Literally, people calling me saying, 'We don't want them back, Director, don't send them
here.' These are governors. These are congressmen and senators. These are community leaders. That's got to change."
Jessica Pupovac is a free-lance writer based in Chicago.
Filed under: Article, Federal Prisons, Prisons One Response to "The Crunch in Federal Prisons" 1. Federal
Prisons More Crowded, Less Funded; DOJ Lagging on Prison Rape Standards; and More Prison Law Blog says: "The
Crunch in Federal Prisons": The Crime Report notes that federal prisons are now at 34% above capacity, but Congress isn't
keeping up with the growth by allocating more funding. The federal prison system now holds over 200,000 inmates, i.e., more
than California. Slightly over half of federal prisoners are doing time for drug-related crimes, and most of them are subject
to tough mandatory minimum sentences.
Federal prisoners will no longer make helmets for U.S. troops after the Army recalled 44,000
helmets that were made by UNICOR –- also known as Federal Prison Industries.
Testing revealed that the helmets did
not meet the Army’s ballistic standards. The company has suspended
making helmets indefinitely, said Traci Billingsley, a spokeswoman for Federal Bureau of Prisons.
The decision to stop making the helmets was made a few months ago, she said on Wednesday.
“I can tell you that the decision to stop making helmets was prompted by an audit
by defense and an investigation by the Department of Justice Office of Inspector General,” she said in an e-mail.
The news comes a day after U.S. Rep. Christopher Carney, D-Pa., called for a review
of military contracts to Federal Prison Industries after the Army’s recall.
“Our military men and women deserve the best-made equipment and this recall further
demonstrates the pitfalls of trusting prisoners with the lives of our Soldiers and Marines,” Carney said in a news release
on Tuesday.
Carney
also questioned the Federal Prison Industries’ preferred status, which gave it the edge over private industry. Gentex
Corporation and BAE Systems, which make helmets, have large facilities employing hundreds of people in Carney’s district,
said his spokesman, Josh Drobnyk.
“We want to make sure that we protect the troops, first and foremost, and in
doing so we looked at what was being provided to the troops and who was providing it. ... The folks in our district were providing
a very good quality piece of equipment and FPI wasn’t making the grade,” Carney said Wednesday.
If Federal Prison Industries decides to make helmets again, Billingsley said, it will
no longer have “mandatory source preference.”
Carney called the company’s decision to stop making helmets a “victory.”
When asked if his stand against the company might be election-year posturing, he said, “The recall of the 44,000 [helmets]
had nothing to do with the election year.” He said he is considering whether Congress needs to review all products that
prisoners make for the military.
The helmet recall, prompted by a Justice Department probe, included about 20,000 issued
to Soldiers. Earlier this month, the Army acknowledged it had no idea where the helmets were.
“They could be on some Soldier’s head in Iraq or Afghanistan. They could
also be anywhere else in the world,” said Brig. Gen. Peter Fuller, head of Program Executive Office Soldier, the Army’s
center for advanced equipment.
Federal Prison Industries had two contracts with the Defense Logistics Agency, but
stop-work orders were issued in February and no helmets were issued to troops.
Dublin, California (CNN) -- It's a Monday morning, and Vince Cefalu just got into work at his more than $150,000-a-year-job
as a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
"It's 9:30. This is what I affectionately refer to as the cage," Cefalu, 51, said. "I am sitting here with an empty in
box and nothing to do. I'll keep you apprised."
CNN gave Cefalu a video camera to document what he does at work. For five days, he recorded himself inside his own office.
Cefalu said he was put in a job with little or nothing to do because he's the victim of retaliation by ATF managers. After
spending much of his nearly 24-year ATF career going undercover with motorcycle gangs and white supremacist groups, he now
oversees equipment inventory.
"I spent my whole life standing up to bullies," Cefalu told CNN in an interview to air on AC360 Wednesday night. "The bullies
right now are government bureaucrats who are abusing their oath and abusing the expectations of the public. I'm not leaving
until this is resolved."
Records show ATF supervisors claim he's had performance and discipline issues.
CNN has interviewed dozens of ATF supervisors, agents and employees around the country who said they've been demoted or
labeled troublemakers just for filing a complaint.
Later on the same Monday in which he brought a video camera to work, Cefalu was still having a slow day.
"I'm going to get something to eat, drag out the day a little bit, get some interaction with somebody ... Here I am, Safeway
sandwich, a little news on, catching up on current affairs. I've had a few phone calls, personal phone calls that I've made,
waiting for something to do."
At 3 p.m. that day, he records himself, saying "...watching a little news, surfing the net, reading some e-mails, doing
whatever, waiting for something to do. It's good money for not a lot of work, I guess. I'm being facetious, obviously."
He said ATF managers turned against him after he reported in 2005 what he said was an illegal wiretap plan in a racketeering
case. Records show ATF disputes his claims of the planned illegal wiretap. But he said that started a series of retaliatory
measures that ended up in 2007 with him in a desk job. His only negative evaluation, he said, was the year after he criticized
the planned wiretap.
"Had I not exposed some unethical, potentially criminal clearly outside policy conduct and actions by law enforcement that
I was working with, none of this would have happened," Cefalu said. "I would still be working in the field."
"I report to where they tell me to report to, and I sit for eight hours a day, and then I go home," he said. "I do nothing."
Cefalu filed a series of grievances and an age-discrimination complaint with the Equal Employment Opportunity Commission,
but an administrative judge ruled against him. His attorney is appealing that decision.
And over the past several years, he's also sent letters to members of Congress complaining about alleged fraud and mismanagement
at the ATF.
"It's almost like being in an abusive relationship, actually. It's almost like domestic violence, really," said Hiram Andrades,
a supervisor in ATF's Washington field office. "It's just you think things are going to improve with each director, you think
things will get better and improve, but they don't."
Andrades, who has a pending discrimination complaint, claims he was discriminated against because he can't get promoted.
"I can't get a promotion even if my life depended on it. If my life depended on it, I'd be dead by now, OK?" Andrades told
CNN. "This type of retaliation isn't good for the agency, it's distracting and it's not good for the American people. We need
to make better use of our tax dollars. We need to use it for the mission versus this kind of stuff. This is very distracting
and not good for anybody."
ATF has not had a permanent director since Carl Truscott resigned in 2006. The agency is being run by Kenneth Melson, who
has been deputy director since 2009.
In an interview with CNN, Melson said he was not permitted to discuss employee cases. But he insisted that he does not
tolerate any type of retaliation.
"When I first came into ATF -- when I went around and talked to people at headquarters and around the country -- my specific
and very emphatic message was that everyone was to be treated with respect and dignity and there would not be retaliation,"
Melson said. "I will not stand for retaliation against people who are abiding by our orders and reporting violations of law
or regulations."
"Every allegation of retaliation doesn't mean it's true," Melson said. "Every person you talked to who perceives it's retaliation
doesn't mean that it's retaliation, because there's been no adjudication of that. They haven't brought it to anybody to try
to resolve it. Be careful when you talk to someone about retaliation, because there are many misconceptions and parameters
of retaliation -- some of which are misinformed."
Asked about an employee who does virtually nothing all day, he said: "Well, I will certainly look into it and find out
why he is not doing anything all day." He added, "I will make sure that he puts in a full day's work, because everybody is
going to put in a full day's work at ATF."
Since fiscal 2005, ATF has paid a total of $1.6 million to settle discrimination claims, according to federal government
records. For the same time period, the FBI paid out $1.3 million and the DEA paid $331,755.
In addition, records show, ATF has more discrimination complaints filed per employee than the DEA or the FBI.
But Melson said complaints have gone down 40 percent since last year. And ATF officials added that the U.S. Marshals Service
and Bureau of Prisons have more complaints per employee.
John Taylor, a former ATF special agent based in Las Vegas, Nevada, said he was the target of retaliation after he wrote
an anonymous letter to the agency's inspector-general. In his 2006 letter, he alleged taxpayer money was being wasted on agents'
unnecessary trips to Las Vegas.
Taylor told CNN he was the target of an investigation into who wrote the letter.
"They asked me did I write the letter. My response was, 'I don't have to answer' ... they tried to charge me with lying."
He said he left ATF as soon as he was eligible to retire after 20 years, on December 31, 2009.
"I told my wife, I'm not going to live if I stay here," Taylor told CNN. "I was depressed. It was hell for me."
Another agent in the Las Vegas office, who claims he was suspected of writing the anonymous letter, also alleged he was
the target of retaliation by managers, according to records obtained by CNN. That agent was fired for failing to pass a firearms
test, but later got his job back.
ATF agents tell CNN that managers are taught how to handle discrimination complaints at supervisor meetings.
CNN obtained a statement from a current ATF supervisor who attended such a meeting in March. During that meeting, ATF associate
chief counsel Eleanor Loos gave a presentation to supervisors in the Atlanta field division.
According to the statement, Loos stated that "she considers the EEO process as the employees' 'bitching platform' and "employees
use this as a means to complain."
"Loos stated in a bragging manner that the EEO process can be dragged on and can take up to three years," the statement
said.
Rafiq Ahmad, the ATF supervisor who wrote the statement, added: "This is not the first time that I have heard Eleanor Loos
making similar remarks. She has presented these same remarks in presentations in New Supervisor's training."
Melson told CNN he had not seen the statement. "But what I can tell you is that the direction that I have given people
is to make sure that we abide by the rules of the agency, that we abide by the process of the EEO, and the ombudsman. And
that's why we have the process in place," Melson said.
In a follow-up interview, Scot Thomasson, chief of ATF public affairs, told CNN that the bureau looked into the statements
made by Loos.
"What we found is those statements were being taken out of context," Thomasson said. "In addition, they
were being characterized in a slanted matter by the person who wrote it."
1. Iran Hostage Rescue Mission Remembered
April 25, 2010
The White House Commission on the National Moment
of Remembrance
On Sunday, April 25, David Kolbe, Political and Legislative
Director of the Ironworkers (U.S. Army) represented the Union Veterans Council at the 30th Anniversary Remembrance Ceremony
Honoring Iran Hostage Rescue Mission Casualties: Arlington National
Cemetery, Section 46
A Remembrance Tribute honored the eight American servicemen
who died during the1980 attempt to free the 53 Americans held hostage in Iran . The ceremony marked the 30th Anniversary of
the tragedy. An all-volunteer military mission to rescue the American hostages was planned for April 25, 1980. On that day,
three Marines and five Air Force servicemen were killed when a helicopter and a transport plane collided on the ground during
a refueling operation in Iran ’s Great Salt Desert , after the ill-fated rescue mission had been aborted.
The eight servicemen honored are: MAJ Richard L. Bakke,
USAF; SGT John D. Harvey, USMC; George N. Holmes, Jr., USM; SSGT Dewey L. Johnson, USMC; MAJ Harold L. Lewis, Jr., USAF; TSG
Joel C. Mayo, USAF; MAJ Lyn K. McIntosh, USAF; CAPT Charles T. McMillan, USAF
During the Iran Rescue Mission, the eight Air Force
Special Operations/Air Commando crew members sacrificed their lives at Desert One Iran so that many of their comrades could
survive. After a Marine RH-53 helicopter collided with their C-130 aircraft, their individual actions contributed to the survival
of over 53 mission personnel trapped in the cabin of the aircraft.
2. Machinists Union (IAM)
Pledges Money for Upkeep of Vietnam Veterans Memorial Grounds
The AP (5/12, Zongker) reports the
International Association of Machinists and Aerospace Workers, a labor union based in Maryland, is "pledging $50,000 for upkeep
of the Vietnam Veterans Memorial grounds on the National Mall." The union "also plans to restore a bronze sculpture of three
soldiers at the memorial."
The Tricare Affirmation Act, aimed at protecting
people in the military health care program from being penalized for not having private insurance, was signed into law Monday
by President Obama.
The new law provides a specific exemption
for Tricare beneficiaries and for nonappropriated-fund civilian employees of the Defense Department from a requirement of
the Patient Protection and Affordable Care Act that will require people without minimal health cover to either buy private
insurance or face a $750 penalty.
Tricare health insurance is specifically
defined by the law signed Monday as minimal essential coverage, which provides an exemption from the penalty.
Rep. Ike Skelton, D-Mo., the House Armed
Services Committee chairman who opposed the national health care reform law but was a key sponsor of the Tricare Affirmation
Act, said he hopes this resolves questions by active-duty family members, retirees and their families about how national health
reform might affect them.
Signing the new law “reinforces that
military health care coverage will not be adversely affected by the health care reform law,” Skelton said.
Skelton’s committee will consider
legislation in May that would extend to Tricare beneficiaries one of the provisions of the new health reform law that allows
unmarried children to remain covered by a parent’s insurance until age 26. That legislation is expected to be included
in the 2011 defense authorization bill.
4.Vets
Salute Obama on Funding
Great article on President Obama keeping
his campaign promises to Veterans—IN THE WASHINGTON TIMES NO LESS!!
5. Obama Signs the Caregivers and Veterans
Omnibus Health Services Act
On May 5, 2010, President Obama signed an important
piece of legislation—the Caregivers and Veterans Omnibus Health Services Act. As the President said:
“With this legislation, we’re expanding
mental health counseling and services for our veterans from Afghanistan and Iraq , including our National Guardsmen and Reservists.
We’re authorizing the VA to utilize hospitals and clinics outside the VA system to serve more wounded warriors with
traumatic brain injury. We’re increasing support to veterans in rural areas, with the transportation and housing they
need to reach VA hospitals and clinics. We’re expanding and improving health care for our women’s veterans,
to meet their unique needs, including maternity care for newborn children. And we’ll launch a pilot program to
provide child care for veterans receiving intensive medical care. We’re eliminating co-pays for veterans who are
catastrophically disabled. And we’re expanding support to homeless veterans, because in the United States of America
, no one who has served this nation in uniform should ever be living on the streets. Finally, this legislation marks
a major step forward in America ’s commitment to families and caregivers who tend to our wounded warriors every day.
They’re spouses like Sarah. They’re parents, once again caring for their sons and daughters. Sometimes
they’re children helping to take care of their mom or dad. These caregivers put their own lives on
hold, their own careers and dreams aside, to care for a loved one. They do it every day, often around the clock.
As Sarah can tell you, it’s hard physically and it’s hard emotionally. It’s certainly hard financially.
And these tireless caregivers shouldn’t have to do it alone. As of today, they’ll be getting more of the
help that they need.”
Please share this important news with your Veterans and Military Family networks. Today is a victory for all Veterans,
their loved ones and all who advocate on their behalf.
You can see the video of the President’s speech
here:
6. First Lady Michelle Obama Announces Presidential
Directive on Military Families, May 12, 2010
WASHINGTON, DC – First Lady Michelle Obama today announced that President Obama has directed the National Security
Staff to lead a new 90-day review to develop a coordinated Federal government-wide approach to supporting and engaging military
families. Building on work and expertise by the Departments of Defense, Homeland Security, and Veterans Affairs, the
review will involve nearly twenty federal agencies as well as the White House Domestic Policy and National Economic Councils
and the Offices of the Vice President, the First Lady, and Dr. Biden.
Specifically, the review will:
Set strategic military family priorities for the next
ten years and identify key military family concerns and challenges;
Review a cross section of public and private programs
to identify the most promising ideas and programs that positively support military families;
Develop options for departments to integrate military
family matters into their strategic and budgetary priorities;
Examine opportunities for Federal policies and programs
to stimulate new and support existing state and local efforts achieving military family readiness goals and meeting military
family priorities;
Identify opportunities to leverage the skills and
experience of military family members in national and community life; and
Strengthen existing feedback mechanisms for military
families to voice their concerns and views on the effectiveness and future direction of relevant Federal programs and policies.
The review builds on the Obama administration’s
efforts to forge an enduring national commitment to support and engage military families. These combined national efforts
will help ensure that:
The United States military continues to recruit and
retain the highest-caliber volunteers contributing to the Nation’s security;
Service members can have strong family lives while
maintaining the highest state of readiness and focus on their military responsibilities;
Civilian family members can fulfill their own potential
while supporting service members; and
The general population better understands military
families and seeks more opportunities to support military families.
“With just one percent of our population—our
troops—doing 100 percent of the fighting our military families are being tested like never before,” said First
Lady Michelle Obama. “This government wide review will bring together the resources of the federal government,
identify new opportunities across the public and private sectors, and lay the foundation for a coordinated approach to supporting
and engaging military families for years to come.”
The First Lady made the announcement during an address
to the National Military Family Association’s summit – When Parents Deploy: Understanding the Experiences
of Military Children and Spouses. Mrs. Obama addressed the state of America ’s military families today, outlined
a vision of the nation supporting them over the long-term, and how, as a country, all segments of society can work together
to turn that vision into a reality. The First Lady, along with Dr. Jill Biden, uses their platform to support military
families by:
Championing a national call to action that both addresses
the unique challenges facing military families and recognizes and taps their skills, strength and commitment to service;
Building stronger civilian-military community ties;
and
Engaging and highlighting the service and sacrifice
of military families to ensure their voices are heard inside the administration.
The Winter Haven (FL) News Chief (5/9, 10K) reports, "The Polk County Stand Down event for veterans and homeless veterans will be held Saturday, May 15, Armed
Forces Day, at Joker Marchant Stadium in Lakeland, to provide all available services for veterans at one central location."
There, "services will be provided by the Veterans Administration, Polk Veterans Council, Polk County Veterans Services, Social
Security Administration, Blind Vets Association, Department of Health, Florida Department of Veterans Affairs, Florida Rural
Legal Services, Paralyzed Veterans, Peace River, Polk Health care Plan, Polk Works, Tampa Crossroad, Tri-County and local
veterans organizations."
8. Union Veterans Council Supports Mark
Critz for Congress
This week the Union Veterans Council will make its
first foray into politics this year.
We polled the UVC officers and Executive Committee,
and we have unanimous support for backing Mark Critz in the 12th Congressional District in Pennsylvania to fill
the seat held by John Murtha in a special election next Tuesday. Mark Critz was Murtha's Chief of Staff for many years
and carries with him Murtha's dedication to veterans. You can find out more about his positions on veterans issues on
his website. Critz also has the backing of the Pennsylvanial AFL-CIO and many affiliates. http://www.critzforcongress.com/home.
Thursday, May 13, in Johnstown , PA , Phil Glover of
AFGE will represent the UVC in an event with the candidate and other area veterans in a roundtable discussion when he will
make the announcement of our support for Critz.
9. Book Recommendation: Sebastian Junger's
'War'
Book review by Philip Caputo
Sunday, May 9, 2010, Washington
Post
WAR
By Sebastian Junger
The ambitiousness of Sebastian Junger's "War" is summed up in its title. It's a story about war that is much more than a war story.
As a correspondent for Vanity Fair magazine, Junger made five trips to
Afghanistan 's Korengal Valley in 2007 and 2008, embedded with the 2nd Platoon, Battle Company of the storied 173rd Airborne
Brigade. "War" is the result of those journeys into a world so alien to civilians it might as well be a planet in some distant
solar system.
The paratroopers' mission was to deny the valley to Taliban insurgents,
and it proved difficult and costly. Junger and his photographer, Tim Hetherington, arrived utterly unprepared for the level
of violence they experienced. The bloodshed was futile, it turns out. Last month, U.S. troops were withdrawn from the Korengal, leaving it to the insurgents. I was reminded of the battle of Hamburger Hill in Vietnam , when a battalion from the 101st
Airborne Division took heavy casualties in seizing the hill from the North Vietnamese army and then was ordered to abandon
it.
Most of what we read and hear about the conflict in Afghanistan focuses
on politics and strategy. Junger makes plain that he isn't interested in such abstractions but in the men we've sent far away
to do our dirty work. I say "men" because this book takes place among the hyper-male front-line infantry, where women are
prohibited from serving.
With his narrative gifts and vivid prose -- as free, thank God, of literary
posturing as it is of war-correspondent chest-thumping -- Junger masterfully chronicles the platoon's 15-month tour of duty.
But what elevates "War" out of its particular time and place are the author's meditations on the minds and emotions of the
soldiers with whom he has shared hardships, dangers and spells of boredom so intense that everyone sits around wishing to
hell something would happen (and wishes to God it was over when, inevitably, it does).
"War" is divided into three long sections: "Fear," "Killing" and "Love."
In each, Junger makes us see the terror, monotony, misery, comradeship and lunatic excitement that have been elements of all
wars since, say, the siege of Troy . He thus becomes a kind of 21st-century battle singer, narrating the deeds and misdeeds
of his heroes while explaining what makes them do what they do. These reflections, drawing on his wide-ranging research into
military history, biology and psychology as well as on his personal experiences, overreach once or twice. Otherwise, it's
the best writing I've seen on the subject since J. Glenn Gray's 1959 classic, "The Warriors: Reflections on Men in Battle
."
An eight-man squad caught in a Taliban ambush suffers 100 percent casualties.
Their sergeant is mortally wounded. A team leader named Sal Giunta takes over and saves the unit from annihilation. The action
appears chaotic but possesses an underlying choreography that requires each man to make "decisions based not on what's best
for him, but on what's best for the group," Junger writes. "If everyone does that, most of the group survives. If no
one does, most of the group dies. That, in essence, is combat."
He points out that while all animals defend their young and some their
mates, only human beings are willing to die for a cause. And for these paratroopers, as for most warriors, their most cherished
cause, maybe their only one, is each other. It is understood that each soldier will give his life for his comrades, if necessary.
Here is a paradox of war: Comradeship redeems it from becoming total
savagery; yet that sense of brotherhood, the fierce protectiveness it arouses, can make men savage -- or seem so. After a
prolonged firefight, a Taliban guerrilla whose leg has been blown off is seen crawling on a mountain slope. When he stops
moving and scouts report that he has died, the troops cheer. Their joy troubles Junger. "It seemed," he observes, "like I
either had to radically reunderstand the men on the hilltop or I had to acknowledge the power of a place like this to change
them."
He has to do a little of both when a soldier named Steiner explains that
he and his comrades weren't being senselessly sadistic. What tore that wild whoop from their throats was knowing that "this
guy could have murdered your friend . . . we just stopped someone from killing us. . . . That's where the fiesta comes in."
Junger's sketches of the men are deft, his ear for their quirky speech
(aided by video recordings) spot on. A partial platoon roster includes Jones, a former drug dealer who joined the Army to
avoid being killed on the streets; Moreno, an ex-prizefighter and prison guard from Texas; Murphy, a rich kid who went to
etiquette school and wonders which side of the plate the sherbet spoon goes on; the supremely weird Sgt. Buno, a man of indeterminate
ethnicity who wanders around listening to his iPod and muttering bizarre things (asked where he'd spent one night, he replies
that he was in a village "killing werewolves").
The main character, so to speak, is Brendan O'Byrne. Pugnacious and hard-drinking,
O'Byrne is very tough -- he humps up mountains carrying a machine gun as heavy as a jackhammer -- but also gifted with an
ability to articulate thoughts his comrades can't or won't. He confesses to Junger that he prayed only once in Afghanistan
, for a dying medic to live. "But God, Allah, Jehovah, Zeus . . . wasn't in that valley," he says. "Combat is the devil's
game. . . . That's why our prayers weren't answered: the only one listening was Satan."
Junger thinks of O'Byrne as the platoon's collective mind and voice --
"a way to understand a group of men who I don't think entirely understood themselves." This splendid book should help the
rest of us understand them -- and war itself -- a little better.
Philip Caputo is the author of
"A Rumor of War" and, most recently, "Crossers," a novel.
4 staffers hurt in brawl at LA federal jail
LOS ANGELES—Authorities say four staffers at a federal detention center
in downtown Los Angeles had minor injuries after a brawl involving about 10 inmates.
Steve Gagliardi, a case management coordinator at the Metropolitan Detention Center, says two of the
staff members were sent to a hospital as a precaution after the Wednesday night melee.
Gagliardi says the security of the institution was never in jeopardy.
There were no reports of injured inmates.
Los Angeles police officers were called to the scene to assist after the fight broke out at about 7
p.m. They shut down the street outside the jail, but it was soon reopened.
The Bureau of Prisons operates the facility, where men and women charged with federal crimes are held,
including immigration violators awaiting deportation.
LAPD responds to report of disturbance at federal detention
center downtown [Updated]
Los Angeles police cars on Wednesday night were stationed outside the federal Metropolitan Detention Center, where
a reported disturbance had broken out inside.
The nature of the disturbance was unclear, the Los Angeles Police Department
said. A dispatcher at the downtown center declined to comment.
Several LAPD patrol cars were stationed near the
500 block of Alameda Street securing a perimeter around the detention center.
Operated by the Federal Bureau of Prisons, the facility houses both male and female inmates.
[Updated 10:10 p.m.: Federal authorities have the situation under control, and LAPD units have been released,
police said.]
Labor-management council delays reporting on bargaining
expansion
By Elizabeth Newell
The National Council on Federal Labor-Management Relations will delay its deadline
by 30 days to report to President Obama on how to implement pilot programs that would require agencies and unions to bargain
over more issues.
"I think we have to admit that we don't have a strong proposal to take back to the
president at this time," said John Berry, co-chairman of the council, during a meeting on Wednesday. "But we believe we're
making serious progress and have a good faith proposal and the clear majority of the federal government coming to the table
and saying we're willing to work on this issue."
The White House asked the council to report by May 8 on recommendations for implementing
pilot programs to test bargaining over issues not normally subject to negotiation in the federal sector. These so-called (b)(1)
bargaining issues include the number and qualifications of employees assigned to work on projects, technology involved and
work methods, among other topics.
Berry, along with co-chairman Jeffrey Zients, Office of Management and Budget deputy
director for management, recommended the council delay reporting to the president by 30 days and, in the meantime, form a
work group to develop guidance on creating the pilot programs.
Berry said four of the five departments with the largest union representation have
committed to working with the council on the bargaining pilots and their representatives will participate on the team.
"Now is the time to actively involve our union partners at the table to bring back
to this council an approach forward on the pilot that we could undertake within the next 30 days," he said.
A number of union representatives, including National Treasury Employees Union President
Colleen Kelley, Federal Education Association Executive Director H.T. Nguyen, and National Federation of Federal Employees
President William Dougan, agreed to represent labor in the discussions.
At the meeting, the council also debated the findings of a work group tasked with
providing guidance on establishing labor-management forums at various levels within agencies. The group outlined two models
for agencies to use, avoiding a one-size-fits-all recommendation.
Under the first model, agencies would create a forum at the departmental level with
unions that have consultation rights with them at that level. Additional forums could then be created at the component level
for agencies with consultation rights within those agencies or offices.
According to the second model, where there are no unions with department-level recognition,
agencies would create forums at lower levels, including any union with consultation rights within that smaller organization.
Ad hoc labor-management work groups then would be established as needed to address departmentwide issues.
Veterans Affairs Department Deputy Secretary Scott Gould called the work group's
recommendations a "very sensible final determination," but they would like to strengthen the language for some of the recommendations
to clarify that the council encouraged certain actions, rather than just permit them.
Bill Bransford, general counsel for the Senior Executives Association, and Darryl
Perkinson of the Federal Managers Association, expressed their desire to have managers associations included in these agency-level
forums. Jane Holl Lute, Homeland Security deputy secretary, said it needs to be clear whether the managers associations' representatives
are speaking as employees or as management.
"Management speaks for management," Lute said. "There can't be two management voices
at the table."
Gould, a member of the work group, and the rest of the council agreed to review and
fine-tune the language of the recommendations and represent them at the council's next meeting in June.
Four guards hurt in L.A. jail disturbance
LOS ANGELES, May 6 (UPI) -- A brawl that broke out in the Los Angeles federal Metropolitan Detention Center injured four
guards before it was brought under control, U.S. officials said.
Two of the guards were treated at a hospital after Wednesday night's disturbance at the facility.
Los Angeles police responded to the jail to help secure the perimeter while the center's staff quelled the disturbance,
the Los Angeles Times said.
It was not known what caused the melee. The MDC, a U.S. Bureau of Prisons facility, houses more than 1,000 male and female
inmates.
Federal benefits payments will go exclusively electronic by 2013, the Treasury Department
announced on Monday.
Treasury's decision applies to all recipients of Social Security, Supplemental Security
Income, Veterans Affairs, Railroad Retirement and Office of Personnel Management benefits. Enrollees will be able to choose
between direct deposits and balances added to Treasury debit cards. All new program enrollees will receive their benefits
electronically starting on March 1, 2011, and current recipients will make the transition by March 1, 2013.
Treasury said 85 percent of federal benefits recipients already are receiving electronic
payments. By moving the remaining 15 percent off paper, the government will save $300 million over five years, the department
estimated.
Matt Biggs, legislative director for the International Federation of Professional
and Technical Engineers, praised the decision as a cost-saving and environmental measure. The debit cards program, he said,
is a good alternative for beneficiaries who might not have access to conventional bank accounts. But he suggested that electronic
enrollment should be a default, rather than the only option.
"There is still some justifiable concern from veterans and others that should not
be ignored," Biggs said. "While this is clearly the right time to make the transition, the government should also allow beneficiaries
the option to continue to receive their benefits in a paper form."
In a Federal Register notice posted on Monday, OPM also proposed a number
of changes to the Federal Employees Health Benefits Program.
Open season -- the time when federal employees can change their FEHBP enrollments
-- runs from the beginning of the second full work week of November to the end of the second full work week of December. OPM
proposed switching it to run from Nov. 1 to Nov. 30.
"This will simplify the annual announcement of the time period for open season and
allow agencies and employees to better plan for the enrollment opportunity since they will know well in advance when it will
occur each year," the agency said in the notice.
In addition, OPM suggested changes to the kinds of plans health care companies can
offer through FEHBP. Right now, insurers can offer two regular options and one high-deductible plan, in which enrollees pay
most of their costs out of pocket in exchange for low premiums. OPM proposed allowing companies to choose between offering
two plans and a high-deductible option, or three regular plans.
Deadline for burning accumulated comp time is fast approaching
By Amelia Gruber
The Office of Personnel Management on Tuesday reminded agencies that the clock
is ticking on a three-year grace period for a rule that bars federal employees from stockpiling compensatory time off.
Employees have until May 22 to use up comp time they accumulated in lieu of overtime
pay before the March 2007 policy went into effect. That regulation required workers to use comp time within 26 pay periods. But it applied only to comp
time earned after May 14, 2007. Employees had three years to burn time they'd gathered previously.
If employees fail to use their grandfathered time off by May 22, then they either
will receive pay for the unused hours, or they will be forced to forfeit them, according to the March 30 memorandum from OPM Director John Berry. There will be no exceptions, he said.
Employees covered by the 1938 Fair Labor Standards Act are entitled to receive pay
for unused comp time. Those exempt from the law can be paid or forced to forfeit the time, depending on their agencies' internal
policies. Agencies, however, must pay employees who cannot use the time due to certain circumstances beyond their control.
TSP
annual leave investment bill unveiled
By Alex M. Parker
Leaders of a House oversight subcommittee have officially introduced a bill
that would allow federal employees to invest the cash value of unused annual leave in their Thrift Savings Plan retirement
accounts.
The bill (H.R. 4865), sponsored by Reps. Stephen Lynch, D-Mass., and Jason Chaffetz, R-Utah, would
let employees roll over the value of their leftover leave as long as it did not push them above the cap on annual retirement
contributions of $16,500 for employees younger than 50 and $22,000 for those who are 50 or older.
The National Treasury Employees Union praised the measure.
"Many federal employees carry over the maximum amount of 240 hours of annual
leave on a yearly basis, and this legislation could significantly boost their TSP accounts," NTEU President Colleen Kelley
said.
The bill grew out of a September 2009 pledge from President Obama to make
it easier for Americans to save money. One idea was to let workers roll leftover leave into retirement savings, but the Federal
Thrift Retirement Board found that current law precludes this option for feds.
The Lynch-Chaffetz bill would remove that restriction. The legislation
has been referred to the House Oversight and Government Reform Committee. Lynch and Chaffetz lead the panel's Subcommittee
on the Federal Workforce, Postal Service and the District of Columbia.
Pushing For Possible Prison
PRINCESS ANNE, Md. - It's an economic boost that Somerset
County could use, but there are no guarantees it will happen.
Resident Roger Daugherty said, "It'll provide ongoing
jobs in the future. A lot of construction monies going on in the county, so I don't think it can be bad."
At a public hearing Wednesday night, there were mostly
praises and arguments for a possible prison in Princess Anne. The Federal Bureau of Prisons is deciding between this location
and another one in Winton, North Carolina.
The project would bring less than 1,400 low-security
inmates from Washington D.C., in addition to hundreds of jobs.
Michael Pelletier is the Senior Vice-President of Community
Education Centers, the proposed contractor for the project in Princess Anne, and he touts the economic benefits. He explained,
"During construction, for example, there's another 245 to 300 jobs, the majority of are all hired locally... In terms of goods
and services you're talking $50 million coming back to the surrounding communities."
And these are numbers this community says they can't
ignore. Many came to the public hearing with comments in favor of their area. One resident said, "In terms of us being a capable
workforce, you need only to look to ECI to see the successful effort Somerset County has had."
State delegate Jim Mathias said, "What we will bring
to this is the ability to get this job done."
In response to safety concerns, officials say the inmates
would not be released into the community. They would be first transferred to another federal facility and released there.
Those opposed to the proposal say they were concerned
the facility would become a FEMA camp, or internment camp.
The Bureau will conclude a public comment period on
March 8. Then they will publish a final environmental impact statement that will be available to the public for 30 days. Then
it will be left to the discretion of the Bureau of Federal Prisons to discern when they will select a location. No decision
will be made until mid-May at the earliest.
Federal prison warden indicted on 6 charges
RIVERSIDE, Calif.—The warden of a federal prison in San Bernardino County is accused of disclosing
confidential information about ongoing criminal investigations and lying to investigators.
U.S. attorney's office spokesman Thom Mrozek says Scott Holencik was charged Wednesday in a six-count
indictment in federal court in Riverside.
Holencik is warden of a Federal Bureau of Prisons facility in Adelanto.
He is charged with making false statements to investigators last year in connection with a probe into Internet postings
that disclosed confidential information about criminal investigations at the prison.
Prosecutors say Holencik faces a maximum 14 years in federal prison if convicted of all charges.
He's scheduled to be arraigned on April 21.
UPDATE:
GEO Prison Decision
It is a disappointing
decision for supporters of a northern Michigan prison.
The GEO Group prison will stay closed after investing millions
of dollars into renovations, aimed at attracting Federal prisoners.
The Federal Bureau of Prisons says they had to
cancel the contract with the GEO prison in Lake County. The prison closed in 2005, leaving hundreds of people without jobs.
The
Lake County Chamber of Commerce says it's disappointing news, but they will stand behind GEO and hopes the future holds another
positive option.
Northern Michigan's News Leader is working to bring you continuing coverage of the decision and it's
impact.
Shuttered Baldwin Prison Will Not Reopen
A private prison facility shuttered in Baldwin in 2005 will not
be reopening to house illegal immigrants. That dashes hopes of an influx of hundreds of jobs to the community, where one-in-five
workers are unemployed.
The Florida-based company that owns the prison has been expanding
its facility, in hopes of getting a contract with the federal Bureau of Prisons. But the bureau announced this week it has
no money to open another facility, even though it does need more beds.
Lake County Chamber of Commerce President Sandy Crandall says,
with all the building activity at the prison site, the community had been optimistic.
"It's a lot of money to invest and I'm sure they are considering
a Plan B at some point," she says. "And we'll just have to be patient as to what that is, and support them in that endeavor."
The facility was built by a company now known as The GEO Group
during the Engler years to house Michigan's serious young offenders. It was placed in Baldwin to boost the economy of a region
that has some of the highest poverty and unemployment rates in Michigan. It was closed in budget cuts under Governor Granholm
in 2005. And when prison workers left, Crandall says there was a ripple effect.
"That means no gas, no groceries, no shopping at the local stores,"
she says." People who've had a job in the area, that would transfer in, would maybe sometimes want to spill over into our
recreation, that kind of halted. That's the effect I felt."
In a written statement the owner, The GEO Group, says it will continue
to market the detention center throughout the country.
White House reconsiders holding terror trials in civilian court
Suspected Sept. 11 plotters may be tried before military tribunals after all, administration
officials say. Holding the trials in civilian court is deemed 'politically untenable.'
Reporting from Washington — The White House is considering an end to its effort to prosecute the suspected Sept.
11 plotters in a civilian court and may send them instead before military tribunals, in an apparent retreat from President
Obama's pledge to overhaul the Bush administration's detention policies.
Last year, the Obama administration announced it would try Khalid Shaikh Mohammed and others in federal court in New York.
That step came after Obama overhauled interrogation policies and ordered the shutdown of the U.S. military prison at Guantanamo
Bay, Cuba.
But safety concerns about the trial have grown, and support for holding the trial in New York has eroded.
"It is politically untenable," said one official, speaking on condition of anonymity because a decision had not been made.
"No place wants to hold a trial."
A return to military commissions, as the tribunals are known, would be a major concession to Republicans. And administration
officials appear to be using the potential shift as a down payment on a political deal to speed the closure of the Guantanamo
prison by allowing the federal government to purchase an Illinois prison to transfer detainees.
A formal recommendation has not yet been made to Obama, and an administration official said a decision remains weeks away.
Still, the idea, first reported in the Washington Post, represents a trial balloon to test how the administration's reversal
would be received by liberals and conservatives.
Though several Republicans endorsed the plan to try the Sept. 11 suspects in military commissions, few seemed convinced
Friday that Guantanamo should close.
Liberal groups reacted angrily, seeing the potential about-face as a betrayal of the president's campaign promise and an
unwelcome endorsement of Bush administration practices. They said the Obama administration would be closing Guantanamo only
to re-create the same problematic situation on U.S. soil.
"The world wasn't clamoring to close Guantanamo because it was built on some sacred Indian burial ground," said Tom Malinowski
of Human Rights Watch. "It was clamoring to close Gitmo because it stood for the militarization of justice in America and
indefinite detention without charge. Keeping all of that preserves the essence of what people were objecting to at Gitmo."
Sen. Lindsey Graham (R-S.C.) has been negotiating with the White House, including with Chief of Staff Rahm Emanuel, on
a way to close Guantanamo but ensure that the government had the legal authority to hold detainees without trial. As part
of his compromise, Graham had proposed moving several of the civilian trials to military commissions.
Graham said the potential shift by the White House was a "good start." "It would give us a chance to close Guantanamo Bay
safely," Graham said on Fox News.
Charles Stimson, a former Pentagon detention official, said conservatives should embrace Graham's proposal.
"You are going to see national security hawks like me get out in front and support the administration and try to convince
skeptics, members of the conservative caucus, that they need to get behind this," Stimson said.
But not all Republicans may be amenable to a deal. Senate Minority Leader Mitch McConnell (R-Ky.) praised the prospect
of a military tribunal trial for Mohammed, but continued to assert that Guantanamo should remain open, despite the controversy
it has generated around the world.
He argued that closing Guantanamo and opening a long-term detention facility within the United States would not neutralize
international objections to the U.S. treatment of terrorism suspects.
At least on that point, human rights groups who opposed Bush administration detention policies agreed with Obama's critics.
"Closing Guantanamo and moving the military commissions to the United States doesn't really close the concept of Guantanamo,"
said William Nash, a retired Army major general. "This bastardized version of justice known as military commissions . . .
is leaving the job undone."
Nash was among military officers who appeared with Obama on his second day in office last year as the new president signed
an executive order to close Guantanamo.
"It is times like this, when things are difficult, that we need the president to stand up and do the right thing, and the
smart thing, the thing that will protect our troops," said John Hudson, a retired vice admiral and former Navy judge advocate
general.
Malinowski of Human Rights Watch said abandoning trials in civilian court will not prevent the political headaches of trying
to close Guantanamo, but will sap the benefits of shuttering the prison.
It would also make the administration look weak in Washington, Malinowski said. "The political cost is catastrophic," he
said. "It will invite endless bullying on national security. It is not the way to look strong."
But some Democrats hoped the call to move Mohammed to military court would soften opposition to closing Guantanamo and
moving detainees to the prison in Illinois. Before such a transfer could take place, Congress would have to give its stamp
of approval.
Under the plan, the Bureau of Prisons would purchase the near-empty state prison in Thomson, Ill., to house both federal
inmates as well as some of the detainees displaced by the closure of Guantanamo.
It would take time to upgrade the Thomson prison before any military commission trial could be held there. The prison needs
security upgrades and construction of a trial facility, changes that would take until next spring, by some estimates.
Proposal for Lake City prison put on hold
A proposal to build a federal prison in Lake City has been
put on hold.
According to the U.S. Bureau of Prisons, the plan involved
constructing a 2,500 bed facility east of the Lake City Municipal Airport off U.S. 90. The primary purpose of the prison would
have been holding inmates from other countries until they could be deported. Federal officials had proposed having the prison
developed and operated by a private company under a federal contract.
The bureau held two public hearings on the proposal a year
ago and had begun the initial bidding process. However, companies that were expected to submit bids were notified a week ago
that the $65 million construction project was no longer in the bureau's budget for this year. The prison was expected to create
250 full-time jobs with a $10 million annual payroll.
The companies were also notified that they could rebid on
the project if funding becomes available for it.
Budget Request for Thomson Prison Doesn’t Mention Terrorists
The Justice Department’s fiscal 2011 budget request asks for funding to buy the Thomson Correctional Center in Illinois,
but the proposal sent to Congress leaves out one key piece: it does not mention that the facility would be used to house accused
terrorists currently held at Guantanamo Bay.
Instead, the Bureau of Prisons’ request seeks $170 million to buy and renovate the Thomson, Ill., prison because of inmate crowding conditions at high security facilities.
“Inmate crowding, especially at high security levels, is at maximum manageable proportions and additional bed space
is crucial to provide some relief for staff and inmates,” the request states. “Inmate crowding that is not addressed
will continue to endanger staff, inmates, and the community.”
According to a DOJ spokeswoman, the department’s fiscal 2011 budget also requests an additional $67 million to upgrade the facility to a high security federal penitentiary. In all, the DOJ is seeking $237 million for use on the facility.
The Bureau of Prison’s budget proposal says that high security facilities are operating at 51 percent over capacity
and that the trend is “projected to worsen in future years, as the population continues to outpace capacity.”
As of May 2009, according to the request, 18,630 high security inmates — or 93 percent of all high security population
in federal facilities — were double bunked. Under the BOP standards, no more than 25 percent of high security inmates
should be double bunked. The Thomson facility would provide an additional 1,600 high security cells.
The request does mention that prisons have taken on significantly greater risks because of several high-profile terrorists
already housed in the federal prison system including former al Qaeda operative Zacarias Moussaoui, Oklahoma
City bomber Terry Nichols and “shoe bomber” Richard Reid, among others.
The final sale of the prison still has several hurdles to overcome. In Illinois, the state legislature voted last month to require the governor to obtain approval from the legislature before selling state properties worth more than
$1 million — a new requirement that would apply to the state-owned Thomson facility.
For their part, federal officials have tried to focus on the benefits the purchase would bring to the local community.
Harley Lappin, director of the Federal Bureau of Prisons told The Christian Monitor that of the 850 to 900 staff positions at the prison, 60 percent would be local. Lappin estimated that 1,200 to 1,700 private-sector
jobs will be created as a result of prison activity – all indirect ways the prison will create jobs and reduce unemployment.
Setback for grieving family: Mother of slain correctional officer struggling with legal battle
The U.S. Department of Justice has denied a Merced family's $100
million administrative claim against the Federal Bureau of Prisons and several of its employees over the 2008 death of correctional
officer Jose Rivera, at the hands of two inmates.
An administrative claim is a precursor to a lawsuit. The claim gives the government a chance to address a
complaint and make reparations.
The claim was denied because of missing documentation, according to a letter from Harlan W. Penn, regional
counsel for the Department of Justice. The letter claims Mark Peacock, a Newport Beach-based attorney for Terry Rivera on
behalf of her son, didn't submit documentation verifying his authority to represent the Rivera family or verifying Terry Rivera's
authority to represent her son's estate.
Peacock was unavailable for comment Wednesday but he said earlier this week his firm is finishing work on
a federal lawsuit he intends to file soon on behalf of the Riveras.
Terry Rivera said she had not known the reason for the denial.
"He's a very good lawyer, I'm just thinking that they are just giving us the runaround," Rivera said.
Tears still creep up on Rivera as she talks about her son.
"It's not about the money. It's just about justice and for them to see the tragedy that has happened to this
family. We don't want it to happen to anyone else," she said.
Jose Rivera, 22, had worked at U.S. Penitentiary Atwater for 10 months when he was attacked and stabbed to
death about a half-hour before the end of his shift while locking down inmates into their cells.
In the many months since the attack several disturbing details about the case have been unearthed, including
that Jose Rivera and other correctional officers at the time did not have access to stab-resistant vests and could not carry
nonlethal weapons such as pepper spray or batons.
Jose Rivera was alone, as was policy, with around 100 inmates. His attackers, James Leon Guerrero and Joseph
Cabrera Sablan, were drunk at the time of the stabbing, according to investigators.
Both of his attackers had previous records of assaulting correctional officers. The men knew each other and
when Guerrero was transferred to USP Atwater the day before the attack, one penitentiary official warned the two should not
be in the same unit together. According to an FBI investigation, that official was told by a co-worker to put Guerrero with
Sablan instead of a higher-security unit.
When Jose Rivera triggered his body alarm during the attack, several of the first responders did not have
keys to get into the unit. The attackers continued to stab him -- a total of 28 times -- as staff could not reach him.
Rep. Dennis Cardoza testified before a House subcommittee in 2009 that USP Atwater's warden at the time, Dennis
Smith, ignored Cardoza's attempts to communicate with him about concerns and conditions at the prison before Jose Rivera was
killed.
"My son would be here today if he would've had the right tools and if they had the staffing they need," Terry
Rivera said tearfully.
Federal prosecutors are seeking the death penalty against Guerrero and Sablan for the killing. A routine evidentiary
hearing in the criminal case is set for Monday at the U.S. District Court in Fresno.
Coming upon the second anniversary of her son's death, Terry Rivera has hundreds of T-shirts, lapel pins and
commemorative coins that honor her son and his service as a correctional officer.
She's selling the items to raise money to create a scholarship fund in honor of her son. She says she wants
to work with Le Grand school officials to create the scholarship that would be given out yearly to a high-performing senior
to use for college.
To inquire about purchasing a T-shirt, lapel pin or commemorative coin, residents can view the Facebook page
dedicated to Correctional Officer Jose Rivera and send a message to Terry Rivera.
The page is a very public chronicle of a mother's pain. Only a few days go without a message from Terry to
her son.
Beating the Backlog Blues
By Alyssa Rosenberg
This week, the Federal Labor Relations Authority announced it had worked its way
through a stack of 340 unfair labor practices cases. Getting rid of that backlog, which built up during a period when the
George W. Bush administration lacked a general counsel and enough members for a quorum, was a victory for the small agency
in the quest to keep its workload manageable. But that wasn't the only benefit. Employees and their representatives agree
that backlogs take the bite out of unfair labor practice and discrimination charges, and make employees more vulnerable to
retaliation.
Now that unfair labor practice filings can be addressed more promptly, they "actually
mean something again," said Matt Biggs, legislative director for the International Federation of Professional and Technical
Engineers.
He said the knowledge FLRA will address new cases quickly could make agencies more
willing to work with employees and their union representatives instead of violating labor rules. Such an incentive could lower
the number of unfair labor practice cases filed overall, he said.
In "the recent past...management was well aware that cases before the FLRA simply
languished in no man's land, or when unions knew that there was little chance of prevailing despite how strong of a case we
had," he said. "There are teeth to this FLRA."
Employee advocates said they hoped other agencies that handle workplace complaints
will be able to follow in FLRA's footsteps.
Backlogs at the Equal Employment Opportunity Commission hurt employees governmentwide
who file discrimination complaints, said Gabrielle Martin, president of the American Federation of Government Employees Council
of EEOC Locals. In fiscal 2008, the most recent year for which numbers are available, EEOC faced a pile of 73,951 federal
and private sector cases, and it took an average of eight months to process a complaint.
Employees often suffer additional discrimination, harassment and hostile workplace
practices while they wait for EEOC to review their cases, according to Martin. "The longer cases sit, we tend to see an increase
in retaliation charges," she said.
"This raises the question [of] whether people have lost faith in the system and go
to federal court rather than to EEOC," Martin added.
Janet Kopenhaver, Washington representative for the affinity group Federally Employed
Women, said even if retaliation does not occur, the prospect of a long wait could discourage workers from filing legitimate
grievances.
"Employees know that if and when they file a complaint, the work environment is obviously
completely changed and awkward for both the employees and their supervisors," she said. "An employee might decide not to file
anything knowing that two years in an uncomfortable workplace would be extremely stressful each day. Second, these cases are
quite costly -- both emotionally and financially. Considering that the case might never be resolved or will take years to
do so would definitely impact a decision to move forward."
In the movies, justice often is sweet no matter how long the protagonist has to wait
to avenge his family, win a dramatic court case, or escape from an island where he's been unfairly imprisoned. In real life,
and in the federal complaints process in particular, the late British Prime Minister William Gladstone's observation that
"justice delayed is justice denied" can be painfully true.
Federal Prisoner Convicted of Attempted Murder for Slashing Deputy
Marshal’s Throat Sentenced to 20-Year Maximum
HOUSTON—Jose Garcia Jr., 31, of Mercedes, Texas, has been sentenced
to the statutory maximum punishment of 20 years' imprisonment for the attempted murder of a deputy U.S. marshal (DUSM), United
States Attorney José Angel Moreno announced today. Garcia, a federal prisoner in custody, used a razor to slash at the throat
of DUSM at the federal courthouse in McAllen, Texas, on May 22, 2009. In June 2009, Garcia was indicted for attempted murder
of a federal agent in the Houston division.
Garcia pleaded guilty to the attack on a DUSM in December 2009. At a hearing
late this afternoon, United States District Judge Ewing Werlein sentenced Garcia to 20 years in federal prison to be followed
by a three-year term of supervised release. The 20-year sentence is to be served consecutive to his 50-year state prison sentence.
According to the factual basis in support of the guilty plea, Garcia was in
a holding cell in the federal courthouse awaiting a hearing before United States District Judge Randy Crane in McAllen for
the possible revocation of the term of supervised release imposed as part of a 2000 federal robbery conviction prompted by
Garcia’s recent state conviction for murder and 50-year sentence. While being lead into Judge Crane’s courtroom
from a holding cell through a door being held by a DUSM, Garcia walked through the door into the courtroom and lunged at the
DUSM slashing his throat with a razor blade. As the DUSM and other deputy marshals attempted to subdue Garcia, Garcia continued
to slash at the DUSM’s throat several more times. Eventually, Garcia was subdued. Bleeding profusely from the injury
to his neck, the DUSM was transported to the hospital and received nine stitches to close the wound.
FBI agents arrived at the scene and recovered the razor blade used by Garcia.
FBI agents then interviewed Garcia, who told them he felt a “vibe” when he saw the DUSM earlier in the day. Before
going in the courtroom, Garcia said he found a razor blade on the floor by the urinal in the holding cell located on the first
floor of the federal courthouse building. Garcia admitted he hid the razor blade in his upper lip then later moved it to his
hand where he had it when the cell door opened. As he walked closer to the DUSM, Garcia admitted he wanted to “get him
right there,” and was trying to kill the DUSM when he attacked him. Garcia told FBI agents he felt “relaxed”
after the attack.
Garcia, who has been in federal custody, will remain in custody to serve this
sentence.
The case was prosecuted by Assistant U.S. Attorney
Mark McIntyre. Assistant U.S. Attorney Glenn Cook represented the government at today’s hearing.
Report
shows jump in use of incentive payments
By Alex M. Parker
March
8, 2010
A new report shows that the amount federal agencies paid in relocation incentives
-- to compensate employees asked to move from one area to another -- nearly doubled from 2007 to 2008.
The Office of Personnel Management report shows than the rise in relocation bonuses, often to law enforcement officers and supervisors,
made up a sizable portion of the 37 percent overall increase in the amount paid out for what are known as "3Rs" incentives
for relocation, retention and recruitment.
Such increases have led OPM to ask
agencies to review their use of the incentives. The total number of bonuses handed
out increased by 7,027 between 2007 and 2008, to 39,511. The dollar amount spent on them went up by more than $77 million,
to nearly $285 million. Citing recent labor market conditions, OPM Director John Berry asked agencies to make sure incentives
were justified.
All three categories of incentives saw increases from 2007 to 2008. On a percentage
basis, relocation incentives went up the most - nearly 86 percent, or about $20 million. Retention bonuses remained the most
popular type of incentive, with a $28.9 million increase from 2007 to 2008.
According to the report, the Defense Department awarded the most incentives, handing
out more than 19,000 bonuses totaling more than $135 million. The Veterans Affairs Department was second, with more than 9,000
incentives totaling almost $54 million. Other departments near the top of the list included Justice, Health and Human Services,
and Commerce.
According to the report, 34 percent of all retention incentives were paid to employees
in the health care field, including nurses, medical officers and pharmacists. For recruitment incentives, the most common
occupation was patent examiner, which represented 11 percent of all such incentives.
Relocation incentives went to a mix of criminal investigators, contract officers,
administrators and engineers.
Two of the agencies that manage federal benefits handed out some of the largest incentives.
According to the report, OPM itself handed out five incentives averaging $23,600, including one relocation incentive of $70,000.
The Federal Retirement Thrift Investment Board gave out two awards, totaling $54,500 -- including a $38,650 retention incentive
to its executive director. Both made the top five list for largest average incentive payments.
Is
There Skepticism About Merit System Principles?
'A growing skepticism'
Federal workers who want to advance might want to look at a report issued last week
by the Merit Systems Protection Board.
Through interviews and surveys, the MSPB came up with a list of 10 "career accelerators."
These are workplace situations that help employees move up the promotional ladder. The two top items relate directly to personal
contacts.
"A supportive supervisor to encourage my development and advancement" and "senior
person/mentor (other than my supervisor) looking out for my interests" each were identified as having a positive impact by
85 percent of those surveyed.
"Clearly, one should not underestimate the power of personal connections in the workplace,"
the report says. "Given their nearly absolute control over the developmental opportunities employees receive, supervisors
play crucial roles in determining the fate of their employees."
This, of course, allows for bias and favoritism. The report says fears about unfair
and inequitable treatment are on the rise, even as perceptions of ethnic and racial discrimination have declined.
"Suspicions regarding traditional/blatant forms of discrimination have been supplanted
by a growing skepticism about managers making their decisions in accord with the merit principles," the MSPB found in responses
to its Career Advancement Survey.
The flip side of having encouraging supervisors and mentors is the feeling that "who
you know," which carries a negative connotation, is what counts when it comes to promotions. Far more respondents, 72 percent,
picked that as a reason for advancement, than did those who cited competence (40 percent) or hard work (36 percent).
Disturbingly, "over 70 percent of employees believed that some supervisors practiced
favoritism," according to the report. And those views cross racial and ethnic lines. My mail indicates that's a prime factor
undermining confidence in federal pay-for-performance systems.
Showing what you can do is an important way to be promoted. Being appointed an acting
supervisor presents a "critical opportunity for employees who aspire to demonstrate that they can handle the responsibilities"
of being the boss, the report says.
"Opportunity" seems to be the operative word here.
"Unfortunately, our survey results indicate that members of minority groups report
that they have less opportunity to serve in an acting capacity than White employees," the MSPB found. "Further, these discrepancies
do not appear to be diminishing."
The MSPB urged agencies to measure how their policies and practices help or hinder
progress toward workplace fairness. The measurement should include a workplace analysis that covers, among other things, "possible
barriers to a fully representative workforce." They also should "emphasize to supervisors their influence over -- and responsibility
for -- the career development of the employees they supervise."
Among other recommendations, the MSPB advises employees to seek or create developmental
opportunities and to develop productive relationships with supervisors or other mentors.
A view inside federal lockup
The nation's largest federal prison facility opened its doors to media for the first
time ever.
COLEMAN - Encircling the perimeter of United States Penetentiary-1, one of two maximum-security prisons here, are coils
of barbed wire, the last buffer of security separating the concrete structure from the rest of the sprawling Federal Correctional
Complex of which it is part.
Here, an ordinary day for an inmate in general population
might go as follows: breakfast at 6 a.m., early morning work call by 7:40 a.m., vocational training or continued work duty,
leisure time in the recreation yard, and two more meals, before it's back to a bland 84-square-foot cell by the time lights
go out at 10 p.m.
With an average confinement period of 10 years, inmates
at Coleman Federal Correctional Complex, the nation's largest federal prison facility, must adapt to a certain way of living
- work, education, recreation, thriftiness - that prison staff hopes will prepare them for the world to which they might eventually
return.
"Our prison is very reflective of the community," Bill Bechtold,
associate warden of U.S.P-2, said Wednesday during the first-ever media tour Coleman has conducted since opening in 1995.
Following a spate of recent bad publicity - staff smuggling
in contraband, the conviction of a correctional officer for violating an inmate's civil rights and contributing to his death
- Coleman employees hope to reinforce a positive message about the prison.
"Those people involved in those activities," Bechtold said,
"are not representative of the many great people here."
With a staff of about 1,300, Coleman is one of the largest,
if not largest, employers in Sumter County.
It's actively seeking to hire additional correctional officers,
especially medical personnel, to help supervise the 7,120 inmates it currently houses across four different facilities: a
low-security institution; a medium-security institution with adjacent satellite female work camp; and the two high-security
penitentiaries, known as U.S.P-1 and U.S.P-2.
With the exception of the female work camp, all inmates
are male, and the vast majority of their offenses are drug-related.
During the guided tour of U.S.P-1, led by a handful of associate
wardens and other staff, a scrubbed and smoothly functioning operation was on display: polished floors, immaculate hallways,
a GED class in session, colorful artwork on easels in a recreation room.
Even the general population inmates released into an enclosed
outdoor recreation yard, many sporting headphones, seemed to blend as naturally into the undisturbed calm as the beige on
their prison jumpsuits to the rural landscape.
Although both U.S.P-1 and U.S.P-2 have a segregated housing
unit reserved for the most violent, maximum-security offenders and for those who require protective custody, such areas were
not opened to the media Wednesday.
Subject to metal detection screening, media also were advised
not to participate in spontaneous interviews with inmates or correctional staff they happened to come across. No photography
was allowed.
At Coleman, each inmate is given a job assignment, in which
they can earn money to use at the prison commissary, for instance, to purchase things like snacks, aspirin, or personal hygiene
items, though these items are marked up 30 percent.
Depending on the pay grade, such jobs will net anywhere
between 12 cents to 40 cents an hour.
Coleman also offers an industries-oriented work program
- building office furniture, for instance - that nets higher salaries of 23 cents to $1.15 an hour.
Prison employees place a high emphasis on inmate productivity,
especially since it employs no outside contractors to perform maintenance work.
"We like to keep them busy because they stay out of trouble,"
said Steve Mora, associate warden at U.S.P-1.
Phil Geistfeld, who oversees educational services at Coleman,
added that the prison is "keeping these guys busy with something legitimate."
He noted that 42 percent of inmates are enrolled in at least
one educational or recreational program, such as an art or musical activity, and that 228 inmates obtained their GEDs in 2009,
while 447 completed some sort of vocational training.
This is a complex that serves 2,900 meals a day, and where
5,000 pieces of incoming mail are pre-screened daily. If anything is slight, it's the average daily number of visitors that
inmates receive, with Father's Day and Christmas being the busiest.
There are no plans to build an additional institution on
the 1,600-acre complex, although the inmate count has already reached official capacity, according to Bechtold. Still, he
said none of the facilities are so full as to be "packed to the gills."
If there is any one challenge over the next year that officials
say they hope to overcome, it's increasing staffing levels to sustain a high inmate population.
"They (the federal Bureau of Prisons) are locking up more
and more inmates but they're not hiring staff to equal it," said Jose Rojas, the new president of the local chapter of the
American Council of Prison Locals. "Of course that makes for a volatile cocktail."
Rojas, whose also teaches inmates at the Coleman prison,
said additional precautionary measures have been instituted over the last year.
He, too, rebuffed the notion that the Sumter County complex
is any more rife with staff misconduct than anywhere else in the nation.
"That's prison. Every now and again, there's cracks," he
said. "You'll always get folks that slide through the cracks. Hopefully those who do, get caught."
As Coleman seeks to burnish its image as a facility intent
on better preparing its inmates for life on the outside, all the while embracing a newfound philosophy of greater transparency,
it knows how it wants to do it.
As one of its staffers put it Wednesday, "Here at Coleman,
we take the attitude that we want to be good neighbors."
Mandatory Overtime = Sleep Deprivation
Remember that one little
question on your application process that stated, “Are you able to work mandatory overtime” and you marked yes
because you were excited to get into the system and started on your chosen career? Looking back do you ever wish you would
have marked NO? In no other profession is there such a high turnover rate requiring so much forced or mandatory overtime on
its personnel. It was not uncommon for the entire third shift officers to be mandated to stay for the entire first shift 5
days a week making for an 80 hour work week. 40 plus hours of overtime a pay period was the normal not the unusual and after
a while you began to hate telephone calls after 4:00 in the morning. I always wondered what the effects of the daily stress
and forced overtime did to a body.
From shift to shift the correctional officer is tasked with policing this violent institutional subculture.
Being subjected to this violent subculture on a daily basis is a stressor in the career and life of a correctional officer.
These stressors can cause the correctional officer to experience more health issues, have a shorter life span and on
average die at an earlier age than the average worker. Stress is not only harmful to the stressed officer or correctional
worker but is also difficult to the profession and to the lives of others working in the institution. Burned-out officers
frequently loose interest in their jobs, become passive instead of active in carrying out post and institutional orders, and
let things inmates do, go without consequence. Thus harmful incidents may occur that could have been avoided if handled properly
from the beginning.
Stress is not always a direct association of the inmate population. Other byproducts of the profession
can cause stress and impair functioning of the correctional officer. Shift Lag is one of these byproducts. Shift Lag is when
the stress and physiological fatigue of shift
work causes one to become irritable, experience impaired performance, and a feeling of being hypnotic both on the job
and in personal affairs
In a study published recently in the British journal Occupational and Environmental Medicine,
researchers in Australia and New Zealand report that sleep deprivation can have some of the same hazardous effects as being
drunk. Getting less than 6 hours a night can affect coordination, reaction time and judgment, posing “a very serious
risk.” Drivers are especially vulnerable, the researchers warned. They found that people who drive after being awake
for 17 to 19 hours performed worse than those with a blood alcohol level of .05 percent. That’s the legal limit for
drunk driving in most western European countries, though most U.S. states set their blood alcohol limits at .1 percent and
a few at .08 percent.
For correctional, in particular, current research has indicated a relationship between extended
shifts and generalized poor performance. Overtime often comes at the expense of sleep. A 1992 study, conducted by the American Journal of Public Health, found that nurses in Massachusetts who worked
variable schedules (including mandated overtime shifts) were twice as likely to report an accident or error and two-and-one-half
times as likely to notify supervisors of near miss accidents. With regard to healthcare professionals, sleep deprivation has
been implicated in deadly medication administration errors and decision-making processes during critical patient assessments.
Studies have shown that night shift workers have the highest incidence of
fatigue due to sleep deprivation.
Many correctional professionals will attest that sleep deprivation from shift work
may lead to occurrences that jeopardize not only themselves, but also other officers and inmates. Fatigue from long shifts
can reduce attention to detail, affecting critical thinking and performance. Although sleep is not cumulative, sleep deprivation
is. The more hours a person works, the longer it takes to complete a task. More mistakes are made, and alertness is markedly
decreased. In addition to reduced efficiency, sleep deprivation slows down recovery processes and impairs host defenses, increasing
susceptibility to infection. It influences the potential for developing other disorders as well. In particular, losing sleep
heightens the risk for type II diabetes, moodiness, and obesity. All these ailments will in turn lead to more call offs and
more need for mandatory overtime.
Shift working correctional officers affected by sleep deprivation experience
a greater incidence of diarrhea, constipation, ulcers, and heartburn. As if this were not enough, their risk of cardiovascular
disease is increased by to 50 percent. Women shift workers are more vulnerable to reproductive problems, from disrupted menstruation
and difficulty conceiving, to miscarriages and premature births. For example,
55% on midnights showed “elevated waist circumference,” more
than double the percentage found in the other 2 shifts. Half had sub-desirable levels of “good” cholesterol, compared
to 30% on days and 44% on afternoons, and 25% had high blood pressure, compared
to 15% on days and 9% on afternoons.
Getting six or fewer hours of sleep each night is just like being drunk. Consider
that most the legal blood alcohol content is .08. When you’ve been
up for 18 hours, studies show that you function as if your blood alcohol content
were .07. After 24 hours without sleep, you’re at 0.1 the same as a drunk driver. Now picture yourself after a 16 hour
mandated overtime from third shift to first. At that point, you’re fighting sleepiness, you’re more irritable,
and you have increased risk of accidents both at work and while driving. That is when you see people drinking a lot of caffeinated
beverages, popping out of their chairs at work more, using physical activity to keep themselves awake.
So administrators
you now have to calculate more than the financial cost of forced or mandatory overtime at your facilities. What would a legal
suit bring against your agency for an auto accident following an officers 16 hour shift of mandatory overtime? What about
the obvious policy violations overlooked by sleepy officers on the pod? Inmates love staff shortages because they then know
that there will be a new officer working their unit, who does not necessarily care what happens as long as the shift
goes off without a major incident. Staff shortages and mandatory overtime may be the number one complaint in corrections.
It is like a revolving door happening, the more overtime within an agency the more call offs it creates, the more staff resignations
and unplanned illnesses you have.
Healing Touch
Despite the often exemplary care given at most Veterans Affairs Department medical facilities, sometimes the best care
for a wounded warrior comes from a loved one. A provision tucked away in the fiscal 2010 Defense Authorization Act will make
it easier for federal employees and other workers to take time off to care for family members injured while on active duty.
The measure -- summarized in a Dec. 29, 2009, memorandum from Office of Personnel Management Director John Berry to agency
heads -- allows federal employees to take up to 26 weeks of unpaid leave annually through the 1993 Family and Medical Leave
Act to care for an injured veteran. To qualify, a veteran must be undergoing medical treatment or therapy for the injury,
and he or she must have served in the military within five years of the treatment.
The new law builds on a provision passed in the fiscal 2009 Defense Authorization Act, which granted leave to help care
for injured active-duty soldiers, by allowing time off to care for veterans as well.
"That's pretty significant," said Carl Bosland, a Colorado attorney who specializes in family and medical leave issues.
"There are a lot of vets out there."
The 2010 law also broadens the types of injuries that qualify for the leave to include existing injuries aggravated by
active-duty service.
In addition, the policy measure allows family members to take time off when active-duty troops are deployed to Iraq or
Afghanistan. This leave can used to spend more time with the soon-to-be deployed soldier and settle financial or family issues.
Previously, this benefit was available only to families of reservists called to certain types of duty.
Leave taken under FMLA -- whether for military care, medical issues, or the birth of a child -- is unpaid. But employees
who have saved up other types of paid leave can apply that to make up some of the lost wages.
OPM announces reorganization
The Office of Personnel Management announced on Tuesday a significant restructuring
of its divisions, changes that observers say could place a greater emphasis on senior executives, veterans and diversity hiring,
as well as OPM's oversight and compliance responsibilities.
The reorganization creates five
core divisions at OPM: employee services, retirement and benefits, merit system audit
and compliance, federal investigative services, and human resources solutions. Currently, OPM's organizational chart lists
13 offices, a setup Director John Berry called confusing and counterintuitive during a June 2009 meeting with agency employees.
"When the president nominated me for this job, I said, 'Let me see the [organizational]
chart,' and I sat down with it," Berry said at the meeting in which he promised a restructuring. "Ten minutes, 20 minutes,
30 minutes [later], I still couldn't tell you [what the agency was focusing on]."
Some of the biggest changes will be the new employee services division, to be led by Nancy
Kichak, who currently heads OPM's strategic human resources policy division. Kichak will oversee the work of the agency's
deputy chief human capital officer, and offices specifically dedicated to recruitment and diversity issues; pay and leave
policy; executive resources and employee development; partnership and labor relations, and support for agencies and the veterans
they hire.
"I think what John Berry is telegraphing here, and I don't disagree, is there is a benefit
for these public policy programs to have a champion, someone whose job it is to be concerned about veterans affairs, someone
whose job it will be to oversee everything related to the Senior Executive Service, and equal opportunity employment, and
labor relations," said John Palguta, vice president for policy at the nonprofit Partnership for Public Service.
OPM announced in August that it would create an office dedicated to the SES, replacing the one disbanded in a 2003 reorganization.
And the creation of veterans- and diversity-specific offices reflects the emphasis Berry has placed on federal hiring of veterans and increased diversity in federal
employment.
Carol Bonosaro, president of the Senior Executives Association, praised the reorganization
but cautioned that implementing the details would be important.
"I'm pleased that the director has re-established a focal point for the federal career
executive corps, though we would have preferred to see a stand-alone office," she said. "The policy issues and unmet needs,
which can and should be addressed, are substantial, so it remains to be seen whether the Executive Resources Office receives
the resources it will need to make a real difference."
Palguta said the creation of the merit system audit and compliance division as a discrete
entity would sharpen OPM's oversight efforts. The new division will be led by Jeff Sumberg, who is currently the deputy associate
director responsible for the Center for Merit System Accountability. The previous division, called human capital leadership
and merit system accountability, was "kind of a strange mix," Palguta said.
Berry credited OPM employees, particularly Michelle Tolson, president of the American
Federation of Government Employees local that represents OPM workers, for making the reorganization possible.
"Now, all of OPM's customers -- both internal and external -- will know exactly where
to go for answers," Berry said in a statement.
Federal agencies must post public data online
The White House released a series of wide-ranging mandates Tuesday designed to make agencies more transparent and cooperative
in the public's requests for information about the inner workings of government.
Among other things, federal agencies have until the end of January to post three "high-value" data sets on Data.gov, the online home of such government information.
The Open Government Plan delivers a victory to open-government groups that have long sought to transform how the government
presents and shares information with the public.
The plan says that agencies must publish information online in a timely manner and present their data in a Web-friendly
format that is available to download. Agencies with significant backlogs of Freedom
of Information Act requests will have to reduce that number of requests by 10 percent each year.
Peter Orszag,
director of the Office of Management and Budget, said he expects that federal agencies and
departments will comply.
"Failure to follow through on this will generate displeasure from the White
House and the president," he said in an interview. "I don't think we've had a problem with Cabinet secretaries embracing clear directives from the president."
Orszag's team spent months meeting with government officials and good-government groups after President Obama ordered on his first full day
in office a review of the government's transparency and openness efforts.
"The results appear to be well worth the wait," said Gary D. Bass, executive
director of OMB Watch, one of several groups that pushed for transparency reforms.
"The key will be how the public, the White House and federal agencies
work together in implementing the directive," Bass said.
Ellen Miller, executive director and co-founder of the Sunlight Foundation
in Washington, said that the new orders demonstrate "the seriousness of
the administration's commitment to data transparency and citizen engagement. It is evidence that the administration recognizes
that transparency is government's responsibility."
Orszag said that the Internet has made government transparency efforts much easier. Although an agency could require that
people visit their offices to review public records, he said, that would be "much less transparent than posting something
on a Web site."
"Ease of access is part of transparency," Orszag said.
Obama Tells Prison to Take Detainees
WASHINGTON — In ordering the federal government to acquire an Illinois prison to house
terrorism suspects who are currently held at Guantánamo Bay,
Cuba, President Obama on Tuesday took a major step toward
shutting down the military detention facility that its detractors say had become a potent recruitment tool for Al Qaeda.
But even before White House officials had released a letter informing Gov. Patrick
J. Quinn of Illinois of the plans to send a “limited number” of Guantánamo detainees
to the Thomson Correctional Center, an empty super-maximum-security prison in northwestern Illinois, Republicans were gearing
for what could be an emotional fight on Capitol Hill.
“The administration has failed to explain how transferring terrorists to Gitmo North will
make Americans safer than keeping terrorists off of our shores in the secure facility in Cuba,” Mitch McConnell of Kentucky, the Senate Republican leader, said in a statement. Representative
John A. Boehner of Ohio, the House Republican leader,
told reporters he would not vote to “spend one dime to move those prisoners to the U.S.”
Administration officials acknowledged that the move would require Congressional approval, since
Congress now bars Guantánamo detainees from being brought onto American soil unless they face prosecution, and some of the
detainees may be indefinitely confined without being tried. But one administration official said that Democrats, who control
both houses, were planning to lift that restriction if the administration came up with an acceptable plan for closing the
military prison at Guantánamo.
Mr. Obama declared shortly after his inauguration that he would close the facility — a
signature component of the Bush administration’s counterterrorism policy — within a year. But dealing with the
detainees at the prison has proved difficult, and he has acknowledged that he will most likely miss that deadline.
The officials, speaking on grounds of anonymity under White House rules, said that they had
not yet determined how many Guantánamo detainees would be sent to Thomson, nor have they set a timetable for moving them there.
But several administration officials put the probable number of transferred detainees at about 100.
There are currently about 210 detainees at Guantánamo, administration officials said. Since
Mr. Obama took office, about 30 inmates have been transferred to other countries, and administration officials have said they
hope that 100 more prisoners may also be sent overseas.
The officials said they plan to prosecute more than 40 of the remaining detainees in either
military or civilian courts. Five have already been designated to face military commissions and five will be tried in civilian courts, including Khalid Sheikh
Mohammed, the chief planner of the 2001 attacks, who will face trial in New York.
As many as several dozen prisoners would be held in indefinite detention in a category the Obama
administration refers to as “law of war” detainees — those deemed ineligible for prosecution but too dangerous
to release. Though the administration has not yet identified who would be included in that category, lawyers for many of the
detainees have filed habeas corpus petitions in federal
court challenging their detention.
Addressing critics’ concerns that those prisoners could be freed inside the United States,
administration officials said that if any of the habeas appeals succeeded, the detainees would be transferred out of the country
or brought to trial.
White House officials said moving terrorism suspects to Illinois would not put Americans at
risk. They walked through a list of upgrades that the Thomson prison will get — an additional security perimeter among
them — and added that the move would also bring an additional 3,000 jobs.
Most of the prison would house ordinary high-security inmates, but a part would be leased to
the Defense Department to hold the terrorism suspects. Administration officials said in a conference call with reporters that
the two parts of the facility would be managed separately.
In the letter to Governor Quinn, the administration promised that federal inmates at Thomson
would not interact with Guantánamo detainees.
“Not only will this help address the urgent overcrowding problem at our nation’s
Federal prisons, but it will also help achieve our goal of closing the detention center at Guantánamo in a timely, secure,
and lawful manner,” said the letter, signed by Secretary of State Hillary Rodham Clinton, Defense Secretary Robert M. Gates,
Director of National Intelligence Dennis Blair and Attorney General Eric H. Holder Jr.
It was not immediately clear how the government would pay for the prison and the required upgrades,
but White House officials have floated the idea of including financing for it in the 2010 military appropriations bill.
The decision to move the detainees to the United States generated criticism from both sides
of the political aisle. Senator John Cornyn, Republican
of Texas, called it “deeply troubling” in a statement. “This move will put our citizens in unnecessary danger,”
he said, “and that is unjustifiable and unacceptable.”
From the left, Amnesty International was equally critical. “The only thing that President Obama is doing with this announcement is changing the ZIP
code of Guantánamo,” said Tom Parker, Amnesty International USA policy director.
“The detainees who are currently scheduled to be relocated to Thomson have not been charged
with any crime,” Mr. Parker said. “In seven years, the U.S. government, including the C.I.A. and F.B.I.,
have not produced any evidence against these individuals that can be taken into a court of law.”
Earlier proposals to move detainees to Kansas, Michigan and South Carolina have been rejected
by local political leaders. The difficulty in finding a place to move them is a significant reason the Obama administration
has been unable to keep Mr. Obama’s pledge to close the Cuban prison by next month.
Earlier this year, lawmakers barred the Obama administration from releasing any Guantánamo prisoners
into the country. More recently, Congress kept in place the ban on releasing them in the United States, but authorized transfers
for prosecution to military or civilian courts, though it required a 45-day notice of all such moves.
President Obama gives feds half day off on Christmas
Eve
By Tom ShoopDecember 12, 2009
President Obama ordered late Friday that all federal agencies close for the last half of the
work day on Thursday, Dec. 24, to give employees a jump on the Christmas holiday.
In an executive
order, Obama also noted that the heads of departments and agencies may determine
that "certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees
must remain on duty for the full scheduled workday" on Christmas Eve.
Traditionally, presidents grant employees an extra day of vacation when Christmas falls on Tuesday
or Thursday. This year it is on a Friday.
Last year, when Christmas fell on a Thursday,
President Bush ordered executive branch agencies to close on the next day, Friday, Dec. 26, giving
most federal employees a four-day weekend over the Christmas holiday.
The last time Christmas fell on a Friday, in 1998, President Clintongave federal workers a half day off. At that time, a White House spokesman said the half day was something of a tradition in years when Christmas falls
on a Friday.
In 2002, when Christmas fell on a Wednesday, Bush gave federal workers a half day of vacation
on Tuesday.
TODAY: Senior Administration Officials to Hold Background Briefing
Call on Decision to Acquire Thomson Correctional Center;
Quinn, Durbin to be Briefed at the White House
WASHINGTON – Today, senior administration officials will
hold a background briefing call with reporters to discuss the administration’s
decision to acquire Thomson Correctional Center in Illinois to house federal
inmates and a limited number of detainees from Guantanamo Bay , Cuba .
Today, the Secretaries of State, Homeland Security, and Defense, the Director of National
Intelligence, and the Attorney General wrote to Illinois GovernorPat Quinn announcing the administration’s
decision. Today’s announcement marks an important step towards
closing Guantanamo, which will protect our national security and help American
troops by removing a deadly recruiting tool from the hands of al Qaeda.
This afternoon, Governor Pat Quinn and Senator Dick Durbin will be briefed at the White House about the decision by General
James Jones, National Security
Advisor; William Lynn, Deputy Secretary of Defense; and Harley Lappin,
the Director of the Federal Bureau of Prisons.
The meeting will be closed press but there will be a stakeout immediately
following the meeting.
Details about the background call and the stakeout are
below.
BACKGROUND BRIEFING CALL WITH REPORTERS
WHO: Senior Administration
Officials
WHAT: Background Briefing call on
the Administration’s Decision to Acquire Thomson Prison
WHEN: TODAY, 1:00 pm ET
Call in:
(800) 288-8976
Note: This
call is NOT embargoed.
STAKEOUT WITH GOVERNOR QUINN,
SENATOR DURBIN, ADMINISTRATION OFFICIALS FOLLOWING WHITE HOUSE MEETING ON
THOMSON
WHO: Illinois Governor
Pat Quinn
Senator Dick Durbin
General James Jones, National Security
Advisor
William Lynn, Deputy Secretary of Defense
Harley Lappin, Director of the Federal Bureau of Prisons
WHAT:
Stakeout following briefing on Thomson prison
WHEN: TODAY, 3:15 pm ET
WHERE: Stakeout location outside of West Wing
Note: Press needing access to the White House to cover the stakeout must send their
vital information and RSVP to media_affairs@who.eop.gov by 1:30 pm ET today.
Rural Ill. prison to house some Gitmo detainees
Decision is key step to closing Cuba facility; town hopes for jobs boon
WASHINGTON - Taking
an important step on the thorny path to closing the U.S. detention facility at Guantanamo Bay, Cuba, the White House plans to announce Tuesday that the government will acquire an underutilized state
prison in rural Illinois to be the new home for a limited number of terrorist suspects held at Guantanamo.
Administration officials
as well as Illinois Sen. Richard Durbin and Illinois Gov. Pat Quinn will make an official announcement at the White House.
Officials from both
the White House and Durbin's office confirmed that President Barack Obama had directed the government to acquire Thomson Correctional Center in Thomson, Ill., a sleepy town near the Mississippi River about 150 miles from Chicago. The officials
spoke on the condition of anonymity to avoid pre-empting Tuesday's announcement.
A Durbin aide said
the facility would house federal inmates and no more than 100 detainees from Guantanamo Bay.
The facility in Thomson
had emerged as a clear front-runner after Illinois officials, led by Durbin, enthusiastically embraced the idea of turning
a near-dormant prison over to federal officials.
The White House has
been coy about its selection process, but on Friday a draft memo leaked to a conservative Web site that seemed to indicate
officials were homing in on Thomson.
The Thomson Correctional
Center was one of several potential sites evaluated by the Federal Bureau of Prisons to potentially house detainees from the
Navy-run prison at Guantanamo Bay. Officials with other prisons, including Marion, Ill., Hardin, Mont., and Florence, Colo.,
have said they would welcome the jobs that would be created by the new inmates.
Closing Guantanamo
is a top priority for Obama, and he signed an executive order hours into his presidency directing that the process of closing
the prison begin. Obama has said he wants terrorism suspects transferred to American soil so they can be tried for their suspected
crimes.
The Thomson Correctional
Center was built by Illinois in 2001 as a state prison with the potential to house maximum security inmates. Local officials
hoped it would improve the local economy, providing jobs to a hard-hit community. State budget problems, however, have kept
the 1,600-cell prison from ever fully opening. At present, it houses about 200 minimum-security inmates.
Obama has faced some
resistance to the idea of housing terrorism suspects in the United States, but in Thomson many have welcomed the prospect
as a potential economic engine. Thomson Village President Jerry Hebeler, was asleep when the word came that Thomson had been
chosen.
"It's news to me,
but then I'm always the last to know anything," Hebeler said Monday night of the news affecting his town of 450 residents.
"It'll be good for the village and the surrounding area, especially with all the jobs that have been lost here."
But Hebeler said
he wouldn't rejoice until "the ink is on the paper" because previous plans for increased use of the nearly empty prison have
fallen through.
Some Illinois officials
have not supported the idea. GOP Rep. Mark Kirk, who is seeking Obama's old Senate seat, said he believes moving Guantanamo
detainees to Illinois will make the state a greater threat for terrorist attacks. Kirk has lobbied other officials to contact
the White House in opposition to using the facility.
To be sure, Thomson
will not solve all the administration's Guantanamo-related problems. There still will be dozens of detainees who are not relocated
to Thomson, other legal issues and potential resistance from Congress.
Thomson is a symbolic
step, however, a clear sign that the United States is working to find a new place to hold detainees from Guantanamo.
President Barack Obama owes a lot to the unions. It’s no secret that labor spent
massively on his behalf during the presidential election last year and directed a tsunami of voters to the polls. Union foot
soldiers helped make the difference for him in places like Ohio and other hard-hat-rich swing states. While the president
has already moved on several union-friendly initiatives, time is running out on what may be a one-time opportunity to pass
a cherished labor goal, the Employee Free Choice Act.
But the president faces a conundrum. To get EFCA passed, he must lean on some of the same politically imperiled
moderate Democratic Senators he’s pressuring now to approve a health care overhaul — and whose votes may be needed
for climate change legislation as well.
By soliciting their support for EFCA, he will expose himself and them to an all-hands-on-deck campaign —
teeming with negative ads — from the business community.
Little could be closer to the hearts of union leaders than the “card check” bill, which labor
leaders view as an act of simple justice that would also grow their membership by making it easier unionize workplaces. With
a Democratic president and Democrats in control of both the House and the Senate, union operatives want a vote ASAP, before
the political season heats up. The game is in the Senate, where EFCA backers are probably just a few votes short of the 60
they need to overcome a filibuster.
Top union officials say they believe Senate leaders are willing to move on card check early next year, after
Congress acts on the health bill and a jobs bill. They expect Obama to help make the fight.
“Obviously it’s a priority for us,” one veteran union operative said. “We’re
going to say to the White House, ‘Remember when you said you would do EFCA when health care is done? Well, now health
care is done.’”
Obama’s commitment to the legislation was spelled out in an appearance before the AFL-CIO in Philadelphia
on April 2, 2008, when he was still slugging it out with then-Sen. Hillary Rodham Clinton (N.Y.) for the Democratic presidential
nomination.
“If a majority of workers want a union, they should get a union, it’s that simple,” Obama
said. “Let’s stand up to the business lobby that’s been getting their friends in Washington to block card
check. I’ve fought to pass the Employee Free Choice Act in the Senate. And I will make it the law of the land when I’m
president of the United States of America.”
Labor officials have been in intensive discussions with Senate Democratic leaders about the issue. According
to one labor source, union presidents will huddle with Majority Leader Harry Reid (D-Nev.) on Wednesday, and card check, along
with the health care bill now on the Senate floor, will be on the agenda.
Democratic aides seem unsure of the timing for the bill, despite the expectations of labor sources.
There will be an “awful busy start to next year,” a senior Democratic leadership aide said. The
unions “have a long list of ideas that they want,” he said.
Reid’s office was not willing to publicly commit to a date. “The Employee Free Choice Act remains
a top priority for Senator Reid, but he has not scheduled any specific time to begin debating the bill,” a Reid spokesman
said.
Sen. Sherrod Brown (D-Ohio), a liberal who is close to the unions, said he thought a measure could get through
early in the year, asserting that Democrats need “only one or two votes” to get to 60.
One of those votes is Sen. Blanche Lincoln (D-Ark.), a moderate facing a tough battle for re-election. Obama
must have her support to pass health overhaul — a difficult vote for her — and he will be stretching her even
further politically by asking her to support card check.
Business lobbyists will focus on her and others they may be able to pick off, and they plan to play hardball.
“We will take no prisoners when it comes to lobbying the Senators we need to lobby, and they know who
they are,” said Randel Johnson, chief labor lobbyist for the U.S. Chamber of Commerce. “The business community
will go to the mat on the Employee Free Choice Act whenever it is scheduled,” he said.
Business officials believe they have a wider target than the “one or two” votes seen by Brown.
Included along with Lincoln on the list are Democratic Sens. Mary Landrieu (La.), Mark Pryor (Ark.) and Ben Nelson (Neb.).
White House officials declined to comment.
“The expectation is that the White House will support this,” one top union lobbyist said.
Statements by OPM and OMB
on President Obama's Signing of an Executive Order Creating Labor-Management Forums to Improve Delivery of Government Services
From U.S. Office of Personnel Management Director John Berry
"Today, President Obama launched a new era of relations between workers and managers inside the Federal government.
His Executive Order Creating Labor-Management Forums to Improve Delivery of Government Services signals a new day for
collaboration and cooperation within government. By directing all agencies to sit down with their elected labor representatives,
we are restarting a collaborative process begun under the Clinton administration that yielded concrete improvements in agency
performance.
"I look forward to serving as a co-chair of the strong new National Council on Federal Labor-Management
Relations created by the executive order. This Council will work with leaders from the labor and manager communities
and the Office of Management and Budget to ensure that agencies and managers fully involve their workers and the workers'
elected representatives throughout decision-making processes. Together, we will create work environments where everyone
is heard and the best ideas for making government work better are brought to the fore and put into action.
"Our workers are our greatest asset, and we must unleash their energy and creativity to overcome the great
challenges our nation faces. This executive order begins to accomplish that goal by creating new space for collaboration
and cooperation between Federal workers and managers."
From Jeffrey Zients, Federal Chief Performance Officer and Deputy Director for Management at the White
House Office of Management and Budget
"The President is committed to shaping the federal government to be more effective and efficient in providing
services to the American people. A key component of this effort is improving how labor and management work together.
The National Council on Federal Labor-Management Relations and the affiliated forums at federal agencies will provide venues
for all sides to work toward a stronger, more effective federal government.
"I look forward to co-chairing the Council with Director Berry and advancing the President's priorities."
For feds, more get 6-figure salaries
By Dennis Cauchon, USA TODAY
The number of federal workers earning six-figure
salaries has exploded during the recession, according to a USA TODAY analysis of federal salary data.
Federal employees making salaries of $100,000
or more jumped from 14% to 19% of civil servants during the recession's first 18 months — and that's before overtime
pay and bonuses are counted.
Federal workers are enjoying an extraordinary
boom time — in pay and hiring — during a recession that has cost 7.3 million jobs in the private sector.
The highest-paid federal employees are doing
best of all on salary increases. Defense Department civilian employees earning $150,000 or more increased from 1,868 in December
2007 to 10,100 in June 2009, the most recent figure available.
When the recession started, the Transportation
Department had only one person earning a salary of $170,000 or more. Eighteen months later, 1,690 employees had salaries above
$170,000.
The trend to six-figure salaries is occurring
throughout the federal government, in agencies big and small, high-tech and low-tech. The primary cause: substantial pay raises
and new salary rules.
"There's no way to justify this to the American
people. It's ridiculous," says Rep. Jason Chaffetz, R-Utah, a first-term lawmaker who is on the House's federal workforce
subcommittee.
Jessica Klement, government affairs director
for the Federal Managers Association, says the federal workforce is highly paid because the government employs skilled people
such as scientists, physicians and lawyers. She says federal employees make 26% less than private workers for comparable jobs.
USA TODAY analyzed the Office of Personnel Management's database that tracks salaries of more
than 2 million federal workers. Excluded from OPM's data: the White House, Congress, the Postal Service, intelligence agencies
and uniformed military personnel.
The growth in six-figure salaries has pushed
the average federal worker's pay to $71,206, compared with $40,331 in the private sector.
Key reasons for the boom in six-figure salaries:
• Pay hikes. Then-president
Bush recommended — and Congress approved — across-the-board raises of 3% in January 2008 and 3.9% in January 2009.
President Obama has recommended 2% pay raises in January 2010, the smallest since 1975. Most federal workers also get longevity
pay hikes — called steps — that average 1.5% per year.
•New pay system. Congress created
a new National Security Pay Scale for the Defense Department to reward merit, in addition to the across-the-board increases.
The merit raises, which started in January 2008, were larger than expected and rewarded high-ranking employees. In October,
Congress voted to end the new pay scale by 2012.
• Paycaps eased.
Many top civil servants are prohibited from making more than an agency's leader. But if Congress lifts the boss' salary, others
get raises, too. When theFederal Aviation Administration chief's salary rose, nearly 1,700 employees' had their salaries lifted above $170,000, too.
U.S. Attorney General Goes to N.Y. for Meetings on 9/11 Trials
Amid significant concern about security arrangements for the trial of Khalid Shaikh Mohammed, Attorney GeneralEric
H. Holder Jr. made an unannounced visit on Wednesday to federal prosecutors and law enforcement
officials in New York.
Mr. Holder went to the Metropolitan Correctional Center, the United States attorney’s office
and the adjacent federal court in Lower Manhattan, where Mr. Mohammed, who is accused of being the mastermind behind the Sept.
11 attacks, and four other 9/11 detainees will be tried, just blocks from where the World Trade Center once stood.
He met with security officials, including Raymond W. Kelly,
the city’s police commissioner, and Joseph M. Demarest Jr., the assistant director in charge of the F.B.I.’s New York office, “to discuss coordination, cooperation and security for the potential upcoming
trials of the 9/11 terrorists,” said Special Agent Richard Kolko, an F.B.I. spokesman in New York.
Mr. Holder’s visit, and the range of people he huddled with, reflected the government’s
seriousness in approaching the as-yet-unscheduled trials and their potential to wreak havoc on a city battered by terrorism
plots, successful and not.
Once the Justice Department announced on Nov. 13 that it was bringing its case to Manhattan, the Police
Department began formulating plans for “security around the venue itself, and protection of the city,” including
its bridges, transit system and landmarks, said Paul J. Browne, the Police Department’s chief spokesman.
William T. Morris, a deputy chief in the department’s Criminal Justice Bureau, is collecting
information for Mr. Kelly from sectors like the Intelligence Division and the Counterterrorism Bureau, which oversees the
more than 100 detectives assigned to work with the F.B.I. on the Joint Terrorism Task Force.
There will be the usual physical security elements, including roadway checkpoints, patrol officers
in the streets and snipers on rooftops. There will be unseen elements, too: plainclothes officers mingling with crowds. Protection
for the prosecutors, witnesses and the judge will also be factored in, officials said.
While the entire operation will be similar to the deployment for a New Year’s
Eve celebration, the difference this time is it will have to be sustained over months or more,
officials said.
Mr. Kelly has told the Justice Department that the costs for security operations, including paying
officers’ overtime, are expected to exceed the initial minimum estimate of $75 million.
When Senator Charles S. Schumer asked Mr. Holder in a Nov. 18 hearing in Washington if he would recommend
that the president include money in the federal budget for the city’s
extra security costs, the attorney general said, “New York should not bear the burden alone.”
On Wednesday, Mr. Holder also met with officials from the federal Bureau of Prisons, the United States
Marshals Service and federal prosecutors from Virginia, where Zacarias Moussaoui
was sentenced to life in prison in 2006 for his role in the Qaeda conspiracy.
“He was in New York to meet with the prosecution team working on the 9/11 case,” Matthew
A. Miller, a spokesman for Mr. Holder, said after the meetings. “There is broad agreement that we can safely and securely
hold these trials.”
Federal inmate killed during fight at W.Va. prison
A federal prison in northern West Virginia remains locked down a day after an inmate was fatally stabbed
during a fight.
Rodney Myers, a spokesman for the U.S. Penitentiary at Hazelton, said 26-year-old inmate Jimmy Lee Wilson
was pronounced dead at 7:30 p.m. Sunday. The lockdown remained in effect Monday evening.
Guantanamo Bay: depressed US towns battle to house detainees in 'Gitmo North'
Several blighted US towns are battling for the right to host Guantanamo Bay terror detainees in their own
backyards in an unusual case of reverse "nimbyism".
The strategy of requesting the Islamic extremists accused of some of the world's worst atrocities, including
the attacks of Sept 11 2001, as neighbours may seem perverse.
But local officials hope they will land a bonanza of jobs and investment by offering up their empty prisons
as President Barack Obama tries to close the infamous prison camp, on a US naval base on Cuba nicknamed "Gitmo".
In the process, they have thrust themselves on to the frontline of a fierce national debate as Republicans
accuse the Obama administration of endangering national security with plans to house and try terror suspects on US soil.
Amid the watermelon fields along the banks of the Mississippi River, the Illinois village of Thomson - down
to about 450 residents after business and stores closed - has emerged as a strong contendor for "Gitmo North".
Federal officials last week visited an almost empty high-security 1,600-cell prison there that has rarely
housed any inmates since it was completed for $128 million in 2001. The Bureau of Prisons and Department of Defence would
upgrade it to the standards of a "supermax" - as the country's most secure federal jail is called - if it is chosen.
The state's Democratic governor and senior senator have said that the moving the prisoners there could create
more than 3,000 jobs in the area - including 900 at the prison itself. htat sounds highly attractive to many residents. "We're
hurting here, hurting bad," said village president Jerry Hebeler.
But Republicans have raised the spectre of attempted rescues of inmates by fellow Islamisists and retaliatory
attacks on the skyscrapers and airport of Chicago, 150 miles to the west, as well as disputing the benefits for local coffers.
Federal officials have also visited a prison about to close in the economically-striken Michigan city of Standish,
where the jobless rate stands at 18 per cent. Michael Moran, the city manager, has little time for those opposed to re-locating
Guantanamo detainees. "We already have unemployment figures of the level of the Great Depression and we are losing the jobs
of 500 prison guards and yet we still get some people trying to stoke up fears," he told The Sunday Telegraph.
"I am a former corrections officer and a former military policeman and I am sure that there are no security
fears. It's unfounded scaremongering."
In Big Horn County in Montana, officials in Hardin are proposing their pristine new detention centre - empty
for two years - as an ideal site to locate the prisoners, arguing that their remote location in "cowboy country" is another
plus. Unemployment here is above 10 per cent.
And another Illinois town, Marion, has also made a bid for the detainees. "Bring them on," said Mayor Robert
Butler, hoping to reduce an unemployment rate just below 10 per cent.
Florence, home to the country's only current federal "supermax", has made a pitch too. But the prison would
probably only have space for the "worst of the worst" - such as self-confessed 9/11 mastermind Khalid Sheikh Mohammed, who
is due to be put on trial in New York - as it already houses the likes of British "shoe bomber" Richard Reid, the Unabomber
Theodore Kacynski, and other convicted Islamic terrorists.
Mr Obama admitted publicly last week that the deadline he set for closing Guantanamo Bay - Jan 22 2010, a
year after he took office - will be missed. One of the prime problems has been overcoming opposition in Congress to moving
detainees to the US mainland, so selecting an appropriate site is key to his strategy.
The camp is currently home to about 215 prisoners. If Mr Obama has his way, up to 100 could be transferred
for detention and later trial in the US, while the remainder would be cleared for transfer overseas, so long as countries
willing to accept them can be found.
As the debate rages, the residents of the competing towns are not the only interested parties - so are the
detainees in Cuba, for they know one thing is certain if they are moved. Their conditions will be a lot less comfortable,
and not just because of less clement climes of the main contendors for Gitmo North.
For while Guantanamo Bay may be the world's most notorious prison, life behind the barbed wire there has never
been better.
During a recent visit, the DVD in the recreational room was loaded with Spiderman 3, ready for an afternoon
viewing, while others detainees prepared to play football outside on a pitch built at their request Lunch was served with
the usual daily choice of six menus, all Middle Eastern and following halal rules of preparation. Fresh supplies of dates,
olive oil, honey and pita bread are also on offer.
Detainees spend at least two hours out in the Caribbean sun every day and have access to a library of 16,000
books, 1,600 magazines and 300 DVDs - Agatha Christie is surprisingly popular, although tomes on the Islamic faith are in
most demand. In every cell there is an arrow pointing towards Mecca, a prayer rug and beads; there is one medical member of
staff for every three detainees, After it was opened in Jan 2002 by then president George W Bush to receive suspected members
of al-Qaeda and the Taliban, Guantanamo quickly bacame a symbol of detainee abuse and detention without charge and a stain
on America's reputation.
Now, incredible though it may sound, camp officials say that hardcore detainees, who are certain they will
never be free men, would rather stay in Guantanamo than spend a life sentence, or years waiting for execution, in the US.
"They know there will not receive the same privileges as here," Zak, an Arab American appointed in 2005 to
liaise with the exclusively Muslim detainees, told The Sunday Telegraph. "Given the choice of being sentenced forever in Guantanamo
or moved to supermax, it is 'No, can I stay in Gitmo?'. Here they can be outside, they can smell the sea."
By contrast, prisoners at the Florence "supermax" spend 22˝ hours a day in a 9ft by 9ft cell. The only natural
light comes from a 4in by 4ft window that only shows the sky, in order to prevent the prisoner from knowing his specific location
within the complex. Exercise time is strictly limited.
It took years for the Pentagon to grasp what damage conditions at Guantanamo were doing to America's reputation.
But Adm Thomas Copeman, the detention centre's commander, now confidently describes it as a "model detention facility".
Peter King, a Republican congressman who visited earlier this year and wants Mr Obama to keep the faciltiy
open, said that "if there's any scandal at Guantanamo, it is that the detainees are treated too well". It is, he complained
"a Club Med for terrorists".
Federal plan could bring 3,000 jobs to Thomson area
THOMSON, Ill. — When the Savanna Army Depot closed in 2000 and took 450 federally
funded jobs with it, the jobs were supposed to be replaced with jobs from a new state prison to be built on the site.
Instead, the prison was built down the road in Thomson, and most of the jobs have never been created
because the prison has been sitting mostly vacant since its completion in 2001.
Diane Komiskey, executive director of the Jo-Carroll Depot Local Redevelopment Authority, said a proposal
to sell the Thomson prison to the federal government for use as a federal penitentiary and terrorist detainee operation would
mean the return of federal dollars — and much-needed jobs — to the area, bringing the closing of the Army depot
full-circle.
“And it is long past time to close that circle,” she said.
The Obama administration has estimated that the plan could create more than 3,000 jobs and have an
economic impact of $1 billion over four years.
Up to 1,500 military and civilian Department of Defense employees would be part of the detainee operation,
and the Federal Bureau of Prisons would have 800 to 900 people running the federal side of the prison. Beyond that, more jobs
could be created through businesses that will serve the prison and the employees who move to the area to work and live.
Komiskey said federal officials expect prison employees would live within a one-hour radius of the
prison, which includes several cities in Illinois and Iowa, including the Quad-Cities.
In addition to jobs created by increased demand for goods and services in those communities,
the prison also could create more jobs by contracting with local businesses for services such as food delivery, building
supplies, office supplies, waste removal, equipment maintenance and specialty medical services, said Ed Ross, a spokesman
for the Federal Bureau of Prisons.
Jonathan Whitney, publisher of Thomson’s local newspaper, The Carroll County Review, said while
he expects most of the employees who would come to work at the prison will live in other communities, enough may relocate
to Thomson to provide a boost to local restaurants, gas stations or service businesses.
He said he does not expect a major development of new businesses or a change to Thomson’s small-town
atmosphere.
“The way of life here won’t be destroyed,” he said.
Dawn Burkholder, owner of Dian’s Original Grooming, said she has a real estate license she hasn’t
had much use for in Thomson in recent years.
She said the jobs created by the opening of the prison would benefit her dog-grooming business and
the real estate business and she did not agree with those who oppose the prison plan because of concerns about safety.
“Let’s face it, this area needs the jobs,” she said. “It would be silly not
to embrace employment in this area.”
Bruce Thomas, district manager for Allied Waste Services in Clinton, Iowa, said his company already
has a waste removal contract with the Thomson Correctional Center, which currently houses 200 medium-security prisoners for
the state. He said it was difficult to estimate how much more business his company would get if it is awarded a contract to
serve the prison if the federal government takes over.
The city of Pekin has benefited from the federal prison located there, said Bill Fleming, executive
director of the Pekin Area Chamber of Commerce.
Fleming said the prison, which includes a medium-security unit for men and a minimum-security unit
for women, has been a good corporate partner with the city since it opened in 1994.
While some politicians and local residents have expressed concern about the Thomson prison plan to
send terrorism suspects from Guantanamo Bay, Cuba, to the Thomson prison, Fleming said Pekin residents also expressed concerns
about the safety before the prison there was built.
“(Now), I don’t think you could find a person in town who would think it was a bad thing,”
he said.
Doug Wiersema, president and CEO of the Rock Falls Chamber of Commerce, said opening the Thomson prison
could have economic benefits in his city, particularly for businesses that could bid for contracts with the prison. Wiersema
said he was dismayed at how some politicians have reacted to the plan.
“The disappointment in this whole thing is that this has become one more political football,”
he said. “Quite honestly, that stinks. That’s why nothing gets done in this country.”
Several economic development leaders in the area said they think they have adequate housing in the
area to support any increase in need, while Komiskey said there is land at the former Army Depot site suitable to build housing,
commercial or industrial developments needed to support the prison.
Steve Clark, chief of the master planning division at the Rock Island Arsenal, said any military personnel
stationed at the prison would be eligible to participate in an Arsenal program that leases homes in the community for military
personnel to use.
Clark said the Arsenal leases about 50 homes in the Iowa and Illinois Quad-Cities, more than enough
to meet its current needs.
Komiskey said she asked federal officials who visited Thomson recently if there was anything the community
needed to support the prison that didn’t already exist and was told the community has everything the prison would need.
She said talk of the jobs and money the federal takeover of the prison would bring to the community
has created an “exciting time,” she knows nothing has been decided yet.
“I’m urging people to be cautious,” she said.
Projected economic impact of federal prison plan
Within three years, the plan could create 3,170 to 3,870 jobs in a seven-county area — Carroll, Whiteside,
Jo Daviess, Lee and Rock Island counties in Illinois and Clinton and Jackson counties in Iowa.
About 80 percent of the jobs created by the prison would be in Illinois.
The Department of Defense would operate 25 percent of the facility and employ 1,000 to 1,500 people. One-third
of those would be civilian government employees or private contractors earning $80,000 to $90,000 per year. The rest would
be military personnel. The Department of Defense expects few of its direct-hire employees will come from the local area.
The Federal Bureau of Prisons would operate 75 percent of the facility and have 900 employees, half of them
corrections officers. Corrections officers are expected to earn $82,000 in the first year, including benefits. Other staff
would earn about $93,000 in the first year.
The Department of Defense projects there would be about 200 outside visitors at the facility on any given
day, including attorneys and media. The Bureau of Prisons projects about 100 visitors per day once the facility is fully operational
in its third year. The visitors are expected to inject $3 million a year into the local economy.
Durbin to host briefing on sending Guantanamo detainees to Illinois
Senate Majority Whip Dick Durbin (D-Ill.) will host a closed-door briefing with his state’s congressional
delegation on Wednesday about sending Guantanamo detainees to an Illinois prison.
Durbin invited his state’s
19 House members and Sen. Roland Burris (D) to the lawmaker-only briefing, according to an e-mail obtained by The Hill.
The
briefing was organized to garner information about sending detainees held in Guantanamo to Thomson State Correctional facility
in Northwest Illinois.
The Obama administration is looking at buying the nearly empty Thomson Correctional Center in western Illinois
to use as a maximum security prison for Guantanamo detainees.
Those invited to the briefing hosted by Durbin were advised
that Pentagon and Justice Department officials will be on hand along with Illinois state officials “to discuss the state’s
Thomson Correctional Center as a possible site for a new federal maximum security prison which would also house a limited
number of Guantanamo Bay detainees,” according to the e-mail.
Wednesday’s meeting will be the first such
briefing hosted for all 21 Illinois federal elected officials since word spread two weeks ago of the administration’s
interest in transferring Guantanamo inmates to Illinois.
Durbin and Gov. Pat Quinn (Ill.) were quick to support the
plan under consideration by the administration when officials from the Defense Department and federal Bureau of Prisons toured
the facility in mid-November.
GOP lawmakers from Illinois led by Rep. Mark Kirk, who is currently running for the senate
seat being vacated by Burris in 2010, howled in protest. Kirk and fellow GOP Illinois Reps. Aaron Schock, Pete Roskam, Tim
Johnson, Mark Kirk, John Shimkus, Judy Biggert and Don Manzullo introduced legislation to ban funding the transfer of detainees
from Guantanamo to the U.S.
Durbin and Quinn have maintained that selling off the little-used brand new state prison
facility would bring jobs to an area devastated by the economy.
Stupak touches on prison issues during healthcare-centered town hall
STANDISH -- Rep. Bart Stupak (D - Menominee) was in Standish Monday night to discuss healthcare legislation
passed in the United States House of Representatives, but Standish Max wasn't left out of the night's dialogue.
He said when it comes to the federal government using the empty prison as a replacement for Guantanamo Bay
or to hold federal prisoners in general, the issue isn't progressing.
"There's never been a proposal," Stupak said. "There's never been a plan offered."
The Congressman also addressed some of the rumors circulating about eminent domain were the feds to purchase
the facility. He said the prison and the surrounding area are property of the state of Michigan, and would be so until a federal
department makes an offer to buy or lease the Standish Maximum Correctional Facility.
Also, Stupak talked about a prison in Thomson, Ill. that is now being targeted as a Gitmo replacement, saying
it has "a lot of momentum right now." Officials in reports have said this location would provide about 3,000 jobs, however,
the number put forth by officials in Standish, who said they got the number from Department of Defense officials, was 1,000.
Stupak said both of these numbers are unfounded, since no proposal has been put forth for either prison.
But he said he's still hoping the Federal Bureau of Prisons, one government agency represented at an Aug.
13 site visit of the prison, will respond to a letter he sent it.
"I reminded them that we still have a prison you're (BOP) very impressed with," Stupak said.
Healthcare
While the Standish Max dilemma received attention, the night belonged to healthcare. Most who stepped up to
the microphones at the town hall expressed dissatisfaction with the House Bill, H.R. 3962, which was recently sent to the
United States Senate.
Most opposed said they were upset with the bill's passage and concerned it would lead to higher taxes and
ultimately be a failed government program. Comments ranged from people expressing anger about paying for "deadbeats" and others
said countries that have national healthcare programs, such as Canada and England, are learning the systems are seriously
flawed. Some who were opposed to the passage acknowledged that healthcare needed to be fixed, but said other methods like
fixing problems with medical malpractice lawsuits and letting people purchase insurance across state lines.
Stupak also presented a slide show presentation prior to fielding questions. During the slide presentation,
he said H.R. 3962 would provide insurance to 50,000 people in Michigan's First Congressional District and 1,100 families could
avoid bankruptcy, amongst other things.
Inmates Assault Guards at Federal Prison in Inez
Three guards at the Big Sandy Federal Prison in Inez were assaulted by
four inmates during a routine search of an inmate housing unit.
Philip Heffington, a Bureau of Prisons spokesperson, tells WSAZ.com that the
incident happened about 2:00 p.m. Sunday. He says additional staff responded and quickly contained the situation.
Heffington says the three guards were taken to a local hospital for treatment and later released. He says
the four inmates involved in the assault were not hurt.
The prison was placed in lock down following the incident.
The F.B.I. was notified and an investigation into the incident is underway
Dodd, DeLauro to Offer Emergency H1N1 Sick Days Bill
Dr. Anne Schuchat, an official at the Centers for Disease Control and Prevention,
testified that the CDC advises people to stay home from work for three to five days if they come down with swine flu. The
organization encourages employers to institute flexible leave policies ‘so it’s easy for your employees to do
the right thing.’
Two leading members of Congress on the issue of employee leave will team up
to write a bill that would provide paid time off for workers who contract the H1N1 flu.
Sen. Christopher Dodd, D-Connecticut and chair of the Senate health subcommittee on children and
families, announced at a hearing Tuesday, November 10, that he and Rep. Rosa DeLauro, D-Connecticut, intend to formally introduce
the legislation in coming weeks.
He and DeLauro portrayed paid sick leave as the best way for workers to follow government directives
to stay home if they fall ill.
“This isn’t just a workers’ rights issue—it’s a public health emergency,”
said Dodd, who was the author of the Family and Medical Leave Act. “Families shouldn’t have to choose between
staying healthy and making ends meet.”
Dr. Anne Schuchat, assistant surgeon general and an official at the Center for Disease Control
and Prevention, testified that the CDC advises people to stay home from work for three to five days if they come down with
swine flu.
The organization encourages employers to institute flexible leave policies “so it’s
easy for your employees to do the right thing,” Schuchat said.
But DeLauro argued that 57 million workers lack paid sick days and “following this critical
advice is virtually impossible for far too many Americans right now.”
The Dodd-DeLauro measure will be based on a bill, the Healthy Families Act , that DeLauro unveiled
earlier this year. At the Senate hearing, Deputy Labor Secretary Seth Harris said the Obama administration supports HFA.
Like that proposal, the emergency legislation will provide up to seven paid sick days for workers
who contract H1N1 flu—also known as swine flu—or who need to care for a sick child.
The bill will be an alternative to an emergency sick days measure introduced on November 3 by
Rep. George Miller, D-California and chair of the House Education and Labor Committee. Miller’s bill would provide five
days of leave.
Another key difference between the two is that under Miller’s bill, the sick days would
go into effect if an employer tells a worker to go home or stay home. Under the Dodd/DeLauro bill, an employee would decide
when to use the days.
Both bills would go into effect within weeks of being signed into law and would sunset after two
years.
DeLauro, a critic of the Miller bill, said that her and Dodd’s measure hews to the “core
principals” of the Healthy Families Act and will gain the backing of the same 121 House members and 21 senators who
have co-sponsored HFA.
“I think we will get substantial support because we have substantial support for the Healthy
Families Act right now,” DeLauro said in an interview.
A hearing witness representing the Society for Human Resource Management, however, cautioned that
the bill poses potential burdens for companies.
“SHRM has strong concerns with the one-size-fits-all mandate encompassed in the Healthy
Families Act,” said Elissa O’Brien, vice president of human resources at Wingate Healthcare in Needham, Massachusetts.
“At a time when employers are facing unprecedented challenges, imposing a costly paid leave mandate on employers could
easily result in additional job loss or cuts in other important employee benefits.”
O’Brien’s organization provides its 4,000 employees with up to 33 days of paid leave
each year that they can use for any purpose. A survey of SHRM members this year showed that 81 percent offer some form of
paid leave.
She asserted that the HFA would disrupt paid leave programs if they fail to meet standards outlined
in the bill.
Sen. Mike Enzi, R-Wyoming and the ranking member of the Senate health committee, asked DeLauro
whether the bill addressed policies like compensating workers for unused sick time, allowing the use of partial and intermittent
leave, and letting workers carry leave over to the next year.
“Those are the details that can get worked out,” DeLauro said.
Debra Ness, president of the National Partnership for Women and Families, testified that companies
with leave programs like Wingate’s would not be affected by HFA.
“We want this to be something that works well for employers and employees,” Ness said.
SHRM is promoting an alternative to HFA that revolves around exempting companies from federal
leave law if they work out flexible leave arrangements with their employees.
Mike Aitken, SHRM director of government relations, is wary of the emergency sick leave proposal.
“It’s not clear how it interacts with current employer policies,” Aitken said.
Quinn, Durbin ridicule GOP
opposition to Gitmo transfers
U.S. Sen. Dick Durbin and Gov. Quinn today ridiculed mounting GOP opposition to
President Obama’s plan to transfer inmates from Guantanamo Bay to a near-vacant prison in northwestern Illinois .
Several Illinois lawmakers say the Chicago area would become a terrorist
target if Guantanamo Bay detainees are moved to a prison in Thomson, 150 miles west of Chicago .
U.S. Rep. Mark Kirk (R-Ill.),
who is running for Obama’s old Senate seat, said he intends to ask Congress to assess potential security risks the move
may pose to O’Hare International Airport and Willis Tower .
“Some of the criticism
about this decision has crossed the line,” Durbin said. “Talking about actual buildings as targets in Chicago
? Please, that doesn’t do any good. Speculation on where the terrorists might strike next, does that really help us
as a nation? I don’t think it does.”
Quinn said Illinoisans have
a duty to support using the near-vacant Thomson Correctional Center as a place to house roughly 100 Guantanamo Bay detainees
who are accused of terrorism.
“We’re not going
to have a bunch of nay-saying congressmen who are fearful lead us astray,” Quinn said. “The he people of Illinois
will do whatever is necessary to bring the perpetrators of terrorism to justice, and this is part of the job.”
Quinn sidestepped a question
about how much a purchase of Thomson by the federal government might yield the state, though the Chicago Sun-Times was told
over the weekend by a source close to the negotiations the state’s windfall from a sale could approach $200 million.
Any money that might come to
the cash-starved state from a sale of Thomson should be reinvested in statewide construction needs, Quinn said.
“We’d
have to pass a law about the proceeds. But I think something we ought to consider is . . . it’s a long-term capital
expense we had to begin with. We’d probably use that for capital expenditures.”
Officials
to inspect Ill jail for Gitmo inmates
THOMSON, Ill. —
Federal officials are due to arrive in rural northwest Illinois to inspect a prison that could be bought by the federal government
and used to house Guantanamo Bay detainees.
Officials from the Federal Bureau
of Prisons and the Department of Defense are expected Monday at the Thomson Correctional Center . It's about 150 miles west
of Chicago .
Illinois Gov. Pat Quinn and U.S.
Sen. Dick Durbin say the potential sale could help create about 3,000 jobs in the economically depressed area.
But critics, including Republican
members of Congress from Illinois , have been quick to condemn the prospect of the sale because of safety concerns.
Federal officials are considering
Thomson along with a facility in Florence , Colo. and a site in Hardin , Montana .
Closing Gitmo: Feds Eye State and Military Prisons for Detainees
Officials Expect Dozens Of 'Enemy Combatants' to Be Distributed Across Country
By DEVIN DWYER and JASON RYAN
Nov. 16, 2009—
As the Obama administration's January deadline to close the detention camp at Guantanamo
Bay looms, officials are developing plans for the more than 200 detainees still held there, including their possible distribution
to civilian and military prisons across the country.
Attorney General Eric Holder Friday said
the United States would bring five Gitmo detainees, including four alleged 9/11 conspirators, to New York City to stand trial
in federal court. Holder also said that five suspects would be tried before revamped military commissions.
Roughly 40 to 50 more prisoners from the U.S. Guantanamo Bay Naval Base in Cuba will be
transferred to the United States , prosecuted in federal court or before a military tribunal, officials say. And at least
100 detainees have been approved for transfer to other countries.
The United States is actively negotiating additional transfer arrangements in pursuit
of its self-imposed deadline, administration officials said.
That leaves 70 to 80 men considered too dangerous for release but whom the administration
neither plans to charge in federal or military courts nor transfer to foreign countries.
The hope is that all but 10 to 30 of the unresolved cases will eventually be brought for
prosecution or transferred abroad, officials said. A number of Yemeni and Afghan detainees are expected to remain indefinitely
in "enemy combatant" status.
Those prisoners, officials say, will likely be distributed to several prisons and military installations throughout the country with none of the facilities having to completely shoulder the load.
Among the leading state prisons being considered to house detainees is Illinois' Thomson Correctional Center, a maximum-security prison complex 150 miles south of Chicago .
Feds Eye State Prisons for Gitmo Detainees
The Thomson facility has been underutilized since opening in 2001 and state officials,
including Illinois Gov. Pat Quinn and U.S. Sen. Richard
"Dick" Durbin, both Democrats, see the chance to house
Gitmo detainees there as an opportunity to create much-needed jobs, both at the prison and in the surrounding area.
Other communities, from the tiny town of Hardin , Mont. , to recession-struck Standish
, Mich. , have also been attracted to the potential economic boost and have actively lobbied the government to bring the high-level
prisoners there.
The Standish City Council
recently passed a unanimous resolution expressing interest in having a federal prison at the Standish Max Correctional facility,
which has faced closure because of budget cuts.
But critics
in Standish and elsewhere across the country have expressed
skepticism about the prospect of their communities becoming the Gitmo detainees' new hometowns.
"There are just too many things that could go wrong," said Tom Kerrins, chief of the Michigan
correction officers union. "The problem I have is ... you almost are putting a bull's-eye on the whole entire area."
In Illinois , GOP Rep. Mark Kirk has warned in a public letter, "We should not invite
Al Qaeda to make Illinois its No. 1 target."
But advocates for the adoption of Gitmo detainees in state prisons point to the federal
maximum-security prison in Marion, Ill., which already houses 35 convicted terror suspects, as proof that such inmates can
be held and at little danger to surrounding communities.
Federal officials have also been considering Colorado 's so-called supermax prison, south
of Denver , for placement of some of the detainees.
The prison is already home to Oklahoma City bombing co-conspirator Terry Nichols, Atlanta
Olympics bomber Eric Rudolph, 9/ 11 conspirator Zacarias Moussaoui, 1993 World Trade Center bombing mastermind Ramzi Yousef
and failed airline shoe bomber Richard Reid.
U.S. Military Prisons Among Those to Replace Gitmo
Aside from state correctional facilities, the Obama administration is considering a list
of U.S. military bases that could house some of the detainees. Among the options are Camp Pendleton in California , Fort Leavenworth
in Kansas and the U.S. Naval Consolidated Brig in Charleston , S.C.
Representatives from the U.S. Bureau of Prisons, U.S. Marshals Service and other agencies
have conducted site visits at the brig in Charleston and consider the military complex a viable option, according to two administration
officials.
Officials had also considered Fort Leavenworth in Kansas but have recently shied away
from that option.
The congressional delegation from Kansas, led by Sens. Sam Brownback, R-Kan., and Pat
Roberts, R-Kan., has fiercely opposed using the military compound north of Kansas City as home for detainees.
In August, the senators placed legislative holds on Justice Department and Pentagon political
appointees who were awaiting Senate confirmation to force the administration to provide information about its plans and prevent
Leavenworth from being one of the chosen locations.
A month later, the Kansas senators said they had released the holds on the nominees after
discussions with senior administration officials.
"We believe that the administration has a good understanding of obstacles and concerns
and is giving them proper consideration," the senators said in a joint statement. "In a good faith effort to continue moving
this dialogue forward, we are releasing our holds on all Department of Defense and Department of Justice nominees. We are
confident that because of this good faith dialogue, detainees will not be transferred to Fort Leavenworth ."
One major consideration that remains unresolved in the placement process is how state
prisons and military installations will handle staffing of the facility or at courthouses where potential trials would take
place, according to the Justice Department and federal law enforcement officials.
While there have been no specific funding requests
made yet to the federal government, officials said, the cost of holding detainees on U.S. soil is likely to be a matter of
concern for states, many already facing significant
budget crises.
Illinois prison top contender to house Gitmo detainees, official says
Washington (CNN) -- A prison in northern Illinois is the leading contender to house
some detainees transferred from the federal facility in Guantanamo Bay, Cuba, two Obama administration officials told CNN
Saturday.
Officials from the department of Defense, Justice and Homeland Security and federal Bureau of Prisons
will be will be visiting the maximum-security Thomson Correctional Center, about 150 miles west of Chicago, on Monday, the
officials said.
Earlier Saturday, a statement from Illinois Gov. Pat Quinn's office said senior Obama administration
officials would be visiting the Thomson prison to see whether the "virtually vacant, state of the art facility" could be of
use to the Bureau of Prisons.
The statement didn't mention the space possibly being utilized for Guantanamo detainees, but said
that overcrowding is a "serious issue and one of the reasons why the Bureau of Prisons is interested in viewing Thomson Correction
Center."
Quinn, whose administration hopes to generate jobs and economic growth in Thomson through the prison,
was scheduled to speak on the visit Monday.
If the Bureau of Prisons purchases the 1,600-cell site, it would operate primarily as a federal
prison and lease a portion of it to the Defense Department to house a limited number of Guantanamo detainees, one Obama administration
official said.
There are about 215 men held by the U.S. military at the Guantanamo prison camp. Among the detainees
are five suspects with alleged ties to the 9/11 conspiracy, including accused mastermind Khalid
Sheikh Mohammed, who will be transferred to New York to go on trial in civilian court,
Attorney General Eric Holder announced Friday.
As part of the conversion at Thomson, the same Obama official added, the Bureau of Prisons and Defense
Department would enhance security measures to exceed those of the nation's only supermax prison -- the U.S. Penitentiary Administrative Maximum Facility in Florence, Colorado. No inmate has ever escaped
from the prison.
The likelihood of Thomson being tapped to house Guantanamo detainees was first reported by the Chicago
Tribune on Saturday, and sparked immediate concern from critics of the Obama administration.
U.S. Rep. Mark Kirk, R-Illinois, whose district covers suburban Chicago, circulated a letter addressed
to President Obama to Illinois leaders Saturday, opposing the possible transfer of detainees. The letter says that doing so
would turn metropolitan Chicago into "ground zero for Jihadist terrorist plots, recruitment and radicalization."
As home to Chicago's Willis (formerly Sears) Tower -- the nation's tallest building -- "we should
not invite Al Qaeda to make Illinois its number one target," said the statement by Kirk, who is running for the same Senate
seat once held by Obama.
"The United States spent more than $50 million to build the Guantanamo Bay detention facility to
keep terrorists away from U.S. soil. Al Qaeda terrorists should stay where they cannot endanger American citizens."
The Obama administration has vowed to close the Guantanamo facility, but acknowledges it is unlikely to happen by its self-imposed January 22, 2010, deadline.
However, one of the two Obama administration officials speaking to CNN Saturday said that, coupled
with the announced transfer of the alleged 9/11 conspirator, the likely developments at the Thomson prison are "good progress"
toward closing the Guantanamo site.
The federal prison system currently houses approximately 340 inmates linked to international terrorism,
including more than 200 tied to international incidents, the other Obama official said.
Of the total number, 35 inmates are housed in federal prisons in Illinois, including
Ali al-Marri, who pleaded guilty in federal court to conspiring to provide material support to al
Qaeda. Al-Marri is serving eight years and four months at the federal penitentiary in
Marion, Illinois.
A state prison inmate allegedly slashed the throat of one correctional officer and stabbed another in the
cheek with a homemade weapon Wednesday night at the Souza-Baranowksi Correction Center in Shirley after being told he would
be forced to double-bunk with another inmate, according to a union official.
"The inmate is alleging that he was told he would get a single cell when he was released from the segregation unit. ...
When he was told he wasn't on the list...he pulled out a shank and just started stabbing the officers,'' said Steve Kenneway,
president of the Massachusetts Correction Officers Federated Union.
The officer whose throat was slashed "was dragged to safety by the other officer who was already stabbed; it was a pretty
heroic action,'' said Kenneway, adding that the officers were both released from the hospital early this morning after treatment
for their wounds and were lucky to be alive. Two other correctional officers suffered minor injuries when the inmate allegedly
assaulted them as they removed him from the housing unit, according to officials.
Diane Wiffin, a spokeswoman for the Department of Correction, confirmed that four correctional officers were injured during
a confrontation with an inmate and called their injuries "non-life-threatening.''
Citing privacy laws, she would not comment on whether the inmate became enraged after being told he would be forced to
share a cell with another inmate.
Kenneway and a lawyer who heads an agency that provides legal representation to inmates
said the incident was just the latest in a string of violent episodes at the Souza-Baranowski facility since the Patrick administration
made it the state's only maximum-security prison and then, in January, started double-bunking some inmates.
Calling
the prison "out of control,'' Kenneway said, "This policy of double-bunking has caused chaos and this administration is incapable
of admitting it's a bad plan."
Kenneway said there have been 30 to 40 assaults on correctional officers at the Souza-Baranowski
prison since double-bunking began 10 months ago, and that in the first 18 days of October, officers confiscated 75 weapons
from inmates.
The union plans to file a complaint in court to seek an order that would stop double-bunking at the facility,
Kenneway said.
"It's dangerous. It's going to lead to the death of an officer or an inmate or both,'' Kenneway said.
On Oct. 8, an inmate was stabbed 32 times, said Leslie Walker, executive director of Massachusetts Correctional Legal Services,
who represents the inmate.
"This facility is full of violence,'' Walker said. "There are a number of people who are fearful they are going to be hurt
while double-bunked or walking down a hallway.''
Wiffin said statistics were not readily available on the number of assaults on officers or inmates at the Souza-Baranowski
facility or the number of weapons confiscated there this year. She told the Globe to file a public records request for statistics.
Wiffin defended the double-bunking plan, calling it "industry standard'' in prisons nationwide.
"Prisons are dangerous places, there are dangerous inmates in them," Wiffin said. She said that a "mission change," which
includes double-bunking at Souza-Baranowski, "has and will continue to result in a decrease in violence department-wide."
The
housing unit where the alleged assault occurred was placed in lockdown Wednesday, Wiffin said. The unit houses 84 inmates,
she said.
Kenneway blasted the department, saying officials should have ordered a prison-wide lockdown to send a message
that violence against officers and staff will not be tolerated.
Obama's pending EO is not only evidence of
LR climate change
By Herb Levine, cyber FEDSŽ Correspondent
HR OBSERVER: The
administration's draft executive order on federal labor
relations has attracted a lot of attention. I thought I'd wait until the EO was actually issued before adding my comments,
but a recent Federal Labor Relations Authority decision changed
my mind.
This seems like a good time to consider what has already changed in the LR climate under the Obama administration,
before we get caught up in the EO.
A new FLRA
Under President
Bush, our reports of FLRA decisions routinely contained the statement: "Member Carol Waller Pope dissented,"
especially when the majority seemed to limit union rights. But Pope is now FLRA chair and new member Ernest DuBester,
who served under President Clinton
as chair of the National Mediation Board,
has a background as union counsel.
In the decision that prompted this column, 355th MSG/CC, Davis Monthan Air Force
Base and AFGE Local 2924, 109 LRP 61687 , 64 FLRA No. 14 (FLRA 09/28/09), the FLRA appeared to reject its previous distinction
between changes in conditions of employment, as defined under 5 USC 7103 (a)(14), and the working conditions of individual
employees. The result, according to legal editor Jim Carroll, "may be a significant expansion of the duty to bargain."
This
decision was supported by all three members of the FLRA, including Bush appointee Thomas Beck.
Now that the FLRA is fully staffed at the top, with
a new chair and member, an all-new FSIP and a new general counsel, we can expect our trends picture to be filled out soon.
On the revamped FLRA Web site, Pope points to a flood of new decisions, and emphasizes a reenergized Office of the General
Counsel and Collaboration and Alternative Dispute Resolution Office. She promises practitioners, "We
can train you, help facilitate your disputes and offer you alternative means to litigation to work out your problems. And
in those cases where you are unable to resolve your dispute, we are prepared to provide you a timely, quality decision."
The
message to agencies
If we combine the FLRA's decision in 355th MSG/CC and Pope's mission statement with
the labor-management forums, nonadversarial approaches, and permissive bargaining pilots envisioned by the draft EO, the
message to agencies is clear: Engage your unions and try to settle any disputes. If you can't or won't, don't expect the backup
you got under Bush.
The White House has listened to management fears. There
is no blanket mandatory bargaining of permissive subjects in the draft EO, and the EO cannot be enforced through litigation.
The emphasis is on cooperation and ADR rather than expanded bargaining. The Labor-Management Council would be co-chaired by
the OPM director and the head of the Office of Management and Budget.
Unions haven't yet gotten all they wanted.
Living with 'climate change'
This is the new Labor climate. Will
it really be worse for agencies, when compared with the Bush years?
Unions do not have to rely on a friendly FLRA
or administration. Thanks to the courts and Congress, most Bush-era initiatives designed to make government more responsive
to agency management and reduce union influence were crippled or reversed well before Obama took office.
Efforts at
public sector labor-management cooperation have been successful , even under Clinton. Former Governor Tommy Thompson tried to duplicate his partnership
success in Wisconsin when
he took over the Department of Health
and Human Services in 2001, only to be reined in by the Bush White House and told to get on message.
It
may be time for agency managers to get on message with the Obama White House, with the help of their LR practitioners. It won't be easy, but this climate change
could work out for the best.
Penitentiary inmates are 'worst of worst'
LEWISBURG — The Lewisburg Penitentiary guard stabbed twice in a melee Sunday is out of danger,
but the staffing situation at the institution is critical.
Warden B.A. Bledsoe won’t come to the phone and federal Bureau of Prisons officials in Washington,
D.C., send numbers meant to be comforting, but those inside the penitentiary talk frankly.
Since January, Lewisburg has received “the worst of the worst” criminals, while dropping
the security procedures that held them at bay elsewhere, said Daniel Bensinger, a veteran corrections officer and president
of Local 148 of the American Federation of Government Employees.
Whenever one of these vicious inmates was moved from a cell to showers or elsewhere inside previous
institutions, it was with three guards.
“One officer on the left, one of his right and one behind with some sort of night stick,”
Bensinger said. “Today, at Lewisburg, we have one staff escorting one inmate.” And some of those guards, he said,
have little or no relevant training.
Some of them are “augmentation” personnel, drawn from the ranks of secretaries, social
workers and other civilians.
In Sunday’s incident, Bensinger said, two brand new officers were opening the door to a cell
that housed two inmates. The prisoners rushed the door and flung it out, and the officers jumped back. Then one prisoner,
with his hands cuffed behind his back, body slammed one of the guards, Bensinger said.
Being willing to tear up his wrists, the other prisoner had gotten his cuffs off. He pulled a handmade
weapon and stabbed the other guard. The weapon, Bensinger said, was crafted from the button that turned on the hot water in
the sink and its inner shaft. It was about the size of a pen, and Bensinger said another officer estimated one and a half
to two inches of it could have punctured the officer’s skin.
The guard was treated at a hospital and released, Bensinger said. Four other officers who tried
to come to the rescue also were injured, but less severely. One officer, with a baton, knocked the weapon out of the prisoner’s
hand and got him to the ground.
The cuffed inmate ran down the hallway, where he fought with other officers.
It was the second violent incident at the Kelly Township institution in less than a week.
Bensinger, who has been a corrections officer for 24 years, said staffing levels at the penitentiary
are dangerously low.
Traci Billingsley, spokesman for the Bureau of Prisons in Washington, and her counterpart at Lewisburg,
Scott Finley, sent e-mails with the same wording Monday: “... Staffing levels have increased at Lewisburg ... and currently
the Correctional Services Department has 95.6 percent of their positions filled.”
“That’s because management sets the number they feel is 100 percent,” Bensinger
said. “They set it at 294. But that’s not what the union would call 100 percent. We need 350 to do the job.”
On Monday, 264 were employed, he said.
Billingsley and Finley also said: “Overall, the inmate to staff ratio is 3-to-1, which compares
favorably with the bureau’s overall inmate to staff ratio at penitentiaries, which is 4-to-1.”
Bensinger said: “There are about 1,200 staff and 400 inmates, but among ‘staff,’
they are counting food service personnel, educators and workers in recreation, maintenance and medical care. When we open
the door to a cell, that doesn’t give us three officers to each prisoner. The dentist is in the dentist’s office.”
He said management just designated six troublesome inmates out of the entire population for “three-man
hold.”
The union is saying, he said, that all of the inmates need the designation. “We need three
officers to one inmate to face this caliber of violent prisoner.”
Bensinger has seen the conditions at Lewisburg change.
“It’s making the other prisoners safer,” said Keith Hill, national vice president
of the AFGE for District 3, which includes Pennsylvania. About six weeks ago, Bensinger gave Hill a tour.
During a shakedown in the cafeteria, they found two dozen weapons. They were hidden behind the end
caps of tables, in kitchenware and in appliances. They also were found in the drain, on top of the oven and behind the sink.
Most prisoners, he said, make some kind of weapon to protect themselves from other inmates. “The
group we are now housing use them on the staff,” he said.
They are fashioned from just about anything, too, including bed parts and the tips of batteries.
At the prisoners’ former institutions, he said, procedures included X-rays for metal hidden
in the body. At Lewisburg, there’s a metal detector in the hallway, Bensinger said, but no one to monitor it.
There also is no one to gather intelligence on who’s making weapons.
Hill said 150 inmates being watched by one corrections officer is ludicrous. He said they carry
“no mace, nothing for self-protection but a walkie-talkie.”
He said Pennsylvania’s senators and congressmen know of the problem and are working to get
the funds for adequate staffing, but politics is a slow business.
Warden Bledsoe and Harley Lappin, Bureau of Prisons director, are not making waves, Bensinger said,
because they are “good soldiers.”
You’ll never hear them say they’re understaffed, he said. “They fear for their
jobs too,” he added.
Secretaries and clerks put up with being asked to do dangerous inmate supervision because they have
seniority to protect and families to support, he said.
Recently, Bensinger said, he witnessed one of the “augmentation” staff trying to find
a key to open a door. “She must have had 30 keys on a key ring, and it took her five to seven minutes to find the right
one. There were two corrections officers behind that door. If something had broken out, they’d be dead.”
Last year, corrections officer Jose Rivera was stabbed to death at the U.S. Penitentiary in Atwater,
Calif. On Saturday, an improvised explosive device went off inside the Victorville Federal Penitentiary in California. No
one was injured in that incident, Billingsley said, but it detonated upon discovery during a routine search.
Hill and Bensinger said the AFGE had high hopes that the Obama administration would replace Lappin,
a Bush administration appointee. So far, it hasn’t happened. Meanwhile, 7,600 new prisoners are expected in the system
next year, Hill said. A new prison will house up to 1,500 of those, but there will be 6,000 more to be absorbed elsewhere.
Sen. Arlen Specter wrote to Lappin early in October, backing AFGE suggestions, including equipping
officers with nonlethal weapons to defend themselves, like pepper spray, and supplying stab-proof vests.
Specter is on the Senate Appropriations Committee, which would be involved in securing funding for
hiring more prison staff. U.S. Rep. Chris Carney has petitioned the House Appropriations Committee to earmark more than $1
billion in extra federal corrections funds.
According to union figures, 9,000 new corrections officers need to be hired across the nation to
bring staffing to 100 percent, or the level it considers safe.
Bensinger said: “Ask the public to say a prayer to protect their officers and to give lawmakers
the wisdom they need.”
2 inmates injure 5 guards
By Marcia Moore
LEWISBURG — A U.S. Penitentiary at Lewisburg staff member was assaulted by two inmates and
four officers were injured responding to the attack Sunday morning, the second violent incident at the prison in less than
a week.
An unidentified staff member suffered two puncture wounds to the lower back and superficial
wounds across the chest and lower abdomen in the 7:50 a.m. assault by two inmates, according to a statement released by prison
spokesman Scott Finley.
Four officers who responded to the attack were also hurt and required medical treatment,
one for a knee injury, one for a rib injury, another for an elbow injury and the fourth for a cut on the elbow, the statement
said. The two inmates were treated at the prison for abrasions.
The statement did not say what type of weapon was used by the inmates, and no other
details were released.
Finley said the prison remains secure and is operating under a lock-down status.
It was the 45th violent incident at the prison this year and is being investigated by
the FBI. The most recent attack occurred on Tuesday, when an inmate stabbed a guard in the thigh with a spear made of rolled-up
newspaper and magazines and a metal tip held on with dental floss .
“It’s unfortunate to say, but I wasn’t surprised,” said Tony
Liesenfeld, secretary/treasurer of the American Federation of Government Employees Local 148.
The union has complained for months that inadequate staffing is putting officers at
risk.
Liesenfeld, who met the guards at the hospital where they were treated early Sunday,
said each of them “acted appropriately” and attributed the assault to the lack of adequate staffing.
“Hopefully we can get this situation addressed before someone is killed,”
he said, adding that local management has echoed the union’s request for more staff.
There are presently 264 guards at the penitentiary, overseeing 1,089 inmates, many of
whom are among the country’s most violent prisoners. Inmates are held up to 23 hours a day in a cell.
Due to the low number of staff, Liesenfeld said, each prisoner is escorted to and from
the cell by a single guard, even though similar prisons across the country employ up to three guards per inmate for the same
task.
It also limits the frequency of cell searches, he said.
Fed Prison understaffed, Union charges
Wayne County -
Is USP Canaan understaffed? It depends on who you ask.
Russell G. Reuthe, Federal Bureau of Prisons (BOP) Employee Services Manager, says, “Presently, staffing
at U.S.P. Canaan is adequate. The inmate to staff ratio at U.S.P. Canaan is 4:1, which compares favorably to the BOP overall
which is 4.9:1. U.S.P. Canaan staff are highly trained and professional and will continue to provide a safe and secure environment
for the inmates and the community.”
However, a representative of the American Federation of Government Employees (AFGE), the union that represents
federal correctional officers throughout the BOP, disagrees. “I know they’re understaffed. All federal penitentiaries
are understaffed,” says Keith Hill, National Vice President for AFGE, District 3.
Bill Gillette, North East Regional Vice President, Council of Prison Locals, says, “Based on the
hour of the day, staffing ratios vary greatly. There could be times when the ratio could be as high as one staff for every
125-150 inmates.”
Two anonymous letters, as well as two emails were recently received by The Wayne Independent, stating a
concern over under-staffing and safety. “We are all nervous, scared and greatly concerned for our safety as well as
the safety of the public,” one letter states. It refers to six outside guard towers (perimeter control), how only three
are ever staffed, and of those: only two are staffed 24-hours a day. The writer refers to the 18 officers that would need
to be hired to man the towers around the clock, figuring it would cost about $500,000 as opposed to the electric fence being
put up at a cost of “approximately $20 million.”
Asked about the fencing, Reuthe said, “In an effort to continue and maintain a safe environment for
the staff, inmates and the community, at times it is necessary to enhance security measures. Placement of additional fences
will provide greater levels of security, these fences are visible and are intended to serve as barriers (both non-lethal and
lethal) and are placed between the existing perimeter and interior fences. It is anticipated that this new technology will
serve as additional security, help deter potential escapes, and allow the institution to operate more cost effectively, as
well as greatly enhance the safety of the community at large.”
No batons, pepper spray “Unlike state prisons, we do not have any protective equipment to help
us. No batons, pepper spray, nothing but a radio,” the anonymous letter says.
Hill says, “AFGE and AFGE BOP Council have been pushing to get pepper spray authorized for use as
minimal personal protection for corrections officers, but so far we've met nothing but management resistance. I don't know
why there is so much resistance to protecting the lives of the officers. The pepper spray wasn't suggested to be used as a
weapon by the officers it was suggested to give the officers time to escape a situation in which they could be injured or
killed. They aren't equipped to defend themselves at all. They have a ‘PANIC BUTTON’ on their radio that can be
pressed in an emergency, or in case they're attacked. After that they pray someone gets there in time to help.”
Asked if the request for batons and pepper spray is unreasonable, Gillette said, “This has been a
hotly debated issue since the murder of one of our Officers at a California prison last year. Well, I'm not going to go into
great detail with what we have or don't have regarding safety equipment or protective gear, it would not be appropriate or
wise to speak of internal security practices, but I can say that we are not opposed to working with the agency in ensuring
that staff are given the tools necessary to protect themselves and the community they are sworn to serve, the above mentioned
items would be something we'd support.” Gillette said they have seen some “protective equipment upgrades recently.”
Officer Jose Rivera, USP Atwater, California, was killed June 20, 2008, after being assaulted by two inmates
with homemade weapons.
Not enough funding Gillette says it comes down to a lack of funding. “Currently the Bureau of Prisons
(BOP) are operating at 37 percent over it's rated capacity, some institutions as much as 89 percent. For the past several
years, the BOP has not received sufficient funds to be able to keep up with infrastructure needs or staffing. The BOP currently
has 39,399 authorized positions for Fiscal Year 2009, currently there are 34,333 employees on board resulting in a fill rate
of 87.1 percent.
“Being born and raised in Wayne County, I'm well aware of the importance of good paying jobs
and job security, whatever one’s views are regarding the prison or the system, I'd only ask that they keep in mind,
that as federal employees, we are tasked not only as protectors of the communities, but as stewards of the tax payers’
money, so as with any government agency, it's necessary to strike a balance between mission responsibilities and the granted
funding levels. But at times, it's not appropriate or wise to do more with less. It cost 140 million dollars to build USP
Canaan; all the towers, fencing, walls and protective devices available makes little difference if you don't have the trained
men and women to properly outfit it. Many local folks have been able to find employment at USP Canaan, and it will continue
to employee many others throughout the decades, but with adequate funding more people will get the opportunity to work at
the facility and support the local economy,” Gillette said.
MIKULSKI: DOD PROVISIONS A HARD FOUGHT VICTORY FOR FEDERAL EMPLOYEES
Senate passes bill to rollback and repeal punitive policies inherited from previous administration
WASHINGTON, D.C. – U.S. Senator
Barbara A. Mikulski (D-Md.), a senior member of the Senate Appropriations
Committee, today announced the Fiscal Year 2010 Defense Authorization Conference Report includes several hard fought
victories for federal employees. The bill includes provisions to rollback and repeal policies from the previous administration
that forced federal employees to compete on an uneven playing field, often wasted taxpayer dollars, and were bad for morale
at federal agencies. The bill passed the Senate today, and now heads to the President to be signed into law.
The 2010 Defense Authorization Conference Report repeals the Bush Administration’s ill-conceived National Security Personnel System, or NSPS.
Senator Mikulski
is a longtime critic of NSPS, which radically restructured the Department of Defense
personnel system and stripped collective
bargaining rights from civilian employees. In previous years, Congress limited how many workers could be included in
the NSPS system, and placed other restrictions on the controversial program.
“NSPS was a mistake from the get-go. They were rigged rules that redlined and sidelined our federal employees.
The Department of Defense needs to start over and design a personnel system
that respects workers’ rights to bargain and join unions, and rewards them for the contributions they make to our country’s
security,” Senator Mikulski said. “I’ve been fighting for years to throw this ill-conceived policy out.
Today, victory is ours.”
The 2010 Defense Authorization Conference Report also includes a provision to allow federal employees to convert unused
sick leave to retirement credit at the end of their careers. This will allow federal employees to increase their retirement
benefits by applying unused sick leave days.
“Our federal employees are on the front lines every day, working hard for America. These hardworking men and women
deserve to be treated fairly. They deserve a secure retirement and benefits that reflect their years of service to this country,”
Senator Mikulski said. “I’m proud Congress today voted to allow federal employees to convert unused sick leave
into retirement credit.”
Finally, the legislation includes a provision to prohibit the Department of
Defense from contracting-out until they significantly improve their oversight and tracking of the contracting-out process.
The bill also limits the contracting-out competition to two years.
“I promised federal employees that I would not stop my fight to protect them against unfair contracting-out policies.
Today, my promises made are promises kept,” Senator Mikulski said. “This legislation gives the DOD a ‘time
out’ so the Secretary can establish best practices and stop contracting out efforts that are causing more harm than
good.”
Fed Prison understaffed, Union charges
Wayne County -
Is USP Canaan understaffed? It depends on who you ask.
Russell G. Reuthe, Federal Bureau of Prisons (BOP) Employee Services Manager, says, “Presently, staffing at U.S.P.
Canaan is adequate. The inmate to staff ratio at U.S.P. Canaan is 4:1, which compares favorably to the BOP overall which is
4.9:1. U.S.P. Canaan staff are highly trained and professional and will continue to provide a safe and secure environment
for the inmates and the community.”
However, a representative of the American Federation of Government Employees (AFGE), the union that represents federal
correctional officers throughout the BOP, disagrees. “I know they’re understaffed. All federal penitentiaries
are understaffed,” says Keith Hill, National Vice President for AFGE, District 3.
Bill Gillette, North East Regional Vice President, Council of Prison Locals, says, “Based on the hour of the
day, staffing ratios vary greatly. There could be times when the ratio could be as high as one staff for every 125-150 inmates.”
Two anonymous letters, as well as two emails were recently received by The Wayne Independent, stating a concern over
under-staffing and safety. “We are all nervous, scared and greatly concerned for our safety as well as the safety of
the public,” one letter states. It refers to six outside guard towers (perimeter control), how only three are ever staffed,
and of those: only two are staffed 24-hours a day. The writer refers to the 18 officers that would need to be hired to man
the towers around the clock, figuring it would cost about $500,000 as opposed to the electric fence being put up at a cost
of “approximately $20 million.”
Asked about the fencing, Reuthe said, “In an effort to continue and maintain a safe environment for the staff,
inmates and the community, at times it is necessary to enhance security measures. Placement of additional fences will provide
greater levels of security, these fences are visible and are intended to serve as barriers (both non-lethal and lethal) and
are placed between the existing perimeter and interior fences. It is anticipated that this new technology will serve as additional
security, help deter potential escapes, and allow the institution to operate more cost effectively, as well as greatly enhance
the safety of the community at large.”
No batons, pepper spray “Unlike state prisons, we do not have any protective equipment to
help us. No batons, pepper spray, nothing but a radio,” the anonymous letter says.
Hill says, “AFGE and AFGE BOP Council have been pushing to get pepper spray authorized for use as minimal personal
protection for corrections officers, but so far we've met nothing but management resistance. I don't know why there is so
much resistance to protecting the lives of the officers. The pepper spray wasn't suggested to be used as a weapon by the officers
it was suggested to give the officers time to escape a situation in which they could be injured or killed. They aren't equipped
to defend themselves at all. They have a ‘PANIC BUTTON’ on their radio that can be pressed in an emergency, or
in case they're attacked. After that they pray someone gets there in time to help.”
Asked if the request for batons and pepper spray is unreasonable, Gillette said, “This has been a hotly debated
issue since the murder of one of our Officers at a California prison last year. Well, I'm not going to go into great detail
with what we have or don't have regarding safety equipment or protective gear, it would not be appropriate or wise to speak
of internal security practices, but I can say that we are not opposed to working with the agency in ensuring that staff are
given the tools necessary to protect themselves and the community they are sworn to serve, the above mentioned items would
be something we'd support.” Gillette said they have seen some “protective equipment upgrades recently.”
Officer Jose Rivera, USP Atwater, California, was killed June 20, 2008, after being assaulted by two inmates with homemade
weapons.
Not enough funding Gillette says it comes down to a lack of funding. “Currently the Bureau
of Prisons (BOP) are operating at 37 percent over it's rated capacity, some institutions as much as 89 percent. For the past
several years, the BOP has not received sufficient funds to be able to keep up with infrastructure needs or staffing. The
BOP currently has 39,399 authorized positions for Fiscal Year 2009, currently there are 34,333 employees on board resulting
in a fill rate of 87.1 percent.
“Being born and raised in Wayne County, I'm well aware of the importance of good paying jobs and job security,
whatever one’s views are regarding the prison or the system, I'd only ask that they keep in mind, that as federal employees,
we are tasked not only as protectors of the communities, but as stewards of the tax payers’ money, so as with any government
agency, it's necessary to strike a balance between mission responsibilities and the granted funding levels. But at times,
it's not appropriate or wise to do more with less. It cost 140 million dollars to build USP Canaan; all the towers, fencing,
walls and protective devices available makes little difference if you don't have the trained men and women to properly outfit
it. Many local folks have been able to find employment at USP Canaan, and it will continue to employee many others throughout
the decades, but with adequate funding more people will get the opportunity to work at the facility and support the local
economy,” Gillette said.
This memorandum
is being sent as a reminder to all TRULINCS institutions of the CorrLinks transition beginning Monday, October 5.On Monday, we will mass email all inmate email contacts an invitation to join CorrLinks.If the contact does not register prior to October 14, they will not be able to send email to or receive
email from inmates.
We have had
some inquiries regarding CorrLinks and based on these inquiries I want to clarify a few things:
-The
public does not need to register with a credit card.
-The
public can not add an inmate without the invitation's identification number; although the site will allow them to register
in advance.
-The
public must go to www.corrlinks.com to read or send all future emails.
-If
the public receives an invitation and has problems registering, they should submit the issue via the Customer Support link at www.corrlinks.com.
Please find
attached a document you may wish to consider posting to remind inmates of the upcoming change.
Teenage inmates allegedly stab and handcuff officers in escape attempt
Vernon, Indiana, Oct 6 - (WHAS11) - Corrections officers in southern Indiana had some terrifying
moments Tuesday when they were overpowered in an escape attempt and held hostage. Two of them were stabbed at the JenningsCounty jail by young inmates who'd learned to improvise.
Police say 3 teenage inmates
took clothes hangers and sharpened the points.
They then stabbed a guard
several times, overpowering and handcuffing him.
Two other guards rushed
to help and the teens stabbed one of them and used pepper spray
they'd gotten from a storage cabinet.
They handcuffed the officers,
too.
State police and sheriff's deputies rushed to the scene.
With the guards held hostage,
police shot the teens with stun guns ending their escape
attempt.
One inmate, 17-year-old
Ryan Renfroe, was in the jail on murder charges suspected of killing Greg and Maugerite Gough, a couple in their 60’s,
in Jennings County then stealing and crashing their 1987 Camaro. Police say after he was caught, he claimed voices told
him to kill the couple.
Another inmate, 17-year-old
James Smith had a bandage
on his head as police moved him Tuesday. They say he tried to kill at least one of the guards and will be charged with attempted murder.
The others, Renfro and 19-year-old Roger Bushhorn will face kidnapping and assault charges.
They have now been sent
to 3 separate jails.
The most seriously injured
corrections officer was Walter Peace. He was flown to an
Indianapolis hospital and at last report, he was in serious condition with a stab wound to his head.
The other officers, Shawn
McDaniel and Vickie Day were treated and released from a local hospital.
AFGE Applauds Decision of Defense Authorization Conferees
to Repeal NSPS
(WASHINGTON) – Today, the American Federation of Government Employees (AFGE),
AFL-CIO, lauded the decision of the 2010 Defense authorization conferees to repeal NSPS. John Gage, AFGE national president,
said, "This day has been a long time coming. We greatly appreciate Chairman Skelton, Chairman Levin, and the ranking
members, Representative McKeon and Senator McCain, for their courageous decision to repeal the fatally-flawed NSPS pay system.
After numerous Congressional hearings as well as analysis by the Department's own Defense Business Board task group,
the evidence was all on the side of repeal. The Congress had generously given the Department six years to develop a
fair pay system, ample opportunity to correct its mistakes, and finally determined that the system could not be – and
should not be -- saved."
NSPS was created in a poisonous atmosphere by ideologues seeking to destroy collective
bargaining, federal unions and employee rights and protections. Through various defense authorization bills, some of
those rights – collective bargaining and employee appeal rights – were restored. But the NSPS pay system
is costly, unwieldy, discriminatory, complicated, opaque, and mistrusted by DoD civilian employees at all levels.
AFGE looks forward to working with the Department to improve the performance management
and hiring systems so that the needs of the taxpayers, war fighters, and employees can all be addressed.
The defense authorization conference report also includes language from the House
version which will credit FERS employees with their unused sick leave when they retire. This is a critical issue of
equity with employees covered by the Civil Service Retirement System. The report also provides for the conversion of
non-foreign COLA to locality pay for employees in Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands. In addition,
it corrects a longstanding retirement equity problem for employees in the District of Columbia Court Services and Offender
Supervision Agency (CSOSA) that has required some CSOSA employees to work 10 additional years to meet required credits for
federal retirement eligibility.
The Obama administration on Thursday issued an executive order banning federal employees from text messaging
while driving on government business.
"This order sends a very clear signal to the American public that distracted driving
is dangerous and unacceptable," said Transportation Secretary Ray LaHood in a statement. "It shows that the federal
government is leading by example."
Released at the end of a two-day distracted driving summit in Washington, the order
applies to federal employees operating government-owned vehicles or driving privately owned vehicles on government business.
It also bans the use of government-supplied electronic equipment while driving. Federal contractors are encouraged to implement
similar restrictions.
Agencies will be required to outline specific steps to implement the ban, including
disciplinary actions for employees caught texting while driving. The order
directs agencies to evaluate existing driving safety education and awareness programs and consider expanding these efforts
in coordination with a stricter texting policy.
The General Services Administration and the Office of Personnel Management will assist the
Transportation Department in guiding the order's implementation and enforcement in agencies.
Texting while driving is illegal
in 18 states and the District of Columbia.
UNION FOR FEDERAL PRISON OFFICERS ALARMED BY RECENT VIOLENCE AT FCI - MCKEAN
In Wake of Increased Violence, Council of Prison Locals Calls for Full Staffing
and Funding, Continuation of Federal Prison Industries Program throughout Bureau of Prisons
WASHINGTON—A recent outbreak of violence at the Federal Correctional Institution – McKean in western Pennsylvania
has reignited efforts to secure full funding and staffing throughout the Federal Bureau of Prisons (BOP). According to union
officials at the facility, a fight between two rival gangs quickly turned into a full-scale riot involving more than 250 inmates.
At least six inmates were taken to area hospitals with significant injuries.
“This type of violence, while alarming,
happens in every federal prison facility across the country,” said Bryan Lowry, president of the American Federation
of Government Employees’ (AFGE) Council of Prison Locals (CPL), which represents federal correctional officers at the
BOP. “Management continues to turn a blind eye toward dangerous situations that put correctional officers, inmates,
and the surrounding communities at risk.”
In recent months, the Council of Prison Locals has testified on Capitol
Hill regarding the dangers of working in understaffed and underfunded federal prisons. The union has repeatedly asked for
additional staff and the proper use of appropriated funds to ensure the safety and security of the nation’s federal
prison system.
Specifically, CPL wants Congress to:
• Fully staff and fund the BOP – Right now
the inmate-to-staff ratio can be as high as 150:1 and correctional officers are unarmed inside the facility.
•
Issue stab-resistant vests to correctional officers – Assaults on officers with homemade weapons have spiked in recent
years.
• Continue the Federal Prison Industries (FPI) program – FPI announced it would eliminate factories
at 14 facilities and downsize operations at four additional locations throughout the country – a move that union officials
say could lead to potential violence at facilities with hundreds of idle inmates.
The FPI prison inmate work program
is an important management tool that federal correctional officers and staff use to deal with the huge increase in the BOP
prison inmate population. It helps keep 21,836 prison inmates – or about 17% of the eligible inmate population –
productively occupied in labor-intensive activities, thereby reducing inmate idleness and the violence associated with that
idleness. It also provides strong incentives to encourage good inmate behavior, as those who want to work in FPI factories
must maintain a record of good behavior and must have completed high school or be making steady progress toward a General
Education Degree (GED).
CPL also has asked for a meeting with Attorney General Eric Holder to address the issues at
the BOP, including a request to replace Director Harley Lappin.
“The days of ‘doing more with less’
must end,” added Lowry. “It’s time to fix the BOP once and for all.”
Sentence handed down in officer stabing
Victory in Southern district of New Yourk court. JudgeThrows book at inmate Raham Daivs for the stabing
of officer Alex Matthers. While the jury in this caes failed to fine inmate Daivs guilty of attempted murder
some months ago. The Hon. Judge Batts handed down a 15 years sentence on Monday Sep 14, 2009 for possession of a weapon
and assault of a federal law enforcement officer. While we feel the jury let us down the judge
in the case made it clear,you can not stab/assault a staff member without facing alot on time.
Prisons get the flu, too.
A sentencing hearing scheduled this week for a Tipton
County man convicted of murder-for-hire in the death of his mother is being reset because of a swine-flu outbreak at the federal
prison in Memphis.
Federal prosecutors have filed a motion to postpone
sentencing for Billy Johnson, which was set for Thursday.
"The United States has been
advised that FCI Memphis, the facility where the defendant has been incarcerated, has been placed under quarantine because
of an outbreak of the H1N1 virus," federal prosecutor Steve Parker said in court papers. "Because of the quarantine, no prisoners
are being allowed to leave the facility for court proceedings. The U.S. Marshal's Service has advised that the facility will
reassess the situation on Sept. 21."
A spokesman for the Federal Correctional Institution
in Memphis could not be reached for details about the outbreak, but a telephone recording at the prison says inmate visitation
has been canceled until further notice.
FCI Memphis is at Sycamore View near Interstate
40. It is a medium-security facility that houses 1,382 male prisoners and another 289 minimum-security prisoners
at a satellite camp in Millington.
Parker asked for a 30-day continuance.
Johnson, 50, was convicted in April
of conspiracy to commit murder-by-hire in the 1999 death of his mother, Martha Johnson, a businesswoman and landowner who
lived near Covington. He also was convicted of perjury.
Johnson faces life in prison when he is sentenced by U.S. Dist.
Judge S. Thomas Anderson.
Another defendant, Danny Winberry, 43, testified for the prosecution that Johnson promised
to pay him $50,000 to kill his 62-year-old mother and that the son gave him a key to her house.
Winberry, who killed
Martha Johnson in her home with an antique iron, was sentenced to 30 years
in prison in June.
Union leaders make NSPS repeal, personnel reform major priorities
By Alyssa Rosenberg
September 4, 2009
After wrapping up their national conventions in August, leaders
of some of the largest federal employee unions prepared to aggressively pursue a broad set of legislative priorities when
Congress returns on Tuesday. They also said their members are looking for clarity about what kind of reforms to the pay and
personnel systems the Obama administration might pursue.
One of the first issues on the horizon is the fate of the Defense Department's
National Security Personnel
System. A panel appointed by the administration to examine the alternative pay system recommended in late August that NSPS be substantially reformed. But the House and Senate versions of the 2010 Defense authorization bill contain
slightly different provisions that would repeal NSPS within a year unless the Defense secretary makes a case to retain the
program.
Matt Biggs, legislative director for the International Federation
of Professional and Technical Engineers, said his members felt that repealing NSPS was a necessary first step if the
administration wants to pursue broader personnel reform.
"Our delegates at the convention, even the ones who are not
federal employees, [believe] the whole intention of NSPS was to bust unions and dismantle the federal
civil service," he said. "They gave us our marching orders.... Anything they want to do, if it's any way related to
NSPS, it's going to be toxic, it's not going to have employee buy-in."
Beth Moten, legislative director for the American Federation
of Government Employees, said the union's members would be contacting legislators to let them know the NSPS repeal
was a priority for them. That provision is only one of a number of issues that lawmakers will have to resolve when they meet
in a conference committee to produce a final version of the bill.
But Moten described AFGE members' objections to NSPS as a stand-alone issue,
rather as a gateway issue to clear the way for broader pay and personnel reform.
"Generally speaking, they're very supportive of the General
Schedule," she said. "They would like to see more funding for the GS, including funding for bonuses for people who
are superstars. They are eager to see the GS used the way it was designed."
According to National Treasury
Employees Union President Colleen Kelley, her members have been receptive to calls for reform on a number of fronts,
including the hiring process, and they reacted positively to Office of Personnel Management Director
John Berry's remarks at NTEU's convention.
"Everyone's feeling very positive about the opportunities we have before
us," she said. "Our focus, and our request of [Berry], has been to look at what can and should be done to make the federal
workplace what he says he wants it to be. I think that starts with involving employees."
Like Moten, Kelley said her union's convention focused not on new grass-roots
campaigns, but on reinvigorating members who had been working hard on the union's legislative program. Those issues include
winning paid parental leave for federal employees, shoring up rights for whistleblowers, and giving Transportation Security Administration
employees the right to bargain collectively, she said. The NTEU
conference also focused on preparing members for the 2010 midterm elections.
Similarly, Biggs said IFPTE's convention was dedicated mostly to issues
that were already on the union's agenda, including reforms to the pension system for administrative
law judges and moving federal employees covered by nonforeign area cost-of-living
adjustments into the locality pay system. Navy employees also raised concerns about not being paid overtime on overseas
assignments, something Biggs said the union was looking into.
Biggs, Moten and Kelley all agreed their members were impatient to see change,
both from Congress and the administration.
"There were many who believed and hoped on Jan. 21 it would be like flipping
a light switch," Kelley said. "Well, that's not the way it works."
Moten said the slow appointments process meant that for many federal employees,
their working conditions and the policies that set the direction for their work had changed little since the beginning of
the Obama administration.
And Biggs noted that IFPTE members were trying to be patient even as the
administration made decisions that upset them, like the choice to pursue a 2 percent civilian pay hike rather than pushing
for parity between military and civilian raises.
"We view [Obama] as a friend, but we want to make sure that we represent
our members' interest," Biggs said.
Federal Workers Compensation Program “broken,”
DOL UNION TACKLES “BROKEN” FED COMP PROGRAM: Calling the Federal
Workers Compensation Program “broken,” AFGE Local 12 plans to work to fix the program through expanded bargaining
rights granted under the Federal Labor Management Relations Statute. “This program is simply broken due to understaffing,
poor working conditions, and terrible mismanagement,” Local 12 President
Alex Bastani told Union City. Local 12 represents federal employees who work at the Department of Labor.
The Federal Office of Workers Compensation Program (OWCP), an agency within the Department of Labor (DOL),
serves federal employees who are injured at the workplace. These federal employees include correctional officers
with the Bureau of Prisons (BOP) and officers with the Border
Patrol. “BOP correctional officers have been violently attacked at the workplace by dangerous felons and Border Patrol officers, who secure our nation’s borders, face violence from those who threaten our
national security,” Bastani added. “Furthermore, there are Department of Defense workers being
underserved who protect our nation just as much as the soldiers they support. These heroic workers are being ignored by OWCP.”
In 2006, Local 12 filed an institutional grievance over poor working conditions in the Washington D.C. District Office of
the Office of Workers Compensation Programs. “The OWCP has stonewalled the processing of
this grievance and has failed to address any of the issues that the union raised,” Bastani said. “In fact, when
Local 12 raised these concerns again in May of this year during a meeting about a reorganization in OWCP, the Department was
so opposed to change that it simply canceled the reorganization rather than deal with problems in the workers compensation
program.” Bastani says Local 12 will be negotiating over technology and means and methods of work at OWCP. This negotiation
is taking place because the Department is abolishing the Employment Standards Administration
(ESA) so that the four distinct programs within this agency report directly to the Secretary of Labor. “The Union looks forward to assisting
the Secretary of Labor in reforming these programs,” Bastani said, adding “If the Secretary of Labor does not
believe that there is enough money to fix the federal Worker’s Compensation Program so that claims do not languish for
mon ths, I encourage her to visit the correctional officers in BOP, the Border Patrol officers, and the Defense workers who
maintain our planes, tanks and artillery, and tell them so.”
Schumer: FCI Ray Brook overcrowded, understaffed
By KIM SMITH DEDAM August 28, 2009
RAY BROOK - The 214 prison workers
at the Federal Correctional Institute in Ray Brook experience strained and difficult conditions
on the job every day, Sen. Charles E. Schumer says.
Standing in front of the facility
after a tour Thursday morning, the state's senior senator called for a permanent and substantial increase in the Bureau of
Prison's budget.
He wants that money to hire more officers and expand prisons.
"There are 1,227 inmates on average
at Ray Brook every day," Schumer said, a number "way over" the facility's rated capacity of 747 inmates.
"This presents
a risk to the public, to the prisoners and especially to the hard-working people" who staff the prison.
"You don't
have to be an expert in criminal justice to know there is a problem here."
VIOLENCE Fifteen people
were injured at the medium-security facility in inmate-on-staff attacks last year, Schumer said.
There were 21 incidents
of inmate-on-inmate violence in the same time frame, about twice per month, he said.
"This is because there are too
many prisoners and not enough staff."
The senator said he viewed the living space inside Ray Brook.
"You can
sort of feel the tension when you walk in there. It is much more crowded than before."
Standing beside Schumer was
Michael Durant of Fort Covington, spokesman for the American Federation of Government Employees
Local 3882, representing all Ray Brook prison employees.
After
Schumer spoke, Durant described some of the makeshift living quarters devised to fit more prisoners into the facility.
In
some dorms, television rooms have been converted into 12-person cells.
"The rooms weren't designed to house people,"
Durant said, adding they are not ventilated properly for sleeping quarters.
Two two-man rooms built side by side have
been retrofitted, the wall between them torn down, and three bunk beds lined
up to accommodate six men.
Morale among corrections officers and prison
workers is challenged by the lack of adequate staffing.
"The staff-inmate ratio is way out of balance," Durant said.
The
prison warden, Dr. Deborah Schult, was on the tour with Schumer but did not attend the news conference and had no comment
for the Press-Republican on what the senator and Durant said.
9-11 HIT Prison funding
levels have not recovered since Sept. 11, 2001, when the federal government focused on anti-terrorist activity.
"9-11
put a punch on all of the prison budgets," Durant said, "a lot of it (the money) went into Homeland
Security."
Congress approved $545 million in the 2009 prison spending plan, allowing for the hire of 9,000 more
correction officers, Durant said.
"But the administration of the prison
system decided it wasn't going to be used for officers this year."
And, while numbers of prisoners in New York state facilities are going down, the number of inmates in federal prisons is expected to rise from 204,000 to 215,000
next year, Durant said.
Schumer said the next step is to put needed funding into the federal corrections system.
The
money is not to be drawn from stimulus funds and would represent a permanent increase, he said.
CAMP GABRIELS When asked if
the federal government has looked at the vacant, minimum-security state prison
camp at Gabriels, which closed July 1, Schumer said he had no knowledge of any plan to use that site to alleviate or
mitigate overcrowding in the federal prison system.
"As long as the
Bureau of Prisons is underfunded, we won't be able to do it," Schumer said,
adding his staff will look further into the possibility of federal use at the former Camp Gabriels.
The minimum-security
facility has no razor wire or fencing to separate inmates from public lands around it.
The New
York Department of Correctional Services has until Oct. 1 to come up with a reuse plan for Camp Gabriels.
Schumer
said all four federal prisons in New York are in dire straits.
"Facilities
in Manhattan, Brooklyn and Otisville are all more than 40-percent overcrowded and also severely understaffed. "
Facilities
beyond the state are, on average, 37-percent overcrowded, Schumer said.
However, numbers of prison assault in New York were down in 2007 from previous years.
INVASIVE SPECIES Schumer continued a visit to the North
Country Thursday with a stop at the Wild Center in Tupper Lake to
discuss funding for invasive species.
He outlined a four-point plan to fight invasive species that threaten the Adirondack and North Country
ecosystem, particularly didymo (also called rock snot), emerald ash borer
and Asian long-horned beetle.
He is asking Congress to fully fund
the U.S. Department of Agriculture' s efforts to provide suppression and technical assistance to New York in combating the
pests before they spread to the North Country.
The monies would allocate $35 million to control the Asian beetle from
spreading to the Adirondacks from an infestation around New York City and $39.7 million to combat ash borer.
In addition, Schumer urged the Forest
Service to release $3.1 million to provide the State Department of Environmental
Conservation to expand crews to fight the ash borer.
The third point in Schumer's plan would provide $2.5 million
to hire 74 public-information specialists in state camps and parks to help educate the public about invasive beetles. New
York has a ban on transporting firewood more than 50 miles from its source, which is sometimes misunderstood by the traveling
public.
And finally, Schumer is looking to boost funding for the Aquatic
Nuisance Species Task Force, a division of the Fish and Wildlife Service, to put "boots on the ground" to stop the
spread of Eurasian milfoil, quagga, zebra mussels, Japanese shore crab and
didymo.
Communication Mistakes
By Tammy Flanagan
According to Stever Robbins, president of a Massachusetts business coaching service, there are
seven mistakes managers make when communicating. These mistakes apply to the communications between federal employees and
agency retirement specialists as well. Out of frustration, many employees blame their benefits coordinators for failing to
provide accurate or important information needed to plan for retirement. In some cases, I've intervened on behalf of employees,
only to discover that the primary reason for such misunderstandings is the employee and/or retirement specialist were not
communicating properly. Here are the mistakes, according to Robbins, along with my suggestions for avoiding them in the federal employee retirement planning process:
1. Making controversial announcements without doing groundwork first
Any controversial decision can engender rumors, anxiety and resistance. So, rather
than announcing a controversial decision to an entire group, prep people one-on-one. Learn who will object, and why.
Over the years there have been proposals, discussion and threats to change the computation of
federal retirement benefits, the eligibility requirements and even the amount of required retirement contributions. I've even
heard that Congress was scheming to get rid of the remaining federal employees who are covered under the Civil Service Retirement System. These are
all rumors with little or no truth. But when word gets passed from employee to employee, it starts to sound like a done deal.
Retirement specialists can help by assuring employees that these changes are only rumors and unless they are signed into law,
they will have no effect on employee retirement benefits. When teaching a retirement seminar, I probably gain the most credibility
by squelching the rumors and stating the facts for my audience.
2. Lying
Some lies or partial truths are well-intentioned. Certain topics must remain confidential
while they're under discussion. But be careful how you keep secrets. If people know you've lied, you will lose their trust
forever.
I have never seen a retirement specialist intentionally lie. But sometimes in an effort to appear
competent, a benefits coordinator will answer an employee's question before doing the proper research. Most of us know it's
OK to say, "I don't know, but I'll find out for you." If you feel your question has been answered without proper research
or accuracy, feel free to ask for a resource so you can read up on the topic and determine whether your interpretation matches
the answer you were given. Don't be afraid to ask follow-up questions or for an example of how a rule will affect your situation.
For instance, when an employee once told me his annual leave check was based on the incorrect
salary rate, I provided documentation to help him explain to his payroll office the correct computation and why he felt there
was an error. When it was determined the payment was improperly computed, the office corrected it for the employee. But the
problem affected everyone who had recently retired. The payroll specialist told the employee the problem would be fixed for
those who asked for the correction. Employees who did not find out about the mistake would not receive the proper payment.
The agency will remain nameless and the problem eventually was corrected for all the affected employees.
Here's another example of this communication issue: Kristin asks her retirement specialist about
getting credit for federal service while in college and she worked during the summers as a seasonal employee for the National
Park Service. She wants to know whether the service counts and whether she has to make a service credit payment for this period
of time. The correct answer will depend on the following issues:
Which retirement system is Kristin covered under?
When was the service?
Has the service been properly documented?
After gathering all the facts, the retirement specialist will be able to tell Kristin whether
the service counts, what she needs to do to fully credit the service, whether she owes a service credit deposit and how much
interest is due. It is very easy to make a mistake communicating this information if the retirement specialist doesn't fully
understand the importance of the three questions above. The wrong answer could lead the employee to a decision that could
cost her credit for the service or additional interest that could have been avoided. If nothing else, the retirement specialist
would lose credibility for making an error.
3. Ignoring the realities of power
Surprised that you never hear bad news until it's too late? Don't be. The more power you
have, the less you'll hear about problems.
Over the years, I've had the opportunity to meet federal employees at all levels. Those who
seem most appreciative of my presentations are often at the highest levels. They seem to be the least informed about their
benefits. Maybe it is assumed that since they are in such high positions they already know the benefit information or they
don't have time to listen to what is being circulated among the rank and file. This couldn't be further from the truth.
4. Underestimating your audience's intelligence
It's tempting to gloss over issues because "people won't understand."
There are many complicated and technical issues related to the federal retirement process. These
can be related to crediting various types of service, computing retirement benefits, and calculating interest and payments
due to properly credit a period of service. If the information is presented by someone who fully understands the technical
details, it can and should be explained to employees so they have the big picture and can make the decision that is best for
them. It is important not to use acronyms and personnel-ese when speaking to employees who do not work in the benefits arena,
and to use examples and illustrations when explaining a complicated concept.
In addition, listening to an employee's entire question is not only polite, but also critical.
Sometimes it is the last word of the question that changes the meaning. I have a tendency to assume that I know what's coming
when someone begins asking a question. It has taken discipline over the years to have the patience to listen for the rest.
5. Confusing process with outcome
Your hard work was process, and you promised them an outcome. You want them to appreciate
how hard you tried, but they wanted a specific result.
Picture this: The retirement specialist has promised Craig that he will receive his first retirement
check within one month of his retirement date. Then there is a hang-up in payroll that causes the retirement application to
be sent to the Office of Personnel Management a week later than expected.
When it arrives at OPM there is a question about some of the employee's service, causing further delay. Realizing these problems,
the retirement specialist intervenes and provides additional information, avoiding further delay. But the hard work of trying
to help move the along case faster goes unappreciated, because the real problem is the first check was promised in one month
and it didn't arrive until later.
6. Using inappropriate forms of communication
E-mail is great for conveying information, but don't use it for emotional issues. E-mail
messages are too easy to misconstrue. At the same time, phone calls and face-to-face meetings are inefficient ways to disseminate
information, but great for discussing nuanced issues. Furthermore, some people are listeners, while others are readers. Don't
be afraid to ask people how they prefer to receive information.
All employees need information to help them plan for their future, and it is best if it's provided
in a way that is appropriate for each employee. There should be a variety of options available for employees to receive retirement
information. They include:
Seminars
Books, pamphlets, memos
Newsletters that provide updates on any changes
Brown-bag seminars for issues that apply to smaller groups of employees
Web sites, webinars and videoconferencing -- make use of technology
Individual counseling
Individual retirement benefit estimates
Benefit fairs
7. Ignoring acts of omission
What you don't say could be sending as loud a message as what you do say. By their very nature,
mistakes of omission are hard to uncover.
This is a common problem in communicating retirement information. In an effort to provide a
quick response to a complicated question, important details that could help the employee understand the issue more clearly
are left out. Here's a classic example:
Debbie calls her retirement specialist and asks when she can use her sick leave to become eligible to retire.
Debbie is covered under CSRS and has 29 years of service and a year's worth of sick leave. The answer given by the retirement
specialist is no, she can't use her sick leave to become eligible to retire. If she needs 30 years of service to retire, she
must work 30 years and then the sick leave will count in the computation of the retirement benefit. All this is correct, no
mistake has been made. Debbie goes back to work, resigned to the fact that she will have to work another year to become eligible
for retirement.
Here's the omission: The retirement specialist didn't check to see that Debbie will celebrate
her 60th birthday next month. At age 60, the service requirement is only 20 years. Debbie will become eligible to retire next
month, and with her sick leave, her retirement would be computed on 30 years of service.
Tammy Flanagan is the senior benefits director for the National Institute of Transition Planning Inc., which conducts federal retirement planning workshops and seminars.
She has spent 25 years helping federal employees take charge of their retirement by understanding their benefits.
For more retirement planning help, tune in to "For Your Benefit," presented by the National
Institute of Transition Planning Inc. live on Monday mornings at 10 a.m. ET on federalnewsradio.com or on WFED AM 1500 in the Washington metro area.
Inmate at federal prison killed in fight
VICTORVILLE • A federal prison inmate was killed as a result of a fight
between the victim and another prisoner, officials confirmed on Wednesday.
The victim, whose name has not been released, was involved
in a fight on Sunday night with one other inmate, said Chuck Ringwood, spokesman for the Federal Correctional Institution
in Victorville. The man died early Monday morning at a local hospital.
The manner of his death was not divulged, and the federal
prison has been on lockdown since the fight.
“We believe this was an isolated incident,” Ringwood
said. “We are gathering intelligence to try to figure out what led to the fight.”
Officials do not attribute this killing to anything that occurred
at the California Institution for Men in Chino.
The FBI is currently investigating the incident.
Guard assaulted at federal prison
Pekin Daily Times Wed Aug 12, 2009
PEKIN, Ill. - An investigation continues into the assault of a guard in the men*smedium-security facility at the FederalmCorrectional
Institution-Pekin on Friday. FCI-Pekin Public Information Officer Jay Henderson said a corrections officer was attacked by an inmate at the prison. The inmates were locked down in their
housing units immediately following the assault. Henderson declined to comment further on the attack, saying the matter is
still under investigation. He said the guard is recovering from minor wounds. The prison lockdown concluded Monday morning.
FCI-Pekin houses 1,250 male inmates in the medium security section of the prison. There are 320 women housed in the minimum security section of the prison.
Prison Riots
By Randy James
Using shards of shattered glass and metal scraps as weapons, inmates at an
overcrowded California prison went on an 11-hour rampage on Aug. 8, leaving some 250 people injured and a prison dormitory
burned to the ground. Officials believe the riot at the California Institution for Men — the state's worst since 2006
— was fueled by racial tensions between black and Hispanic inmates. The violence came as California's prison system
is adapting to a 2005 Supreme Court ruling making it more difficult for facilities to automatically segregate new prisoners
by race, as the state had done for more than 25 years to defuse potential violence. A spokesman for the prison system said
integrated prison blocks may have contributed to inflamed racial tensions prior to the riot.
Prisons are violent
places by nature; America's first recorded prison riot took place even before the Declaration of Independence, in Connecticut'
s Newgate prison in 1774, and uprisings continue to this day. One report estimates American correctional institutions saw
more than 1,300 riots in the 20th century. Prison insurgencies can be tied to a wide range of causes, including racial tension,
gang rivalries, individual feuds and general grievances against guards and prison administrators.
The nation's deadliest
uprising took place over four days at upstate New York's Attica Correctional Facility in 1971. More than 1,000 prisoners rebelled,
holding dozens of guards hostage and issuing a series of demands to improve living conditions (prisoners were reportedly allowed
only one shower per week and one toilet-paper roll per month). After negotiations broke down, authorities forcibly retook
the facility, using tear gas and live ammunition. The violence killed 32 inmates and 11 guards. (Decades later, New York state
awarded millions in damages to surviving inmates who said they were mistreated following the insurrection as well as to the
families of slain employees.) Other infamous prison disturbances include a particularly gruesome 1980 uprising in New Mexico
that claimed 33 inmate lives (some of the prisoners were mutilated with blowtorches) and an 11-day siege in 1993 at a maximum-security
prison in Lucasville, Ohio, in which a guard was killed.
As bloody as prison uprisings have been in the U.S., they
are often far more violent abroad. Indeed, the full worldwide toll of prison violence is likely unknowable, considering the
restrictions on press freedom under many of the world's more repressive regimes. One of the deadliest incidents in recent decades
took place in 1992 in Săo Paulo, Brazil, where 111 prisoners were killed as authorities sought to put down an uprising. Human-rights
groups accuse corrections officers of shooting inmates indiscriminately, even those who had surrendered. A Brazilian police
colonel was sentenced to 600 years in jail for using excessive force in retaking the prison; the conviction was later overturned.
The
Săo Paulo uprising took place in a notoriously violent prison, which housed more than twice as many inmates as it was intended
for. Many observers warn that increasing overcrowding is a serious threat in American prisons as well: reform advocates welcomed
a judicial ruling earlier this month requiring California to reduce its prison population by more than 25% over the next two
years. A three-judge panel ordered the state to trim more than 40,000 inmates from its rolls due to inadequate medical care
available to them, but the order also warned of concerns over public safety. "In these overcrowded conditions," the judges
wrote, "inmate-on-inmate violence is almost impossible to prevent." Just last month, Federal Bureau of Prisons head Harry
Lappin warned Congress that "crowded prisons result in greater tension, frustration, and anger among the inmate population,
which leads to conflicts and violence."
The corrections- technology industry — focusing on preventing and squashing
unrest — has grown in recent years, offering such products as cell doors that swing in both directions to prevent barricades
as well as stab- and slash-resistant body armor for corrections officers. Many of these products will be showcased at the
annual Mock Prison Riot trade show to be held next spring in West Virginia. Its slogan: "Where technology meets mayhem."
Obama's merit board nominees have deep background in union law
By Alyssa Rosenberg
August 4, 2009
The lawyers President Obama nominated to head the Merit Systems Protection
Board have played significant roles in some of the major campaigns that federal employee unions have waged in recent
years. But labor leaders also said Susan Grundmann, tapped to lead the board, and Anne Wagner, nominated to be Grundmann's
deputy, would not automatically rule against management and likely would work within the parameters of legal
precedent.
Grundmann, who graduated from American University and earned a law
degree at Georgetown University, has been general counsel for the National Federation of Federal
Employees since 2002. NFFE declined to comment on her nomination, citing the pending confirmation process. But Mark
Roth, general counsel for the American
Federation of Government Employees, said Grundmann shouldered a significant load at the union because she did not have
sufficient support staff.
She took on major responsibilities outside NFFE as well. According to Matt Biggs, legislative director of the International Federation of Professional and Technical Engineers, Grundmann was chosen unanimously
by the 36 unions that are part of the United Department of Defense Workers
Coalition to head the organization's legal committee, and she handled some of the arguments for the group's lawsuit against
the Pentagon's National Security Personnel System. She also was part of the negotiating team
that met with the Homeland Security Department and the Office of Personnel Management during DHS' efforts to establish an alternative personnel system.
Biggs said Grundmann is "one of the foremost authorities in the labor community when it comes to federal labor law." He also emphasized her role as an effective advocate for federal workers and
said she had earned the respect of the management teams with which she worked.
Wagner, a graduate of Notre Dame University and The George Washington University Law School, worked
on a range of employee issues as an assistant general counsel at the American Federation of Government Employees, and as a
member and former general counsel of the Government Accountability Office's
Personnel Appeals Board. That organization is similar to the Merit Systems Protection Board and makes judgments on adverse
actions and discrimination complaints, and in cases of prohibited personnel practices that occur within GAO. The general counsel
investigates allegations filed by GAO employees and can represent them before the board if there is sufficient evidence that
a violation occurred.
As general counsel to the Personnel Appeals Board, Wagner helped determine the ground rules for an election that led
to the creation of GAO's first union, a local of the International Federation of Technical and Professional
Engineers. She also led an investigation into the agency's decision to deny annual pay adjustments to analysts who
received satisfactory ratings in 2006 and 2007 under a new pay system. That new personnel system was influential in the effort
to form a union at GAO.
At AFGE, Wagner helped challenge a law forbidding federal employees
from accepting fees for making speeches or writing articles on subjects unrelated to their government jobs. As a counsel on the case, Wagner argued that
the rule was not tailored carefully enough to be a legitimate exception to the First Amendment, and the law eventually was overturned. She
also argued that the Food Safety Inspection Service and the Agriculture
Department needed to preserve an active role for food inspectors, and worked on one of the earliest cases challenging bidding
preferences for Native American corporations, an issue that has resurfaced
in recent debates over contracting reform.
AFGE's Roth said Wagner's experience would serve her well on the Merit Systems Protection Board. "I don't think I've
ever used the term 'the perfect choice' before," he said. "But she has been groomed for this position, she has been trained
for this position."
But Roth was quick to emphasize that despite the 20 years Wagner spent at AFGE, the union would not receive preferential
treatment from her. And Roth said both nominees would have to navigate through a sea of precedents created by the federal circuit courts, to which the Merit Systems Protection Board must adhere. But members' decisions
ultimately could become part of that precedent if they are upheld in court, he added.
"The fact that you have two folks who are brilliant legally, excellent writers and have their hearts in the right place
can ultimately move that agency," Roth said. "I don't think anyone can expect a 180-degree change in direction, but there's
a lot of room for more coherent decisions and different results where appropriate."
U.S. to Reform Policy on Detention for
Immigrants
By
NINA BERNSTEIN
The Obama administration intends to announce an ambitious plan on Thursday to overhaul
the much-criticized way the nation detains immigration violators, trying
to transform it from a patchwork of jail and prison cells to what its new chief called a “truly civil detention system.”
Details are sketchy, and even the first steps will take months or years to complete. They include reviewing the federal
government’s contracts with more than 350 local jails and private prisons,
with an eye toward consolidating many detainees in places more suitable for noncriminals facing deportation — some possibly
in centers built and run by the government.
The plan aims to establish more centralized authority over the system, which holds about 400,000 immigration detainees
over the course of a year, and more direct oversight of detention centers that have come under fire for mistreatment of detainees and substandard —
sometimes fatal — medical care.
One move starts immediately: the government will stop sending families to the T. Don Hutto Residential Center, a
former state prison near Austin, Tex., that drew an American Civil Liberties Union lawsuit and scathing news coverage for putting
young children behind razor wire.
“We’re trying to move away from ‘one size fits all,’ ” John Morton, who heads
the Immigration and Customs Enforcement agency as assistant secretary of homeland security, said in an interview on Wednesday. Detention on a large
scale must continue, he said, “but it needs to be done thoughtfully and humanely.”
Hutto, a 512-bed center run for profit by the Corrections Corporation
of America under a $2.8 million-a-month federal contract, was presented as a centerpiece of the Bush administration’s
tough approach to immigration enforcement when it opened in 2006. The decision to stop sending families there — and
to set aside plans for three new family detention centers — is the Obama administration’s clearest departure from
its predecessor’s immigration enforcement policies.
So far, the new administration has embraced many of those policies, expanding a program to verify worker immigration
status that has been widely criticized, bolstering partnerships between federal immigration agents and local police departments,
and rejecting a petition for legally binding rules on conditions in immigration detention.
But Mr. Morton, a career prosecutor, said he was taking a new philosophical approach to detention — that the
system’s purpose was to remove immigration violators from the country, not imprison them, and that under the government’s
civil authority, detention is aimed at those who pose a serious risk of flight or danger to the community.
Janet Napolitano, the secretary of homeland security,
said last week that she expected the number of detainees to stay the same or grow slightly. But Mr. Morton added that the
immigration agency would consider alternative ways to assure that those who face deportation — and are not dangerous
— do not flee.
Reviewing and redesigning all facilities, programs and standards will be the task of a new Office of Detention Policy
and Planning, he said. Dora Schriro, special adviser to Ms. Napolitano,
will become the director, assisted by two experts on detention management and medical care. The agency will also form two
advisory boards of community groups and immigrant advocates, one focusing on detention policies and practices, the other on
detainee health care.
Mr. Morton said he would appoint 23 detention managers to work in the 23 largest detention centers, including several
run by private companies, to ensure that problems are promptly fixed. He is reorganizing the agency’s inspection unit
into three regional operations, renaming it the Office of Detention Oversight, and making its agents responsible for investigating
detainee grievances as well as conducting routine and random checks.
“A lot of this exists already,” he said. “A lot of it is making it work better” while Dr.
Schriro’s office redesigns the detention system, which he called “disjointed” and “very much dependent
on excess capacity in the criminal justice system.”
Asked if his vision could include building new civil detention centers,
he said yes. The current 32,000-bed network costs $2.4 billion a year, but the agency is not ready to calculate the cost of
a revamped system.
Vanita Gupta, an American Civil Liberties Union lawyer who led the lawsuit against the Hutto center, was jubilant
over the decision to stop sending families there, but cautious about the other measures.
“The ending of family detention at Hutto is welcome news and long overdue,” she said in an e-mail message.
“However, without independently enforceable standards, a reduction in beds, or basic due process before people are locked
up, it is hard to see how the government’s proposed overhaul of the immigration
detention system is anything other than a reorganization or renaming of what was in place before.”
Ms. Gupta said the changes at Hutto since 2006 illustrated the importance of enforceable rules. Before the A.C.L.U.
lawsuit was settled in 2007, some children under 10 stayed as long as a year, mainly confined to family cells with open toilets,
with only one hour of schooling a day. Children told of being threatened by guards with separation from their parents, many
of them asylum-seekers from around the world.
Only through judicial enforcement of the settlement, she said, have children been granted such liberties as wearing
pajamas at night and taking crayons into family cells. The settlement also required the agency to honor agency standards that
had been ignored, like timely reviews of the decision to detain a family at all. Some families have been deported, but others
were released or are now awaiting asylum decisions in housing run by nonprofit social
service agencies.
That kind of stepped-up triage could be part of the more civil detention system envisioned by Mr. Morton and Dr.
Schriro, who has been reviewing the detention system for months and is expected to report her recommendations soon.
But the Hutto case also points to the limits of their approach, advocates say. Under the settlement, parents and
children accused of immigration violations were detained when possible at the country’s only other family detention center, an 84-bed former nursing
home in Leesport , Pa. , called the Berks Family Shelter Care Facility.
The number detained at Hutto has dropped sharply, to 127 individuals from as many as 450.
Advocates noted that Berks, though eclipsed by the criticism of Hutto — the subject of protest vigils, a New
Yorker article and a documentary — also has a history of problems, like guards who disciplined children by sending them across the parking
lot to a juvenile detention
center, and families’ being held for two years.
The Hutto legal settlement expires Aug. 29. In the most recent monitoring report last month, Magistrate Judge Andrew
W. Austin wrote: “Although the use of this facility to hold families is not a violation of the settlement agreement,
it seems fundamentally wrong to house children and their noncriminal parents this way. We can do better.”
Mr. Morton, a career prosecutor, seemed to agree. Hutto will be converted into an immigration jail for women, he
said, adding: “I’m not ruling out the possibility of detaining families. But Berks is the better facility for
that. Hutto is not the long-term answer.”
Guantanamo Detainees Won't Fit at Supermax, Olympic Bomber Says
The domestic terrorist known as the Olympic Park
Bomber says the U.S. government should think twice about transferring Guantanamo Bay detainees to the federal Supermax prison
in Colorado, which holds some of America's most notorious criminals.
Eric Robert Rudolph, who is serving a life sentence for a series of bombings that killed
two people and wounded scores of others, exclusively told FOX News in a letter dated June 30 that he doubts the Guantanamo
detainees will become his fellow inmates at the Supermax prison in Florence, Colo., about 90 miles south of Denver.
"They do not want the detainees' high powered lawyers focusing their ire on Supermax,"
Rudolph wrote to FOX News. "Washington built a nice little black hole where they throw their unmentionables and they do not
want a bunch of New York lawyers shining any light in here."
Among Supermax's notorious inmates are Sept. 11 conspirator Zacarias Moussaoui; "Unabomber"
Ted Kaczynski; Oklahoma City bombing conspirator Terry Nichols; 1993 World Trade Center bomber Ramzi Yousef; and Robert Hanssen,
a former FBI agent serving life for espionage.
Rudolph, 42, says the prison is already at capacity. "So even if they decide to move the
detainees here I do not know where they would put them," Rudolph wrote. "To house that many detainees staff would have to
empty one, two, maybe three entire units."
The Supermax prison, dubbed "The Alcatraz of the Rockies," currently holds 465 inmates,
25 short of its capacity, Bureau of Prisons spokeswoman Traci Billingsley told FOXNews.com.
President Obama has called for the Guantanamo prison to be closed by January, and Dean
Boyd, a spokesman for the Department of Justice, said no decision has been made regarding where the 229 remaining detainees
will be sent once the Cuban facility is shut down.
Boyd said the detainees would "not necessarily" be sent to federal prisons, but he declined
to elaborate.
Rudolph said that if the detainees are sent to Colorado, they will receive the same religious
privileges at the Supermax prison that they have had at Gitmo.
"The government goes out of its way to please its non-Christian inmates," Rudolph wrote
in his letter. "Muslims can buy prayer rugs and Kufi caps. Korans are given away free. A Muslim [Imam] has recently been attached
to the chaplain's office."
Detainees at Guantanamo are given 20 minutes of prayer time every day, typically at 5:30
a.m., 1 p.m., 2:30 p.m., 7:30 p.m. and 9:30 p.m., according to Joint Task Force Guantanamo. Each detainee is also issued a
personal copy of the Koran, and meal schedules are modified to accommodate holy periods like Ramadan.
Rudolph, who was linked to the racist and anti-Semitic Christian Identity movement before
his incarceration, said Jewish and Muslim inmates at Supermax are offered many items not offered to Christian inmates, like
"real" whole wheat bread and fresh fruits and vegetables.
"Many of the less than honest inmates 'convert' to Judaism or Islam just to get the Kosher
Halal food tray," he wrote. "In contrast, the government's treatment of Christians is different. Christians cannot get the
Kosher-Halal food tray."
Billingsley said all federal prisons, including the Supermax facility, accommodate all
religious diets.
Rudolph was sentenced to life without parole in July 2005 for setting off a bomb and killing
an off-duty police officer and critically wounding a nurse at an abortion clinic in Alabama. He was later sentenced to two
additional life terms for the 1996 bombing at the Centennial Olympic Park in Atlanta, which killed a spectator and wounded
scores of others, and for other bombings in and around Atlanta.
Rudolph, who bombed several facilities in a campaign against abortion and homosexuality,
said his time at Supermax has not changed him.
"I'm still the same person — a little older and little wiser, but still same person,
the same convictions," he wrote.
Constructed in 1994 at an estimated cost of $60 million, the Supermax prison, or Administration
Maximum (ADX), is one of four facilities located on the 640-acre Florence Federal Correctional Complex in Colorado.
The facility houses the country's most violent, disruptive and escape-prone inmates. No
escapes or serious attempts have occurred since its opening, Billingsley said.
Billingsley declined to discuss Rudolph's status at the prison. Inmates considered the
most disruptive are allowed up to seven hours of individual recreation opportunities weekly and one 15-minute phone call per
month.
Short-Staffed Federal Prisons Endanger Communities, Guards
The union that represents correctional officers at the U.S. Bureau of Prisons says federal prisons—including the
famed Supermax facility—are not safe and major steps must be taken soon to protect prison employees and the communities
near the prisons.
Testifying before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security yesterday, Bryan Lowery and
Phil Glover told lawmakersthat budget cuts and short staffing increasingly pose a danger to officers, inmates and
the 115 communities and small towns which surround the facilities.
Lowery is president of AFGE’s Council of Prison Locals, and Glover is the council’s legislative coordinator.
Earlier this year, AFGE successfully fought for a $545 million increase in Bureau of Prisons funding. But
the agency’s top management repeatedly has refused to follow the direction of Congress and is unilaterally saying that
none of the funds provided for increased staffing will be used for that purpose.
Lowery testified:
The blatant disregard for the safety of our federal correctional officers by the Bureau of Prisons management is inexcusable.
The safety of correctional officers, inmates and our communities is at risk.
The Council of Prison Locals is circulating an online petition urging U.S. Attorney General Eric Holder to order Bureau of Prisons management to use the appropriated funds to hire
more officers, fire Bush-era Bureau of Prisons Director Harley Lappin and hire 9,000 additional correctional officers.
The council also has asked for a meeting with Holder to address the issues at the Bureau of Prisons.
Click here to sign the petition and send Holder the message.
Years of underfunding has created a serious understaffing situation in which correctional officers are outnumbered
by inmates by 150-1 and correctional officers are unarmed inside the facilities. In a bureaucratic sleight of hand to cover
over the shortstaffing, the Bureau of Prisons counts secretaries and administrative unit managers, among other nonguard correctional
workers, in calculating its inmate-to-correctional staff ratio nationwide.
Some 206,000 inmates are confined in federal prisons today, up from 25,000 in 1980. By 2010, estimates project 215,000 inmates
in these institutions.
The number of officers who staff federal prisons is failing to keep pace with the tremendous growth in the inmate
population. Today, prison staffing is at an 86.6 percent level, compared with 95 percent staffing in the mid-1990s.
The additional officers requested by the union would return staffing to 1997 levels.
The seriousness of the short staffing was underscored last month on the first anniversary of the murder of correctional
officer Jose Rivera, who was stabbed to death in a federal prison in Atwater, Calif., while locking inmates
into their cells. He was working alone because, the union says, that prison is severely understaffed.
In addition to fully funding and staffing the prisons, the union is seeking stab-resistant vests for correctional officers.
Assaults on officers with homemade weapons have jumpred in recent years, said Lowery and Glover, who both are exposed to dangers
in their jobs as correctional officers in federal lockups.
Union and prisons director clash on funding
A federal employee union official and the head of the Bureau of Prisons agreed that understaffing is a problem in testimony
before House lawmakers on Tuesday, but painted conflicting portraits of how the agency is addressing it.
"Our No. 1 priority in the Bureau of Prisons is to increase our staff who supervise inmates," Director Harley Lappin told
the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. "We have not had the available funding to fill
as many positions that we'd like to fill...Over time, with increased medical costs, with increased salary and benefit costs,
with increased costs associated with facilities cost, [other items] have absorbed our budget."
He noted the number of inmates per prison guard has climbed from 3.6 in 1997 to 4.9 in 2009. This has contributed to growth
in prison violence, Lappin said. Phil Glover, legislative coordinator for the American Federation of Government Employees'
Council of Prison Locals, cited a bureau report that found between fiscal 2005 and 2006, the number of inmate-inmate attacks
increased 15.5 percent, and inmate-staff attacks rose 6 percent.
Lappin told lawmakers the bureau is working on beefing up its staffing, and said he would provide Rep. Zoe Lofgren, D-Calif.,
a summary of ongoing efforts. He added that he hoped future budgets would allow the bureau to hire 3,000 more employees, including
corrections officers.
But in written testimony, Glover criticized Lappin for failing to take advantage of funding already available. He said
"informed sources" told AFGE that the bureau intended to use $70.6 million set aside in President Obama's 2010 budget to hire
742 correctional officers "to help rebuild various BoP operational activities (inmate care programs and prison facility maintenance
and security functions)."
Glover also said in his written testimony that Lappin rejected a recommendation from the House Appropriations Committee
that the bureau use extra funds in the fiscal 2009 Omnibus Appropriations Act to hire more corrections officers. Instead,
Glover said, Lappin planned to spend that money on the 2009 federal employee pay raise; inmate care costs that were higher
than budgeted; new education and drug treatment staff; and the National Institute of Corrections, a think tank and training
center for state and federal corrections agencies.
Traci Billingsley, chief public information officer for the Bureau of Prisons, said it was true that the pay raise had
consumed $111 million of the $257 million funding increase that the bureau received in fiscal 2009, and the bureau was coping
with rising costs in other areas, including medical care and utilities. The bureau also opened a new medium-security prison
in Louisiana in fiscal 2009, she said.
But Billingsley said the union's characterization of the bureau as spending no funds on staffing was inaccurate. The bureau
has a net increase of 405 staff so far this year, she said, and during the third and fourth quarters of 2009, the size of
the corrections departments at federal prisons and the federal Supermax facility is set to increase by 2 percent.
Cardoza says he warned Atwater warden about prison conditions
WASHINGTON -- The former warden of U.S. Penitentiary Atwater ignored congressional warnings
before the June 2008 slaying of correctional officer Jose Rivera, Rep. Dennis Cardoza told lawmakers Tuesday.
In the months preceding Rivera's murder, Cardoza said he had received multiple complaints from
Atwater guards about conditions at the maximum-security facility. But when the Merced Democrat tried alerting then-warden
Dennis Smith, he says he got the brush off.
"I wrote to him and then I called him, and he didn't respond," Cardoza told a House panel. "He
wouldn't return my phone calls."
Testifying before the House subcommittee on crime, terrorism and homeland security, Cardoza
underscored that it's rare for top federal agency employees to ignore congressional communications. Unresponsiveness wasn't
the only issue.
"There were a number of things that were a failure by the prior warden," Cardoza said, adding
that he is very satisfied with the work of the current Atwater warden, Hector Rios Jr.
An April 2009 Bureau of Prisons Board of Inquiry report into Rivera's slaying identified multiple
problems at the prison, ranging from widespread availability of "intoxicants" and homemade weapons to infrequent pat searches
and troubling gang control over cell assignments.
Smith was transferred to an Illinois prison following Rivera's killing and could not be reached
to comment Tuesday. He was named, along with other top Bureau of Prisons officials, in a federal lawsuit filed by Rivera's
family. The $100 million lawsuit filed in U.S. District Court in Fresno last month contended that federal prison officials
bore responsibility for the "dangerous conditions that resulted in the death" of Rivera.
Rivera's family has since withdrawn the lawsuit in order to first file a required administrative
claim. If the Bureau of Prisons rejects the claim within the next six months, an attorney working with Rivera family lawyer
Mark J. Peacock said Tuesday, the lawsuit will resume.
Two former Atwater inmates, Joseph Cabrera Sablan and James Leon Guerrero, now await trial on
murder charges. Both men were intoxicated when they attacked Rivera with an ice pick-type weapon, investigators concluded.
"Sablan admitted to the FBI he was drunk at the time of the incident and stated he did not remember
what happened," the board of inquiry report stated.
In their most recent court filings, defense attorneys last week spelled out in 23 pages all
of the potential evidence they want from prosecutors, ranging from videos and maps to Rivera's autopsy report and the arrest
records of every potential witness.
Rivera was unarmed and not wearing a stab-proof vest at the time he was attacked. His death
accelerated calls for additional staffing and better equipment, though some pleas for help had preceded his killing, as well.
In an April 2008 letter sent to Smith as well as Bureau of Prisons Director Harley Lappin, Cardoza
stated that "personnel are worried that they simply do not have the resources to cope" with overcrowded, understaffed facilities.
Currently, the Bureau of Prisons oversees more than 207,000 inmates nationwide.
In 1997, federal prisons maintained a 3.7 inmate-to-staff ratio. Currently, federal prisons
have a 4.9 inmate-to-staff ratio.
"Our number one priority is increasing staff," Lappin told the House panel Tuesday, adding that
"we have not had the available funding" to do so recently.
Lappin added that "there is a direct, statistically significant relationship" between prison
overcrowding and prison violence. An increase of one inmate in a facility's inmate-to-staff ratio is associated with an additional
4.5 serious assaults per 5,000 inmates, Bureau of Prisons research has shown.
The House and Senate are working on a fiscal 2010 Justice Department funding bill that includes
$70.5 million for additional federal prison staffing. Union representatives, who have been calling for Lappin's resignation,
say they fear the additional money will be used for purposes other than hiring more staff.
Panel: Prison Overcrowding Jeopardizes Guard and Inmate Safety
By Matthew Harwood
07/21/2009 -
Overcrowding at federal prisons is seriously jeopardizing the safety and security of guards and inmates alike, witnesses
told lawmakers today.
Correctional administrators agree that crowded prisons result in greater tension, frustration, and anger among the inmate
population, which leads to conflicts and violence,"said Harry G. Lappin, director of the Federal Bureau of Prisons
(BOP), before a subcommittee of the House Committee on the Judiciary.
Since the 1980s, the prison population has exploded within federal prisons. From 1980 to 1989, the inmate population doubled
from 24,000 to 58,000, mainly due to mandatory minimum sentencing statutes. During the 1990s, the population more than doubled,
ballooning to 134,000. As of July 2, 2009, the FOB detains 170,700 prisoners, while another 36,000 prisoners are held under
contract with private prisons.
"Systemwide," noted Lappin, "the BOP was operating at 37 percent over its total rated capacity."
Despite this dramatic increase in the prisoner population, the number of guards necessary to keep these institutions safe
has not kept pace.
"The BOP system is currently staffed at an 87 percent level, as contrasted with the 95 percent staffing levels in the mid-1990s,"
testified Phil Glover, legislative coordinator for the American Federation of Government
Employees' Council on Prison Locals. "This 87 percent staffing level is below the 90 percent staffing level
that BOP believes to be the minimum staffing level for maintaining the safety and security of BOP prisons."
Currently, the inmate-to-staff ratio in BOP facilities is 4.9 inmates to 1 staff member, whereas in 1997 the ratio
was 3.7 to 1, Glover added.
Such overcrowding overwhelms prison guards and leads to increased rates of serious violence among the inmates, Lappin testified,
citing an internal BOP study from 2005.
We found that both the inmate-to-staff ratio and the rate of crowding at an institution (the number
of inmates relative to the institution’s rated capacity) are important factors that affect the rate of serious inmate
assaults.
Our analysis revealed that a one percentage point increase in a facility’s inmate population
over its rated capacity corresponds with an increase in the prison’s annual serious assault rate by 4.09 per 5,000 inmates;
and an increase of one inmate in an institution’s inmate-to-custody-staff ratio increases the prison’s annual
serious assault rate by approximately 4.5 per 5,000 inmates. The results demonstrate through sound empirical research that
there is a direct, statistically significant relationship between resources (bed space and staffing) and institution safety.
The violence has also increasingly touched guards too, said Glover.
In just over the past year, one guard in California was murdered by two inmates while another guard in Indiana was "brutally
stabbed," he said. Glover also noted a 2006 report from the BOP that reported inmate-on-staff assaults increased 6 percent
over the prior fiscal year.
To increase the safety and security of federal prisons, Glover and Lappin urged Congress to direct BOP to hire more staff.
Lappin also recommended other solutions, such as expanding inmate housing at existing facilities; funneling nonviolent criminal
aliens, which make up 10 percent of the prison population, to private prisons; and reducing the prison population or the amount
of time a prisoner serves.
The likelihood that the BOP will hire more staff, however, seems remote, says Glover.
The BOP has decided that none of the money allocated in FY 2009 and that will eventually be allocated in FY 2010 will
go to hiring more correctional officers, rather it will be spent to "rebuild various BOP operational activities (inmate care
programs and prison facility maintenance and security functions) that were allowed to erode due to years of inadequate salaries
and expenses account funding," Glover told lawmakers.
The list of offenses reads like a police blotter during a full moon.
June 25, Inez, Ky.: Inmate stabs officer with shank covered with feces.
July 7, Anthony, Tex.: Prisoner places officer in headlock and beats him.
July 13, Hazelton, W.Va.: Inmate throws feces and urine on officer.
Friday, Springfield, Mo.: Inmate strikes Bureau of Prisons officer in the head after inmate was told
to pull up his pants.
The stomach-turning catalogue of violence against federal prison employees, provided by the American
Federation of Government Employees, is long, serious and apparently unending. The assaults are sometimes fatal.
In June 2008, Jose Rivera became the first Federal Bureau of Prisons officer killed in the line of
duty in 11 years when he was stabbed by inmates at a penitentiary in Atwater, Calif. Less than a year later, on April 23,
another correctional officer, whose name the bureau would not release, was stabbed in a federal prison in Terre Haute, Ind.
"BOP prisons have become increasingly dangerous places to work, primarily because of serious correctional
officer understaffing and prison inmate overcrowding problems," Phil Glover, a union official, told a congressional panel
Tuesday.
The inmate-to-staff ratio is more than one-third greater than it was in 1997, federal figures show.
"Systemwide, the BOP was operating at 37 percent over its total rated capacity" as of July 2, the bureau's
director, Harley G. Lappin, told the House Judiciary subcommittee on crime, terrorism and homeland security. But high-security
facilities, where the most violent offenders are kept, are 50 percent over capacity.
Medium-security pens are almost as crowded. In about 20 percent of those facilities, cells are triple-bunked, "and in many
institutions, inmates are being housed in space that was not designed for inmate housing," Lappin said.
As overcrowding increases, so do assaults. Inmate-on-staff violence rose 6 percent and inmate-on-inmate violence jumped
16 percent in fiscal 2006, compared with the previous year, Glover said, citing BOP statistics. In addition to being the legislative
coordinator for the union's Council of Prison Locals, he is a correctional officer in Loretto, Pa.
Although much of the hearing dealt with issues such as inmate health care and the overblown topic of terrorists in U.S.
correctional facilities, the most gripping part of the discussion focused on the safety, or lack of it, of the 34,000 federal
correctional officers and employees who work in the prisons. Glover blamed Lappin for allowing the number of officers to fall
too low for the growing inmate population they theoretically control.
Union leaders want Lappin's head to roll.
Glover said that "BOP management is failing to take advantage of increased federal funding to hire additional correctional
officers," despite Lappin's assertion that increasing staff levels is his top priority.
Glover said that $160 million in the current budget has not been spent to hire officers and fill other needs, as Congress
intended, and that BOP has no plans to spend $70.5 million provided to increase officer staffing next year.
Not so, Lappin said. "All of the money we have for salaries is being put to use for salaries and benefits for staff," he
said after the hearing.
Glover told lawmakers that they should direct the Bureau of Prisons to take action that would enhance staff safety. The
federal employees' union says two correctional officers should be assigned to each housing unit; officers should be provided
batons, pepper spray and stun guns in potentially dangerous situations; and the use of protective vests should be subject
to "a more reasonable implementation policy."
Labor and management clearly have their differences, but they agree that prisons with too many inmates who have too little
work become breeding grounds for violence against each other and staff members.
Federal Prison Industries provides inmates with jobs and a chance to develop skills and improve their work ethic as they
produce goods for sale. "It also keeps inmates productively occupied," Lappin said. "Those who participate in FPI are substantially
less likely to engage in misconduct."
But that won't be the case for 1,700 inmates who are losing their jobs. Last week, 19 prison factories began closing or
cutting back operations. Work hours are being cut for other inmates.
The union doesn't represent those prisoners, but it argues for their jobs, for altruistic and selfish reasons.
The loss of inmate jobs, Glover said, "would seriously endanger the safety of our members -- the correctional officers
and staff who work inside BOP institutions."
The government-owned company that
employs federal prison inmates is closing some factory operations at 14 prisons and downsizing operations at four more amid
multimillion-dollar losses, according to a copy of a memo provided by a prison union official.
ByCATHERINE TSAI
DENVER —
The government-owned company that employs federal prison inmates is closing some factory
operations at 14 prisons and downsizing operations at four more amid multimillion-dollar losses, according to a copy of a
memo provided by a prison union official.
Federal Prison Industries Inc., or UNICOR, has lost $20 million year to date and has
lost money the last seven months, according to the memo Wednesday from Paul Laird of the Bureau of Prisons.
The Associated Press received a copy of the memo from Phil Glover, national legislative
coordinator for the Council of Prison Locals, American Federation of Government Employees.
The memo didn't say how many staff jobs were affected. Bureau representatives didn't
return after-hours phone messages.
Laird wrote that the company has excess production capacity, and cost-reduction initiatives
weren't enough to bring profits.
The memo said the company started closing factories at eight prisons Tuesday in various
states and will close operations at specialized units at six more prisons. Operations at four more prisons will be downsized.
The initiatives are expected to save nearly $16 million a year in operating costs,
beginning in late 2010, Laird wrote in the memo.
"This was an extremely difficult decision because it affected a number of dedicated
FPI staff. However it is critical that FPI not incur costs that we have insufficient business to support," he wrote.
Glover said Laird told union officials early this year that the company was projecting
multimillion-dollar losses for the year.
Glover said the military hasn't been buying as much equipment from the company. At
the Loretto federal prison in Pennsylvania where he is a correctional officer, the factory was running two shifts, five days
a week, to keep up with orders for communications cable during the Iraq war, he said.
The workload is now down to four days a week, with one shift and almost 200 fewer inmates
working, Glover said.
Glover estimated 100 non-inmate jobs could be affected by the factory downsizing, although
workers could be offered other corrections jobs. The larger issue, though, is what will happen with inmates who lose jobs
- a big safety issue for corrections officers, Glover said.
"Idle inmates are always a recipe for disaster," said Mike Schnobrich, a correctional
officer and treasurer for an American Federation of Government Employees local union in Colorado. "One of the benefits of
having UNICOR is it takes up inmates' time. They're being productive, they're busy working."
The company had 21,836 inmate employees and 109 factories at 76 locations as of Sept.
30, 2008. The program is aimed at preventing recidivism and teaching inmates job skills.
Correctional officers need help to increase fed. prison staffing
To the Editor:
First, I would like to take the time to thank Mr. Nelson Trout for his public remarks in the newspaper
concerning our union's fight for a safe work place in this already dangerous and unstable environment
(The News, July 7, 'Use stimulus money for prison staffing'). This week, I sat at home and watched as most Americans did the
memorial services for Michael Jackson. During this time, the news anchor commented on the expense that
was incurred by the city of Los Angles and the state of California to
put together that remarkable event. He also commented on the strain that it placed on the city's budget
for putting on this event. Those comments then left me tothink — how we as Americans
can accept the fact that there is no money to pay for the life of many in the Federal Bureau of Prisons, but
we can pay this type of money to place one celebrity to rest. However,
a young man who served his country both in the U.S. Navy and in the Federal Bureau of Prisons was
brutally stabbed to death on the job and his burial was overlooked by
many. Did Officer
Jose Rivera get this same type of treatment as Michael Jackson? Are we still willing to place many other lives in jeopardy
behind those prison walls and fences? These are some of the questions that come to mind. This is while our correctional officers are proudly protecting
our communities and society from some of the most dangerous people in America and around the world, while
having. to work in conditions of understaffing and overcrowding in federal prisons. Just this week at FCI Fairton, we received more inmates than we
have beds available to place them in. Yes, inmates sleeping on cots. Who cares about the safety of the correctional
officers and the support stall? When are we going to hire the staff necessary
to handle this increased inmate population. What price tag does the BOP have when it comes to staffing
prisons at a safe level or purchasing the necessary safety equipment needed to protect our officers and
support staff. As Americans, what are we willing to pay and do to protect the people who still remain working in
this dangerous environment behind our prison walls. Correctional officers walk one of the most dangerous beats
in our law enforcement society. I am asking the community to call on Attorney General Eric Holder,
your congressman and senators to mandate that the BOP management increase staff in our federal prisons
at an appropriate, safe level and give staff the safety equipment needed to do our job.
DAVID F. GONZALEZ
President,
AFGE Local 3975
FCI Fairton
TRUMKA SLATE SET TO FIGHT FOR WORKERS
Taken from UNION CITY! Metro Washington Council News,
AFL-CIO
"The party's over!" thundered Rich Trumka yesterday morning, issuing a stern
warning to America's bosses and political leaders as he officially announced his candidacy to lead the AFL-CIO. "American
workers have been beaten, cheated, lied to and stolen from," Trumka shouted, his words echoing in the University of the District
of Columbia's central plaza, "we're losing our jobs, our pensions and, quite frankly, our patience. We want a seat at the
table and we don't have a moment to waste. We will seize this moment and together, we will turn this country around!" Trumka's
stirring speech brought the crowd – which included dozens of top national labor leaders and hundreds of union staffers,
activists and rank-and-file members – to its feet, cheering and applauding. "Martin Luther King said that the time is
always right to do what's right," Trumka added. "If you stand with us, we'll stand with you. If not, you better step aside."
His speech capped the introduction of Trumka's slate, which includes Arlene Holt Baker for re-election as Executive Vice President
and Liz Shuler – currently executive assistant to IBEW President Edwin Hill - for Secretary-Treasurer. In addition to
promising a renewed focus on mobilizing and organizing, all three candidates emphasized the labor movement's need to appeal
to young workers. "How many of you have a Facebook page?" Shuler asked. "Friend me! Follow us on Twitter and watch us on YouTube."
Everyone who spoke paid tribute to outgoing President John Sweeney, including Holt Baker, who called him "a man of great humility,
who's been there for us through challenging times." Noting that "Corporate America sees no difference between us, just the
threat we pose" to their power, Trumka called for unity in the American labor movement. "We must join forces, or the opportunity
to rebuild the labor movement will slip through our fingers like sand." Metro Council President Jos Williams served
as Master of Ceremonies for the event, noting that "collaboration is underway between local labor leaders, community groups,
and faculty to establish an organizing institute here on campus." The election will take place at this year's AFL-CIO convention
in September; No other presidential candidate has announced. Gregory Junemann, president of IFPTE, also is running for secretary-treasurer.
Click here for Mike Hall's AFL-CIO Now blog report.
Inmate fight at Beaumont penitentiary causes lockdown
ByBLAIR DEDRICK ORTMANN
July 6, 2009 Posted: July 6, 2009, 1:49 PM CDT Last updated: July 6, 2009, 4:11 PM CDT
A fight Sunday evening involving a group of inmates has caused the U.S. Penitentiary - Beaumont to be put on lockdown.
Staff gained control of the incident immediately, a release from the correctional complex stated, and one inmate, who was
treated for a contusion at a local hospital, has been returned to the prison.
There were no injuries to staff members, and there was no threat to the community, the release stated.
The lockdown, a state of increased security and inmate supervision, has been put into place while the incident is investigated,
the release stated.
During lockdown, inmates are generally confined to their housing units or cells shile services such as meals, medical care
and showers are provided to all inmates within their assigned units.
Visiting has been suspended during the lockdown, but it is anticipated to be back to normal operations shortly, the release
stated.
U.S. Marshals searching for prisoner who was allowed to take himself to halfway house
ByNaples Daily News staff report
U.S. Marshals are searching for a prisoner from Fort Myers who recently walked away from an unescorted move to a halfway
house in the city.
Kent George Sawyer, 43, was serving a 92-month sentence for a 2003 drug possession conviction. Held in a low-security prison
at the federal Coleman complex in Orlando, Sawyer was granted a June 8 move to the halfway house, according to an affidavit
filed in federal court.
He was permitted to travel unescorted to the home, the Salvation Army Residential Reentry Center on Edison Avenue.
Sawyer was to take a taxi from the prison to the Orlando bus station and catch an afternoon Greyhound bus to Fort Myers,
arriving no later than 8:35 p.m. Sawyer would then take a taxi to the reentry center, arriving no later than 9:05 p.m., according
to the affidavit.
When he didn't show up, the Bureau of Prisons notified marshals that Sawyer had escaped.
The U.S. Marshals Service filed a criminal complaint against Sawyer on Wednesday. In the affidavit, Deputy U.S. Marshal
Paul Smith stated that Sawyer still hadn't been found.
The Bureau of Prisons grants furloughs to prisoners who meet "strict requirements," according to its Web site. Reasons
for the unescorted trips include family emergencies and efforts to aid the prisoner's eventual release.
Sawyer showed no disciplinary problems in prison, according to court documents.
His sentence, originally for 110 months, was reduced last year to match newly lowered federal crack cocaine sentencing
guidelines.
House unanimously approves
FERS sick leave bill
By ELISE CASTELLI
June 25, 2009
The House unanimously approved a bill that could increase the pensions
for hundreds of thousands of federal employees covered by the Federal Employees Retirement System (FERS).
The measure credits the unused sick leave of retiring FERS employees
toward their time-in-service when calculating their pensions. There are roughly 1.4 million employees in the FERS. Employees
under the older Civil Service Retirement System (CSRS) have always had this benefit.
The House approved the measure, called the Disabled Military Retiree
Relief Act of 2009, by a 404-0 vote. It now moves to the Senate, which stripped similar provisions from a bill giving the
Food and Drug Administration the authority to regulate tobacco.
The bill also allows FERS employees who leave and thenreturn
to federal service to get credit for their previous service and to redeposit their retirement annuities so they can receive
a pension for their entire federal service. CSRS employees already have this benefit.
But CSRS employees also would benefit from the bill if it gets passed.
It would let CSRS employees who choose to work part-time at the end of their careers collect their full annuities.
The bill also extends locality pay to Alaska, Hawaii and U.S. territories,
which currently only get cost of living adjustments (COLAs). The region would begin transitioning to the locality pay system
starting in January 2010, when employees would receive one-third of the locality pay percentage for the rest of the U.S. In
2011, those employees would receive two-thirds of the locality pay percentage. And in 2012, they would receive full locality
pay.
COLAs are based on higher cost of goods and services in regions while
locality pay aims to close the pay gap between public and private-sector employees. Employees who are paid COLAs get smaller
annuities when they retire because locality pay boosts base salary, which can be counted toward their annuity calculations.
Prisons dangerously understaffed
To the Editor:
I am David F. Gonzalez, the local union president of AFGE Council of Prison
Locals Local 3975, located at Federal Correctional Institution, Fairton, N.J. I would like to take a moment to educate the
local community on the hurdles that we face as federal correctional officers on a dally basis and why we need your support.
On June 20, 2009, this marked the one-year anniversary of Officer Jose Rivera's death in the federal prison in Atwater, Calif.
While locking inmates into their cells by himself in June of last year, Officer Rivera was stabbed to death by inmates. Officer
Rivera had no stab-proof vest. Officer Rivera was a veteran who served in Iraq and though he survived in Iraq, he was murdered
doing a job that most folks don't understand. A year later, correctional officer's working in the federal prisons still lack
the necessary safety equipment and are unarmed, we still have a severe staff shortage and on certain shifts one correctional
officer in the housing units. You would think after losing a young life such as Officer Rivera a
year ago, that the light would go off and someone, somewhere would say, this has to stop before someone else gets killed.
Most recently, on April 23, an officer at a federal prison in Terre Haute, Ind., was stabbed seven times by an inmate in a
murder attempt. A week later, in a federal prison in Tucson, Ariz., a correctional officer was attacked and could not radio
for help because his radio had been grabbed. Responding staff came to his aid only after being alerted by another inmate.
These are just some examples of what we as federal correctional workers have to face every single day we go behind that fence,
regardless of how we are staffed. Now, what issues do we face today, when we are using support staff such as a secretary or
a case manager or even a plumber to take the place of a correctional officer. On the evening and morning shifts, staff are
outnumbered 100 or 200 to one. This is because what is told to we
don't have the money to hire enough staff
that is needed to fulfill the agency mission on a daily basis or, most important, purchase the proper safety equipment for
staff. The dangerous federal prison conditions has the BOP staff and the union wondering why are we so short-staffed when
the agency has been given a budget by Congress that includes increases every year. As a local union president for the last
9 years, I still cannot understand this. The actions taken by the agency also puts the community at risk as well, so every
one of us has a stake in the running of these unsafe and understaffed prisons. The union is calling on Congress to provide
an increase to the agency's budget and, most important, direct the agency to use a big chunk of this increase to hire new
correctional officer's now — before we have another incident like what happened to my fallen brother on June 20, 2008.
Keeping Hope Alive
By Alex M. Parker
Last week lawmakers left employee groups disappointed when they stripped a gargantuan tobacco regulation bill
of language that would have resolved an inequity in how sick leave is treated in the two major federal retirement systems,
and made it more attractive for employees in the newer system to return to government after a stint in the private sector.
Luckily for federal employees, these provisions aren't necessarily lost for good.
There is a decent chance they could crop up later this year as amendments to other bills, supporters say.
In addition to the measure that would have allowed Federal Employees Retirement System
members to count unused sick time toward their retirement benefits, a provision could resurface that permits FERS workers
to redeposit retirement funds collected after leaving government upon returning for a second round of service. There is one
caveat: workers would have to redeposit not only the amount they took upon leaving, but also the interest the money would
have earned had they left it with the government.
One big hurdle in tacking these measures onto other bills, however, will be bringing
them in compliance with pay-go rules, which require that all new entitlement programs or tax cuts be offset by spending cuts
or revenue increases.
In the tobacco bill, the cost of implementing the provisions would have been offset
by increased revenues from a Roth 401(k) option added to the Thrift Savings Plan, at least in the short term. (In a Roth account,
workers contribute income that already has been taxed in contrast to a traditional retirement account, which is not taxed
until the money is withdrawn.) Of course, once Roth contributors retire, they would withdraw that money tax-free, counteracting
the government's earlier gains. But the Congressional Budget Office only estimates the cost of a bill for 10 years after it
is enacted.
If lawmakers want to attach the provisions to a different bill, they will have to
couple them with new revenue-generating or cost-cutting proposals.
But despite this challenge, it is unlikely the tobacco bill will be the last that's
heard of the provisions, supporters say.
SSI Solution
Soldiers and other uniformed service members who receive combat pay soon might not
have to worry about whether that pay would prevent their family from collecting Supplemental Security Income.
The proposed rule change, posted
in the Federal Register on June 11, would designate that combat pay not
be factored in to the calculation of whether a service member or his or her family would qualify for SSI, which is administered
by the Social Security Administration and is available to those who are elderly, disabled or have limited income.
"These proposed rules would protect spouses and children of members of the uniformed
services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone," the notice stated.
According to the proposed rule, most military members probably are not eligible for SSI benefits themselves, but their family
members may be. Current rules already discount "hostile fire pay," but the change would broaden that to include all types
of additional pay given for serving in a combat zone.
"We determined that it would be inequitable to deem that pay as income and reduce
family members' benefits or potentially render the family member ineligible for SSI," government officials wrote in the notice.
Citizens can submit comments on the proposal until Aug. 10 via the Web site Regulations.gov, by fax to (410)
966-2830, or by mail to:
Commissioner of Social Security P.O. Box 17703 Baltimore, Md. 21235
Comments also can be hand-delivered to SSA's Office of Regulations at 922 Altmeyer
Building, 6401 Security Blvd., Baltimore, between 8 a.m. and 4:30 p.m.
Marion, Illinois, Mayor
Would Welcome Guantanamo Prisoners
Produced by City Room
A
downstate Illinois mayor says he'd welcome the transfer of former Guantanamo Bay detainees to a prison in his city. Robert
Butler is the mayor of Marion, Illinois. He says his hometown federal prison could hold some of the 229 suspected terrorists
once the prison in Cuba closes.
BUTLER: If they're not going to shoot them, or ship them to the North Pole or some
place - get them out of society and keep them out - this facility would probably be as good as any.
Illinois U.S. Sen.
Dick Durbin suggests the Marion penitentiary could be expanded to accommodate Guantanamo detainees. But a representative for
the federal Bureau of Prisons says she's not aware of any plans to move terror suspects to Marion.
Critics say holding
suspected terrorists in the United States would pose a security threat.
Doubts on Handling Terror Detainees End at U.S. Prison Gates
By SOLOMON MOORE
VICTORVILLE, Calif. — The watchtowers of the federal penitentiary here rise above the
desert hills like austere minarets. Inside, about 1,500 men are held in cells encased in thick concrete. The prison is wired
with electronic sensors and cameras. Some 220 correctional officers keep watch.
The men here are among the most dangerous and most violent criminals in the nation. They include assassins, drug kingpins
and members of fearsome criminal gangs. Officials say the penitentiary also holds more than one of the 216 prisoners serving
time in the United States for crimes related to international terrorism.
Prisons like this could figure prominently in the Obama administration’s effort to close the prison at the naval
base in Guantánamo Bay, Cuba. Politicians in both parties have expressed doubts that mainland prisons could safely hold those
detainees, but federal prison officials say they share no such qualms.
Since the Victorville United States Penitentiary opened in 2005, no one has escaped, nor, prison officials said, has anyone
even tried. No international terrorist has escaped from any part of the federal prison system, officials say.
“We’re more concerned about gangs like the Aryan Brotherhood, the Crips and the Bloods than anything having
to do with terrorists,” said Joseph L. Norwood, the warden at the Victorville prison complex, which also has three lower-security
prisons with a total of 4,400 inmates.
In negotiations over a $106 billion supplemental spending bill for the Iraq and Afghan wars, Congress recently reached
a temporary compromise that allows detainees from Guantánamo to come to the United States to face trial. The deal will give
the Obama administration time to rework its plan to close the Guantánamo prison by next January.
Last week, the first Guantánamo detainee to be transferred to the United States for trial, Ahmed Khalfan Ghailani, was
arraigned on charges that he had conspired to bomb the United States Embassies in Kenya and Tanzania in 1998. He is at the
Metropolitan Correctional Center in Manhattan.
Bureau of Prison officials declined for security reasons to provide a list of names or locations of imprisoned international
terrorists, but they agreed to offer a tour of the penitentiary here, about 70 miles northeast of Los Angeles, to demonstrate
the kind of security that would be in place should Guantánamo detainees be moved to prisons like this one.
In a recent visit, Mr. Norwood, a quiet, stocky man with a crew cut, led a reporter from a conference room near the front
of the penitentiary through a pair of sliding metal gates that never open at the same time.
Beyond the gates is a 20-foot “no man’s land” between the administrative offices and the inmate housing
units. A collapsible barbed wire fence runs along the outside of the strip. Razor wire swirls along the fence, which is rigged
with sensors to detect attempted breaches. At night, the security strip is bathed in light and kept under constant surveillance
by guards with rifles.
Beyond another set of airlock security doors is a long hallway separating the inmates’ living quarters and the dining
hall from the dusty recreational fields and basketball courts at the center of the prison. The hall is interrupted by gates
every several feet to control the prisoners’ movement.
“Our thing is control,” said Charles Ringwood, a prison spokesman. “The schedule is controlled. All movements
are controlled. Everything has to be controlled.”
Standing above the prison yard, Guard Tower 7 forms the hub of the penitentiary. Wire fences slice the recreation yard
into sections. Inmates in standard-issue khaki uniforms played a full-court basketball game in one section; in another, inmates
walked in a circle. There were no free weights, which have been banned in most federal prisons.
Inmates live in six triangular housing pods arrayed around the prison yard, each holding about 250 prisoners. Inmates from
different housing units rarely associate with one another. Each housing pod has two levels of cells around a common area.
Inmates can use earphones to listen to televisions, which are affixed to a post. The area has payphones and a microwave for
food bought at the commissary.
Inmates sleep in two-bunk cells. Random searches are conducted daily. Prisoners are counted five times each day —
at 4 p.m., 10 p.m., midnight, 3 a.m. and 5 a.m. Inmates deemed to be “high security risks,” including some international
terrorists, must check in with prison staff members every two hours. Those who do not may be sent to the Special Handling
Unit, a set of isolation cells where inmates have little or no contact with others.
The isolation cells were full, Mr. Norwood said, with 235 inmates there for reasons including violence and disobeying commands.
Some are there to be protected from other prisoners. Prisoners generally stay in isolation cells for one to six months, Mr.
Norwood said.
The Bureau of Prisons Web site shows that international terrorists are held at many of its 115 facilities, including some
medium- and low-security prisons. Officials say they are up to the task.
Bryan Lowry, a union leader for federal correctional officers and a guard at the medium-security prison in Forrest City,
Ark., said terrorists were handled like any other inmates.
“At Forrest City we’ve housed some terrorists like Terry Nichols and Timothy McVeigh” of the Oklahoma
City bombing, Mr. Lowry said. “We have detained some very dangerous, violent inmates. But our staff are well-trained.
We are professional, and I believe we can take on any mission and house any type of inmate.”
House members ask Obama to bring back labor-management partnerships
By Alyssa Rosenberg
Three Democratic lawmakers have asked President Obama to restore a labor-management partnership council established by
President Clinton and abolished by President Bush.
"Union leaders with whom we have spoken agree that the labor-management partnership recognized the importance of employees
and their employee representatives to smooth collegial decision-making in the government," wrote Reps. Edolphus Towns, D-N.Y.,
and Stephen Lynch, D-Mass., and Del. Eleanor Holmes Norton, D-D.C., in a June 2 letter to the president. "The council served
the essential purpose of maintaining communication between the heads of executive agencies and the president to better serve
the public."
Clinton created the governmentwide National Partnership Council in a 1993 executive order, and directed agencies to establish
their own groups. But Bush shut down the partnerships with a 2001 executive order. In 2007, Rep. Danny Davis, D-Ill., and
Sen. Daniel Akaka, D-Hawaii, introduced legislation that would have written the councils into law; the bill did not make it
out of committee in either chamber of Congress.
Reviving the labor-management partnerships has been a priority for federal unions, though there has been some disagreement
about the form the partnerships should take. John Gage, president of the American Federation of Government Employees, has
said he would prefer a version of partnership that did not require employee and management representatives to be trained in
negotiation tactics that focus on reaching compromises and consensus. Other unions have praised the Clinton-era partnerships
for fostering greater collaboration between labor and management, and a number have submitted drafts of a potential executive
order.
"Partnership, collaboration, cooperation -- it does not matter what it is called," said Colleen Kelley, president of the
National Treasury Employees Union. "The idea is that a mechanism be established by which employees' voices can be heard in
a nonadversarial forum where everyone retains their rights and where the objective is raising and talking through ideas that
address ways to reach common goals."
Even absent an executive order, the Obama administration has shown some interest in restoring partnership. Lisa Jackson,
administrator of the Environmental Protection Agency, voluntarily restarted EPA's partnership council. And Office of Personnel
Management Director John Berry said during his confirmation hearing that he wanted to increase labor-management collaboration
within OPM to set a strong example for the rest of government.
On June 14, 2009, at 4:00 PM, while conducting the official count, staff at the Taft Correctional
Institution discovered that one inmate was missing from the Institution’s Satellite Camp facility. The Satellite Camp
is a minimum-security facility that houses approximately 550 federal inmates. There is no security fence around the facility,
which is common for a minimum-security facility within the federal prison system. Minimum security is the lowest security
level in the federal prison system.
Taft Correctional Institution immediately contacted all appropriate law enforcement
agencies including the Taft Police Department, Bakersfield Police Department, Kern County Sheriff’s Department, California
Highway Patrol, Federal Bureau of Investigation, Maricopa Police Department, Federal Bureau of Prisons, and United States
Marshals Service.
Inmate Stephen Thomas, Register Number 08654-062, was sentenced on November 9, 2000, in the Northern
District of Oklahoma, to 240 months in federal custody for Conspiracy To Possess With Intent To Distribute A Controlled Substance.
He arrived at the Taft Correctional Institution Satellite Camp on March 24, 2008, as a lesser security transfer from FCI Texarkana.
His projected release date was November 14, 2017, via Good Conduct Time Release.
If anyone suspects they have seen
this individual or obtains information as to his location, please contact the Taft Correctional Institution at 661-763-2510,
or any of the law enforcement agencies listed in this press release.
Schock says closing Guantanamo poses risks to U.S.
The Guantanamo Bay detention center, with the largest known al-Qaida cell in the world being held there, is an invaluable
asset to U.S. military and intelligence operations, said U.S. Rep. Aaron Schock.
Closing it would strip the U.S. military of key information in fighting terrorism and pose a threat to national security,
said Schock, R-Peoria, who toured the facility in Cuba on Monday with five other members of Congress.
"Individuals who will remain there are the most hardened criminals who pose the greatest danger and threat to the U.S.,
and there is no safer or more appropriate place to keep them than Guantanamo Bay," Schock said. ". . . A place that has a
stellar reputation of treatment, of security with no escapes and still allows us to gather assets for our intelligence community.
"When (military officials) are describing who the individuals are, what they have done and what they can do, the plots
that they've discovered, the information they've been able to provide our government, you are very glad that they are there
and not here."
On the tour with Schock were three other Republicans and two Democrats, including U.S. Rep. Jan Schakowsky, D-Evanston.
During the five- to six-hour tour, the group saw all six detainee camps - three now are vacant - which include minimum to
maximum security facilities and house upward of 250 prisoners, mostly captured in Afghanistan after the Sept. 11, 2001, terrorist
attacks, Schock said.
President Barack Obama has vowed to shutter the prison by early 2010. The Senate recently voted to keep the prison open
and forbid the transfer of detainees to the United States after a similar move in the House.
At its height, the facility housed about 500 prisoners. The least harmful have been processed and sent back to their home
countries, and those who remain are the most dangerous and still operate under the al-Qaida hierarchy of power, Schock said
he was told.
The Peoria congressman was surprised to learn torture techniques never have been used at Guantanamo Bay. He said prisoners
have access to a library, computers, television, newspapers and receive three meals daily.
Military officials "never invoked involuntary interrogation. They (gather information) by building relationships with individuals,"
Schock said.
Allowing those prisoners to infiltrate U.S. prisons poses safety concerns not only to the communities in which they reside,
but the prisoners and others who could be subject to their "hatred and ideology," Schock said.
U.S. Sen Dick Durbin, D-Springfield, has called Guantanamo a "recruiting tool for terrorists around the world" and said
it should be closed. U.S. prisons are capable for handling the transfers, he continued.
"The reality is that we are already holding some of the world's most dangerous terrorists in federal prisons, including
the mastermind of the 1993 World Trade Center bombings, the Shoebomber, the Unabomber and many others," Durbin said in May.
"The Bureau of Prisons is currently holding 347 convicted terrorists. Clearly, our prison guards know how to hold terrorists."
Some Democrats oppose closing the facility, saying bringing detainees from Cuba to the U.S. could pose security threats.
U.S. Rep. Phil Hare, D-Rock Island, also does not support closing Guantanamo Bay.
"It has become a moral black eye for our nation and a detriment to our national security," said Hare spokesman Tim Schlittner.
"However, (Hare) believes the president should submit a detailed plan regarding how and where detainees will be housed
before proceeding with its closure."
Schock said a more logical approach is more transparency into Guantanamo.
"It's very easy to be critical of a facility you've never seen, of a process you know very little about," Schock said.
"There is no price that can be put on keeping America safe. And there is no better place for them to be other than Guantanamo
Bay."
Union criticizes prison bureau for understaffing, lack of safety equipment
By Alyssa Rosenberg
June 12, 2009
The American Federation of Government Employees blasted the leadership of
the Bureau of Prisons on Thursday, saying the agency was understaffed and jeopardized corrections officers' safety by failing
to provide them with stab-resistant vests. An agency spokeswoman said the bureau was working on both issues.
"We have lost all faith in the Bureau of Prisons management," said John Gage,
president of AFGE. "We think their whole understanding of the mission of the bureau is outdated, it's wrong. We are taking
our case to the attorney general; we believe it is his responsibility to correct this situation immediately."
Between 2002 and 2006, the agency lost about 4,600 correctional officers as
the inmate population in federal prisons rose, according to Phil Glover, legislative coordinator for AFGE's Council of Prison
Locals. In 2000, there were 145,000 people incarcerated at 115 federal prison facilities, the union said. Today, those facilities
hold 205,000 inmates.
Inadequate staffing contributed to an increase in violent incidents, AFGE
officials said. Between fiscal 2005 and 2006, inmate assaults on other inmates rose 15.5 percent, and assaults on prison staff
rose 6 percent, according to the union's statistics.
President Obama included funding for a Bureau of Prisons staff boost in his
fiscal 2010 budget proposal, but Gage said he was concerned that the agency's director, Harley Lappin, would spend the money
on other priorities. Felicia Ponce, a spokeswoman for the bureau, said the agency planned to make new hires "to the maximum
extent possible within the enacted resources."
Staffing is only one of the issues AFGE is targeting. Union officials said
the bureau should provide all correctional officers with stab-resistant vests when they work in dangerous units. The vests
cost about $400 each, and must be custom-fitted to be effective.
In a November letter to Lappin and a May follow-up to Attorney General Eric
Holder, AFGE said the bureau was making vests available only to corrections officers who asked for them. The agency then subjected
those officers to disciplinary action if they did not wear the vests at all times, even if they were doing office work, union
officials said.
Ponce said the final policy would be determined by negotiations between the
Council of Prison Locals and the bureau, echoing the agency's March 2009 response to AFGE General Counsel Mark Roth's November
letter.
"Both the union and BOP management supported ordering and issuing stab-resistant
vests to staff prior to conducting bargaining," Ponce said. "Negotiations regarding the vests are presently under way, and
the parties have successfully negotiated many proposals."
Gage said he thought the agency should not wait until bargaining is over to
give officers vests and nonlethal weapons such as pepper spray, Tasers and batons.
Safety issues have become particularly heated as the one-year anniversary
of the murder of corrections officer Jose Rivera by two federal inmates approaches. Rivera's family has filed a $100 million
lawsuit against the bureau, Lappin and other agency officials.
The Justice Department Board of Inquiry's report on Rivera's June 20, 2008,
stabbing found that the U.S. penitentiary in Atwater, Calif., where Rivera worked, had 332 staffers, even though there were
389 positions available. Thirty percent of the prison's workers had less than three years of experience, and 80 percent had
been with the bureau for less than a decade.
The report also noted that the coroner who examined Rivera determined the
cause of his death was two stab wounds that punctured his heart, though he was stabbed many more times. AFGE and Mark Peacock,
the lawyer representing Rivera's family, contend that if Rivera had been wearing a stab-resistant vest, he would not have
died in the assault.
Ponce said that because court cases against Rivera's assailants and Peacock's
civil suit are pending, and because the bureau has not released the Board of Inquiry's report, the bureau would not comment
on the report or its recommendations.
Marking guard's slaying, activist seek changes at federal prisons
Michael Doyle | McClatchy Newspapers
last updated: June 11, 2009 07:30:45 PM
WASHINGTON — Union activists are using the one-year anniversary of Atwater prison guard Jose Rivera's slaying to
amplify their demands for reform and reinforcements.
Stabbed to death at U.S. Penitentiary Atwater on June 20, 2008, Rivera is now near the status of political symbol. On Thursday,
his picture stood near center stage as union leaders repeated their call for the resignation of Bureau of Prisons Director Harley Lappin.
"We have lost all faith in the Bureau of Prisons' management," John Gage, president of the American Federation
of Government Employees, declared at the National Press Club.
Gage previously asked Attorney General Eric Holder to fire Lappin in May, as have, repeatedly, leaders of the affiliated Council of Prison Locals. Holder
has not responded publicly, and there's no apparent groundswell of anti-Lappin sentiment on Capitol
Hill.
A Bureau of Prisons spokesman could not be reached to comment.
But with events like the news conference Thursday, and with a newly filed
lawsuit promising to shed more light on how Rivera died, family members and leaders of the unions that represent correctional
workers are trying to reclaim the offensive.
"We're angry," Council of Prison Locals President Bryan Lowery said Thursday. "We're upset."
Specifically, the union leaders want more guards to handle the 206,000 inmates now in federal prison.
Currently, the Bureau of Prisons employs about 16,000 correctional officers
-- guards -- in addition to about 28,000 other correctional workers. The union leaders also seek wider distribution of stab-resistant
vests.
From Congress, the activists hope for increased overall funding as well as hearings into prison safety issues.
"Tight budgets have ... meant that we have not been able to increase our staffing to the level necessary to keep pace with
the population growth," Lappin acknowledged in testimony before a House panel in March, adding that "increased crowding and
an increase in the inmate-to-staff ratio result in an increase in serious assaults."
The unions' public relations campaign includes a bit of hype, like the four members
of Congress who were said to have been invited to the National Press Club
news conference but who did not show up. The applause following some of the presentations Thursday came not from journalists
but from union supporters filling the room. Those attending included Andy Krotik, an Atwater Realtor and spokesman for Friends & Family of Correctional Officers.
"They're right on the mark," Krotik said of the concerns raised anew Thursday.
Rivera became the first federal correctional officer in a decade to die
in the line of duty when he was stabbed. Prosecutors have charged former Atwater inmates Jose Cabrera Sablan and James Ninete
Leon Guerrero with the killing.
The June 20 slaying occurred one day after Guerrero arrived from another federal prison, from which he had been transferred
for disciplinary reasons. According to a Justice Department Board of Inquiry
report, obtained by attorney Mark Peacock on behalf of Rivera's family, Sablan, Guerrero and other inmates "began consuming
intoxicants" during the afternoon Rivera died.
The Board of Inquiry report states that Sablan first attacked the 22-year-old Rivera, who then ran. The inmates pursued
him. Rivera head-butted Guerrero and then kept running until he was tackled by Guerrero, who reportedly held him down while
Sablan stabbed the officer with an ice pick-type weapon.
"Inmate Sablan struck Officer Rivera approximately eight times in the torso until the arrival of the first staff on the
scene," the report states.
The first staffer to arrive was an unarmed female secretary, and the second was an unarmed female unit manager. The unit
manager "did not intervene or render assistance during the assault," the report found.
The Bureau of Prisons counts secretaries and administrative unit managers, among other non-guard correctional workers,
in calculating that there's a roughly 5:1 inmate-to-correctional staff ratio nationwide. Union officials contend this leaves
a misleadingly optimistic impression about correctional staffing.
Federal prisoners are transported via public bus lines
Posted by: Budget Travel, Wednesday,
Jun 10, 2009
In the past three years, about 5,000 minimum-security inmates have traveled between prisons on Greyhound
and other bus lines.
Only inmates who are near their release date and who are judged to be "a minimum security risk" are sent on commercial
buses.
Some bus owners are upset. Bus operators do not accept on their coaches "unguarded prisoners still serving time for their
crimes," a spokesperson for their association tells Budget Travel. Greyhound and hundreds of other bus operators
did not know about this practice until this spring, the spokesperson adds. The story was broken by investigative reporters
with the Dallas/Ft. Worth TV station WFAA.
But it will be difficult for bus drivers do anything about the practice. The inmates are on furlough, and during a furlough
an inmate can wear ordinary personal or work-release clothing. In other words, no one would recognize these passengers as
prisoners by their dress.
The Federal Bureau of Prisons has not changed its practice of buying bus tickets for inmates, despite a letter of complaint
from the bus owners' group. A spokesperson for the Bureau of Prisons says that using their staff or any other type of escort
would be an unnecessary cost to the taxpayer. The Bureau spends more than $1.5 million a year on bus tickets for inmates from
all 114 of its institutions.
It turns out that there are two types of inmates traveling by bus.
The first group is not controversial. These are inmates leaving prison for good, heading to halfway houses (listed here),
where they're able to find jobs, attend medical appointments, and sign up for schooling. These inmates have served their allotted
jail time. They travel without escorts. The federal government bought bus tickets for about 84,600 of these inmates in the
past three years. And America's major bus lines don't mind these passengers. If an inmate has "paid his or her debt to society"
and is "deemed rehabilitative," they're welcome to ride, says a spokesperson for the bus owners's association.
A second, smaller group of inmates is controversial, however. Nearly 5,400 inmates in this group have been transferred
in recent years from minimum-security prison camps to other minimum-security prison camps. These are minimum risk offenders,
a spokesperson for the Bureau of Prisons (BOP) told Budget Travel. The inmates are non-violent, just as Martha Stewart
was when she was jailed. Naturally, the prisons for these minimum-security prisoners don't need perimeter fences or armed
guards.
Out of this latter group of prisoners, a few do escape from the buses as they travel between prison camps. For example,
between 2003 and 2005, 77 inmates escaped en-route and 19 of them were not immediately taken back into custody, reports the
AP. But a spokesperson for the Bureau of Prisons says these numbers need to be put into perspective. Less than 0.2 percent
of inmates fail to report to their intended location. In other words, it's a rare occurrence. When inmates abscond, they run
the risk of being re-captured and returned to a higher security institution than they had previously been in.
Note: Maximum-security prisoners are never transported by commercial bus. Those prisoners are always escorted by armed
officers from prison to prison, says a Bureau spokeswoman.
Greyhound has asked federal authorities to stop using its buses. Its officials remain concerned and "support[s] the industry's
efforts to put a stop to it," a company spokeswoman tells Budget Travel. Greyhound has worked informally with the
Bureau of Prisons in the past by escorting completely released prisoners from institutions, but has never had a corporate
contract, a Greyhound spokeswoman told Budget Travel. (As noted above, Greyhound isn't only company used to transport
prisoners. Other bus companies and taxi services around the U.S. are used, too.)
What do you think about the federal policy of sending inmates via major bus lines along with other passengers?
Worker at U.S. Penitentiary Atwater predicted trouble day before deadly attack
By CORINNE REILLY
A manager at U.S. Penitentiary Atwater predicted that someone would be killed if the two inmates accused
of murdering correctional officer Jose Rivera were allowed to live near each other, according to a newly released FBI report.
Even so, the inmates were placed in the same housing unit, the report says.
Rivera, a 22-year-old Navy veteran, was stabbed to death by two inmates inside a housing unit at the prison on June 20,
2008.
One of the inmates accused of killing him, James Leon Guerrero, was transferred to USP Atwater for disciplinary reasons
the day before the murder. According to the FBI report, which was released this week by an attorney representing Rivera's
family, a housing unit manager at the prison warned against placing Guerrero in the same unit as Joseph Cabrera Sablan, the
other inmate accused in Rivera's murder.
She told other prison employees they'd "be lucky" if the two were housed together and no one was killed, the report says.
The unit manager, 47-year-old Marie Orozco, decided before Guerrero arrived on June 19 that he should be placed in a cell
area known as Unit Two. Later that day, an investigative officer at the prison, Jesse Estrada, approached Orozco and informed
her that Guerrero instead would be placed in Unit Five, where Sablan lived, the FBI report says.
"Estrada stated he knew Guerrero from U.S. Penitentiary Florence, that he could be disruptive, but felt he would be fine
in unit five," the report says.
Orozco then suggested that Guerrero be placed in a special, more secure housing unit, according to the report. It says
Estrada dismissed the idea and told Orozco it would benefit Guerrero to take part in classes and other programs that are denied
to inmates living in secured housing.
Orozco told FBI investigators that she responded to Estrada by saying, "OK, if that's what you're going to do. We'll be
lucky if he doesn't end up killing somebody before the night is out."
Still, Orozco agreed to place Guerrero in Unit Five with Sablan, the report says. Rivera was stabbed to death inside the
unit the next day.
Guerrero and Sablan have been charged with premeditated murder. They've pleaded not guilty.
The Sun-Star has previously reported that Guerrero and Sablan were both from Guam and that they were longtime friends.
Both were serving life sentences and both had attacked correctional officers before.
Orozco was recently transferred to another federal prison in Victorville. Reached at work, she said she couldn't comment.
Estrada still works at USP Atwater. He couldn't be reached at home or at work. Messages left for him at the penitentiary weren't
returned.
Rivera's family has filed a $100 million claim against the Federal Bureau of Prisons, the agency that oversees USP Atwater.
Both Orozco and Estrada are named in the claim.
Also named are Dennis Smith, who was USP Atwater's warden at the time of Rivera's death; Harley Lappin, the director of
the Bureau of Prisons; Robert McFadden, director of the bureau's western region; and one other USP Atwater employee, identified
in the claim only as Officer Ziragosa.
The three-page FBI report, dated July 2, 2008, is based on an investigator's interview with Orozco.
The FBI has declined to release any reports related to Rivera's death. The Rivera family's attorney, Mark Peacock, published
the July 2 report on his firm's Web site this week.
"Ms. Orozco predicted exactly what was going to happen and then did nothing to stop it," Peacock said in an interview Tuesday.
"Shame on her for giving up so easily ... and shame on (Estrada) for ignoring all the facts here."
Peacock argues that Orozco should have insisted on separating Guerrero and Sablan and appealed to a superior if Estrada
continued to disagree. Orozco and Estrada were both considered managers at the time of Rivera's death, with neither one outranking
the other, officials at USP Atwater have said.
"The least they could have done was warned Jose Rivera, the poor guy who would be watching these inmates," Peacock said.
"But no one did."
According to the FBI report, Orozco later told investigators she was exaggerating when she said the prison would be lucky
if Guerrero didn't kill someone.
"Orozco stated that if she really felt Guerrero was that dangerous, and had she really felt like he was absolutely going
to injure someone, she would have continued to disagree and taken the matter up with a higher authority," the report says.
In interviews last week, six USP Atwater officers told the Sun-Star that investigative officers at the prison often override
unit managers' decisions on cell and unit assignments, as was done in Guerrero's case, even though that practice violates
bureau policy.
The officers, who asked not to be named for fear of retaliation by the Bureau of Prisons, said most investigative officers
use inmate snitches and that they often afford them extra privileges in exchange for information on other prisoners, including
better unit and cell assignments.
Other USP Atwater employees have said that investigative officers sometimes help certain inmates avoid punishment for misbehaving,
namely informants and prisoners who are considered "shot-callers" or leaders of inmate gangs.
The officers interviewed last week said the problem has improved somewhat since Rivera's death, with unit assignments now
being made in line with policy far more often. "Everyone's more careful now about that stuff," one officer said. "The unit
managers aren't being overridden nearly as much."
Rivera had worked at USP Atwater, a high-security prison at the former Castle Air Force Base, for less than a year. A Department
of Justice investigation report said Sablan used an ice pick-like weapon -- probably made from parts of a cafeteria dishwasher
-- to stab Rivera at least 28 times while Guerrero held him down.
Both inmates were drunk at the time, the report said.
In line with USP Atwater policy, Rivera was alone with more than 100 prisoners when the assault took place. He was wearing
no protective equipment and carrying no weapons.
The Department of Justice report said alcohol was widely available to inmates inside USP Atwater and that previous internal
investigation had warned of earlier uses of dishwasher parts to assault correctional officers there. It said weapons searches
weren't adequate and that the prison had failed to stop inmates from taking dishwasher parts, even though it was known they
were being used to make shives.
The report also said no one else working near Rivera had keys to the housing unit where he was killed, which prevented
the earliest responders from reaching and helping him.
The USP Atwater officers interviewed last week said the key issue has since been resolved and that the prison now takes
steps to prevent inmates from removing parts from the dishwasher. They said USP Atwater's new warden, Hector Rios Jr., has
reduced the availability of sugary foods inside the prison in an attempt to decrease inmates' ability to make and sell alcohol.
Still, the officers said, alcohol use among prisoners remains a widespread problem, as does inmate-made weaponry.
The officers said the Bureau of Prisons began increasing the inmate population at USP Atwater in May. The number of inmates
there was decreased from 1,100 to roughly 900 soon after Rivera's death. The Bureau of Prisons also transferred out many of
its high-risk inmates last year.
The officers said USP Atwater began taking on high-risk inmates again last month and that its current population is now
higher than it was before Rivera's death. Since then, the prison has experienced an increase in fights and assaults, the officers
said.
Besides replacing USP Atwater's warden after Rivera's death, the Bureau of Prisons has begun supplying stab-resistant vests
to employees who want them. The officers said some of the vests are already falling apart because they are of low quality.
"We have some guys holding their vests together with duct tape," one officer said. Another said some new hires have waited
more than six months to receive vests.
Phone messages and requests for comment e-mailed to the Bureau of Prisons weren't returned.
Officials with USP Atwater declined to answer questions by phone but spokesman Jesse Gonzalez said in an e-mail that the
number of assaults at the prison has decreased in the first half of 2009 compared with the last half of 2008. He said USP
Atwater also has recorded fewer incidents of alcohol and weapons possession among inmates.
He said prison officials have not been made aware of any problems with the stab-resistant vests and that USP Atwater's
new warden, Rios, has taken a number of steps to improve safety. He has ordered more training for staff and new restrictions
on inmate movement, increased the accessibility of the prison's executive staff, boosted searches for weapons and added regular
staff intelligence briefings to the prison's routine, Gonzalez said.
The third of five children, Rivera lived in Chowchilla and graduated from Le Grand High School in 2003. He enlisted in
the U.S. Navy shortly after and served four years in the military, including two tours in Iraq.
Guerrero and Sablan are scheduled for trial in September 2010. They could face the death penalty if they're convicted.
AFGE Takes on the Bureau of Prisons
By
Alyssa RosenbergThursday, June 11, 2009 10:01 AM
I'm at a press conference right now where the American Federation of Government Employees is launching an all-out assault
on the Bureau of Prisons for failing to address safety issues faced by prison guards. John Gage, AFGE's president, just said:
"We have lost all faith in the BOP management. We think their whole understanding of the mission of the bureau
is outdated, it's wrong. They care more about public relations than they do the safety of our officers. We are taking our
case to the Attorney General; we believe it is his responsibility to correct this situation immediately, and that would be
by removing Mr. Lappin, as well as, for heaven's sake, give us the simple tools we have been requesting: vests for our officers
to wear in dangerous posts, as well as some non-lethal weaponry such as tasers, pepper spray, or batons. It's incredible to
us that the bureau is making this a labor dispute, that they refuse to give these basic, common-sense tools to our officers.
We feel, in the Rivera case, if these simple things we are asking had been granted, he would be alive today."
They're working with the lawyers for Jose Rivera, a 22-year-old prison guard who served two deployments in Iraq as a member
of the Navy, who was killed by inmates in the prison where he worked on June 20,2008. The family wants $100 million from the
Bureau. AFGE wants officers to be able to wear stab-proof vests and carry pepper spray, tasers, and batons in high-risk facilities.
Family of Slain Correctional Officer Jose Rivera Files $100 Million Claim Against the Federal
Bureau of Prisons and Their Administrators for Wrongful Death
DATELINE: NEWPORT BEACH, Calif., June 9
NEWPORT BEACH, Calif., June 9 /PRNewswire/ -- Mark J. Peacock, Esq. of the Law Offices of Mark Peacock representing
the family of Jose Rivera, today announced the filing of a Federal Tort Claim (seeking 100 million dollars) against Federal
Bureau of Prisons, Harley Lappin (Director of the United States Federal Bureau of Prisons); Robert McFadden (Regional Director,
Western Region United States Federal Bureau of Prisons); Dennis Smith (Warden USP Atwater); SIS technician Ziragosa (SIS
Technician USP Atwater); Marie Orozco (USP Atwater Unit Manager); and Lt. Jesse Estrada (SIS Office - USP Atwater). The
family has filed their claim against these individuals/entity for their "deliberate indifference" which led to Officer
Rivera's death. According to the claim, on June 20, 2008, at the USP Atwater in Atwater, California, United State Federal
Correctional Officer Jose Rivera, in only his 10th month with the United States Bureau of Prisons, was fatally stabbed
by two apparently intoxicated inmates: Jose Cabrera Sablan and James Ninete Leon Guerrero (the assailants) both serving
life terms. The US Attorney General's office is seeking the death penalty against the assailants. Sablan, previously convicted
for Murder, Attempted Murder, and Felony Escape, also had a significant disciplinary history: Assaulting with Serious Injury,
Fighting, Possessing a Dangerous Weapon, Possessing Drugs and Intoxicants, and Physically Assaulting a Female Correctional
Officer. Guerrero, previously convicted for Conspiracy to Commit Armed Bank Robbery, has a history of assaulting staff,
including several incidents of serious assault and fighting with inmates. "This tragedy is especially difficult because
it was so avoidable.Correctional Officer Jose V. Riverawas 22 years old at the time of his death. He was afour-year veteran
of theU.S.Navy, andcompleted two tours of military duty inIraq. He began his career at USPAtwateras a Correctional Officer
onAugust 5, 2007, and was in his probationary year. Jose faithfully served the people of theUnited Statesas a peace officer
managing violent criminals and his life was unnecessarily cut short. Who is really responsible for his death?" said Mark
Peacock attorney for the Rivera family. "The Rivera family would like the people who were accountable for their son's death
to stand up and take responsibility for their inaction and deliberate indifference. Why wasn't a stab-resistant vest given
to Officer Rivera? Why didn't Officer Rivera have any weaponry? Pepper spray? A Baton? Anything? Why was inmate Guerrero
placed in general population? Why were prisoners drunk? No one in the Bureau of Prisons appear to have any sense of urgency
in protecting their officers. The Rivera family would like to know why not. If Officer Rivera had been wearing his protective
vest or had been armed it appears highly probable that he would have survived the attack which killed him" added Peacock. The
claim contends that the Bureau of Prison Administration (Lappin, Smith, et al.) were responsible for the multiple dangerous
conditions at USP Atwater which existed at the prison at the time of the murder. These dangerous conditions included, among
others: 1. Assignment of the assailants/prisoners to a lower level of custody than warranted by their violent history/known
violent propensities. 2. Classification, placement, incarceration and over-all handling of the assailants/prisoners
while they were incarcerated at USP Atwater 3. Allowing assailants/prisoners to choose their own cells 4. Allowing prisoners
to assert & maintain control 5. Knowledge that assailants were likely to assault and kill decedent Correctional
Officer Rivera, other correctional staff and/or other inmates 6. Assailants/prisoners allowed to make & consume intoxicants 7.
Deplorable Key Management preventing life saving response by other staff 8. Deplorable intake procedures of assailants/prisoners 9.
Indifference to dangerous and violent propensities of the prisoner population 10. Indifference in maintaining a seriously
undermanned custody work force 11. Glaring deficiencies and repugnant state of prison management and security controls 12.
Indifference to general ease at which prisoners manufacture & maintain weapons 13. Indifference by failing to arm
correctional officers (i.e., no pepper spray, batons, TASER guns) 14. Indifference at decreasing staffing levels 15.
Refusal to issue a stab resistant vest and/or other protective equipment 16. Indifference to effect of exploding inmate
population on staff and local communities Correctional Officer Rivera was subjected to these dangerous conditions, (and
others), and yet the responsible individuals acted with deliberate indifference by failing and refusing to protect him.
"The Rivera family wants to know why these two inmates were where they were at the time of the murder. That's a good question.
It appears that Guerrero was a 'disciplinary transfer'. He had been in lock down at his previous prison; so why wasn't
he immediately placed into lock down when he came toAtwaterinstead of being released into general population?" continued
Peacock. "It appears obvious that the inmates had taken control of the prison system." "Worse yet, the site Unit Manager,
Marie Orozco, who is apparently in charge of prisoner placement atAtwater, predicted just such an attack," said Peacock."Well,
tragically, her prediction proved to be accurate."After suggesting that inmate Guerrero should be placed in Secure Housing
Unit (lock down), Ms. Orozco was overruled by one Lt. Jesse Estrada and Guerrero was placed in general population. Upon
hearing that Guerrero was to be placed in general population with Sablan, Orozco stated that they were "going to put him
with another killer," and, she predicted, "Okayif that is what you are going to do. We'll be lucky if he doesn't end up
killing somebody before the night is out." "Within 24 hours of these grossly regrettable decisions, Officer Jose Rivera
was dead. He had no idea of the bear trap that had been set for him by the Bureau of Prisons. They gave him no warning,
no equipment to safeguard himself, and no weaponry with which defend himself. Nothing. If he had had a simple canister
of pepper spray he would have been able to have a fighting chance to save himself. The Bureau hadn't even given him that.
He used the only weapon he had: his head. He head-butted one of his attackers. That was all he had against two inmates
who were fully armed," said Peacock. "It is unbelievable that they would allow our correctional officer to work in such a
violent environment with no back-up, no safety equipment and no weaponry. Absolutely unbelievable. Shame on anyone responsible
for failing Officer Rivera in that way." "As the Warden, Dennis Smith should have done everything within his control to
ensure the safety of the brave correctional officers who worked the beat atAtwater. This appears not to have occurred.
As a result, he failed in his duty to provide for the safe keeping of his officer staff, and in particular Officer Rivera,"
said Peacock. "He is accountable for the breakdown which allowed well-documented violent inmates into general population,
which further compounded an already unsafe situation. The Bureau of Prisons Administration participated in the creation
of the dangerous environment in which Officer Rivera worked, and were indifferent in subjecting him to this dangerous environment.
This was a totally unnecessary and tragic murder which could have, and should have, been avoided. These individuals dishonored
the correctional staff, and this dishonor contributed to the death of Officer Rivera." Officer Rivera suffered 28 sharp-force
injuries. Cause of death was determined to be two puncture wounds to the left chest which penetrated the heart muscle.
"The reality is that if Officer Rivera had been wearing a stab-resistant vest he could very well be alive today. Shame
on anyone in the Bureau of Prisons who has prevented the officers, Officer Rivera in particular, from getting a vest. How
many more officers must be killed or maimed before something is done," said Mark Peacock. It is the Rivera family's hope
and aim that this claim will help effect change within the Federal Bureau of Prisons so that inmates 6. Assailants/prisoners
allowed to make & consume intoxicants 7. Deplorable Key Management preventing life saving response by other staff 8.
Deplorable intake procedures of assailants/prisoners 9. Indifference to dangerous and violent propensities of the prisoner population 10.
Indifference in maintaining a seriously undermanned custody work force 11. Glaring deficiencies and repugnant state
of prison management and security controls 12. Indifference to general ease at which prisoners manufacture & maintain
weapons 13. Indifference by failing to arm correctional officers (i.e., no pepper spray, batons, TASER guns) 14.
Indifference at decreasing staffing levels 15. Refusal to issue a stab resistant vest and/or other protective equipment 16.
Indifference to effect of exploding inmate population on staff and local communities no other family will suffer the
loss of a loved one as they have had to suffer. To that extent, a website has been set up to help bring about necessary
changes and bring awareness to the grave dangers our brave correctional officers face on our behalf everyday (www.officerjoserivera.com).
It is also the Rivera family's hope that their beloved Jose never be forgotten, and that his death be not in vain. For
more detailed information on the Rivera tragedy, please review the following documents (which can be downloaded at http://www.markpeacocklaw.com 1. April 17, 2009 report issued by the Department of Justice/Federal Bureau of Prisons Board of Inquiry Report entitled,
"June 20, 2008, Homicide of Correctional Officer Jose Rivera United State penitentiary, Atwater, California"; 2.
FBI investigative document (302) - interviews with Marie Orozco & Lt. Jesse Estrada; 3. Federal Tort Claim (Rivera
Family); 4. Letters to all United States Senators; and 5. Letters to Pres. Barack Obama & cabinet (Vice Pres. Joseph
Biden, Secretary of State Hillary Rodham Clinton, Chief of Staff Rahm Emanuel, Attorney General Eric Holder
Union hears fears Gitmo detainees could one day come
The federal penitentiary at Lewisburg is stepping into a new role, one that is making correctional officers employed
at the prison worried about staffing levels and could bring dangerous inmates, possibly detainees from Guantanamo Bay, to
the area, according to union officials.
"(Guantanamo inmates) could be a possibility," said Bryan Lowry, president of the Council of Prison Locals 33, under the
American Federation of Government Employees.
"I would think that this type of environment would be the type of environment that we would want to put these inmates in,
especially if you weren't going to put them in Florence (super max facility in Colorado). It would have to be in some type
of special management unit, such as Lewisburg, or one of the few other institutions with the SMU designation."
The prison is undergoing a transformation into a "special management unit, " which would house "assaultive" or "combative"
inmates from other institutions around the country, according to Lowry.
This has raised concerns among employees that the prison does not have enough correctional officers to deal with such inmates,
said Lowry and Keith J. Hill, third district national vice president for the American Federation of Government Employees.
Both men toured the facility last Thursday with local union representatives and spoke with members of the staff.
"Each (employee) raised the same concern, and that was about the level of staffing," Hill said. "Something has to be done
about it."
"This is not only irresponsible, but possibly very dangerous and not well thought out," Lowry said.
Tony Liesenfeld, secretary-treasurer of the local union, said union officials estimate that 300 to 350 correctional officers
are needed to fully staff the institution, and said current staff members are "stressed out" by the work added by the SMU
transformation, which could lead to problems down the road.
"When staff members (anywhere) are stressed out, mistakes tend to happen, and when mistakes happen in a prison, people
get hurt," he said.
Liesenfeld said the stress and safety concerns are causing veteran employees to choose retirement as soon as the option
becomes available.
"The minute they are eligible to retire, they are out the door," he said.
The Lewisburg SMU would house between 1,200 to 1,500 inmates when the transition is completed, according to Liesenfeld,
including a small number of "cadre" inmates, who were in the general inmate population at Lewisburg before the transition.
According to the union representatives, inmates would be confined to their cells 23 hours a day, with one hour for recreation.
The prisoners would be organized into four "phases," which designate their behavioral level and the privileges they have earned,
such as face-to-face visits with family and friends and group socializing.
Lowry said overcrowded prisons and poor funding and staffing in facilities has led to an increase in prison violence across
the country.
"The trend is that violence has increased, not only inmate-on-inmate, but also inmate-on-employee," he said.
Without increasing staff to adequate levels, the threat of violence is a real possibility, Lowry said.
"It's only a matter of time before somebody's seriously injured," he said.
High-profile prisoners? Terre Haute residents are used to it
When the location of Terre Haute's new Wal-Mart Supercenter came
under debate three years ago, City Councilman Rich Dunkin received more than 300 phone calls about the issue.
So one would think he'd be getting an earful over the prospect of
moving suspected terrorists from Guantanamo Bay, Cuba, to a federal penitentiary in his district.
But Dunkin says he hasn't heard a peep.
Nationwide, the idea of closing the Guantanamo Bay detention center
has raised concerns that moving some of its roughly 240 detainees to U.S. prisons could pose safety risks to Americans living
near those high-security facilities.
But in Terre Haute, whose Federal Correctional Complex has become
a speculative candidate to receive some of the detainees, it's more a shrug of the shoulder than a hot topic of political
debate.
"I don't think there's any heartburn one way or another," Dunkin
said of the sentiment in his mostly blue-collar city 70 miles west of Indianapolis. "We wouldn't even feel the presence of
those people in this community."
Many experts agree that fears about detainees escaping or plotting
a terrorist attack are overstated. That's particularly true, they say, at a penitentiary such as Terre Haute, which already
has housed high-profile terrorists, as well as inmates on federal Death Row.
"The Bureau of Prisons handles members from some of the most violent
gangs in the U.S., which pose a risk to society equal to terror suspects," said Darrell Legg, a consultant who worked in prisons
ranging from minimum to high security for the Bureau of Prisons for 21 years. "These guys are no more dangerous than the leader
of the Mexican Mafia or the Aryan Brotherhood."
Not everyone sees it that way. Last month, the Democrat-controlled
U.S. Senate voted to reject a request for $80 million to shut down Gitmo and sought assurances that the detainees would not
be brought to the U.S.
A recent USA Today/Gallup poll showed that Americans oppose closing
Guantanamo by 2-to-1 and oppose moving its suspected terrorists here by 3-to-1. The Web site GOPUSA recently sent a mass e-mail
warning of the dangers of bringing suspected terrorists to American soil.
Some of that sentiment has been shared in Indiana, where the Senate
passed a resolution urging President Barack Obama to keep Gitmo detainees away from Terre Haute. But when the resolution was
proposed, even Terre Haute's mayor noted the momentum behind it came from lawmakers on the opposite end of the state.
"I just got the feeling in town that there was a lot of shrugging
shoulders," said Max Jones, editor of the local newspaper, the Terre Haute Tribune-Star. "I didn't sense any outrage whatsoever."
Though they're not calling political representatives, some who live
closest to the complex say they'd prefer to keep suspected terrorists out of the facility.
"There is that thought that it could become a designated area for
an attack," said John Cheesman, 50, who lives about a mile from the complex. "My thought is if they can take out New York
like they did, this is nothing."
Neighbor Mary Browning, however, sees it differently.
"They have good security over there, and they would have the same
security for (Guantanamo detainees)," said Browning, 85. "They've brought people here who have done some terrible things,
and they had to put them to death, and we never knew it took place."
If Guantanamo Bay does close, Obama has made clear, detainees will
need to be brought to the U.S. to be held in the country's highest-security penitentiaries. Dean Boyd, a Justice Department
spokesman, said some recommendations about where to place them are expected by late July.
The Terre Haute facility, which houses 2,948 inmates in its medium-
and high-security facilities, could be a viable option, experts say.
It is the only federal penitentiary with a Death Row, where convicted
Oklahoma City bomber Timothy McVeigh was held for about two years before his execution in 2001.
The complex also houses a Communications Management Unit, an isolated
area where inmates such as terrorists and sex offenders are housed away from the general prison population. There, they are
able to participate in education and work programs, but virtually all of their communication is monitored.
The Communications Management Unit has held lower-profile prisoners
such as Randall Royer, a defendant prosecuted as part of the "Virginia jihad" case in Alexandria, Va., and five members of
a group of Yemeni natives called the Lackawanna Six, who attended an al-Qaida training camp.
The existence of the unit adds to the likelihood that Terre Haute
could be a venue for Guantanamo detainees, said Mark Hamm, a criminology professor at Indiana State University who has studied
Islamic extremism in Western prisons and has been visiting the Terre Haute facility since 1967.
He said the city's lack of activism about the prison or the inmates
there also could make it a more likely candidate.
Terre Haute leaders say relations between the city and the correctional
complex have long been cordial. There was little stir about putting in a Death Row. And in 2003, when plans for a new prison
that would double the number of inmates were announced, locals embraced it and later lobbied for a third facility, largely
because of the jobs the prisons bring.
The overall embrace hasn't stopped some concerned residents from
trying to rally others. City Councilman Turk Roman said he thinks most people are silent about the issue because they don't
think the detainees will really be moved there. Roman is trying to convince them otherwise.
"They don't think it's going to happen," he said. "But if there's
a chance, then I'm concerned."
Federal Prison Industries: The Myths,
Successes, and Challenges of One of America’s Most Successful Government Programs
Federal Prison Industries, Incorporated (FPI) was created over 60 years
ago. Throughout our history, we have served Federal Government customers by producing competitively-priced, high-quality goods
and services and backing them up with outstanding customer service and quality guarantees. But our immediate customers are
only part of the picture: by keeping inmates positively focused and productively occupied, and by teaching them how to read,
write, and work, we have also served the public by significantly increasing the security of Federal prisons and providing
inmates with opportunities to become productive, law-abiding citizens after release.
FPI is a true success story;
a Government program that has exceeded the expectations of its creators, cost taxpayers almost nothing, and benefited millions
of constituents.
As I reflect on my early tenure as Assistant Director for the Industries, Education, and Vocational
Training Division and Chief Operating Officer of FPI, I am particularly proud to be associated with two groups: my predecessors
as Assistant Director, and the current staff of the Corporation. The former—comprised of such outstanding leaders and
visionaries as James Bennett, A. H. Conner, Fred Wilkinson, Preston Smith, Wade Markley, Olin Minton, J. T. Willingham, John
“J. J.” Clark, Loy Hayes, Sr., Dave Jelinek, Jerry Farkas, and Rick Seiter—established the culture, standards,
and tradition for FPI. The latter—through their continued professionalism and dedication—carry our reputation
for excellence into the future.
Although FPI has faced and overcome numerous challenges during its history, it will
probably face its greatest challenges in the years to come. Increasing Federal inmate populations,declining Federal budgets,
and a rapidly changing Federal marketplace will require FPI to constantly improve operations to maintain its viability.
Numerous
myths abound about FPI, perhaps because it is a relatively unknown Federal program. As we enter our 7th decade of operation,
I want to address these myths as a way of both correcting misconceptions and sharing with our constituents and critics alike
the basis for our immense pride in our accomplishments on behalf of the Nation.
Myth #1: Federal
Prison Industries has an unfair competitive advantage over the private sector.
This, the most inaccurate of all FPI
myths, apparently is based on a misunderstanding of the restrictions under which FPI operates. It is true that FPI pays its
inmates less than a private sector worker would get paid for carrying out similar assignments. Yet any competitive advantage
that accrues from this is more than offset by the lower average productivity of inmates and the security inefficiencies associated
with employing inmates.
In addition, due to concerns expressed by both labor and private business at the time FPI
was formed, Federal statute provides for significant constraints on FPI’s activities, which further diminish any competitive
advantage. Specifically, FPI is required by law to:
Employ as many inmates as reasonably possible.
Concentrate on manufacturing products that are labor intensive.
Provide the maximum opportunity for inmates to acquire marketable skills for use upon release.
Diversify production as much as possible to minimize competition with private industry and labor, and to reduce the burden
on any one industry.
Avoid taking more than a reasonable share of the Federal market for any specific product.
Sell products only to the Federal Government, meeting the quality and delivery requirements of the Federal customer, and
not exceeding current market prices.
Comply with Federal procurement regulations.
Operate in an economically self-sustaining manner.
In addition to these constraints, it should be noted
that the average Federal inmate has an 8th grade education, is 37 years old, is serving a l0-year sentence for a drug related
offense, and has never held a steady job. According to a recent study by an independent firm, the overall productivity rate
of an inmate with a background like this is approximately l/4 that of a civilian worker. Finally, the costs associated with
civilian supervision of inmate workers and numerous measures necessary to maintain the security of the prison add substantially
to the cost of production.
It is hard to see how one could genuinely interpret the cumulative effect of these limitations
as a “competitive advantage.” In fact, Robert Q. Millan, a former member of FPI’s Board of Directors, provided
the following assessment of FPI’s situation: “As a former banker, I am well aware of the operations of a variety
of businesses. In private sector business, it is of primary importance to eliminate all inefficiencies possible in order to
maximize profit. I could not recommend to my former bank, or any bank, that it make loans to a business that was controlled
by the conflicting mandates and had the inherent inefficiencies that handicap FPI.”
FPI has no competitive advantage.
In fact, quite the opposite is true. That it has succeeded in spite of the obstacles it faces is a tribute to the support
of our customers and the dedication of our staff.
Myth #2: FPI enjoys a “superpreference”
for sale of its goods to Federal agencies.
The term “superpreference” is an inflammatory term coined by
FPI critics to engender sympathy from certain quarters. The facts are much less provocative. Federal procurement law requires
that Federal agencies purchase products from FPI, provided that FPI can meet the purchaser’s quality, price, and delivery
requirements. This “mandatory source” (the proper term) designation merely requires that Federal agencies contact
FPI to see if its products will meet their needs. If so, procurement from FPI is required. If not, FPI is obliged to grant
a waiver, allowing the Federal customer to purchase the product on the commercial market. The waiver process has worked very
effectively: in fiscal year 1995, FPI granted 80 percent of all waivers requested, thereby directing $383 million in Federal
Government purchases to the private sector.
FPI’s mandatory source provides a steady flow of work and reduces
the requirement for FPI to expend large amounts of money on advertising and marketing. If such expenses had to be incurred,
sales levels and market share would have to be expanded, which would have an adverse impact on private sector companies in
the same businesses as FPI.
Myth #3: Inmates in FPI are not being taught marketable skills.
FPI
teaches inmates the most marketable skill of all: how to work. No matter the job, successful employees must first possess
a basic work ethic: dependability, reliability, the ability to work as a member of a team, the willingness to take direction
from a supervisor, and pride in a job well done.
In addition, for many FPI jobs, the trade skills learned are directly
transferable to the private sector. Examples include welding, soldering, printing, data entry, computer scanning and digitizing,
furniture manufacture and refinishing, upholstery, metal fabrication, apparel manufacturing, and vehicle repair. Many of these
programs are linked to a State certified vocational or apprenticeship program.
In order to advance beyond the entry
level, inmates are also required to complete their GED. This is considered the minimum level of functional literacy required
to be successful in today’s society. Requiring such an achievement enhances an inmate’s employment prospects.
A recently completed research study on post release employment of Federal inmates found that inmates who work in FPI
are better behaved while in prison, are more likely to be employed—at higher wages—after release, and are significantly
less likely to re-offend than inmates who did not participate in FPI.
Thus, FPI benefits both individual inmates and
society as a whole by increasing the odds that ex-offenders can become law-abiding, tax-paying citizens. This is one of FPI’s
most noteworthy successes.
Myth #4: FPI has an adverse impact on the private sector.
This
assertion is based on a narrow, illusory definition of the private sector. There is no dispute that if FPI did not exist,
certain private sector companies would sell more products to the Federal Government. There is, however, more to the situation
than meets the eye.
An independent market study recently concluded that FPI’s sales represent less than 2 percent
of the Federal Government’s annual purchases. Further, when Federal procurements go down, private sector companies can
increase the ratio of sales to the commercial market. By law, FPI cannot.
Virtually every FPI sales dollar is returned
to the private sector. In fiscal year 1995, FPI had net sales of $459 million. Of this, $257 million was spent on raw material
purchases from private sector vendors. Another $87 million was spent on wages and benefits for FPI staff, which in turn were
spent in the private sector. Of the pay earned by inmates, 50 percent was paid to the public in the form of fines, restitution,
and child support. Even items the inmates bought in the commissary (using their FPI earnings) were initially purchased from
the private sector vendors.
These specific dollar illustrations do not take into account the intangible value FPI
adds to the local community by contributing to safe, secure management of correctional facilities. More than one mayor has
said that the combination of direct FPI expenditures in the local economy and the aforementioned intangible value on property
values and community safety result in an overall net gain, even taking into account any direct effect on businesses in the
same product line as FPI.
The plain truth is that the overall effect of FPI on private sector businesses is negligible.
If FPI did not exist, the increased appropriations required to provide alternative programs for inmates, offset by increases
in private sector income, would result in a net increased cost to the taxpayers.
A History of Success
For six decades, FPI has been self-sufficient, funding operations through the sale of its products to the Federal
Government, rather than Government appropriations. In fact, over the years, FPI has returned over $80 million to the U.S.
Treasury.
During its history, FPI has provided valuable products and services to the Federal Government. Soldiers
have had their uniforms, bedding, shoes, dorm furniture, helmets, flak vests, and other items made by FPI. Likewise, FPI has
provided veterans hospitals with pajamas, towels, sheets, and mattresses. FPI has also produced missile cables (including
those used on the Patriot missiles during the Gulf War), wiring harnesses for jets and tanks, radio mounts, battery boxes,
postal bags, weather instrument parachutes, office furniture, and signs. Services provided to the Government include rebuilding
vehicles, remanufacturing electric motors, entering data, and printing Government documents (such as this one). . All these
products and services have been provided in response to the needs of our Federal Government customers and in service to the
Nation. It is a legacy of which we are very proud. And it is the reason why FPI is one of the country’s most successful
Government programs.
The Future Challenge
The challenge for FPI is to remain financially
self-sufficient while providing enough work for an increasing number of inmates. The Federal inmate population has tripled
over the last 10 years, and it is projected to continue growing for the foreseeable future. In order for the Bureau of Prisons
to successfully manage the increased number of inmates, FPI will have to create jobs for these additional inmates.
FPI’s
influence on the successful management of Federal prisons is no secret; it has been a matter of public policy for over six
decades. Policymakers have long recognized that increasing the number of incarcerated individuals means increasing the number
of prisons and, in turn, increasing the size of FPI in order to improve both the management of the prisons and an inmate’s
chances of success upon release. As we begin the next decade, continued support of Federal Prison Industries will pay important
dividends for the country.
Gregg: Fed prison in NH comes at the right time
Associated Press - June 5, 2009 5:15 AM ET
CONCORD, N.H. (AP) - New Hampshire Sen. Judd Gregg says at a time
when many residents are worried about their job security or are looking for jobs, the need for workers at the Berlin Federal
Prison couldn't have come at a better time.
This week, federal Bureau of Prisons officials held forums to discuss new business and career
opportunities that will be created once construction of the prison is done in fall 2010.
Gregg says the prison will provide hundreds of good-paying jobs, in addition to related employment
opportunities and economic activity in the North Country.
It's estimated the prison will provide about 320 full-time jobs.
The family of Jose Rivera, the prison guard stabbed to death by two inmates,
has filed a lawsuit against the Bureau of Prisons alleging poor management and unsafe working conditions contributed to his
death.
The wrongful death lawsuit was filed Tuesday in the U.S. District Court in Fresno by attorney Mark Peacock.
In
filing the lawsuit, Peacock pointed to a report from the U.S. Department of justice that stated the U.S. Penitentiary in Atwater
was found to have insufficient discipline, problems finding and retaining employees, and allegations that management ignored
repeated warnings of possible violence. The report was issued in April.
The Bureau of Prisons would not comment on
the report because it is part of an internal investigation.
Rivera was killed in June of last year. Two inmates, Jose
Cabrera Sablan and James Leon Guerrero were arrested and charged with first-degree murder. The U.S. Attorney General's Office
has authorized the prosecution to seek the death penalty for the two men.
The report states that Rivera was stabbed
more than 38 times by a homemade shank made from dishwasher parts. During the attack Rivera tried to escape but was held down
by Guerrero, while Sablan stabbed him repeatedly. One of the stab wounds pierced Rivera's heart, according to the autopsy
report.
Both of the inmates were serving life sentences according to the Bureau of Prisons. They had been transferred
to the Atwater facility from a prison in Guam, which is a U.S. territory, because of their violent behavior.
Guerrero,
43, was sent to the Guam corrections facility for an armed robbery. He was implicated along with three other inmates in the
1987 murder of Corrections Officer Douglas Mashburn, but was never brought up on any charges. Guerrero was sent to the Atwater
facility one day before the fatal attack.
Sablan, 40, was sentenced to life in prison for the murder of Julienne Sablan
and the attempted murder of a 14-year-old girl. He was transferred to the U.S. Penitentiary in Atwater in July 2005.
A
federal grand jury returned an indictment charging the two men with first degree murder, first degree murder of a federal
correctional officer and murder by a federal prisoner serving a life sentence.
Since the murder Guerrero has been
held at a federal prison near Seattle and Sablan in a Dublin facility.
Rivera had been working at the Atwater prison
for 10 months. Prior to that he served four years in the U.S. Navy and did two tours of duty in Iraq. His death sparked a
grassroots effort to push for safety reforms within the U.S. Penitentiary system.
The national union representing federal
correctional officers have stated that Rivera's death was a preventable tragedy and have been calling for safety reforms that
include stab-resistant vests, protective equipment like Tasers and batons, and staffing increases. At the time of his death,
Rivera was the lone guard watching over 100 inmates.
Congressman Dennis Cardoza has introduced the "Jose Rivera Correctional
Officer Protection Act," which would provide $20 million in funding to the Bureau of Prisons for purchasing the stab-resistant
vests.
Report notes prison security weaknesses
WASHINGTON, June 8 (UPI) -- A U.S. government inquiry into the most recent death of a federal
correctional officer points up officers' concerns that inmates have become more violent.
Jose Rivera's June 20 killing, captured by surveillance cameras inside the high security federal penitentiary at Atwater,
Calif., offered a somber look at the U.S. prison system, a Federal Bureau of Prisons report obtained by USA Today indicated.
During the attack, Rivera's colleagues were unable to reach him because of a locked door.
"It was like Rivera was caught in a bear trap," said Mark Peacock, the officer's attorney. "If the staff was able to respond
with adequate force, Rivera might have survived the attack."
Bureau of Prisons spokeswoman Traci Billingsley said there is "a sense that assaults (on staff) are more severe," while
not commenting directly on the Rivera report, USA Today reported Monday.
Bryan Lowry, federal prison employees association president, said overcrowded conditions endangers prison officers and
staffers. Bureau of Prison records indicate the overall system is 36 percent over capacity and 48 percent over capacity in
high-security units, USA Today reported.
Bureau statistics indicate serious assaults on staffers increased slightly from 2007 to 2008, 72 incidents to 82, while
less serious attacks -- such as pushing or shoving -- rose from 1,281 to 1,522 in the year-over-year comparison. Inmate slayings
were up, from 12 in 2007 to 15 in 2008, the report indicated.
WASHINGTON — A government inquiry into the most recent fatal assault of a federal correctional
officer details multiple security breakdowns and underscores a fear among federal officials who say inmates have grown increasingly
violent in their dealings with prison staff.
Jose Rivera's June 20 killing, captured by surveillance cameras inside the high security U.S. Penitentiary
Atwater in California, provides a chilling view into the U.S. prison system where weapons are plentiful and some violent inmates
are allowed to "sleep off" bouts of drunkenness fueled by homemade cocktails, according to a Federal
Bureau of Prisons (BOP) report obtained by USA TODAY.
During the attack, Rivera, a 22-year-old Iraq
war veteran, struggled for his life while a locked door blocked several of his colleagues from responding.
"It was like Rivera was caught in a bear trap," said Mark Peacock, the officer's attorney. "If the staff
was able to respond with adequate force, Rivera might have survived the attack."
Bureau of Prisons spokeswoman Traci Billingsley, who declined to comment on the Rivera report, says there
is "a sense that assaults (on staff) are more severe." Following the Rivera killing, authorities recovered 175 weapons in
the facility, the report states.
Bryan Lowry, president of the federal prison employees association, says overcrowding is endangering prison
officers and staffers. According to BOP records, the system is 36% over capacity and 48% over capacity in high security units.
In the federal system, which manages 204,327 inmates, serious assaults to staffers increased slightly
in 2008, from 72 to 82, according to BOP records. Less serious attacks (pushing, shoving) increased, from 1,281 in 2007 to
1,522 in 2008. Inmate slayings were up, from 12 in 2007 to 15 in 2008.
At the time of the Rivera attack, according to the report, he was assigned to lockdown a high security
unit for the afternoon inmate count when he was allegedly slashed in the torso by convicted murderer Jose Sablan. The officer
was wounded before he could secure Sablan and James Guerrero, a convicted armed robber, in their cell. Both inmates, according
to the report, appeared to be intoxicated.
As surveillance cameras rolled, Rivera attempted to escape and activated his electronic body alarm to
summon help. He was allegedly tackled by Guerrero, who pinned the officer down while Sablan continued to stab Rivera with
a makeshift ice pick. Rivera was stabbed at least 17 times before an officer arrived with a key to the door.
"This delay to get responding staff into the unit could have been reduced," the report concluded.
The day before the attack, one prison guard raised questions about whether Guerrero, known as a "disruptive,"
could be housed safely in the same unit with Sablan, according to the FBI's
report of its interview with the guard.
"Going to put him (Guerrero) with another killer," the guard told a colleague. "Okay if that's what you
are going to do. We'll be lucky if he doesn't kill somebody before the night is out."
Union concerned over staffing numbers at Lewisburg
By Coni Marie Sheridan
Friday, June 5, 2009
WATSONTOWN — Staffing issues are a prime concern for union members at the United States Penitentiary,
Lewisburg, especially with security level changes that have been ongoing this year.
According to Bryan Lowry, president
of the Council of Prison Locals 33, American Federation of Government Employees (AFGE) AFL-CIO, Arkansas, Lewisburg has gone
from a maximum security prison to a special management unit (SMU) and can now be classified as a super maximum security prison
housing the “worst of the worst” inmates.
“These types of inmates are some of the most violent, aggressive,
combatant inmates,” said Lowry. “If you get to a super-max, you are the most dangerous criminals.”
The
SMU is a four-phase program in which inmates can
eventually be released back into the general population. During phases one and two, the inmates are locked down
for 23 hours a day, with one hour of recreation time. Although there are usually two to three correctional officers assigned
to a unit — or cell block — because of escorting inmates to recreation, appointments and other areas, there is
often only one guard left to watch over the entire unit, which can sometimes consist of three floors.
“It is
not only irresponsible, but probably very dangerous,” said Lowry of the current operating procedures. “It was
not well thought out and it’s only a matter of time, because of lack of staff and equipment, before someone is seriously
or fatally injured, whether it be staff or inmate.”
Lowry explained that the current staff-to-inmate ratio is
five-to-one. This includes all prison staff, not just correctional officers. He also noted that correction officers are not
armed. They have a radio with a body alarm — a device that allows an officer to be located if he is in a situation where
he cannot call for help — and handcuffs.
“I’d like the agency to consider supplying pepper spray
canisters to staff. It will buy them some time with non-lethal means to contain inmates,” he said.
Another safety
issue at Lewisburg is the augmentation of support staff into corrections positions.
“If they are short-handed,
they bring in clerical staff to do the job of the correction officers,” explained Keith Hill, Third District National
vice president, AFGE AFL-CIO, Pittston. “That is not their function. I have a problem with it.”
He
added that with the “worst of the worst” being housed at Lewisburg, staffing levels must increase and that both
he and Lowry will be speaking with senators and congressmen about these issues.
“USP Lewisburg is making every
other prison in the country safer. What is being done to make USP Lewisburg safer?” he asked.
According to Tony
Liesenfeld, secretary-treasurer of the local union, in order to run the SMU safely and effectively, they would need a “compliment
of 350 (additional) officers.”
“If the current trend continues, we will lose staff, sooner than later,”
he noted.
He explained that many veteran officers are choosing to retire early or as soon as they become eligible,
because even if they have to work a different job in the community, “they know they’re coming home at night.”
Lowry
reiterated, “If things don’t change here, there will be some severe injuries. Not only to the inmates, but to
the staff.”
Union fears for penitentiary guards
By Wayne Laepple
WATSONTOWN — The U.S. Penitentiary
at Lewisburg will need almost 100 more corrections officers once it is fully converted to a special management unit, housing
the worst of the worst in the penal system, union officials said Thursday.
The 265 corrections officers at Lewisburg are under greater stress as the prison is being changed
to the super-max facility, said Bryan Lowry, president of Council of Prison Locals 33, American Federation of Government Employees,
and Keith J. Hill, third district national vice president.
The officers at Lewisburg are at greater risk of injury and even death because SMU inmates are “the
most violent, aggressive and assaultive inmates in the system,” Lowry said.
While the type of inmate incarcerated at Lewisburg will change, the number of inmates will fluctuate,
as they currently do, between 1,200 and 1,500.
Federal inmates with severe behavioral problems will be sent to Lewisburg. They will be in phased
confinement, where improved behavior will gain privileges, and continued poor behavior will result in more restrictions.
23 hours a day in cell
Most SMU inmates are confined to their cells 23 hours a day, and it is common for four or five corrections
officers to be in charge of more than 100 prisoners. Even though inmates are confined, they must still be transported to exercise
areas, to showers, to medical appointments and visitations. The inmates must be handcuffed and shackled before leaving their
cells, and when officers are transporting prisoners, there are times when a single officer is charge of up to 40 inmates on
several floors on a cell block, the union said.
Officers are unarmed, carrying only a walkie-talkie with a body alarm button, Lowry said.
“It’s irresponsible and dangerous with the current staffing levels,” Lowry said,
adding that he believes it’s only a matter of time until an inmate or an officer is seriously injured or killed.
Prison officials have been unable to stop prisoners from fashioning weapons, Lowry alleged, and
because about 40 percent of the inmates in the SMU are serving life sentences, they have little to lose by attacking one another
or corrections officers.
“It was a real eye-opener,” Hill said of his tour of the Lewisburg facility. “I
talked to 40 or 50 officers today, and they are all concerned about staffing levels.”
At least 350 guards needed
Tony Leisenfeld, secretary-treasurer of Local 148 at Lewisburg, said the union believes at least
350 corrections officers are needed to efficiently oversee the 1,200 to 1,500 inmates inside the wall.
“Remember, the inmates do not want to come here,” Leisenfeld said. “We are doing
12 to 15 cell extractions every week, moving inmates out who do not want to move.”
Each cell extraction requires four to six officers, plus another with a video camera, and a lieutenant.
When an extraction is necessary, Leisenfeld said, officers from other cell blocks must assist, leaving those cellblocks short-staffed.
Pam Parker, a teacher in the prison, said she is sometimes required to assist officers transporting
or monitoring prisoners.
“I don’t know the inmates,” she said. “I don’t which one may belong
to a gang that is at war with another gang.”
Prison staff need to know more about the inmates, Parker said. Additional training has been requested,
but prison management has not responded to the request, Parker said.
The federal Bureau of Prisons, which operates the Lewisburg facility, counts personnel such as teachers,
clerks, secretaries, cooks and maintenance workers as staff, even though they do not have the training of corrections officers
and work 8 a.m. to 4 p.m. Monday through Friday.
Union cites regional incident
Danny Bensinger, president of Local 148, said the union would like to see a minimum of 25 additional
officers initially added, and when the entire prison is converted at an SMU, up to 350 officers available.
An incident at Harrisburg International Airport a few weeks ago involved a contingent of inmates
who were en route to Lewisburg, Bensinger said. State police and FBI agents were called in to help quell that disturbance,
he said.
Officers are often forced to work overtime to help put down disturbances, adding to their stress
levels, and they may be disciplined by managers for incidents over which they have no control, Bensinger said.
Veteran officers are retiring as soon as they are able, fearful of staying on, Leisenfeld said.
Because moving expenses are not paid for line officers, few transfer to Lewisburg from other prisons.
“We can’t follow policy due to lack of staff,” Leisenfeld said.
Inmates In The Bus Aisle
John Madewell
Greyhound riders are speaking out about a little known practice by the government. Federal prisoners
often ride right beside you on the bus without you or the driver even knowing it.
Our investigative team found out this practice has been on the books for more
than six years. But with light shown on it some riders feel their right to know has been violated.
But we found a frequent rider here in Chattanooga who disagrees. Ina Ruth Bailey
has actually ridden beside a federal prisoner. Bailey says last year she met a woman who only had four months left on her
sentence. That inmate was moving from a Detroit federal prison to a work release program in Nashville.
Bailey struck up a conversation with her and other inmates who were in normal clothing
and not restrained. The Bureau of Prisons says it screens the inmates for this type of transportation and says they don't
"pose a significant risk." Reports show about 25,000 per year are moved this way. The B-O-P says most are on their way to
halfway houses and about 6% are going to minimum security.
Bailey, for one has no problem with it. We asked her if riding beside a convicted
felon bothered her. Bailey said, " No, not at all. They was nice,intelligent, they wanted to talk. They wanted to know
what's been going on in the world. I told them nothing much but the same thing; trouble, ha ha."
Jury Convicts Corrections Officer of Bribe-Taking
John E. Murphy, Acting U.S. Attorney announced that this afternoon in Midland, a federal jury convicted
21-year-old Jacob C. Guzman of Pecos, Texas, a former prison guard at the Reeves County Detention Center, of accepting bribes,
attempted destruction of evidence and attempted smuggling of contraband to federal prisoners.
Guzman faces up to 15 years in federal prison when he is sentenced on August 29, 2009.
Testimony at trial established that on two occasions in 2008, Tennessee relatives of a Reeves County
Detention Center inmate wire transferred a total of $600 to Guzman in Pecos, in exchange for Guzman’s agreement to smuggle
cell phones, tobacco, and mp3 players into the facility, where they were illicitly disseminated to inmates. Federal rules
prohibited all of those items inside the facility.
In 2008, the Reeves County Detention Center exclusively housed federal inmates pursuant to a contract
with the Bureau of Prisons.
On September 10, 2008, Guzman was discovered to have several pouches of tobacco safety-pinned inside
his pants when he entered the facility to begin a shift. When the contraband was discovered, Guzman fled to the men’s
room, and attempted to flush the tobacco down the toilet before it could be seized as evidence by security personnel.
The case was investigated by the Federal Bureau of Investigation, the Department of Justice—Office
of Inspector General and security officials with the Reeves County Detention Center. Assistant United States Attorneys John
S. Klassen and Sandy Stewart are prosecuting this case on behalf of the Government.
Progress at New Prison
Berlin, New Hampshire - June 3, 2009
Educators at the White Mountains Community College in Berlin met with state and federal officials Wednesday to talk about
job training. The college will likely play a key role in hiring process for corrections employees.
"We basically design customized training in the area or any business that needs some set of skills that their employees
may not have or we respond to requests from other agencies," says Frank Clulow of White Mountains Community College.
The Federal prison is located just north of downtown Berlin. Our cameras were not allowed to videotape construction, but
officials say it is about 70 percent complete. When the prison opens in the Fall of 2010 over 300 employees will work within
the concrete walls.
"We don't just hire correctional officers. We hire secretaries, and teachers, and cook foremen and warehouse workers supervisors
as well. We are much like a small city behind the security of a fence," explains Cathi Litcher of the U.S. Bureau of Prisons.
Berlin's largest employer used to be the pulp plant downtown but that closed several year ago. New Hampshire's North Country
has been bleeding jobs-- mostly due to the failing paper industry. Coos County has the highest employment rate in the entire
state.
"We will likely need to recruit outside the immediate area, but whoever takes those jobs will leave other jobs that will
need to be backfilled so we are hopeful that this will give employment in the area that is needed at a very competitive wage,"
says Mark Belanger of N.H. Works.
A public forum is being held Wednesday evening to talk about all of the jobs coming to the area. A community desperately
in need of them.
Others who worked at Marianna prison recycling center seek to join suit
By Lance Griffin
Several
people are attempting to join a lawsuit filed last year by inmates and workers at the Federal Correctional Institution in
Marianna, Fla., claiming they were exposed to toxic elements while working there at a computer recycling center.
Twenty-six current and former inmates and workers filed the initial suit in March of 2008 against the U.S. Department of
Justice, Bureau of Prisons and UNICOR Federal Prison Industries, claiming they were not adequately protected against poisonous
material contained inside computers that were demolished or disassembled at the prison for the purpose of recycling the parts.
U.S. District Judge Richard Smoak issued a stay in the case in November, pending his ruling on the defendants’ motions
to dismiss the suit. The defendants claim, among other arguments, that the plaintiffs did not exhaust all administrative remedies
for their claims before filing the lawsuit. The plaintiffs dispute the claim.
Since then, six additional people have filed motions in U.S. District Court in the Northern District of Florida, claiming
they worked at the recycling center and were exposed to harmful chemicals and elements. Smoak has not ruled on their motions
to join the suit.
Should the case proceed, it will likely involve thousands of documents and scores of depositions and other interviews.
The suit also involves other computer recycling businesses at other federal prisons. The defendants claim it could take a
year or more just to collect discovery in the case.
UNICOR began a first-of-its-kind computer recycling operation near the Marianna prison in 1994. The operation used inmates
from the nearby prison camp to remove truckloads of obsolete computers each day, break them down and retrieve parts that can
be reused or resold, including central processing units and cathode ray tubes.
The plaintiffs claim the officials knew or should have known that the recycling process caused the workers to be exposed
to lead, cadmium and other toxic elements. The lawsuit alleges that many workers have become ill with skin lesions, difficulty
breathing and anxiety, and some have died. The complaint also alleges others were possibly exposed when allowed to visit the
recycling facility to purchase refurbished computers at a discount price.
Family sues feds over Calif prison guard's death
By TRACIE CONE Associated Press Writer
FRESNO, Calif.—The family of a 22-year-old guard killed at a Central California
prison sued the Bureau of Prisons Tuesday claiming poor management of the facility created dangerous conditions.
The lawyer for the family of Jose Rivera also disclosed a U.S. Department of Justice report that said the U.S. Penitentiary
Atwater had lax discipline, trouble luring employees and management that ignored warnings of potential violence and weaponry.
"It's a clear indictment of how totally messed up the Bureau of Prisons is," said attorney Mark Peacock after filing the
wrongful death lawsuit in U.S. District Court in Fresno.
A prison spokeswoman declined to comment directly on the report, dated April 2009, because she said it's part of an internal
investigation.
"I can tell you we have made several changes and improvements to our high-security facilities," said Traci Billingsley.
Rivera was stabbed to death a year ago as the nearest prison employees, without a key to his unit, watched helplessly and
security cameras rolled.
James Leon Guerrero and Joseph Cabrera Sablan, both serving life sentences and each having histories of violence against
guards at the time of the stabbing, are charged with first-degree murder and, if convicted, could face the death penalty.
The criminal trial is set for next year.
Attorneys for the inmates did not immediately return calls seeking comment.
The report called the prison, which opened in
2000, a "hard to fill duty station." One-third of staff had fewer than
three years' experience, and 80 percent fewer than 10. Rivera, 22, was an Iraq war veteran with less than a year at the prison.
After the stabbing, guards demanded changes, including protective vests, and a new warden was assigned to the prison.
Billingsley also said the prison now moves the most aggressive inmates from general populations to three special prisons
designed to handle them, and exerts more control over inmates' movements.
Guerrero was transferred to Atwater as a disciplinary problem the day before the stabbing, the report said.
Sablan and Guerrero originally were assigned to the same cell, but Guerrero told the operations lieutenant that as "alpha"
males, they were incompatible together, according to the report.
The next day they were among a group of Asians/Pacific Islanders drinking intoxicants, the report said.
At 3:20 p.m. on June 20, 2008, Rivera began to prepare for the afternoon head count. Inmates loitered instead of returning
to their cells, the report said, including Guerrero and Sablan. When Rivera ordered them in, the assault occurred.
Rivera, unarmed and wounded, ran down a stairwell and toward a locked door, activating his emergency call button. The report
said Guerrero tackled him while Sablan stabbed.
Rivera was stabbed 10 times before employees could unlock the door and 28 times before anyone stopped the assault, the
report said.
Sablan told the FBI he was drunk. After the killing neither was given a blood-alcohol test, now standard procedure.
Eight months before the killing, inmates had taken a guard hostage using a knife made from dishwasher parts, complaining
that prison gangs charged bribes for cell assignments. Prison officials took no action, so inmates considered it "an accepted
practice," the report said.
The report also said that homemade alcohol, made from sugary colas, is funneled into empty soda bottles and sold by prisoners
in the commissary. Intoxicated inmates were allowed to "sleep it off" rather than face disciplinary proceedings.
Following Rivera's death, a shakedown of the prison turned up 175 weapons after an initial search of eight of 12 housing
units, the report said. Investigators believed the shiv used to kill Rivera was made from parts from the Food Service Department's
dishwasher, something previously warned about, the report said.
"There were no patdowns, no screenings of inmates who worked around the machine," Peacock said. "The federal system really
needs to get its stuff together. If it wasn't Rivera, it would have been somebody else."
Family of slain correctional officer sues prison leaders
By CORINNE REILLY
The mother of slain U.S. Penitentiary Atwater correctional officer Jose Rivera has filed a lawsuit
against the penitentiary's former warden and two top officials with the Federal Bureau of Prisons, claiming they bear responsibility
for Rivera's 2008 murder.
Rivera, a 22-year-old Navy veteran, was stabbed to death by two inmates at USP Atwater last June. The
lawsuit, filed in federal court Tuesday, alleges that the penitentiary and the federal agency that oversees it, the Bureau
of Prisons, "willingly and knowingly participated in the creation of dangerous conditions that resulted in (Rivera's) death."
Specifically, Rivera's family claims the defendants assigned the two inmates suspected of killing Rivera
to a lower level of custody than warranted by their known violent histories.
It names five defendants in all: Dennis Smith, who was USP Atwater's warden at the time of Rivera's
death; Harley Lappin, the director of the Bureau of Prisons; Robert McFadden, director of the bureau's western region; and
two other USP Atwater employees, Marie Orozco and Jesse Estrada, who are believed to have decided where to house one of the
inmates suspected in the murder.
The lawsuit seeks punitive and compensatory damages but did not specify an amount.
"The defendants ... were each aware that the assailants were likely to assault and kill (Rivera), other
correctional staff and/or other inmates," the suit states.
A spokesman for USP Atwater, the penitentiary's new warden, Hector Rios Jr., and a spokeswoman for
the Bureau of Prisons each declined to comment on the lawsuit. A spokeswoman at Federal Correctional Institution Pekin, a
medium-security prison in Illinois where Smith was transferred after Rivera's death, said Smith also had no comment.
Lappin and McFadden didn't return phone calls Wednesday. Attempts to reach Orozco and Estrada weren't
successful.
Last week, Rios told Sun-Star Executive Editor Mike Tharp during a tour of the prison that his main
responsibility was "safety -- of the staff, of the inmates, of the community."
At a recent employee picnic, Rios recalled, many children of USP Atwater corrections officers showed up. "My job is to
make sure those parents return to those kids," he said last week.
Mark Peacock, a Newport Beach-based attorney representing the Riveras, said the family filed the suit in hopes of bringing
change to the federal prison system.
"Officer Rivera's death highlights the complete and utter breakdown of the prison's management in protecting their employees,"
Peacock said. "This can't be allowed to continue."
Rivera died June 20, 2008, inside a housing unit at USP Atwater, a high-security prison for men located just outside Merced.
The two inmates accused of killing him, James Leon Guerrero and Joseph Cabrera Sablan, were charged in August with first-degree
murder and could face the death penalty if they're convicted. They have pleaded not guilty and are tentatively scheduled for
trial in September 2010.
A Department of Justice investigation report said Sablan used an ice pick-like weapon -- probably made from parts of a
cafeteria dishwasher -- to stab Rivera at least 28 times while Guerrero held him down. Both inmates were drunk at the time,
the report said.
In line with USP Atwater policy, Rivera was alone with more than 100 prisoners when the assault took place. He was wearing
no protective equipment and carrying no weapons. He had worked at the penitentiary less than a year.
The Department of Justice report said alcohol was widely available to inmates inside USP Atwater and that previous internal
investigation had warned of earlier uses of dishwasher parts to assault correctional officers there.
The report also said no one else working near Rivera had keys to the housing unit where he was killed, which prevented
the earliest responders from reaching him. They instead stood helplessly by, waiting for keys while Rivera's attackers continued
to stab him.
It said both of the inmates had histories of assaulting correctional officers, though only one of them, Sablan, had been
designated a high-risk prisoner. The report also said Guerrero was living in a cell to which he wasn't assigned.
Peacock said FBI investigation reports, which haven't been made public but that Peacock has reviewed, include evidence
that Orozco and Estrada understood the danger in placing Guerrero in the prison's general population instead of assigning
him to a more secure housing unit.
"The FBI report says they basically predicted that this inmate might kill someone," Peacock said. "But they just put him
right in there with everybody else. And no one bothered to warn Officer Rivera."
Guerrero was transferred to USP Atwater the day before Rivera's murder because of discipline problems.
Among the improvements Rivera's family hopes to see are increased staffing levels, a better key management system and policy
changes to allow federal correctional officers to carry nonlethal weapons at work, such as Tasers or pepper spray.
National union leaders said they've been calling for such changes since before Rivera's death. They said there have been
some improvements at USP Atwater since his murder, but that many of the problems it exposed still exist at Atwater and other
federal prisons.
Besides removing Warden Smith from USP Atwater, the Bureau of Prisons has begun supplying stab-resistant vests to employees
who want them in the wake of Rivera's death.
A spokesman for USP Atwater, Jesse Gonzalez, said the penitentiary has also placed more restrictions on inmate movement
and boosted staffing.
Rep. Dennis Cardoza, D-Merced, said in an interview Wednesday that he has "incredible confidence" in Rios, USP Atwater's
new warden.
"I'm still very concerned about what's going on inside our federal prisons, but I do think we're moving in the right direction,"
Cardoza said.
The third of five children, Rivera lived in Chowchilla and graduated from Le Grand High School in 2003. He enlisted in
the U.S. Navy shortly after and served four years in the military, including two tours in Iraq.
USP Atwater opened in 2001 and housed roughly 1,100 prisoners at the time of Rivera's death. Systemwide, the Federal Bureau
of Prisons includes 115 institutions and more than 200,000 inmates.
n the shadow of the majestic Rocky Mountains, you can find one of the grimmest places
on Earth.
The federal government's only super-maximum security prison houses a veritable rogue's gallery
of the most dangerous criminals in the world, who spend their days and nights sealed in sound-proof concrete cells. Most on
the outside never come in; most of the inmates never come out.
"Nobody has ever escaped," President Obama said last month, referring to the Florence, Colo.,
fortress dubbed the "Alcatraz of the Rockies." It's here that Obama has suggested sending some of the inmates at the infamous
Guantanamo Bay detention center.
On Jan. 22, Obama issued an executive order, calling for the closure of the military facility
in Cuba within a year. The order also set in motion a review of the 240 detainees there to determine whether they should be
released or how they should be prosecuted and detained prior to any trial.
Referring to the Florence "supermax" last month, Obama said his administration will seek
to transfer at least some detainees to "the same type of facilities in which we hold all manner of dangerous and violent criminals
within our borders."
While Guantanamo Bay has been cast as a symbol of America's brutality during the war on
terrorism, the Administrative Maximum Security (ADX) U.S. Penitentiary in Florence has a severe reputation all its own.
Home to who's who of notorious criminals
Among those imprisoned in Florence are Ramzi Yousef, the architect of the 1993 World Trade
Center bombing; "shoe bomber" Richard Reid; Robert Hanssen, a former FBI agent turned Russian spy; Oklahoma City bombing conspirator
Terry Nichols; "Unabomber" Ted Kaczynski; and gang leaders representing a constellation of violent groups from the Aryan Brotherhood
to the Latin Kings.
The 490-bed facility built in 1994 also is the place where, according to prison consultant
James Aiken, the human mind goes to "rot."
Unlike most other American prisons, where inmates are largely free to mingle in crowded
wards and develop their own primitive pecking orders, the Florence supermax is based on isolation. There is virtually no inmate
interaction — for 23 hours each day, offenders are locked away in small, self-contained cells. When they are permitted
an hour of exercise, they are shackled and escorted to individual cages to walk where there are limited views of the outdoors.
A measure of the facility's stark environment was offered by U.S. District Judge Leonie
Brinkema three years ago when she sentenced al-Qaeda terrorist Zacarias Moussaoui to life there. "Mr. Moussaoui," the judge
said then, "when this proceeding is over, everyone in this courtroom is free to go any place they want ... (to) see the sun
... (to) hear the birds. You will spend the rest of your life in a supermax prison. ... To paraphrase the poet T.S. Eliot,
you will die with a whimper. You will never again get a chance to speak."
Attorney Ronald Kuby, who has represented about a dozen clients who have served time at
the Colorado facility, describes the isolated environment there as "inhuman and soul-destroying."
"Prisons tend to be brutal and arbitrary places," Kuby said, "but Florence was created with
the purpose of breaking a person."
To move detainees from Cuba to Florence, he said, would "not be a solution to the problem
of Guantanamo Bay.
"The worst of the worst go to Florence after losing at trial and they are stripped of the
presumption of innocence. These (Guantanamo detainees) haven't been convicted of anything. To expose them to these conditions
is not the mission of pretrial incarceration."
Federal Bureau of Prisons spokeswoman Traci Billingsley defends conditions at the Florence
prison, saying that although contact between inmates is restricted, there is contact with prison staffers "all the time."
"It's very humane," she said.
No decision yet on moving Gitmo detainees
Attorney Bernard Kleinman, who has visited the facility at least six times while representing
Yousef, said Guantanamo detainees would likely have "more freedom of movement in Guantanamo."
During his visits to Florence, Kleinman said he has observed his client grow more "withdrawn"
because of the lack of human contact.
The attorney said Yousef, 41, did describe a brief encounter with one fellow inmate, multiple
murderer Thomas "Terrible Tom" Silverstein.
The rare contact, however, was not at all comforting.
"You know," Kleinman recalls Yousef saying, "that guy is really crazy."
Kleinman said Yousef now often refuses to leave his cell for the hour of exercise because
he objects to the required body cavity searches.
In his national security address last month, Obama did not specifically state that any detainees
at Guantanamo would be transferred to Florence. But he strongly implied that the administration was considering the Colorado
site as a possible destination.
"As we make these decisions, bear in mind the following fact: Nobody has ever escaped from
one of our federal supermax prisons, which hold hundreds of convicted terrorists," Obama said.
That "one" supermax is Florence.
Justice Department spokesman Dean Boyd said no decisions have been made about where detainees
will be held. A detention policy report, which will recommend transfer locations for detainees, is due at the White House
in July.
If Florence makes that list, Bryan Lowry, president of the federal prison employees union,
said there will have to be some changes.
According to the Bureau of Prisons, all but one bed in the supermax are taken and there
is no immediate plan for expansion.
Federal Inmate Indicted for Assault on Federal Correctional Officer
Timothy M. Morrison, United States Attorney for the Southern District of Indiana,
announced that ANTHONY L. VAUGHN, 35, a Federal Bureau of Prisons Inmate, was indicted by a federal grand jury sitting in
Indianapolis for aggravated assault on a federal officer, following an investigation by the Federal Bureau of Investigation
and the Federal Bureau of Prisons.
The indictment alleges that VAUGHN assaulted a correctional officer at the Federal
Correctional Complex in Terre Haute, Indiana on April 23, 2009, resulting in bodily injury to the officer.
According to Assistant U.S. Attorney James M. Warden, who is prosecuting the case
for the government, VAUGHN faces a maximum possible prison sentence of 20 years and a maximum possible fine of $250,000. An
initial hearing will be scheduled before a U.S. Magistrate Judge in Terre Haute, Indiana.
Pollock prison inmate sentenced for assault
May 22, 2009
Robert R. Oviedo, 42, an inmate at U.S. Penitentiary in Pollock has been sentenced by federal Judge Dee
D. Drell to spend an additional 84 months in prison for assaulting another inmate.
Oviedo was charged by a Federal Grand Jury on September 24, 2008, in a two-count indictment charging
him with assault with a dangerous weapon and possessing prison contraband, U.S. Attorney Donald W. Washington reported.
Oviedo pleaded guilty on Feb. 17 to the assault charge, which stemmed from the June 12, 2008, assault
of another prison inmate at the maximum security U.S. Penitentiary with a seven-inch sharpened metal shank. According to information
provided by the Bureau of Prisons, the attack appeared to be the result of "in-house" gang discipline.
Oviedo, a career offender, has two prior felony convictions that involved crimes of violence. He
was subject to a higher or increased term of imprisonment under the United States Sentencing Guidelines.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant
U.S. Attorney Cytheria D. Jernigan.
Defense Official: Some Detainees May Go to U.S. Prisons
By Elisabeth Bumiller
For Michele A. Flournoy, the under secretary of Defense for policy, “never’’ is a long time – and
way too long in the intensifying battle in Congress over what to do with the detainees in the American prison in Guantanamo
Bay.
On Tuesday Harry Reid, the Senate Democratic majority leader from Nevada, vowed that Congress “will never’’
allow detainees from the prison to be released on American soil, even though President Obama has pledged to shut down the
prison by January 2010.
By Wednesday morning, Ms. Flournoy was pushing back. “I think there will be some that need to end up in the United
States,’’ she said over breakfast with reporters, adding that “I think this is a case where we need to ask
members of Congress to take a more strategic view.’’
Defense Secretary Robert M. Gates has said that as many as 100 of the current 240 Guantanamo detainees may have to be transferred
to a facility in the United States, but members of both parties in Congress have responded by saying “not in my district’’
and promising to strip $80 million from a war-spending bill that Mr. Obama has requested to close the prison.
Ms. Flournoy, who acknowledged that figuring out what to do with the detainees was “very challenging,’’
nonetheless said that Congress had to do its part, particularly when the U.S. was requesting that other nations accept some
of the prisoners. “I think that when we are asking allies to do their fair share in dealing with this challenge, we
have to do our fair share,’’ she said.
Then she pointed out, without naming names, “Many of these members called for the closure of Guantanamo.’’
Democrats Assist GOP in Guantánamo Debate
By Josh Rogin, CQ Staff
Republicans are getting plenty of traction — and Democratic help — in their effort to use the war supplemental
to stifle President Obama’s plan to close the Guantánamo Bay prison.
Late Wednesday, the GOP scored a tactical victory in the Senate, overwhelmingly winning approval of an amendment to the
fiscal 2009 supplemental spending bill that would require the administration to provide to Congress a threat assessment of
each of the prisoners now held and justify any detainee transfers that might come ahead of the assessments. There are about
240 detainees at the Cuba facility.
The amendment, offered by Minority Leader Mitch McConnell , R-Ky., was adopted, 92-3.
Earlier in the day, the Senate voted, 90-6, to strip $80 million of funds from the bill that would have aided the effort
to close the prison and deal with the prisoners. That amendment was offered by Appropriations Chairman Daniel K. Inouye of
Hawaii, one of the dozens of Democrats lending a hand to the efforts to thwart Obama’s plans for Guantánamo.
The successes highlighted the effectiveness of the Republican strategy to offer amendments written in ways that would make
Democrats vulnerable to criticism if they voted against them.
Even on a less substantive proposal — an amendment by , R-Kan., to express the sense of the Senate that state and
local governments should be consulted before the administration moves to place any Guantánamo detainees within their jurisdictions
— the Senate spoke clearly. The vote was 94-0.
The Senate has a cloture vote set for Thursday on the bill (S 1054),
and a vote on final passage is expected later that evening. The House passed its version of the legislation (HR 2346) on May 14, and the two chambers are expected to quickly reconcile their differences and
clear the bill shortly after the Memorial Day recess.
More Detainee Amendments Planned
Senate Republicans have several more Guantánamo-related amendments ready to go on Thursday.
The minority was pushing for a vote on an amendment by Saxby Chambliss , R-Ga., to prohibit any detainee held at Guantánamo
from being moved to the United States for any reason. That could stifle plans to try detainees in the U.S. court system.
Senate Majority Whip Richard J. Durbin , D-Ill., argued that the GOP amendments would only ensure that the Guantánamo prison
stayed open forever and pointed out that U.S. prisons already house alleged and convicted terrorists.
“Currently, we have 208 inmates in the Bureau of Prisons in the United States that are sentenced for international
terrorism,” said Durbin. “Do I feel less safe in Illinois . . . because of that? No.”
Some senior Senate Democrats held to the argument that bringing Guantánamo detainees onto U.S. soil was necessary and workable,
and expressed resentment of the GOP tactics.
“I believe that this has really been an exercise in fear-baiting,” said Sen. Dianne Feinstein , D-Calif., asserting
that her state has prisons that could hold the detainees. “I hope it’s not going to be successful.”
Obama will give a speech Thursday expected to touch on his plan to shut down the prison and deal with the prisoners. His
speech comes near the end of a week that saw many Senate Democrats steadily backpedaling on their support for his initiative.
The White House is going along with Senate Democrats’ decision not to provide Guantánamo-related funding before the
administration releases specifics about how it will deal with the prisoners.
“We share Congress’ belief that before resources are given for a project, that they need and deserve a more
detailed plan,” White House Press Secretary Robert Gibbs said Wednesday.
Meanwhile, administration officials gave differing views on whether moving some or all of the Guantánamo Bay prisoners
to secure facilities in the U.S. would be necessary or advisable.
“I think there will be some that will need to end up in the United States. I can’t tell you how many,”
Michčle Flournoy, undersecretary of Defense for policy, said. “This is a case where we have to ask members of Congress
to take a more strategic view.”
But FBI director Robert S. Mueller III told the House Judiciary Committee that it “would depend on the circumstances”
if holding alleged terrorists in U.S. prisons posed a security risk. “The concerns we have about individuals who may
support terrorism being in the United States run from concerns about providing financing, radicalizing others,” said
Mueller, who also noted “the potential for individuals undertaking attacks in the United States.”
Multiple Issues Still Ahead
Aside from Guantánamo, the Senate left several issues still to be addressed.
Jim DeMint , R-S.C., has offered an amendment to strip $5 billion to support an increased U.S. credit line to the International
Monetary Fund, an aide said.
Bob Corker , R-Tenn., Joseph I. Lieberman , I-Conn., and Lindsey Graham , R-S.C., have an amendment to require the president
to clearly establish the goals of the missions in Afghanistan and Pakistan and lay out a list of benchmarks that could measure
progress toward those objectives. Quarterly reporting would be mandated.
Jim Webb , D-Va., offered an amendment that would seek to prevent U.S. assistance to Pakistan from going to support that
nation’s nuclear weapons deployment.
Jon Kyl , R-Ariz., offered an amendment to bar any funds appropriated for the Strategic Petroleum Reserve from being given
to persons or firms that have done more than $1 million worth of business with Iran.
And John McCain , R-Ariz., proposed an amendment that would add $42.5 million to the $200 million in the bill for aid to
Georgia and other European countries.
In news conferences, speeches and debates this week, lawmakers from both parties, as well as the director of the FBI, have
sounded alarms about moving Guantanamo Bay detainees to federal prisons, where they could launch riots, hatch radical plots
or somehow be released among the populace.
"No good purpose is served by allowing known terrorists, who trained at terrorist training camps, to come
to the U.S. to live among us," said Rep. Lamar Smith (R-Tex.).
Senate Majority Leader Harry M. Reid (Nev.) said Tuesday,
before saying he was open to changing his position, "Part of what we don't want is them be put in prisons in the United States."
But the apocalyptic rhetoric rarely addresses this: Thirty-three international terrorists, many with ties to al-Qaeda,
reside in a single federal prison in Florence, Colo., with little public notice.
Detained in the supermax facility in Colorado are Ramzi Yousef, who headed the group that carried out the first bombing
of the World Trade Center in February 1993; Zacarias Moussaoui, convicted of conspiring in the terrorist attacks of Sept.
11, 2001; Ahmed Ressam, of the Dec. 31, 1999, Los Angeles airport millennium attack plots; Ahmed Omar Abu Ali, conspirator
in several plots, including one to assassinate President George W. Bush; and Wadih el-Hage, convicted of the 1998 bombing
of the U.S. Embassy in Kenya.
Inmates in Florence and those at the maximum-security disciplinary barracks at Fort Leavenworth, Kan., rarely see other
prisoners. At Leavenworth, the toughest prisoners are allowed outside their cells only one hour a day when they are moved
with their legs shackled and accompanied by three guards.
"We have a vast amount of experience in how to judge the continued incarceration of highly dangerous prisoners, since
we do this with thousands of prisoners every month, all over the United States, including some really quite dangerous people,"
Philip D. Zelikow, who was counselor to Bush administration Secretary of State Condoleezza Rice and executive director of
the 9/11 Commission, told the Senate Judiciary Committee last week.
For many of the most serious terrorists and violent criminals, Justice Department and prison officials impose special restrictions,
allowing few visitors, for example, and closely monitoring mail. The inmates also are kept in solitary confinement.
But on Wednesday, FBI Director Robert S. Mueller III told the House Judiciary Committee about his "concerns about providing
financing to terrorists, radicalizing others with regard to violent extremism, the potential for individuals undertaking attacks
in the United States. . . . If it's Florence or something, I think it would be very difficult for the person to get out and
very difficult for the person to undertake any activity. However . . . there are individuals in our prisons today . . . who
operate their gangs from inside the walls of prison."
Two years ago, an official from the Federal Bureau of Prisons told the House Committee on Homeland Security that authorities
were monitoring inmates who might try to spread extremist ideologies, screening clerics and moving terrorist inmates to special
facilities in Colorado and Terre Haute, Ind. The bulk of al-Qaeda-affiliated convicts in the United States are housed in those
two facilities, law enforcement officials said yesterday.
Still, one economically pressed community in Montana is bucking the trend of "not in my back yard." Some residents in Hardin
are volunteering to open their unused, 464-bed Two Rivers Regional Detention Facility to the detainees from Guantanamo Bay,
Cuba. The City Council recently passed a resolution in support.
But Sen. Max Baucus (D-Mont.) put
his foot down. "We're not going to bring al-Qaeda to Big Sky Country -- no way, not on my watch," he told Time magazine this
month.
What To Know Before Sending GITMO Prisoners To Supermax
by Gabacha
Over the last few years I've closely followed what's been going on inside the federal government's only maximum
security prison, officially titled the United States Penitentiary Administrative Maximum Facility. Located in the small valley
town of Florence, Colorado, the "Alcatraz of the Rockies" houses a long list of notorious inmates, including convicted al-Qaeda
terrorists and "Unabomber" Ted Kaczynski. Even today, the federal Bureau of Prisons agency that manages the facility will
not disclose a full list of the more than 400 inmates that are detained there.
I remember traveling recently to the quiet mountain town, which sits near the base of the Sangre De Cristo Mountains, to
meet with many of the guards who worked in the facility as employees with the federal Bureau of Prisons.
Florence has a population nearing 4,000 people, and a lot of guards who work in Supermax have grown up
together and went to high school together. We would meet at all hours of the day, huddling around various restaurant and diner
tables in the town, to discuss what it was like working inside a prison that has now become a potential candidate for locking
up inmates from Guantanamo.
The guards had to be careful. If they were seen talking to a journalist they would very likely lose their jobs. The Bureau
of Prisons has a strict policy baring employees from talking to the press, while the agency itself is very secretive and often
issues generic press statements that say nothing when it comes to questions surrounding prison safety. To this day, not one
interview with an inmate has been granted with the press inside Supermax. Recently the prisons bureau gave a tour of the prison
to a small selected group of media reporters for what guards at the prison would describe to me as a "dog and pony show" put
on by the warden. Suffice to say I wasn't invited.
Those who were working inside the prison were risking their jobs to talk with me because things were not right inside Supermax.
In March 2005, under the Bush administration, the prisons bureau implemented a directive called "mission critical," where
all agency institutions were ordered to come up with staffing plans that listed the bare-minimum needed to run each prison
safely. But by 2007, when I first began talking with the guards, the bureau wasn't even staffing the prison with enough people
for what the agency itself described as the "bare-minimum," and the workers had the staffing roasters to prove it. Time
and time again, I was able to see days when units in the prison, including the "terrorist" holding section, went completely
unmanned for for as long as 16 hours, meaning that employees were not available to provide consistent checks on the inmates
in the area.
The problem according to the guards was that the Bush administration was not adequately funding federal prison system,
opting instead to focus on privatized facilities. The employees weren't concerned about anyone escaping from the prison, but
they were more worried about their own safety due to the staffing shortage. Instead of doing one job, guards had to take on
four or five other jobs. Sometimes younger kids working there would cut corners to get good evaluations and put themselves
at unnecessary risk. One veteran told me, "Either a correctional officer is going to have to get hurt or an inmate’s
going to die before it gets corrected."
Routinely guards are forced to use "less-than lethal: weapons on inmates to quell disruptions that should never happen
in the first place in an adequately staffed prison. According to bureau documents I was given from a source inside the prison,
in April and May of 2008 alone correctional workers inside the Supermax fired the following:
--40 pepper balls, two 2-second OC burst and Six sting ball rounds discharged while doing a calculated use of force
on a disruptive inmate.
--37mm 3760 Hornets Nest rounds fired and 3-5 Pepperballs fired from the Pepperball launcher for disruptive inmates in
[prison unit redacted] who were fighting.
--Six rounds, .60 Hornets Nest fired during a calculated use of force on a disruptive inmate.
Presently, workers tell me they are hopeful that the new administration will fund federal prisons with the staffing levels
that are needed for guards to safely walk away from an 8-hour shift. In March, the American Federation of Government Employees,
the body that represents workers in the Supermax, said that Obama's plan to fund the prisons bureau was encouraging.
But one thing is clear when it comes to the issue of whether inmates from Guantanamo should be detained in Supermax. While
the guards are up to the task and are confident in their abilities to get the job done, there also needs to be additional
funding to the facility in order the guarantee the safety of not only the workers, but also the inmates that would be transferred
there.
Alberto Gonzales Okayed Supermax Prisons as Safe for Terrorists
May 22, 2009
There has been a lot of silly talk lately about how US prisons are ill-equipped to handle GITMO detainees. This is demonstrably
false on many levels, but a 2007 article about Colorado's Supermax facility caught my eye when I saw a familiar
name: former US Attorney General Alberto Gonzales.
Visiting Supermax, the "Alcatraz of the Rockies," reveals nothing so much as an astonishing and eerie quiet.
It's not what one would expect of a place that houses 473 notorious terrorists, vicious murderers and violent, disruptive
escape-prone inmates brought in from other federal penitentiaries.
I've visited noisy, boisterous state and federal prisons, where inmates scream for a visitor's attention or proclaim their
innocence.
But at Supermax -- officially called "Administrative Maximum," or ADX -- everything is very tightly controlled, with nothing
left to chance, so there is no particular sense of a threat, no feeling of vulnerability.
Prison officials also have been bugged by rumors that the penitentiary was not entirely safe and secure, and that the lack
of adequate staffing and a perimeter fence were potential problems to the community.
Bureau officials insist allegations of inadequate security were fueled by corrections labor unions wanting more staffing,
but complaints caught the attention of Attorney General Alberto Gonzales and Colorado Sens. Ken Salazar and
Wayne Allard, all of whom visited.
In the end, it was agreed that a $10 million perimeter fence wasn't needed.
Bureau of Prisons officials stressed that 95 percent of the Supermax prisoners are the most violent, disruptive and escape-prone
inmates from other federal prisons, and they were transferred to ADX to help control those other facilities. At ADX, every prisoner has his own 86-square-foot
cell.
Despite the brutal nature and violent history of most of the inmates, not a single major assault against a corrections
officer has occurred since the first inmates arrived in 1994.
And before you argue that these prisoners are less dangerous than the GITMO guys:
The handful of journalists allowed in were not allowed to see the headline-grabbing terrorists isolated under specially
designed procedures. We didn't get a glimpse of Zacharias Moussaoui, Ramzi Yousef, Richard Reid, Theodore Kaczynski or Terry
Nichols.
And apparently so as not to fuel inner terrorist fires, the newspapers from September 11 that will eventually reach the
al Qaeda members and sympathizers imprisoned here will be altered. It will be 30 days before they finally have access to the
9/11 papers, and then they will find that all articles dealing with the anniversary or terrorism will have been excised.
So the next time your GOP buddy tells you that US prisons can't take the terrorists, refer them to Wayne Allard,
Ken Salazar, and Alberto Gonzales, none of whom can be accused of being soft on crime.
Opposition rising to possibility of Guantanamo prisoners at Supermax
May 23, 2009
THE GAZETTE
You can hit a golf ball from the Bear Paw Golf Course into the federal prison complex outside Florence, state Rep. Buffie
McFadyen says.
It'd be a heckuva poke, maybe 400 yards. But McFadyen's point is made: the Florence Federal Correctional
Complex, 40 miles down the road from Colorado Springs, is not in the middle of nowhere, as Sen. Dianne Feinstein of California
said the other day during debate over what to do with war-on-terrorism detainees at the Navy base at Guantanamo Bay, Cuba.
To
many in this country and abroad, the Gitmo operation is a symbol of how far former President George W. Bush bent America's
legal and moral values after 9/11. In one of his first acts as president, Barack Obama gave the Pentagon 12 months to shut
it down. A debate has been simmering ever since, and it sharpened last Wednesday with a vote by the U.S. Senate to deny
the administration the $80 million it sought to close Gitmo.
The debate offers ample proof that at least one American
value is still intact - NIMBYism. Nobody wants the 240 detainees in Gitmo to wind up in their backyards.
A lot of Coloradans
are getting their backs up when ADX Florence - aka Supermax - enters the conversation. Supermax, the toughest of the Florence
prisons, is home to America's worst inmates. McFadyen called it "the most maximum-security federal penitentiary in the country,
if not the world."
Other sites mentioned by military officials as possible locations for Guantanamo inmates include
the Army prison at Fort Leavenworth, Kan., the Marines' Camp Pendleton, Calif., and the Navy's brig in Charleston, S.C. All
are military operations, so the detainees would not have to be transferred from the military justice system to the civil system.
"Military
detainees should not be transported to and held at Supermax because it is not a military facility," said Sen. Michael Bennet.
Colorado's other U.S. senator, Mark Udall, also opposes such transfers. A spokeswoman said "his strong preference would be
for detainees to stay within the military prison system."
But the military-civil technicality seems to have been eclipsed
in the current debate, which is focusing on the supposed threat that the detainees would pose to guards and residents of nearby
communities.
When Feinstein, chairwoman of the Senate intelligence committee, said Wednesday that Supermax was suitable
for Gitmo detainees in part because "it isn't in a neighborhood, it isn't in a community," U.S. Rep. Doug Lamborn pounced.
"I
resent the fact that Senator Feinstein would be so dismissive of the nearly 20,000 people who live in Florence and nearby
Cańon City," Lamborn, R-Colorado Springs, said in a news release.
He opposes any transfer of detainees to Supermax.
Opinion in Fremont County, where the detainees could bring more corrections and construction jobs, is more nuanced.
"The
Bureau of Prisons could handle it if they had to, but we'd have to have the funding, the training," said McFadyen, a Democrat
from Pueblo West whose district includes the prison complex.
Of chief concern is a lack of space. Capacity at Supermax
is about 490, and there was only one empty bed on Thursday, federal Bureau of Prisons spokeswoman Traci Billingsley told the
Associated Press.
Even if a decision was made tomorrow to build a new unit, it would be years before it was ready to
receive prisoners.
It would be possible to transfer some inmates out of Supermax to make room for Guantanamo detainees,
but it's quite unclear whether the detainees are any more dangerous than the prisoners's they'd replace.
Supermax already
is home to a slew of Islamic terrorists, including plotters of 9/11 and the 1993 World Trade Center bombing; leaders of the
Mafia and the nation's bloodiest street gangs; several drug lords for whom murder was part of the trade; and a variety of
racial supremacists, white and black.
Not to mention Theodore Kaczynski, the "Unabomber"; Eric Rudolph, the Atlanta
Olympics bomber; and Terry Nichols, who plotted the 1995 Oklahoma City bombing. His co-conspirator, Timothy McVeigh, called
Supermax home before he was executed in 2001. Supermax guards are used to dealing with dangerous prisoners. And no one
has ever escaped from there.
But some locals are worried that the presence of detainees will make Supermax a higher-profile
target for terrorists bent on liberating their jailed colleagues.
McFadyen also said corrections officials in California
have intercepted messages from the Supermax cells of leaders of Nuestra Familia, a street gang, to their minions out West.
If gang leaders can circumvent a system intended to prevent inmates from operating from their cells, imprisoned terrorists
may be able to do the same.
USP Atwater correctional officer's death
shines light on faulty system
By CORINNE REILLY
U.S. Penitentiary Atwater and the Federal Bureau of Prisons failed to take several steps that might have prevented the
murder of correctional officer Jose Rivera, according to a Department of Justice report.
The report, obtained by the Sun-Star on Monday, reveals disturbing new details about the circumstances surrounding Rivera's
murder and what appears to have been standard operating procedure at USP Atwater at the time of his death.
It says the two inmates accused of killing Rivera, James Leon Guerrero and Joseph Cabrera Sablan, were drunk when they
allegedly stabbed him to death last June, and that alcohol was widely available inside the penitentiary. It says the handmade,
ice pick-like weapon used to kill Rivera was probably fashioned from parts of a cafeteria dishwasher, and that a previous
internal investigation had warned of earlier uses of dishwasher parts to assault USP Atwater correctional officers.
The report also says no one else working near Rivera had keys to the housing unit where he was killed, which prevented
the earliest responders from reaching him. They instead stood helplessly by, waiting for keys while Rivera's attackers continued
to stab him.
The Sun-Star has previously reported that Rivera, a 22-year-old Navy veteran, was alone with more than 100 inmates when
he died. In line with policy, he was wearing no protective equipment and carrying no weapons. He had worked at USP Atwater,
a high-security prison just outside Merced, for less than a year.
Rivera's family plans to file a wrongful death lawsuit in federal court today against the Bureau of Prisons, said Mark
Peacock, the family's Newport Beach-based attorney.
"The bureau basically set this poor guy up," Peacock said of Rivera. "His mother deserves answers as to why things were
ever allowed to get this bad, and she's not getting any."
A Bureau of Prisons spokeswoman, Traci Billingsley, said the Department of Justice report is not a public document and
therefore declined to comment on it. USP Atwater's spokesman couldn't be reached Monday.
Though Rivera's alleged attackers were not asked to submit to blood, breath or urine tests, video surveillance footage
and interviews with witnesses indicate they were drunk at the time of Rivera's murder, the report says.
"Intoxicants are easily obtained by the inmate population at USP Atwater," it states.
The report adds that inmates often aren't punished for making, selling or drinking alcohol and that drunk inmates have
attacked correctional officers at USP Atwater in the past. The report also says inmates caught with weapons often aren't punished
and that weapon searches aren't adequate.
It says that eight months before Rivera's murder, inmates living in the same housing unit as the two accused of his murder
were found to have taken steel rods from the cafeteria's dishwasher, which they used to make a weapon and take a correctional
officer hostage.
An investigation following that incident warned that steps should be taken to prevent dishwasher parts from being used
as weapons again.
Several repairs were made to the dishwasher in Food Services to replace stainless steel rods from the conveyor belt," the
Department of Justice report says. "However, this area was never identified as a source of weapons material with appropriate
controls to restrict inmates from removing parts for the purpose of making weapons. This was noted in the After Action Report"
following the hostage situation.
The investigation into the hostage incident also revealed that cell assignments are controlled by gangs inside the prison,
rather than by USP Atwater employees, the Department of Justice report says.
It states that both of Rivera's alleged attackers had histories of assaulting correctional officers, though only one of
them, Sablan, had been designated a high-risk inmate. The report also says Guerrero was living in a cell to which he was not
assigned.
Citing autopsy results, the report says Rivera was stabbed at least 28 times. One wound punctured his heart, causing him
to bleed to death.
Sometime during the assault Rivera hit his body alarm, sending a signal to other correctional officers to respond. The
report says the first two people to arrive at the scene of the attack, a secretary and a unit manager, came from offices inside
Rivera's housing unit. They did not try to physically intervene.
Neither they nor the next several responders had keys to the unit's front door, which delayed other correctional officers
in stopping the attack.
"This delay ... could have been reduced had any of the other unit staff had a key to the front door," the report states.
"It appears from reviewing the tape, Officer Rivera is stabbed at least 10 times before the first staff member arrives on
the scene. There appear to be at least another seven stabbings before the mass staff respond to the emergency."
Among its recommendations, the report calls for new procedures for assigning inmates to cells, improved training and more
measures to find and seize intoxicants and weapons.
"It's a shocking dose of reality as to what these brave souls have to deal with at work," said Andy Krotik, spokesman for
the Atwater-based Friends and Family of Correctional Officers. "They're obviously not being given the tools they need for
the job."
The Federal Bureau of Prisons, of which USP Atwater is a part, is overseen by the Department of Justice. The department's
report was written by a team of bureau employees assigned to investigate the circumstances surrounding Rivera's death. Though
the team's on-site examination concluded last July, the report is dated April 17, 2009.
The Sun-Star obtained it Monday.
National union leaders who represent federal correctional workers said they didn't see the report until late last week.
"It kind of makes you wonder why this thing took so long to come out," said Bryan Lowry, president of the Council of Prison
Locals of the American Federation of Government Employees. "It's certainly not something to be proud of."
Lowry said there have been some improvements at USP Atwater since Rivera's death but that many of the problems highlighted
in the report still exist at Atwater and other federal prisons.
"For the most part, the control and supervision of inmates is still out of control," he said. "We're still drastically
understaffed and our officers are still out there completely unarmed."
Lowry said union leaders have been pressing the Bureau of Prisons to allow correctional officers to carry nonlethal weapons,
such as batons or Tasers, since before Rivera's death.
"Every issue that you see brought up in that report -- and other ones, too -- we've been bringing up those dangers for
a very long time," Lowry said. "We'll never know, but it's my belief that if Jose Rivera had been allowed to carry a 15-ounce
can of pepper spray, he'd probably be alive today."
In the wake of Rivera's death, USP Atwater's warden was replaced and the Bureau of Prisons has begun supplying stab-resistant
vests to employees who want them.
Guerrero and Sablan were charged with first-degree murder in August and could face the death penalty if they're convicted.
USP Atwater opened in 2001 and housed roughly 1,100 prisoners at the time of Rivera's death. Systemwide, the Federal Bureau
of Prisons oversees more than 200,000 inmates.
The third of five children, Rivera lived in Chowchilla and graduated from Le Grand High School in 2003. He enlisted in
the U.S. Navy shortly after and served four years in the military, including two tours in Iraq.
Gitmo Detainees - Not in Our Backyard?
Sunday, May 24, 2009
This is
a rush transcript from "On the Record," May 22, 2009. This copy may not be in its final form and may be updated.
JAMIE COLBY, FOX NEWS GUEST HOST: Supermax -- it's where they keep the
really bad boys, a federal prison in Florence, Colorado. It is home to some of the most notorious criminals in America. These
are names you know, including 9/11 co-conspirator Zacarias Moussaoui, Oklahoma -- I get shaken up because they're so dangerous,
these guys. I can't believe they're all in the same building. Oklahoma City bombing accomplice Terry Nichols and the Unabomber,
Ted Kaczynski. Can you imagine, all together?
Well, the problem is, according to the U.S. Bureau of Prisons, this particular supermax is full to capacity.
They have one bad guy bed available. That's it. So if Gitmo is shut down and they transfer terrorists to this supermax, that
would mean relocating less dangerous inmates to lower security facilities elsewhere in the country, maybe in neighborhoods
near you.
And that is of grave concern to Colorado congressman Doug Lamborn. He represents the district where the
prison is located, and he's joining me live now. Congressman, good to see you. Thank you so much.
REP. DOUG LAMBORN, R – COLO.: You're very
welcome. Good to be on your show.
COLBY: I am in for Greta. And I'm glad that you're here tonight on this
holiday weekend.
Congressman, let me ask you, Harry Reid agrees with you. He says U.S. jails are no place for these Gitmo
detainees.
And, in fact, it seems that the Senate agrees, too, because the majority refused to fund the closing of
Gitmo at this time.
So you have worked hard on this. Do you have to do any more work to make sure that these detainees do
not move into your area?
LAMBORN: Absolutely. It seems like President Obama is bound and determined
to bring these Gitmo detainees on to U.S. soil, which is a horrible idea for a lot of reasons.
They gain U.S. constitutional rights, which really complicates being able to convict them in a federal
court because we will have to compromise intelligence sources.
It is not just that we do not want them in our backyard, we do not want them in anybody's backyard.
COLBY: That's generous.
And I want to bring this up, because we're both attorneys. The fact is it they move -- it is not just
about them moving, right -- to the prisons, the supermax.
It is also about trying their cases potentially in courts on U.S. soil. If that happens, 1875, Cotton
(ph) Supreme Court case, the State's Secrets doctrine, classified information might be obtained during interrogation could
be released and could compromise our national security. Are you as concerned about that as having these detainee's in these
supermax prisons?
LAMBORN: Absolutely. That is the first concern. When you bring them
here to U.S. soil, you open up a legal Pandora's Box. But once you get them here, there are a lot of problems, also. As you
very accurately said, out of 490 beds at supermax, there is only one available.
So that means you take some of the most hardened and dangerous U.S. domestic criminals and send them back
to other prisons that are less secure.
Did you know that half the people at super-max are there because they killed other inmates? So you're
going to send them to places that are by definition less secure than supermax. There is only one super-max.
COLBY: I just want to ask you that you bring up the very interesting
point. Are these inmates allowed to congregate and spend time together? Because if you send a Gitmo detainee who did not appreciate
the fact that there were locked up for this period of time and trapped.
And now they get to know that now they're in Colorado in the middle of the country now. Is there a possibility
that they could either direct other inmates, because I found out today that supermax inmates often get released. It happens.
Could they send them on a terror mission, planning right here on U.S. soil? Is that a real possibility?
LAMBORN: They're kept in solitary confinement 22 hours a day. But they
do have limited opportunities. And they would look for ways of communicating surreptiously.
The radicalization of other inmates is a very real concern. Look at the flock that the FBI just uncovered
in New York. That came about through three of the four people who were converted in the jailhouse. So jailhouse conversions
is a real problem.
But there is another security problem as well, and that is to the people who guard them. There are a lot
of people who work in Florence and Canyon City as correctional officers guarding these people. And you bring in even more
dangerous people that maybe they had not signed up for, people like KSM, who boasted of beheading Daniel Pearl because he
was Jewish, the reporter for the "Wall Street Journal."
You bring people like that who want to kill Americans any chance that they can, and they're put right
here in our community. I do not want to see that happen.
COLBY: And I want to mention that even President Obama said there is
no guarantee that terrorists will not attack again or that Americans will not die as a result, even if they are released from
Gitmo. So he is aware of the risk.
Before let you go, because we will do this fair and balanced, we will talk to someone else, an elected
official locally who disagrees with you, actually wants the detainees to come. We're going to find out why. Do your constituents
agree with you?
LAMBORN: You can find a few who might think that there would be some
jobs associated with it. I am very skeptical about that.
Even if there are a handful of jobs that come with it, the security risk to the whole country by bringing
them on U.S. soil, plus the local risk, is not acceptable.
And everything I hear from people who live there is they do not want them in their community.
COLBY: Congressman, with your background and the committees you have
served on, you bring a lot of insight to the issue, and you have contacted President Obama directly we know. And thanks for
telling us. I hope you come back to Fox and tell us more as this progresses.
LAMBORN: Thank you.
COLBY: Let's go to Florence City Councilman Ron Hinkle. He has a completely
different take on the Gitmo detainees. He says send them over. He is going to join us on the phone from Florence, Colorado
now. Good to have you with us, councilman.
RON HINKLE, FLORENCE CITY COUNCIL (Via telephone): Thank you very much.
I appreciate it.
COLBY: You heard the congressman, and he is concerned for number of
reasons. First of all, that these trials could take place here, plots could be hatched. I covered that New York City terror
bust this weekend. They did not only convert to Islam in prison, and we are not saying that all Muslims want to bring terror
to America, but they also planned their plot to blow up synagogues and also take on military aircraft in prison, behind bars,
on unrelated charges. So why are you OK with this?
HINKLE: I think there is a due process here. I think there is a need
to evaluate the situation and evaluate the plan and have a plan. I do not know that there is a plan. The plan, as I see it,
is very limited on the local level.
But those in move them to Florence. And I do not think --
COLBY: Do you see a difference between the Gitmo detainee's and the
people that are in super-max already? Because I know you believe that jobs will be provided at Supermax is extended and these
prisoners got into Supermax. And it could be a good thing for the tax base of the community or federal and state funds, whatever.
HINKLE: You could simply substitute 300 --
COLBY: Is there a difference between a Gitmo detainee and one of these
Supermax prisoners? When I read the names in the beginning, I got shook up, frankly. Those are some scary guys.
HINKLE: And I do not know the general character of the Gitmo detainees
other than they are classified as terrorists. I am sure there are some similarities between the two groups.
What I am trying to say is I think if you simply substitute 300 Gitmo detainees with 300 super-max current
detainees, there won't necessarily be any additional jobs, because you have the same number of detainees. And as the congressman
said, there is one open bed.
So there has got to be a movement of personnel. I was under the impression that most of those detainees
were adjudicated through that super-max, and they would not be moved about. So I do not know if that is even possible.
If we were to build a new prison, a new facility, then obviously that would require more funds. And that
would be an economic impact, more employees, et cetera. But to simply substitute 300 for 300, I don't see that that is a large
economic impact.
COLBY: And they know they would not all go to one to supermax. They
would go to a number. And I know that you feel that if they had to build a new prison, that could be good for infrastructure
in your community. And you say a lot of your
HINKLE: That is certainly up to the bureau of prisons, and a much higher
level than what I am. What I am referring to is, I do not think the average citizen in Florence -- we are a small town of
3,000 people who live three to five miles from super-max. I do not think the average Florence citizen is too concerned. We
do not carry guns. We don't --
COLBY: So from your perspective -- I'm sorry I am out of time, but it
is good to hear that a lot of people, you feel, would be OK with it. They are used to supermax. There's only more person coming
--
HINKLE: I don't they would be radically against it --
COLBY: I am so sorry. Councilman Hinkle, we have you on the phone, and
I apologize, but we are out of time and I have to go to a break. I'm so sorry. But it is great to have you with us. Nice to
meet you. Thank you so much.
U.S. jail town unruffled by Gitmo prison transfer
Thu May 28, 2009
By Steven Saint
FLORENCE, Colo., May 28 (Reuters) - Over the hill from
the first hole at Sumo Golf Village is the Federal Correctional Complex. Golf pro Randy Burross could hit the prison with
a single drive.
He's more concerned about the rain on this day than the prospect of having Guantanamo Bay detainees
held over the fairway in the salmon and turquoise buildings set in rolling prairie.
"This is the safest place in the
state," Burross said. "And if anyone did escape, they wouldn't hang around here."
Dubbed the "Alcatraz of the Rockies,"
the jail could eventually become the home of some of the detainees from the Guantanamo Bay detention center that President
Barack Obama wants closed by January.
Obama, who has run into a storm of questions on what he plans to do with the
240 foreign terrorism suspects held at Guantanamo, said last week he would seek to transfer an undisclosed number to "highly
secure" U.S. prisons, such as the federal Administrative Maximum Security jail outside Florence.
Dubbed a "supermax"
jail, it is the only federal prison of its kind in the country. It houses a Who's Who of people convicted on terrorism charges,
including Unabomber Theodore Kaczynski, 1993 World Trade Center bomber Ramzi Yousef and Zacarias Moussaoui, convicted for
his role in the Sept. 11, 2001, attacks on the United States. The 490-bed facility currently has only one opening.
The
supermax prison is part of a correctional complex that sits about 2 miles (3 km) south of the Colorado town of Florence. A
sparse, chest-high barbed-wire fence is the only thing separating the four prisons that make up the complex -- each of varying
levels of security -- from the two-lane Highway 67.
Both Democratic and Republican lawmakers have called on Obama to
develop a plan to deal with detainees from Guantanamo, which opened at a U.S. naval base in Cuba in 2002 to house suspects
in the war on terrorism declared by Obama's Republican predecessor, George W. Bush.
TARGET FOR REPRISALS?
Objections
to detainees being brought to the United States have included concern about their rights once in the country -- rather than
at Guantanamo -- and worries that the transfer could make towns like Florence targets for reprisals.
But the lack of
concern of a resident like Burross is echoed all around this quaint town of 3,800 people, which made a push to host the jail
when the government dreamed up the concept of concentrating the U.S. prison system's most violent, disruptive and escape-prone
prisoners in 'supermax' facilities in the mid-1990s.
The town even sees the prisons as a way through the country's
current economic gloom.
"The prisons are a recession-proof, non-polluting industry for us," said Florence City Manager
Tom Piltingsrud. "There's not a lot of concern about sending detainees here because they've already sent us the worst of the
worst."
Profound isolation lies at the heart of the supermax detention philosophy. Prisoners are under around-the-clock
surveillance and have no contact with each other, leaving their 7-by-12-foot cells only for a daily hour of exercise in a
concrete chamber. The conditions are designed to be both harsh and secure.
The Federal Bureau of Prisons said no one
has escaped or even made a serious attempt to do so since the prison was built in 1994.
"I have the utmost confidence
in the Bureau of Prisons, the Department of Justice and our local law enforcement agencies that they can handle anything they
are tasked to do," Florence Mayor Bart Hill said.
Not everyone in Washington has been as sanguine about Obama's plans
for the Guantanamo detainees. Lawmakers say they do not want the "worst of the worst" being brought to prisons in their states.
Former
Vice President Dick Cheney led the Republican riposte, with speech last Thursday that lambasted Obama's security and detention
policies.
The Democratic-led U.S. Congress sent Obama a stinging setback by stalling funding for the closure because
there is no plan on what to do with the prisoners held there.
Schumer: Otisville federal prison is overcrowded, understaffed
OTISVILLE - The Federal Correctional Institution at Otisville is understaffed, underfunded and
overpopulated, Sen. Charles Schumer announced Monday in front of the prison.
Schumer vowed to meet with the Bureau of Prisons and to push for more funding for the federal system.
“You don’t have to be an expert in criminal justice to know this is a problem,” Schumer
said after a tour of the prison with corrections officials. A 2005 Bureau of Prisons study showed that assaults – both
inmate-on-inmate and inmate-on-staff – increase in frequency as a prison becomes more crowded. “We have seen that
here at Otisville as well,” Schumer said.
Otisville currently houses 1,205 inmates – but it is rated to hold 844, putting it at 42.7 percent
over its intended capacity. At the same time, Schumer said, the staffing levels are 14 percent below where they should be.
Although New York’s federal prisons are well-run and safe overall, Schumer said, budget cutbacks
dating to the Clinton and Bush presidencies have led to the crowding, to employees doing more than one job, and in some cases
to civilians such as counselors performing jobs that should be done by trained correction officers. Don Drewett, the vice
president of the Council of Prisons Local 3860 at Otisville, likened the prison to an assembly line; if you want to make a
certain amount of a product, you need a certain amount of staff. “More staff equals safer jails. There’s more
supervision, more oversight,” he said, but that seems to have fallen by the wayside since the Clinton administration.
“It has its toll. It affects every facet of your job.”
Unions say recession is sparking federal sector organizing
By Alyssa Rosenberg
May 29, 2009
The economic downturn is bad news for many Americans, but
for some of the unions that represent federal employees, the recession has brought an unexpected boom in interest.
Paul Shearon, secretary-treasurer of the International Federation
of Professional and Technical Engineers, said oversight of the stimulus package and other government efforts to stabilize the economy have
placed greater demands on the highly educated specialists IFPTE traditionally represents. "It puts the pressure on management,
too, and sometimes it puts management in the position of having to make unreasonable choices," he said.
Workers at three agencies Shearon declined to identify have approached IFPTE about
the possibility of forming locals. "Across the board ... they saw the union as an opportunity for them not only to protect
their interests, but [also] to improve their agency," he said. The union is considering increasing the size of its Washington
staff so it can reach out to agencies where workers have expressed interest.
Shearon and IFPTE Legislative Director Matt Biggs said the union has not made a
deliberate effort to expand. Rather, its successful 2007 campaign to organize researchers and analysts at the
Government Accountability Office raised its visibility and sent the message that white-collar workers
could benefit from unions as much as blue-collar employees, Shearon said. Social networking likely helped to spread the word,
he said.
IFPTE in late February won an election to represent employees at the Pension Benefit Guaranty Corporation,
the agency that oversees private sector retirement plans. Many of these
plans have been hit particularly hard by the economic downturn, increasing PBGC's workload.
"There is more and more oversight, our employees in GAO are getting an ever-increasing
number of reports and studies to perform," Shearon said. Pressures on PBGC workers are likely to get more intense as well,
he said.
Cassie Kerner, organizing director for the National Federation
of Federal Employees, said NFFE also is noticing heightened interest.
"A lot of federal employees have a spouse who has lost their job, or children who
are out of school but can't find work," she said. "A lot of federal employees are joining the union because they really value
job security in this economic downturn, and the union can help provide that
security through representation."
Kerner declined to provide specific numbers, but said a recent survey to determine
interest in organizing received three times as many positive responses as the union had expected. As a result, NFFE has established
a committee to communicate with potential members, and has rewritten its strategic plan to anticipate the need to reach larger
numbers of workers.
The spike in inquiries is a trial run for the coming generational turnover in the
workforce, Kerner said. Not only will agencies lose experienced workers as baby boomers retire, but unions will shed longtime
members. NFFE is planning an aggressive outreach campaign for new federal employees, according to Kerner.
Biggs said it made sense for IFPTE -- which represents both public and private
sector employees -- to concentrate its organizing efforts on government since it is one of the few employers hiring
more people. He also noted that, unlike private sector companies, federal
agencies generally shy away from bringing in outside consulting firms or
lawyers to block the formation of a union, making organizing campaigns easier and less expensive.
Both NFFE and IFPTE are glad for the opportunity to grow at a time when the economy
at large is shrinking. "We are going to make sure that we make the most of this period of increased interest in organizing,"
Kerner said.
Administration will push for governmentwide pay for performance
By Alyssa Rosenberg
May 27, 2009
Calling the federal pay system "balkanized to the point of a risk of failure,"
Office of Personnel Management Director John Berry said on Wednesday that he will pursue a significant reform of the civil
service system within the next two years, with the goal of establishing a governmentwide pay-for-performance system.
"About every 50 years or so, someone tries to take on Title 5 reform...I think
it's time again," Berry said at a meeting with reporters. "So we are going to [work] with all partners...and build a pay system
that will last for another 50 years."
Berry said President Obama has asked him to prepare a three-pronged strategy to
reform the law on federal employee pay: create a fair and credible performance appraisal and accountability system; develop
training that would prepare employees for promotion and support them throughout their careers; and establish genuine parity
between federal and private-sector salaries for employees in comparable occupations.
"I believe if we can deliver the first two [items], and they are serious and true,
and will be understandable to employees, managers and the public, that we can convince the public that an adjustment on comparability
is in order," Berry said, acknowledging that it would be difficult to establish pay comparability immediately during a recession.
He said he hoped that the administration and Congress, with help from employee
groups and academics, could create a pay-for-performance system that would cover a large majority of federal employees. Berry
said the new system should include large raises for a small group of truly outstanding performers, not just salary adjustments
to account for the cost of living. He also noted that poor performers should be given a period of time in which to improve
their work, or risk losing their jobs.
Berry acknowledged that designing a rigorous and sound system was a significant
challenge, and doubted that any private sector company would dare hold itself up as a model for performance-based pay. But
Berry said that during meetings with employee and managers' groups, even those organizations that opposed pay for performance
during the Bush administration were willing to at least explore reforms.
"If we have good communication and open and honest negotiations, we can get there,"
Berry said. "No one has foreclosed this as an option, said, 'You're crazy, you're not going to get there, [or] I'm not going
to participate.'"
Colleen Kelley, president of the National Treasury Employees Union, said that she
looks forward to working with Berry on pay reform and appreciated a more collaborative approach.
"Director Berry knows that NTEU's mission is to ensure that the federal workforce
is treated fairly," she said. "The previous administration's proposals did not, in our view, meet that objective."
Berry laid out an ambitious agenda in other areas as well. He has assigned teams
drawn from multiple divisions at OPM to find ways to simplify the hiring process, design more ambitious work-life balance
programs, and improve veterans' preference programs.
Berry said he hoped to make progress on all three of those priorities by June 2010.
On hiring in particular, he wants to create mandates rather than recommendations. As an initial goal, he suggested eliminating
Knowledge, Skills and Abilities statements in favor of resumes, and requiring agencies to use simplified descriptions in job
postings.
"OPM has basically tried the nice way, which has been recommendations and sweetly
asking" agencies to change, Berry said. "I don't see this effort as an attempt to build another set of nice options that people
have a choice to use. It will be mandated in the federal government, and we will use the power of the president to make sure
it's implemented in every agency."
Berry also said that the 10 extra points veterans receive on civil service exams
was not sufficient. He said his goal was to make OPM "a modern headhunting firm for veterans," providing individual career
counseling and placement services for veterans who have returned to the United States and hope to find work in civilian agencies.
In addition to reforming the pay system, Berry said his longer-term goals include
increasing the diversity of the federal workforce and moving aggressively to control costs in the Federal Employees Health
Benefits Program. He will appoint Christine Griffin, the former Equal Employment Opportunity commissioner, to head the agency's
diversity
Tucson federal prison remains on lockdown after inmate fights
By Alexis Huicochea
ARIZONA DAILY STAR
One
inmate was stabbed and two others were injured when two separate fights broke out at the maximum security federal prison Thursday
night.
Both
incidents, which were not related, spurred a lockdown that remained in effect on Friday.
Each
fight involved two inmates who used homemade weapons, according to Scott Pennington, spokesman for U.S. Penitentiary Tucson.
Pennington
did not know what the inmates used to make the weapons.
Three
of the four inmates were taken to local hospitals for treatment, Pennington said. Two have since been released while the one
who was stabbed remained hospitalized in stable condition.
No
staff members were injured.
The
prison will remain on lockdown pending the investigation. The names of the inmates were not released.
Moving any large number of terror detainees from Guantanamo Bay to Colorado's Supermax would require either shuffling
current residents out of the Florence prison or expanding its capacity and resolving a long-running battle over adequate prison
staffing.
As President Barack Obama and congressional leaders point toward the Colorado federal prison as a possible new home for
some of the detainees, one big problem is the bed-space crunch.
Supermax's approximately 480 concrete cells already are jammed with the likes of Oklahoma City bombing co-conspirator
Terry Nichols, Atlanta Olympics bomber Eric Rudolph and other notorious domestic criminals. There also are 33 international
terrorists, including Sept. 11 conspirator Zacarias Moussaoui, 1993 World Trade Center bombing mastermind Ramzi Yousef and
failed airline shoe bomber Richard Reid.
Only one bed was not filled Thursday at Supermax, U.S. Bureau of Prisons spokeswoman Tracy Billingsley said.
So getting any more than a handful of detainees from Guantanamo to Florence would require considerable logistical maneuvers
to clear room or an even longer-term solution through prison expansion.
The first step, according to the head of the union representing correctional officers, would be to increase staffing
at Supermax.
"There's a whole contingent of issues that have to be well thought out before we ever agreed to bring inmates of that
caliber into our system," said Bryan Lowry, president of the National Council of Prison Locals, which represents federal correctional
officers.
"These inmates that are in there now are some of the most dangerous inmates in the nation. I don't know how you move
them out just to move inmates from Guantanamo in. Alternatives have got to be explored."
State Rep. Buffie McFad yen, who represents the Florence area, believes one of the alternatives to be considered must
be a more secure prison to house anyone brought from Guantanamo.
"There's no hardened perimeter," she said of the current Supermax, noting that Congress has rejected several requests
to build one. "They'd have to build a facility. I believe it would have to be a separate facility. It would have a different
mission."
U.S. Sens. Mark Udall and Michael Bennet of Colorado both issued statements Wednesday opposing moving detainees to Colorado's
Supermax. However, freshman U.S. Rep. Jared Polis on Thursday took a different approach.
"Coloradans, like every American, want to keep these people from causing harm. We want to keep them locked up with no
chance of escape. We want to put them in the best facility for that purpose," Polis said.
"If (Supermax) is the best facility for the purpose of the country, then that's where we should lock them up."
Polis' position actually comes closest to echoing that of many locals surrounding the prison.
Congress and Obama certainly must hash out how transfers from Guantanamo would fit with U.S. judicial principles, Fremont
County Commissioner Ed Norden said.
"If (suspected terrorists) are adjudicated and convicted, then, yeah, I think (Supermax) is an appropriate place," Norden
said. "That facility was built to handle that kind of individual. But it causes problems when they are awaiting trial."
Once details were worked out, Florence residents probably would be supportive, Town Manager Tom Piltingsrud said.
They took the initiative on establishing Supermax in the first place, scraping together money to buy land and then donating
it to the government for the complex, he said.
They remain glad for the jobs it provides.
"It's a recession-proof industry," Piltingsrud said.
There already is a housing development with a Gary Player-designed golf course close to the federal prison complex that
includes Supermax. It has 100 units now but could have up to 1,500 when completed.
Still, Florence Mayor Bart Hall has little worry about maintaining the security of the area, even in the event of a large-scale
transfer from Guantanamo.
Hall noted that in rural Colorado, people are pretty self-reliant.
"Most of us own guns," he said.
Inmates Frequently Take Unsupervised Bus Rides
for Prison Transfers
Saturday, May 23, 2009 LAS VEGAS — Dwayne Keith Fitzen
— "Shadow" to fellow inmates at the federal prison in Waseca, Minn. — was halfway through his 24-year sentence
when prison officials decided to move him to a facility in California.
To make the transfer, the Bureau of Prisons did something fairly routine for the government
agency: It bought Shadow a one-way bus ticket and sent him, traveling unsupervised and unmarked, on the two-day trip.
Fitzen was 55 at the time, a motorcycle gang member convicted of dealing cocaine. He got
off the bus in Las Vegas, about 400 miles short of his scheduled destination, and became a fugitive. Five years later he's
still at large.
Since April 2006, the Bureau of Prisons has allowed 89,794 federal inmates to be transferred
without escorts, traveling mainly by bus.
The rationale behind the unescorted transfers, according to bureau spokeswoman Traci Billingsley,
is purely economic: Having prison officials, or U.S. marshals, in charge of moving inmates who have been prescreened and deemed
low-risk would be incredibly expensive, she said. Exactly how much it would cost, the Bureau of Prisons doesn't know.
Historically, fewer than 1 in 500 inmates being transferred without escorts have absconded,
Billingsley said. Although the federal agency doesn't have the exact numbers for recent years, that calculates to no more
than 180 inmates since 2006. The Bureau thinks this number is small enough to justify the cost-saving program, though bus
companies don't agree.
Bus companies have no idea when inmates are being transferred.
Greyhound in particular has asked the federal prison system several times to stop transferring convicts on its fleet.
"We feel this is an inherent safety risk to our customers and our employees as well,"
Greyhound spokeswoman Abby Wambaugh said.
Greyhound executives learned of the transfer program in 2005 and complained. Prison officials
tried to appease them, writing a letter noting that of the 77 inmates who escaped during unescorted transfers from October
2003 to September 2005, all but 19 were recaptured or returned to custody.
Fitzen is one of those 19.
Inmates going Greyhound have been gravy for TV news reporters who stumble upon the subject
every few years and attack it with a vengeance. Often, their reports mention Shadow's Las Vegas escape.
The truth is, unescorted transfers have been happening since the early 1990s, though Billingsley
didn't immediately have the program's start date or the number of unassisted transfers for years before 2006.
Billingsley also did not have numbers for how many inmates have fled bus transfers in
Nevada. But even one escaped inmate is enough to draw public ire, as well as ratings for TV news stations.
In its defense, the Bureau of Prisons offers a fact seldom addressed in reports on the
subject: Of the almost 90,000 inmates who have been transferred alone since 2006, the vast majority — 94 percent —
were being sent to halfway houses.
Inmates in halfway houses, where they are helped with finding jobs and integrating back
into society, are allowed to ride the bus and walk around town freely. Make it to your final destination, in other words,
and you can ride the bus all you want.
But not every inmate is being transferred to a halfway house. In the past three years
5,347 federal inmates have been transferred unescorted to minimum-security facilities, more commonly called prison camps.
Prison camp inmates are often sent into communities to do various jobs, repairing buildings,
cleaning roads and so on. This work is sometimes performed without a staff escort, or under intermittent supervision, according
to the 2005 letter from prison officials to Greyhound. The implied point: The bus isn't the only opportunity to escape.
Fitzen was headed from Minnesota to the Lompoc Federal Correctional Institution —
a low-security facility about 175 miles outside of Los Angeles. If he ever gets caught, he'll be in a world of trouble. This
is one of the "disincentives" prison officials say keep unescorted inmates from fleeing. Most inmates who run are ultimately
caught and then face more charges, Billingsley said.
Fitzen got off the bus in Las Vegas, then went to a bank and withdrew $12,000 in cash,
according to U.S. marshals, who are still looking for him. He has reportedly been spotted a few times since his escape, but
has otherwise lived up to his nickname.
Prison's violence had been rising before guard's 2008 slaying
May 15, 2009
WASHINGTON -- Spit and unsavory liquids are weapons within the forbidding confines of U.S. Penitentiary Atwater.
So are fists, feces and food trays. And in the months preceding the June 2008 slaying of Atwater guard Jose Rivera, newly
obtained records reveal inmates were improvising madly as they escalated their war with correctional officers.
The number of reported inmate assaults on Atwater staffers quadrupled between 2005 and 2007, Bureau of Prisons' records
obtained under the Freedom of Information Act show. When Rivera died on June 20, 2008, the high-security prison was on track
to again exceed its previous year's assault record.
"These guys are clever," said Andy Krotik, spokesman for the Atwater-based Friends and Family of Correctional Officers.
"They have all day to sit around and figure out how to make weapons."
Inmates assaulted Atwater staff 142 times between Jan. 1, 2005, and Sept. 4, 2008, the Bureau of Prisons records show.
The number of reported assaults leaped from 13 in 2005 to 38 in 2006 and 57 in 2007.
Through the first eight months of 2008, the number of reported assaults reached 34.
Now under the stewardship of Hector Rios Jr., its fourth warden in the past eight years, the Atwater prison has by several
accounts become a safer and more orderly place. Though up-to-date individual prison assault records weren't available, Krotik
said Atwater conditions have "dramatically improved" since Rivera's murder.
"It's completely different now," said Krotik, a former Atwater city councilman.
A spokesman for the Atwater prison could not be reached to comment. But at the national level, Bureau of Prisons officials
have identified at least some favorable trends. Nationally, the number of assaults on federal prison staff characterized as
"serious" declined steadily from 128 in 2005 to 82 in 2008.
"We have not experienced an increase in the rate of serious assaults on staff over the past several years, but there is
a sense that the assaults are more severe," Bureau of Prisons spokeswoman Traci Billingsley stated in an e-mail.
Krotik and Billingsley both credited tighter controls on inmate movements, beefed-up staffing and the transfer of what
Billingsley called "problematic" inmates into more restrictive prisons. Under union and political pressure following Rivera's
murder, the Bureau of Prisons also made protective vests available to staff.
"They have not adopted everything we wanted them to, but they have taken substantial steps," said Rep. Dennis Cardoza,
D-Merced.
Two former Atwater inmates already serving life sentences, 40-year-old Jose Cabrera Sablan and 42-year-old James Ninete
Leon Guerrero, now face the death penalty if convicted of Rivera's killing. Prosecutors say Guerrero held Rivera while Sablan
stabbed the 22-year-old Navy veteran with an eight-inch pick-type weapon.
Rivera was the first worker killed at the Atwater prison since it opened in 2001, but he was neither the first nor the
last to be attacked.
The Bureau of Prisons reports are summaries that lack crucial context. On Oct. 21 2006, for instance, an Atwater inmate
was simply reported to have been "aggressive toward staff." On another date, an inmate was reportedly "combative."
But often, the reports detail the myriad dangers prison guards confront. On Jan. 31, 2008, for instance, an Atwater corrections
officer was reported to have cut his hand due to "razor blades taped to unit officer's door handle."
A week later, an inmate threw his food tray at a staffer, striking him in the chest. On separate occasions over the next
several weeks, Atwater staffers reported being kicked, spat upon and punched.
During one representative week in November 2007, reports show that at different times unnamed Atwater inmates "threw food
tray at staff," "swung elbow at staff," "spit on staff" and "(struck) staff with closed fists."
Spit, in particular, is plentiful. Seventeen of the Atwater assaults reported since January 2005 involved spitting. Spit
can be disease-laden, but there are more revolting things.
Repeatedly, inmates throw urine and/or feces at the guards. Eight of the reported inmate-on-guard assaults at Atwater involved
urine and/or feces, and 21 involved what was simply called "unknown liquid."
Half of the reported assaults have taken place in the prison's Special Housing Unit. This is where officials send inmates
for added discipline; conditions are particularly spare, and inmates do not always respond well.
A guard at the Coleman federal prison in Sumter County pleaded not guilty Tuesday to charges that she smuggled cartons
of cigarettes to inmates in exchange for money.
A three-count federal indictment alleges that Vijaya L. Jackson supplied inmates with cigarettes and dietary supplements
on at least two occasions, receiving $5,000 total.
On the most serious charge — accepting a bribe as a public official — Jackson could face up to 15 years in
prison and a $250,000 fine.
The charges come a little more than a year after nine Coleman prison guards were arrested and accused of supplying cigarettes,
drugs and cell phones to inmates. The arrests were part of a two-year investigation led by the Justice Department, its Office
of Inspector General, the FBI and the Federal Bureau of Prisons.
Several of the guards were alleged to have received tens of thousands of dollars through the transactions, charging as
much as $350 per pack of cigarettes.
In most of these cases, the guards were sentenced to 40 months in prison followed by three years of supervised release.
The criminal complaint against Jackson indicates she worked at Coleman Medium Security Institution, one of three facilities
that make up the Coleman complex.
The medium facility houses roughly 1,652 male inmates and has an adjoining satellite camp for approximately 453 female
offenders.
Using intermediaries to carry out the exchange, Jackson allegedly used an aunt's address or Western Union to receive payments.
The government says she either supplied the inmates with the cigarettes via "hand to hand transactions" or by hiding them
in a secret location where they could later be retrieved.
Jackson was arrested March 18 and released on $10,000 bond. A jury trial is scheduled for July.
Knowledge of such transactions was first reported by a participating inmate, and later confirmed by an outside cooperating
witness, according to the criminal complaint.
Coleman is one of nine federal prisons in Florida. Its best-known occupant, former media baron Conrad Black, is in Coleman-Low
serving time on charges of fraud and obstruction of justice. He is scheduled to be released in October 2013.
Prison hiring sees low number of applicants from McDowell County
By CHARLES OWENS
WELCH — Area residents hoping to lock up a job at the new federal prison in Welch are being asked to attend
an upcoming job information seminar sponsored by the Federal Bureau of Prisons.
The session will be held Thursday,
May 21, from 6 to 8 p.m. at the National Guard Armory in Welch, Rachel Lester, economic development director for McDowell
County, said.
Lester said officials are hoping to see more residents of McDowell County apply for the 340 plus jobs
that have to be filled at the new federal prison. Lester said a greater number of residents of Mercer and Wyoming counties
attended the last job training session.
“I was a little disappointed that more McDowell Countians didn’t
attend the last class,” Lester said. “We had citizens from Mercer and Wyoming county dominate the class in McDowell
County, which is fine, but I would like to see more folks from McDowell County participate.”
Lester said residents
of McDowell County interested in obtaining a job at the new federal prison that is being constructed at the Indian Ridge Industrial
Park should attend the May 21 meeting.
“We definitely want to get them out there because there is a lot of information
like upcoming training sessions,” she said. “We’ve already held one training session in the county that
wraps up today. They were contacted from a database that Workforce (West Virginia) had been compiling. We want to increase
that database. We want those folks from McDowell County to get out there and starting putting out their applications. These
are good jobs. If anyone has any questions, they can call us, and we will help them as much as we can.”
Lester
said the federal prison construction is still on track to be completed by this fall. It will open in 2010.
Lester
said area residents are reminded that a federal prison is much like a small city surrounded by the security of a fence and
correctional officers. However, correctional officers aren’t the only positions to be hired.
The Federal Bureau
of Prisons also is looking to hire doctors, nurses, food service supervisors, accountants, secretaries, case managers, information
technology specialists, welders, maintenance worker supervisors and teachers, among other positions, according to a news release
from the Mercer County Workforce West Virginia Career Center.
Obama's budget contains $49.4 million for Mendota federal prison
By Michael Doyle
WASHINGTON — A long-delayed federal prison in the economically troubled town of Mendota
will be equipped starting next February with the help of $49.4 million in the Obama administration's proposed new budget.
Local residents say it's about time.
"This is something we've been waiting for," Mendota Mayor Robert Silva said in a telephone interview Monday. "This is going
to mean a lot for our community."
The funding for Federal Correctional Institution Mendota is part of a $105 million package included within the Bureau of
Prisons' proposed fiscal 2010 budget. The $105 million would be split more or less equally between Mendota and another new
facility in West Virginia.
Construction is still underway on the 960-acre, 1,152-bed Mendota prison, located several miles west of the Fresno County
town. The $49.4 million in so-called activation funding will pay for everything else that's needed.
"(It) would be used to support the hiring of staff, the purchase of furniture and equipment, and obtaining all vehicles
necessary to safely patrol and accommodate the needs of a new institution," Bureau of Prisons spokeswoman Felicia Ponce said.
The prison would also open next year, though a formal opening date has not yet been set.
With total completion costs now approximately a quarter of a billion dollars, the Mendota prison is far more expensive
than originally estimated. It is also smaller. The Bureau of Prisons dropped earlier plans for an accompanying minimum-security
camp and associated prison-industry facility.
Stop-and-start funding and a rise in material costs delayed completion and contributed to a final price tag that's 45 percent
above original estimates, the non-partisan Government Accountability Office reported last year. Restoring the minimum-security
camp and prison-industry facilities would add about $33 million to the total cost, the Bureau of Prisons estimates.
The medium-security Mendota prison that remains will employ roughly 350 workers. While upward of half of the workers may
be brought in from other federal facilities, the prison's job potential has attracted many local allies in a town where the
current unemployment rate is a staggering 41 percent.
"It's not a total cure-all for the community, but we will benefit," Silva said.
With pay incentives, designed to help the federal facility compete with higher-paying state prison jobs, guard salaries
will start at about $44,000 a year, the Bureau of Prisons estimates.
In addition to direct employment benefits, Silva said area vendors will gain business by selling food and supplies to the
prison once it opens. The Mendota facility should have an annual operating budget of between $15 million and $25 million,
congressional offices have been told.
On Capitol Hill, the Mendota prison has its champions. The city of Mendota this year has paid $10,000 to the lobbying firm
DPV Solutions to help secure final funding, lobbying records show.
Two years ago, lawmakers including Reps. Dennis Cardoza, D-Merced, and Jim Costa, D-Fresno, had to lean on the Bush administration
to secure final construction funding. In January, Costa met again with top Bureau of Prisons officials to press for the final
activation money.
"This is a step in the right direction," Costa's press secretary, Bret Rumbeck, said of the administration's budget request.
The prison funding still must be approved by Congress, following release of the Obama administration's 2010 budget late
last week. Rumbeck said he is not aware of any opposition.
Federal prison in Mendota expected to open in 2010
MENDOTA, Calif.—The impoverished farm town of Mendota should be getting a federal
prison by 2010, but it will be smaller and nearly twice as expensive as originally estimated.
Officials hope the 1,152-bed prison on 960 acres will provide an economic boost for the city as new employees shop and
do business with local merchants.
Bureau of Prisons spokeswoman Felicia Ponce says funding to complete the Federal Correctional Institution Mendota comes
from a $105 million package in the agency's budget to furnish and staff it and a prison in West Virginia.
Original plans at the medium-security prison, now with a $250 million price tag, also called for a minimum-security camp.
Construction stalled in 2006 as funds were diverted to Hurricane Katrina and the war in Iraq.
Thousands Of Prisoners Issued Bus Tickets
Passengers Say They're Concerned About Safety
KANSAS CITY, Mo. -- The American Bus Association said it is outraged over the news that
the Federal Bureau of Prisons has been issuing bus tickets to prisoners.
The prisoners are unescorted and unannounced, KMBC's Jim Flink reported.
During a visit to a bus terminal in downtown Kansas City, Flink found three people who had just been released from
state prison and were about to board a bus.
One of them, Michael Byrd, said he'd been in prison since 2005. Byrd was heading home on parole.
The Federal Bureau of Prisons said it has put nearly 90,000 prisoners on the bus system over the last three years.
The bureau said most of the prisoners are headed for halfway houses and that 99 percent arrive on time, without incident.
But some of the passengers are current prisoners being transferred. German Cruz is a federal prisoner in the midst
of his term. He was traveling from a Minnesota prison down Interstate 35 through Kansas City. He's been told to report to
a halfway house in Texas.
"We certainly would have liked to know about it, and clearly, we didn't know about this," said Charles Zelle, CEO of
Jefferson Bus Lines.
Flink asked Johnson County sheriff's Deputy Tom Erickson how his department transports prisoners. Erickson said they
use a bus with cages, small windows and security cameras.
"It's not just that the inmates are safe, but that the public is safe," Erickson said.
"You know, anytime someone's in jail, they'll pose a risk. They're in jail because they've committed some crime," Kansas
City police Capt. Rich Lockhart said.
"I wouldn't want to be riding along with criminals, especially hardened criminals," bus passenger Willa Woods said.
"Everyone should be able to know, and then we're allowed to make the choice if we want to choose to ride."
The Federal Bureau of Prisons said it screens all candidates, and most prisoners issued bus tickets are almost finished
with their sentences.
Passenger on long bus ride may be inmate, riding alone
Money-saving program has shipped federal prisoners unescorted for years
Dwayne Fitzen — “Shadow” to fellow inmates at the federal prison in Waseca, Minn. —
was halfway through his 24-year sentence when prison officials decided to move him to a facility in California. To make the
transfer, the Bureau of Prisons did something fairly routine for the government agency: It bought Shadow a one-way bus ticket
and sent him off alone, traveling unsupervised and unmarked on the two-day trip.
So when Fitzen, 55 at the time and a motorcycle gang member convicted of dealing cocaine, got off in Vegas, about 400 miles
ahead of his scheduled destination, other passengers probably had no idea they were witnessing a fugitive born. Five years
later, Shadow’s still at large.
Since April 2006 the U.S. Bureau of Prisons has allowed 89,794 federal inmates to be transferred without escorts, traveling
mainly by bus. The rationale behind the unescorted transfers, according to bureau spokeswoman Traci Billingsley, is purely
economic: Having prison officials, or U.S. marshals, in charge of moving inmates who have been prescreened and deemed low-risk
would be incredibly expensive, she said. Exactly how much it would cost, the Bureau of Prisons doesn’t know.
Historically, fewer than 1 in 500 inmates being transferred without escorts have absconded, Billingsley said. Although
the federal agency doesn’t have the exact numbers for recent years, that calculates to no more than 180 inmates since
2006. The Bureau thinks this number is small enough to justify the cost-saving program, though bus companies don’t agree.
Bus companies have no idea when inmates are being transferred. Greyhound in particular has asked the federal prison system
several times to stop transferring convicts on its fleet.
“We feel this is an inherent safety risk to our customers and our employees as well,” Greyhound spokeswoman
Abby Wambaugh said.
Greyhound executives learned of the transfer program in 2005 and complained. Prison officials tried to appease them, writing a letter noting that of the 77 inmates who escaped during unescorted transfers from October 2003 to September 2005, all but 19 were
recaptured or returned to custody.
Fitzen is one of those 19.
Inmates going Greyhound have been gravy for TV news reporters who stumble upon the subject every few years and attack it
with a vengeance. More often than not, their reports mention Shadow’s Vegas escape.
The truth is, this isn’t news. Unescorted transfers have been happening since the early 1990s, though Billingsley
didn’t immediately have the program’s start date or the number of unassisted transfers for years before 2006.
She also did not have numbers for how many inmates have fled bus transfers in Nevada. But even one escaped inmate is enough
to draw public ire, as well as ratings for TV news stations.
In its own defense, the Bureau of Prisons offers a fact seldom addressed in any news coverage on the subject: Of the almost
90,000 inmates who have been transferred alone since 2006, the vast majority — 94 percent — were being sent
to halfway houses.
And inmates living in halfway houses, where they are helped with finding jobs and integrating back into society, are allowed
to ride the bus and walk around town freely. Make it to your final destination, in other words, and you can ride the bus all
you want.
But not every inmate is being transferred to a halfway house. In the past three years 5,347 federal inmates have been transferred
unescorted to minimum-security facilities, more commonly called prison camps. Prison camp inmates are often sent into communities
to do various jobs, repairing buildings, cleaning roads and so on. This work is sometimes performed without a staff escort,
or under intermittent supervision, according to the 2005 letter from prison officials to Greyhound. The implied point: The
bus isn’t the only opportunity to escape.
Fitzen was headed from Minnesota to the Lompoc Federal Correctional Institution — a low-security facility about 175
miles outside of Los Angeles. If he ever gets caught, he’ll be in a world of trouble. This is one of the “disincentives”
prison officials say keep unescorted inmates from all fleeing. Most of the inmates who run are ultimately caught and then
face another charge for running, Billingsley said.
Fitzen got off the bus in Las Vegas, then went to a bank and withdrew $12,000 in cash, according to U.S. marshals, who
are still looking for him. Shadow has reportedly been spotted a few times since his escape but has otherwise lived up to his
nickname.
Prison is safer year after guard was slain
Records show violence spiraling before attack
By Michael Doyle
WASHINGTON -- Spit and unsavory liquids are weapons within the forbidding confines of U.S. Penitentiary Atwater.
So are fists, feces and food trays. In the months preceding the June slaying of Atwater guard Jose Rivera, newly obtained
records reveal inmates were improvising madly as they escalated their war with correctional officers.
The number of reported inmate assaults on Atwater staff members quadrupled from 2005 to 2007, Bureau of Prisons records
obtained under the Freedom of Information Act show. When Rivera died June 20, 2008, the high-security prison was on track
to again exceed its previous year's assault record.
"These guys are clever," said Andy Krotik, spokesman for the Atwater-based Friends
and Family of Correctional Officers. "They have all day to sit around and figure out how to make weapons."
Inmates assaulted Atwater staff 142 times from Jan. 1, 2005, to Sept. 4, 2008, the Bureau of Prisons records show. The
number of reported assaults leaped from 13 in 2005 to 38 in 2006 and 57 in 2007.
Through the first eight months of 2008, the number of reported assaults reached 34.
Now under the stewardship of Hector Rios Jr., its fourth warden in eight years, the Atwater prison has by several accounts
become a safer and more orderly place. Although up-to-date individual prison assault records weren't available, Krotik said
Atwater conditions have "dramatically improved" since Rivera's murder.
"It's completely different now," said Krotik, a former Atwater city councilman.
A spokesman for the Atwater prison could not be reached for comment. But at the national level, Bureau of Prisons officials
have identified at least some favorable trends. Nationally, the number of assaults on federal prison staff characterized as
"serious" declined steadily from 128 in 2005 to 82 in 2008.
"We have not experienced an increase in the rate of serious assaults on staff over the past several years, but there is
a sense that the assaults are more severe," Bureau of Prisons spokeswoman Traci Billingsley said in an e-mail.
Krotik and Billingsley credited tighter control of inmate movement, beefed-up staffing and the transfer of what Billingsley
called "problematic" inmates into more restrictive prisons.
Under union and political pressure after Rivera's murder, the Bureau of Prisons made protective vests available to staff.
"They have not adopted everything we wanted them to, but they have taken substantial steps," said Rep. Dennis Cardoza,
D-Merced.
Two former Atwater inmates serving life sentences, 40-year-old Jose Cabrera Sablan and 42-year-old James Ninete Leon Guerrero,
face the death penalty if convicted of Rivera's killing.
Prosecutors say Guerrero held Rivera while Sablan stabbed the 22-year-old Navy veteran with an 8-inch pick-type weapon.
Rivera was the first worker killed at the Atwater prison since it opened in 2001, but he was neither the first nor the
last to be attacked.
The Bureau of Prisons reports are summaries that lack crucial context. For instance, on Oct. 21, 2006, an Atwater inmate
simply was reported to have been "aggressive toward staff." On another date, an inmate was reportedly "combative."
Often, the reports detail the myriad dangers guards confront. On Jan. 31, 2008, for instance, an Atwater corrections officer
was reported to have cut his hand because of "razor blades taped to unit officer's door handle." A week later, an inmate threw
his food tray at a staff member, striking him in the chest. Over the next several weeks, Atwater workers reported being kicked,
spat upon and punched.
During one representative week in November 2007, reports show that at different times unidentified Atwater inmates "threw
food tray at staff," "swung elbow at staff," "spit on staff" and "(struck) staff with closed fists." Spit, in particular,
is plentiful. Seventeen of the Atwater assaults reported since January 2005 involved spitting.
Spit can be disease-laden, but there are more revolting things. Repeatedly, inmates throw urine and feces at guards.
Eight of the reported inmate-on-guard assaults at Atwater involved urine or feces, or both, and 21 involved "unknown liquid."
Half of the reported assaults have taken place in the Special Housing Unit. This is where officials send inmates for added
discipline; conditions are particularly spare and inmates do not always respond well.
VICTORVILLE • An inmate at the local federal prison died Wednesday as a result of a fight, officials said.
Several
inmates attacked Gregory Francis Ritter, 30, of Waikiki, Hawaii, Monday afternoon, according to San Bernardino County Sheriff-Coroner
officials.
San Bernardino County Fire Department officials transported Ritter to a local hospital. Later that evening he was flown
to Arrowhead Regional Medical Center in Colton in critical condition.
Ritter died of his injuries around 7:13 p.m. Wednesday, coroner’s officials said.
The FBI is investigating the incident.
Ritter has 18 convictions including the latest for drugs and firearm possession, according to the Honolulu Advertiser.
Ritter was arrested in March 2008 for firearm offenses, including being a felon in possession of a gun and ammunition,
and second- and third-degree promotion of dangerous drugs.
Union Movement Mourns Andrea Brooks
Posted By James Parks
| April 27, 2009
The union movement is mourning the loss of AFGE vice president and AFL-CIO Executive Council member
Andrea Brooks, 65, who died yesterday.
AFGE President John Gage said:
We are deeply saddened by the tremendous loss of a great friend to AFGE, the labor movement and to me personally. Andrea
was an ardent fighter for civil, women’s and human rights in the workplace, and she will be sorely missed.
During the 2008 elections, Brooks led AFGE’s successful voter protection campaign and worked closely with several
national organizations, including the AFL-CIO and Rock the Vote.
She was elected as AFGE’s vice president for women and fair practices in 2000.
AFL-CIO President John Sweeney called
Brooks “a strong union leader and committed advocate for lifting up the voices of all people, particularly working women
and people of color across the nation.”
AFL-CIO Executive Vice President Arlene Holt Baker, who worked with Brooks closely on voting rights and election protection
in the 2008 elections, said:
Andrea was never willing to be silent
on the issue of worker justice. She was a passionate crusader for the rights of all working people, especially women, and
she worked tirelessly to advance women within the labor community and the workforce.
Brooks began her union career at Ft. Benjamin Harrison in Indianapolis , rising through the ranks of AFGE while working
at the Department of Veterans Affairs.
Brooks saw early on the importance
of a union at the workplace. After training several men at the VA who went on to become her supervisors, she decided to become
a steward with her AFGE local to clear up “what’s wrong with this picture.”
She soon rose to become chief steward, then vice president, secretary-treasurer, executive vice president and, finally,
president for 10 years of AFGE Local 490 at the Veterans Affairs Regional Office in Los Angeles .
Brooks also served as vice president of the California State AFL-CIO and helped to formulate the first federal sector
subcommittee at the Los Angeles Central Labor Council.
As AFGE’s vice president for the union’s women’s and fair practices departments, Brooks worked to
move her union into the forefront of civil rights activism, saying:
I want AFGE to be known as the civil rights union.
Brooks said she believed that too often minorities allowed others to define what is a ”minority right.”
She said she was looking to mobilize “a civil rights movement” of all races and cultures.
Brooks is survived by three adult children and six grandchildren. Funeral arrangements are incomplete.
Inmate fight on bus at HIA broke norm
Initial reports said 20 to 30 inmates were fighting, but HIA spokesman Scott Miller said that was the
number of inmates on the bus and that only five were involved.
Wednesday, April 22, 2009
BY DAN MILLER
Of The Patriot-News
Federal prisoners are flown to Harrisburg International Airport at least once a week to be transported elsewhere.
Monday night's incident involving a fistfight among inmates on a bus was the first time in recent memory anything has gone
wrong, airport spokesman Scott Miller said. He emphasized that the public was never in danger because of the many steps authorities
take to ensure safety.
Detective Thomas Shank of Lower Swatara Twp. police said that Monday was the first time he could recall in more than 20
years with the force that township police were asked to respond to an incident involving the transport of federal prisoners
at HIA, which is in the township.
"These are done with no glitches at all," Shank said.
The incident occurred about 8:55 p.m. when five inmates got into a fight on a federal Bureau of Prisons bus parked on the
HIA tarmac, spokesman Angel Motta of the U.S. Penitentiary Allenwood said.
One inmate was taken to a hospital for treatment of nonlife-threatening injuries and then transported to the U.S. Penitentiary
Lewisburg.
Motta said no staffers were injured, and the bus was en route to Lewisburg. The Federal Bureau of Prisons is investigating
the incident, Motta said in an e-mail statement to The Patriot-News. Motta didn't say from where the prisoners had come.
Miller said federal prisoners are routinely flown into HIA under a program run by the U.S. Marshals Service. Unmarked planes
used for this purpose typically fly into the cargo area during the day, when the area is seldom used.
Miller said the prisoners aren't taken into the HIA terminal, and that they are usually in and out of HIA in less than
an hour.
The U.S. Marshals Service program -- the Justice Prisoner & Alien Transportation System, or JPATS -- doesn't use commercial
planes, according to information posted at usmarshals.gov/jpats/index.html.
Federal personnel usually handle the transports, and HIA police aren't involved. Miller said HIA police responded to help
first on Monday, followed by police and emergency personnel from nearby departments.
Miller estimated that 15 to 20 police cars and ambulances showed up. He wouldn't identify the responding departments.
He said all the emergency vehicles arriving at night combined with scanner chatter might have led people to think a riot
was going on, which wasn't so. Initial reports said 20 to 30 inmates were fighting, but Miller said that was the total number
of inmates on the bus and only five were directly involved.
A U.S. Marshals Service spokesman who wouldn't give his name declined comment, saying the incident happened after inmates
got off the plane and into the bus, where they became jurisdiction of the federal Bureau of Prisoners.
Official: Incident At HIA Involved Prisoners
U.S. Marshals Regularly Transport Prisoners At Airport
HARRISBURG, Pa. -- A representative for Harrisburg International Airport
said there was an incident involving prisoners Monday night.
The representative said U.S. Marshals regularly transfer prisoners at the airport, but that
a fight may have broken out among them, bringing out additional emergency workers.
U.S. Marshals would not say exactly what happened.
Labor-Management Partnerships Poised to Revive By Joe Davidson
From the Federal Diary's personals section: ISO -- Older, yet
vibrant, colorfully dressed male, with top hat, in search of partners for meaningful relationships. Marriage not necessary,
but a civil union would
be nice. Uncle Sam, after eight years of emotional separation, is ready to rekindle affairs with his employees. This isn't
the kind of workplace dalliance that could get him sued; it is the kind that could make the federal workplace work better. Sam,
under President Obama's guidance, and federal employee unions are working to get back together in the form of labor-management
partnerships. The partnerships were created in 1993 by President Bill Clinton's Executive Order 12871 but withered during
the Bush years. Clinton's goal was to build a more cooperative relationship at the workplace between management and employees,
which could reduce tensions and formal complaints, including grievances and charges of unfair labor practices. Unions also saw partnerships as an
opportunity to gain a greater voice in workplace decisions traditionally left to management. But President
George W. Bush issued his own order revoking Clinton's less than a month after taking office. Now, union leaders say
the Obama administration is considering an order to establish a new and improved version of the partnerships. But even
without that order, there is movement within the Obama administration on the partnership front, notably at the Environmental Protection Agency. Tomorrow the executive board of the EPA's National Partnership
Council will hold its first meeting in years, said Mark Coryell, a co-chairman of the council who is also the president
of the American Federation
of Government Employees local in Ann Arbor, Mich. "We're trying to get it back together again," he said. "Right now
we see some good signs." EPA Administrator Lisa P. Jackson said she met with union leaders shortly after taking office
and agreed to reestablish the partnerships at her agency. "I'm excited about it," she said in a conference call with the Trotter
Group, an organization of black columnists. "They asked, and I was thrilled that they wanted to be part of a partnership again."
Partnership meetings are not the same as labor negotiations. The focus, which is more broadly defined, is on how workers and bosses can cooperate
to improve agency services. Coryell expects that the EPA panel, which has six members from labor and management each, eventually
will discuss such general workplace issues as getting managers to allow regular telework schedules. A Clinton administration
document explained the rationale for partnerships: "Traditional union-employer relations are not well-suited to handle a culture change that asks workers and managers to think first about the customer
and to work hand-in-hand to improve quality. We can only transform government if we transform the adversarial relationship
that dominates federal union-management interaction into a partnership for reinvention and change." As an example, Mark Roth,
AFGE's general counsel, cited Clinton-era partnerships at the Department of Veterans
Affairs and the U.S. Mint that improved service and saved money. VA established teams on patient care, patient wait
times and employee overtime. Wait times were cut dramatically, and mandatory overtime dropped, saving the agency money while
boosting worker morale. A shop-floor Mint worker suggested changing the dye in the money-printing process, and that saved
millions of dollars. "At this point," Roth said, "it would be fair to say partnership is one of our strongest priorities because
it is probably the most meaningful way we can work with the Obama administration in transforming the way government delivers
services to the people." Congress also could get into the act, if a bill from 2007 is reintroduced. The measure by Sen. Daniel K. Akaka (D-Hawaii), chairman
of the Oversight and Government Reform subcommittee on oversight of government management, the federal workforce and the
District of Columbia, would establish the Federal Labor-Management Partnership Council. Bush's order killed a similar body.
Hillary Rodham Clinton, then a senator and now secretary of state, co-sponsored the bill. Sen. George V. Voinovich (Ohio),
the ranking Republican on the subcommittee, also spoke in favor of partnerships before Bush issued his order. With backing
like that, and with a new administration in place, partnerships almost certainly will be seen again. "We think partnerships
help make the government better," said Colleen M. Kelley, president of the National Treasury Employees Union.
"Frontline employees have a lot of really good ideas about how to make the government work better." Diary associate Eric Yoder
contributed to this report. Š 2009 The Washington Post Company
Growth in Prison and Jail Populations Slowing: 16 States Report Declines in the Number of
Prisoners
As of June 30, 2008, state and federal correctional authorities had jurisdiction or legal authority
over 1,610,584 prisoners. Additionally, 785,556 inmates were held in custody in local jails, the Bureau of Justice Statistics (BJS) in the Office of
Justice Programs, U.S. Department of Justice, announced (see also Office of Justice Programs - Us Department of Justice). During
the six months ending June 30, 2008, the prison population increased by 0.8 percent, compared to 1.6 percent during the
same period in 2007. The local jail population increased by 0.7 percent during the 12-month period ending June 30, 2008, accounting
for the slowest growth in 27 years. Sixteen states reported decreases in their prison populations. California (down 962 prisoners) and Kentucky
(down 847) reported the largest decreases since yearend 2007. While the prison populations in the remaining 34 states increased,
growth slowed in 18 of these states. For these 18 states, prison populations increased by 1.6 percent in the first half
of 2008 as compared to the increase of 3.1 percent in the first half of 2007. Minnesota
experienced the largest growth rate (up 5.2 percent) in the first six months of 2008, followed by Maine
(up 4.6 percent) and Rhode Island and South
Carolina (both up 4.3 percent). The federal prison system added 1,524
prisoners in the first six months of 2008, reaching a total of 201,142 prisoners. The 0.8 percent growth represented the smallest
increase in the first six months since 1993 (when BJS began collecting data at midyear). State and federal prisoners in private facilities
increased 6.8 percent during the 12-month period, reaching 126,249 at midyear 2008. The federal system (32,712), Texas (19,851),
and Florida (9,026) reported the largest number of prisoners in private facilities. As of June 30, 2008,
over 2.3 million inmates, or one in every 131 U.S. residents, were held in custody in state or federal prisons or in local jails, regardless of sentence
length or conviction status. Since yearend 2000, the nation's prison and jail custody populations have increased by 373,502
inmates (or 19 percent). Over one-third of inmates held in custody at midyear 2008 were in local jails. More than half (52
percent) were housed in the 180 largest jail facilities, with average daily populations of 1,000 inmates or more. Overall,
an estimated 13.6 million inmates were admitted to local jails during the 12-month period ending June 30, 2008. Local jails
operated at about 95 percent of their rated capacity as of June 30, 2008. During the preceding 12 months, the nation's jail
capacity increased by 14,911 beds, while the number of inmates increased by 5,382 persons. Almost two-thirds (63 percent)
of all jail inmates
were awaiting court action or had not been convicted of their current charge, up from 56 percent in 2000. Based on jail
jurisdictions that reported data, non-U.S. citizens made up 9.0 percent of their total jail population in 2008, up from
7.7 percent in 2007 and 6.1 percent in 2000. Among inmates held in custody in prisons or jails, black males were incarcerated
at 6.6 times the rate of white males. One in 21 black males was incarcerated at midyear 2008, compared to one in 138 white
males. At midyear 2008, black males (846,000) outnumbered white males (712,500) and Hispanic males (427,000) among inmates
in prisons and jails. About 37 percent of all male inmates at midyear 2008 were black, down 41 percent from midyear 2000. Female
incarceration rates were substantially lower than male incarceration rates at every age. Black females (with an incarceration
rate of 349 per 100,000) were more than twice as likely as Hispanic females (147 per 100,000) and over 3.5 times more likely
than white females (93 per 100,000) to have been in prison or jail on June 30, 2008. An estimated 207,700 women were held
in prison or jails at midyear 2008, up 33 percent since midyear 2000. The accompanying standardized tables, Prison Inmates at Midyear 2008 - Statistical Tables (NCJ 225619) and Jail Inmates
at Midyear 2008 - Statistical Tables (NCJ 225709), were prepared by BJS statisticians Heather C. West, Todd D. Minton,
and William J. Sabol. Following publication, the tables can be found at http://www.ojp.usdoj.gov/bjs/abstract/pim08st.htm and http://www.ojp.usdoj.gov/bjs/abstract/jim08st.htm. For additional information about the Bureau of Justice Statistics' statistical reports and programs, please visit the
BJS Web site at http://www.ojp.usdoj.gov/bjs. The Office of Justice Programs (OJP), headed by Acting Assistant
Attorney General Laurie O. Robinson, provides federal leadership in developing the nation's capacity to prevent and
control crime, administer justice, and assist victims. OJP has five component bureaus: the Bureau of Justice Assistance; the Bureau of Justice Statistics;
the National Institute of Justice; the Office
of Juvenile Justice and Delinquency Prevention; and the Office for Victims of Crime. In addition,
OJP has two program offices: the Community Capacity Development Office,
which incorporates the Weed and Seed strategy, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering,
and Tracking (SMART). More information can be found at http://www.ojp.gov/.
FLRA upholds award allowing official time while telecommuting
CASE FILE:Department of the Treasury,
IRS and NTEU,109 LRP 18053(FLRA 03/24/09).
Ruling: The FLRA denied the agency's contrary-to-law exceptions to an award ordering
the agency to allow union representatives to use official time while telecommuting, and granting back pay and reimbursement
for reasonable expenses.
What it means: Neither FLRA precedentnor Section 359 of Public Law 106-346 bars union representatives
from using official time while telecommuting.
Summary: The agency denied requests for union representatives to perform representational
duties while telecommuting. At arbitration, the arbitrator determined that the parties had a past practice of allowing union
representatives to perform representational duties while telecommuting. The arbitrator also found that while negotiating a
new agreement, the parties discussed the practice in light of the HUD decision,104 LRP 46283 ,60 FLRA 311(FLRA 2004). The parties verbally agreed that the contract wouldn't address official time by telecommuters, but
that the agency wouldn't alter the practice, the arbitrator found. After the new agreement took effect, the agency barred
the use of official time while telecommuting. The arbitrator concluded that this violated the verbal and written agreements,
and that HUD didn't require elimination of an existing past practice. He ordered the agency to allow the practice,
and granted back pay and reimbursement for reasonable expenses.
The agency asserted that the award was contrary to law because it was incompatible with HUD.
The FLRA explained that Section 359 of Public Law 106-346 provides the statutory basis for an agency to establish a telecommuting
program for workers to perform officially assigned duties at home or another work site. In HUD, it ruled that Section
359 does not authorize union representatives on official time to telecommute. However, Section 359 also doesn't prohibit union
representatives from using official time while telecommuting, because it doesn't relate to official time. Neither HUD
nor Section 359 bars union representatives from using official time while telecommuting, the FLRA wrote, so it denied the
agency's contrary-to-law exception.
The agency also argued that the back pay portion of the award was contrary to law in that
it would provide overtime for non-duty time, which is barred by5 USC 5541.The FLRA has held that when official time is wrongly denied and representational activities are performed on
non-duty time,5 USC 7131 (d) allows aggrieved employees to be paid at the appropriate straight-time rate. In this case, there was "no
evidence" that the award of back pay encompassed overtime. The FLRA denied this exception.
Lastly, the agency contended that the award of expenses was contrary to law because employees may
not be compensated for commuting or other personal expenses. However, the union had not yet claimed its expenses, due to the
filing of exceptions. The FLRA stated that nothing in the award required the agency to reimburse unlawful expenses, and denied
the exception.
GEO
Loses 42.5 Million dollar suit
Prison company
to pay $42.5 million in beating death
By John MacCormack
- Express-News
In a searing opinion, the 13th Court of Appeals has upheld $42.5 million in punitive damages against a private prison
operator for the “horrific and gruesome death” of inmate Gregorio De La Rosa Jr. in 2001.
De La Rosa
was beaten to death by two other inmates at a 1,000-bed facility in Raymondville while guards and supervisors looked on, according
to trial testimony three years ago.
The trial
judge concluded that prison officials, including co-defendant David Forrest, the prison warden, had destroyed or lied about
critical evidence, including a videotape of the fatal beating.
When De La
Rosa died, he had only four days left to serve on a six-month sentence for a minor drug offense.
In the appellate
court ' s ruling late last week, it upheld all but $5 million of the original $47.5 million jury award, noting, “We
find Wackenhut ' s conduct was clearly reprehensible and, frankly, constituted a disgusting display of disrespect for the
welfare of others and for this state ' s civil justice system.”
Wackenhut
Corrections Corp. later became the Geo Group, which operates about 50 private prisons in five countries, including 19 in Texas
. Lawyer Reagan Simpson, who represented Geo, did not return a call seeking comment.
Ronald Rodriguez
of Laredo , who sued Wackenhut on behalf of De La Rosa ' s family, said the appellate court sent “a clear message to
the Geo Group that it will not tolerate (its) intentional malice, trickery and deceit, and attempted manipulation of the judicial
system.”
Corrections sergeant shot outside of
Pima County jail
By Alexis
Arizona Daily Star
Tucson, Arizona
A Pima County Sheriff’s Correction
sergeant was shot in the leg this morning in the parking lot of the minimum security jail on Mission Road .
The sergeant is expected to
survive as his injury is considered non life-threatening.
The shooting was reported around 4:15 a.m. after the sergeant who works the midnight shift was
out in the parking lot, making his way back into the building, said Sgt. Fabian Pacheco, a Tucson Police Department spokesman.
As he was walking, he felt
a sharp pain in his leg and he fell to the ground, Pacheco said. A female inmate on work furlough saw the sergeant fall and
went to help him up and assist him into the building. Once he was inside, his leg was examined and it was determined that
he suffered a through-and-through gun shot wound to his lower right leg, Pacheco said.
“We don’t know the origin of the gun shot, whether this was random or what happened,”
Pacheco said.
The Tucson Police Department
is utilizing officers, police dogs, and air support in an effort to track down the shooter, Pacheco said. South Mission Road
has been shut down in both directions from West Silverlake Road to West Starr Pass Boulevard . Travel on Silverlake is restricted
and motorists are advised to avoid the area.
Corrections Corporation of America Announces Contract Award With Federal
Bureau of Prisons
April 01, 2009: 04:15 PM ET
Corrections Corporation of America ("CCA") (NYSE: CXW) announced today that it has been awarded a contract with the Federal
Bureau of Prisons (BOP) to house up to 2,567 federal inmates at CCA's recently completed 2,232-bed Adams County Correctional
Center in Mississippi.
The four-year contract, awarded as part of the Criminal Alien Requirement 8 Solicitation ("CAR 8"), also provides for up
to three two-year renewal options and includes contract provisions that are materially comparable to the Company's other contracts
with the BOP, including a 50 percent guarantee of occupancy during activation period and a 90 percent guarantee thereafter.
CCA expects to receive a Notice to Proceed within 120 days of the contract award and expects to commence receiving inmates
during the third quarter of 2009. Under the provisions of the award, the Company could earn revenues of up to approximately
$226.4 million during the initial four-year term of the contract.
"We are delighted that the Federal Bureau of Prisons has chosen our company in awarding this contract. We currently house
more than 8,500 inmates from the BOP at several of the facilities we own. We believe this new award reflects the BOP's ongoing
commitment to utilize the private sector to allow the agency the flexibility in managing its bed-space needs in a reasonable
and cost effective manner," stated John Ferguson, Chief Executive Officer. "We developed our Adams County facility in anticipation
of future demand from our customers, and we believe our ability to immediately provide a facility capable of meeting the capacity
requirements of the BOP combined with our commitment to providing quality service were important factors in obtaining this
award."
About CCA
CCA is the nation's largest owner and operator of privatized correctional and detention facilities and one of the largest
prison operators in the United States, behind only the federal government and three states. CCA currently operates 64 facilities,
including 44 company-owned facilities, with a total design capacity of approximately 85,000 beds in 19 states and the District
of Columbia. CCA specializes in owning, operating and managing prisons and other correctional facilities and providing inmate
residential and prisoner transportation services for governmental agencies. In addition to providing the fundamental residential
services relating to inmates, our facilities offer a variety of rehabilitation and educational programs, including basic education,
religious services, life skills and employment training and substance abuse treatment. These services are intended to reduce
recidivism and to prepare inmates for their successful re-entry into society upon their release. CCA also provides health
care (including medical, dental and psychiatric services), food services and work and recreational programs. To learn more
about CCA, visit www.correctionscorp.com.
Corrections
Corp. of America wins $226.4 mln Federal Bureau of Prisons contract
(RTTNews) - Corrections Corp. of America (CXW: News ) Wednesday said it received a contract from the Federal Bureau of Prisons to house up to 2,567 federal inmates at CCA's recently
completed 2,232-bed Adams County Correctional Center in Mississippi. The four-year contract, awarded as part of the Criminal
Alien Requirement 8 Solicitation ("CAR 8"), also provides for up to three two-year renewal options and includes contract provisions
that are materially comparable to the Company's other contracts with the BOP, including a 50 percent guarantee of occupancy
during activation period and a 90 percent guarantee thereafter. CCA expects to receive a Notice to Proceed within 120 days
of the contract award and expects to commence receiving inmates during the third quarter of 2009.
Under the provisions
of the award, the company could earn revenues of up to approximately $226.4 million during the initial four-year term of the
contract.
Market Report -- In Play (CXW)
April 1, 2009 4:16 PM ET
Corrections
Corp announces contract award with BOP worth up to $226.4 mln The co announces that it has been awarded a contract with the
Federal Bureau of Prisons (BOP) to house up to 2,567 federal inmates at CXW's recently completed 2,232-bed Adams County Correctional
Center in Mississippi. The four-year contract, awarded as part of the Criminal Alien Requirement 8 Solicitation ("CAR 8"),
also provides for up to three two-year renewal options and includes contract provisions that are materially comparable to
the Company's other contracts with the BOP, including a 50% guarantee of occupancy during activation period and a 90% guarantee
thereafter. The co expects to receive a Notice to Proceed within 120 days of the contract award and expects to commence
receiving inmates during the third quarter of 2009. Under the provisions of the award, the Company could earn revenues of
up to approximately $226.4 million during the initial four-year term of the contract.
Briefing.com is the leading Internet provider of live market analysis for U.S. Stock, U.S. Bond, and world FX market participants.
Corrections Corp. gets Bureau of Prisons contract
Associated Press, 04.01.09, 04:59 PM EDT
Corrections Corp. of America
said Wednesday it has won a 4-year contract worth up to $226.4 million to house federal inmates at a new prison in Mississippi.
Under the 4-year contract with the federal Bureau of Prisons, the company would house up to 2,567 inmates the company's
recently completed 2,232-bed Adams County Correctional Center.
Louise Grant, a spokeswoman for the company, said Bureau of Prisons contracts typically allow populations exceeding capacity.
"There are other areas in the facility - this is a large facility - and they can add additional bunk bed space," she said.
The contract carries up to three 2-year renewal options and a guarantee of 50 percent occupancy at the beginning and eventually
90 percent.
The Nashville-based company houses more than 8,500 Bureau of Prisons inmates at several facilities and expects
to begin taking inmates at the new prison during the third quarter of this year.
"We developed our Adams County facility in anticipation of future demand from our customers," said Chief Executive John Ferguson.
Private prison contract signed
Associated Press - April 2, 2009 9:14 AM ET NATCHEZ, Miss. (AP) -
A contract that allows the Adams County Correctional Facility to house
about 2,500 federal inmates has been signed and officials say the deal will bring more than $1.2 million in property taxes
and 400 jobs to Mississippi.
The deal between Nashville, Tenn.-based Corrections Corporation of America,
the owner of the private prison, and the Federal Bureau of Prisons was closed on Wednesday.
The $128 million prison has been empty since its construction in December.
But Warden Vance Laughlin says inmates will now begin arriving in late July and fill the prison by December.
Gov. Haley Barbour said the contract will bring hundreds of jobs to Mississippi
and Laughlin said he's planning a job fair to showcase openings at the facility.
CCA wins $226 million contract to house illegal immigrants
By Getahn Ward • THE TENNESSEAN • April 2, 2009
Corrections Corporation of America said it has won a contract to
house up to 2,567 federal inmates in a company prison in Mississippi, an award that illustrates continued growth in its business
of housing illegal immigrants.
The Nashville-based prison operator could earn as much as $226.4 million during the initial four-year term
of the deal. CCA finished the 2,232-bed Adams County Correctional Center in Natchez at year-end in anticipation of the contract.
The company already housed more than 8,500 illegal immigrants for
the Federal Bureau of Prisons at five other U.S. prisons. The illegal immigrants are deported after serving time for offenses
committed in the United States.
The latest contract "shows that the Bureau is increasingly comfortable
having that inmate population housed by the private sector," Louise Grant, a company spokeswoman, said, adding that CCA also bid on other pending projects.
The company expects to begin receiving inmates under the agreement
during the third quarter of this year. In addition to the initial four-year term, the contract carries up to three additional
two-year renewal options, CCA said.
The award comes after CCA last month announced a five-year contract
to house up to 500 illegal immigrant detainees who are awaiting deportation for the U.S. Immigration and Customs Enforcement
at a prison in Georgia. Before that award, the company housed 6,000 detainees for the ICE agency. The federal illegal immigrant
inmates and detainees from the Bureau of Prisons and ICE accounted for roughly 19 percent of CCA's inmate population, Grant
said. The company houses state-sentenced illegal immigrants as well.
The prison in Natchez, Miss., is expected to create more than 400
jobs.
Closer to home, CCA executives said they're optimistic that they
can work out an agreement with Tennessee to avoid losing the 1,500 state inmates housed at the company's Whiteville Correctional
Facility in Hardeman County, Tenn.
Gov. Phil Bredesen's proposed budget includes plans to cut state
spending by not sending more prisoners there and phasing down the inmate population.
"We're cautiously optimistic that we can find alternatives, which
would allow us to keep Whiteville open," said Tony Grande, CCA executive vice president and chief development officer.
Gangs at root of prison melee
MILLARD K. IVES
COLEMAN -- A fight that left 14 inmates at the Federal Correctional Complex with stab wounds last month involved a melee
between two gangs, according to information released through a public record request this week.
No further details were forthcoming about the gangs or the reason they were fighting, but the participants have been segregated,
said Kathy Lane, a spokeswoman with the Federal Bureau of Prisons.
All inmates involved in the fight, including those stabbed, have been separated from the general population.
"At this time, several inmates have been moved to other institutions," said Charles Ratledge, Federal Bureau of Prisons
spokesman. "Once the investigation is complete, we anticipate additional inmates will be transferred to other facilities as
well."
Ratledge added no disciplinary action likely would be implemented until an internal staff completes its investigation.
Officials also reported Friday that the last of 14 inmates was released from the hospital Thursday. That inmate received
multiple stab wounds to the torso. His condition is steadily improving, Ratledge said.
The March 12 brawl occurred on the recreation yard at Penitentiary No. 1, one of the complex's maximum-security prisons,
which sits on County Road 470 outside Coleman.
As a result, the prison was placed on lockdown for 19 days. The lockdown was discontinued on Tuesday.
Paramedics had told media on March 12 that inmates had been stabbed, but this week was the first time prison officials
confirmed that information.
Ratledge added that several handmade sharpened weapons have been recovered from the fight.
Prison brawl
14 injured at Coleman Prison Complex
MILLARD K. IVES
COLEMAN -- A fight Thursday afternoon at Coleman Federal Correctional Complex left more than a dozen inmates in area hospitals.
There were multiple stabbings, according to an official with Sumter County Sheriff's Office and the Lake-Sumter EMS. Prison
officials would not release details of the injuries, but EMS executive director Jim Judge said 10 of the 14 victims were in
serious enough condition to be airlifted to various hospitals, including Orlando Regional Medical Center.
No staff was reported among the injuries.
Thursday's incident comes about a month after an inmate was stabbed in the chest. And that stabbing came almost three weeks
after a prison fight on Jan. 25 sent eight inmates to area hospitals, one with a gunshot wound.
The latest incident occurred about 1:55 p.m. Thursday and resulted in a flurry of helicopters popping in and out of the
County Road 470 corrections facility, which is sandwiched in a rural area outside Coleman.
At 4 p.m., several ambulances and fire trucks, with their lights flashing, remained stationed in the complex yard -- about
100 yards from the main gate.
Charles Ratledge, the prison's public information officer, said several inmates were observed fighting on the recreation
yard at penitentiary No. 1, one of the complex's maximum security prisons. Ratledge said the situation was quickly brought
under control, and the prison was placed on lockdown, which placed inmates in their cells.
"At no time was there any threat to the public," said Ratledge in a press release.
He added the incident is currently under investigation.
The Coleman Federal Correctional Complex is comprised of five different prisons. U.S. Penitentiaries No. 1 and 2 are maximum
security prisons. There is also one medium and two minimum security areas at the complex. There were 7,303 inmates at the
complex as of Jan. 19, according to federal Bureau of Prisons officials.
14 Inmates Injured In Fight At Coleman Prison
Helicopters Fly Wounded To Orlando, Tampa
March 12, 2009
COLEMAN, Fla. -- Fourteen inmates were injured in a fight that broke
out Thursday afternoon at the Coleman Federal Correctional Complex in Sumter County on Thursday afternoon, a prison official
said.
Eleven of the inmates were flown to hospitals in Tampa and Orlando, while three were treated at hospitals near the
prison. Orlando Regional Medical Center has five of the wounded and were reported in stable condition.
The report of the number of injured has changed during the afternoon, but all are inmates. A fire-rescue official said
the injuries were stab wounds.
"At this time, there are no staff injuries reported," the federal Bureau of Prisons said in a news release.
The fight broke out in a recreation yard at the prison at 1:55 p.m. The prison is in lockdown, and there is no threat
to the community, the news release said.
Earlier this year, there was a similar incident in which about a half-dozen inmates were injured in a fight.
Fed spending bill funds some major Miss. projects
March 12, 2009 11:18
AM ET
JACKSON, Miss. (AP) - The federal omnibus spending bill that President Barack Obama signed on Wednesday funnels
millions of dollars to Mississippi, including $205 million for construction at the Yazoo City federal prison.
Other big ticket items include $61 million for construction of Mississippi River levees and $31.5 million to continue work
at the national strategic petroleum reserve site in Richton.
The money is part of the regular federal budget and separate from the federal stimulus package that also is expected to
bring $2.8 billion to the state.
"With these funds we will be able to continue the important work of improving our state's infrastructure, enhancing quality
of health care and education and creating an environment to attract new businesses," said U.S. Sen. Thad Cochran, R-Miss.,
the ranking Republican on the Senate appropriations committee.
Highlights from the spending bill provided by Cochran's office include:
_$3.1 million for construction of a poultry science research facility at Mississippi State.
_$6.5 million for construction of the Mississippi biotechnology research park at the University of Mississippi Medical
Center in Jackson.
_$1.5 million to the Institute for Marine Mammal Studies to complete construction of a facility focusing on rehabilitation,
conservation and education regarding marine mammals.
_$10.4 million to the Sustainable Energy Research Center at Mississippi State.
_$20.8 million to construct mooring cells for barges along the Tennessee-Tombigbee waterway.
_$2.8 million to revitalize Capitol Street in Jackson.
_$10 million for the port of Gulfport.
By far, the largest project slated for Mississippi is new construction on the existing federal prison site in Yazoo City.
The Federal Bureau of Prisons has put out bids for a contract to build a new high-security penitentiary, a minimum-security
prison camp and other structures at the current prison site. The facilities will be about 50,000 square meters and will house
about 1,500 prisoners.
Funding for the national strategic petroleum reserve site in Richton was mostly left in place. Congress cut in half to
$205 million what the Bush recommended spending on the reserve.
Cochran said he was pleased the spending bill will allow construction to begin at the site. Property purchases were completed
last year and a revised environmental impact statement is now being conducted.
"At a time of economic uncertainty it is important for the United States to continue to make provisions for the future,"
he said. "As long as our country remains dependent on foreign oil, we need to have oil reserves ready in case of natural or
other disaster."
It's impossible to tell exactly how much money will be coming to Mississippi out of the spending bill. A nonpartisan budget
watchdog group estimates, however, that the state is among the big winners when it comes to earmarks.
Taxpayers for Common Sense estimates that both Cochran and Mississippi's other senator, Roger Wicker, sit atop the heap
when it comes to earmarks, the controversial practice of steering money to pet projects.
The group says Cochran is the congressional champion with $437.7 million in earmarks brought to the state both alone and
in combination with lawmakers from other states. Wicker is No. 2 on the list at $391 million.
Mississippi is third overall in earmarks, the group's research shows, with a total of $325 million, a figure that doesn't
include multistate funding.
"This is where Mississippi is always impressive," said Steve Ellis, vice president of Taxpayers for Common Sense.
Mississippi trails much larger California ($568.7 million) and Texas ($370 million) overall, but swamps them when earmarks
are figured on a per capita basis. Mississippi is fourth in the country with $110.59 per resident accrued in earmarks. Alaska
remains No. 1 at $209.71 per resident.
Overall, the group estimates there are $7.7 billion in earmarks in the $410 billion spending plan.
Ellis said the group uses Congress' own definition of an earmark to reach its conclusions. But Margaret McPhillips, a spokeswoman
for Cochran, said it's impossible to tell how much money legislators steered toward the state in earmarks because the definition
is debatable.
Wicker said he still feels the government spends too much money, but does not favor taking the right to choose what projects
are approved away from Congress.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
GEO Group, Inc.: Despite a Crashing Economy, Private Prison Firm Turns a Handsome
Profit
by Erin Rosa, Special to CorpWatch
While the nation’s economy flounders,business is booming for The GEO Group Inc., a private prison firm
that is paid millions by the U.S. government to detain undocumented immigrants and other federal inmates. In the last year
and a half, GEO announced plans to add a total of at least 3,925 new beds to immigration lockups in five locations. The Immigration
and Customs Enforcement (ICE) agency and the U.S. Marshals Service, which hire the company, will fill the beds with inmates
awaiting court and deportation proceedings.
GEO reported impressive quarterly earnings of $20 million on February
12, 2009, along with an annual income of $61 million for 2008 – up from $38 million the year before. But the company’s
share value is not the only thing that’s growing. Behind the financial success and expansion of the for-profit prison
firm, there are increasing charges of negligence, civil rights violations, abuse and even death.
Detaining immigrants
has become a profitable business, and the niche industry is showing no signs of slowing down. The number of undocumented immigrants
the U.S. federal government jails has grown by at least 65 percent in the last six years. In 2002, the average daily population
of immigration detainees was 20,838 people, according to ICE records. By 2008, the average daily population had grown to 31,345.
Since
2003, more than a million people have been processed through federal immigration lockups, which are part of a network of at
least 300 local, state and federal lockups, including seven contracted detention facilities. GEO operates four of those seven
for-profit prisons.
Numerous investigations and reports have documented problems at GEO’s immigration detention
facilities.
At the company’s Northwest Detention Center in Tacoma, Washington, federal prosecutors charged a
GEO prison administrator in September 2008 with “knowingly and willfully making materially false, fictitious, and fraudulent
statements to senior special agents” with ICE, according to court filings. A February 2008 audit found that over a period
of more than two years ending in November 2005, GEO hired nearly 100 guards without performing the required criminal background
checks. The GEO employee responsible, Sylvia Wong, pleaded guilty. In the plea agreement the federal government stated that
Wong falsified documents “because of the pressure she felt” while working at the GEO lockup to get security personnel
hired at the detention center “as quickly as possible.”
Two months before the fraud charges, a study by
the Seattle University School of Law and the nonprofit group OneAmerica reported that conditions at the Tacoma facility violated
both international and domestic laws that grant detained immigrants the right to food, due process and humane treatment.
Federal
immigration officials have the authority to incarcerate undocumented immigrants, asylum-seekers, and even lawful permanent
residents while they await hearings with immigration judges or appeal decisions. ICE reports the average length of stay is
30 days, but detentions can last years, according to a November 2008 ICE fact sheet.
Pramila Jayapal, executive director
with OneAmerica, took part in interviewing a random sample of more than 40 immigrants detained at the Northwest Detention
Center, which holds approximately 1,000 immigrants at any given time.
“It’s a very giant concrete box.
It’s just like a jail,” said Jayapal. “You’re only supposed to meet in the client area, which is only
a few rooms.”
One inmate from Mexico, Hector Pena-Ortiz, told interviewers that guards had interrogated and handcuffed
him twice, demanding that he sign immediate deportation papers despite the fact that he had a pending appeal. Under federal
law, immigrants cannot be deported from the United States if their immigration legal cases are still pending. During one of
the incidents, guards admitted to having a file on the wrong inmate, Pena-Ortiz said.
In addition to violations of
legal rights, inmates cited food as a major concern. The vast majority of the 40 prisoners interviewed at the facility said
rations were inadequate and sometimes rotten. Inmates with financial resources depended on food bought from the lockup’s
commissary. Others went hungry. A man identified in the study as “Ricardo” said he had lost 50 pounds of his original
190-pound weight since arriving at the detention center.
ICE officially denied the claims in the report, but in 2005,
annual agency inspections at the Northwest Detention Center documented problems with the quality and quantity of food and
found that some meals were so poor, guards had to collect and replace them.
Looking for Opportunities
The
Tacoma lockup, site of the most recent GEO controversy, is located on top of a former toxic waste dump that borders coastal
wetlands near the Port of Tacoma, Washington. In August 2008, the firm announced plans to expand its 1,030-bed Northwest Detention
Center to 1,575 beds, “to help meet the increased demand for detention bed space by federal, state, and local government
agencies around the country.”
Just four months after GEO’s announcement, ICE notified government contractors
that the agency was looking for a contractor-owned and -operated detention facility. According to federal procurement data,
the new facility should be capable of providing 1,575 beds – the same number GEO was set to build – to be completed
no later than September 2009 – the same date GEO had set for the completion of its own construction project.
Lorie
Dankers, ICE spokeswoman in Washington state, implied that the similarity in numbers and date was a coincidence. “I
would never comment, nor have I in the past, on what GEO is doing and why they’re doing it. That’s a business
decision that GEO made,” said Dankers. “To insinuate that there was some kind of connection, or that they has
some inside information as to the request, that would be incorrect.”
Dankers added that ICE’s request for
more space is still in the “pre-solicitation” phase, meaning that there is no guarantee a contract will be offered,
and the agency is simply requesting information from contractors to “guage interest.”
“I don’t
have any information one way or the other as to what would happen,” Dankers said. “I think often times, if I had
to speculate, they see where there’s a need. I think they’re always looking for opportunities.”
Canceled
Contracts
And opportunities, like prisoners, abound. GEO owns more than 62,000 prison beds in the United States,
with approximately 3,000 beds used for detained immigrants. The company also claims a global market share of 25 percent of
the private corrections industry. Currently, the Northwest Detention Center incarcerates immigrants mainly from Oregon, Washington
and Alaska, according to Dankers.
In the last five years, criminal immigration prosecutions have surged by 388 percent
according to federal court data obtained by the Transactional Records Access Clearinghouse at Syracuse University in New York.
The most recently available court information shows that there were 11,454 prosecutions in September 2008 alone. Adding to
GEO’s profitability and prospects are immigration laws introduced in the 1990s, the expanding use of immigration detention
without bond, and a greater emphasis on prosecutions after 9/11.
The company’s relationship with government officials
has also proven valuable in winning corrections contracts.
In 2006, while on the state payroll as director of prisons
at the Colorado Department of Corrections, Nolin Renfrow helped GEO obtain a $14 million-per-year contract to detain 1,500
inmates in a proposed state prison project in the northern part of the state. Renfrow was moonlighting for GEO –with
an expected compensation of $1 million – when a 2007 state audit and news reports uncovered the public servant’s
business deal.
The audit found that Renfrow’s actions could “arguably present a conflict of interest
and result in a breach of ... the public trust,” because state law prohibited an “employee from assisting any
person for a fee or other compensation in obtaining any contract.”
The county district attorney with jurisdiction
over Renfrow declined to press criminal charges, but in the wake of the scandal, officials with the state’s corrections
department rescinded the contract.
Prisons as Money Makers
Immigrant facilities are not the
only GEO lockups that have sparked claims of negligence and abuse.
In 2007, the firm settled a lawsuit with the family
of an inmate for $200,000. LeTisha Tapia, a 23-year-old woman incarcerated at the GE0-owned Val Verde Correction Facility
in southern Texas, told her family in July 2004 that she had been raped and beaten after being locked in the same cell block
with male inmates. Shortly after, she had hung herself in her cell. The nonprofit Texas Civil Rights Project sued GEO on behalf
of Tapia’s family.
“The jail drove this young woman to kill herself,” charged the family’s
attorney, Scott Medlock, in a February 15, 2006 press release from the Texas Civil Rights Project. “GEO cuts corners
by hiring poorly trained guards, providing inmates with cut rate medical care, and running their facility in a grossly unprofessional
manner.” Citing confidentially provisions in the settlement, Medlock refused further comment.
More recently,
in 2008, civil liberties attorneys sued the company for failing to provide adequate medical attention to inmates outsourced
from Washington, DC, to the Rivers Correctional Institute, located in North Carolina and overseen by GEO through a contract
with the federal Bureau of Prisons. That same year, Idaho state authorities removed 125 inmates from a GEO prison after an
investigation – spurred by the suicide of a detainee at the facility – revealed poor staff training and health
care.
“Pretty immediately when people started going to Rivers we started to get letters about how bad the health
care was, and just how people were really scared of dying there,” said Deborah Golden, an attorney with the DC Prisoners
Project, a group that is representing inmates in the legal case against GEO. One inmate named in the report, Keith Mathis,
claims he was denied medical treatment for a cavity until the tooth became infected and caused an open ulcer on his face that
eventually “burst open,” requiring surgery and three days hospitalization.
“The more we looked into
the situation the more we realized it was a systemic problem,” said Golden. “I suspect that it’s a pattern
all over. When you try to run prisons as money makers what you do is cut back on the most expensive thing you can, which is
medication and medical care.”
GEO has said it will not publicly comment on pending legal cases or abuse claims
by third parties, including nonprofit groups. Company spokesman Pablo Paez says that on the subject of business plans, “we
have no comment beyond what’s in our public disclosures.”
Despite a wide array grievances and tragedies,
GEO has accrued contracts worth more than $588 million in federal tax dollars since 1997, according to available federal procurement
data. And as long as federal officials continue to remand a growing number of inmates and immigrants over to private businesses,
without imposing strict oversight, GEO will likely remain profitable.
The Budget: First Glance
The Eye and his colleagues will spend most of today reviewing President Obama's first federal budget proposals.
Already we know that it will include an additional $250 billion that could be used to bail out struggling banks, and
that the total spending plan will bring the 2009 budget deficit to a soaring $1.75 trillion.
Remember, as Office of Management and Budget Director Peter Orszag said this morning, what the Obama administration releases
today "is an overview. There is more to come overtime as we continue to examine what works and what doesn’t.”
Below find a few first thoughts from The Eye's quick read-through. Leave your thoughts in the comments section below:
• This is a very Democratic budget: Obama fulfills several campaign promises, including increases
in foreign assistance, refocusing the missions of the Justice and Homeland Security departments and ending tax cuts for wealthy
Americans. Several government departments and agencies all but ignored or underfunded during the Bush administration -- Bureau
of Prisons and EPA for example -- get big proposed funding boosts.
• Federal Worker pay increase: Only two percent. "As families are tightening their belts in this
economic crisis across the country, the President ordered a freeze of White House senior staff pay. In this budget, Federal
employees also will be asked to do their part: the 2010 pay increase for Federal civilian employees, 2.0 percent, is responsive
to the current economic climate, bringing Federal pay and benefit practices more in line with the private sector." Let's See
how the federal workers unions spin that news. UPDATE:AFGE President John Gage
has issued a statement: “Although federal employees would prefer to have seen an increase in pay the equivalent to the
military, we recognize the severity of our nation’s economic situation, including the crisis for public workers at the
state and local level, and understand that only modest steps can be taken this year to close the remaining pay gap between
the federal and non-federal salaries."
• Public Service: Anything and everything related to it gets a big boost. For example: "The budget
would set AmeriCorps on a path to expand from its current 75,000 funded slots to 250,000, and would ensure
the availability of service opportunities to achieve demonstrable results." There's also funding to expand Peace Corps,
the Foreign Service, and job and educational opportunities at the Interior Department.
• Turn the Lights Off!: The budget calls for modernizing federal buildings and cutting the government's
energy bill by 25 percent. "Making substantial investments to reduce Federal energy consumption can spur job creation while
delivering long-term Government savings through lower energy bills," the budget reads. It calls for "more than $11 billion
provided for building modernization in the recovery Act to achieve the President’s 25 percent energy efficiency improvement
goal by 2013."
• Chief Performance Officer Details: The document provides a few more details on the still-to-be-named
replacement for Nancy Killefer by stating that the White House will work with agency leaders and OMB to "improve
results and outcomes for Federal Government programs while eliminating waste and inefficiency." More: "This unit will be composed
of top-performing and highly-trained Government professionals and will be headed by a new Chief Performance Officer (CPO).
The CPO will work with Federal agencies to set tough performance targets and hold managers responsible for progress. The President
will meet regularly with cabinet officers to review the progress their agencies are making toward meeting performance improvement
targets."
Much more to come throughout the day... keep tabs on all the budget news on The Washington Post Fed Page.
New Federal Prison Will Start Hiring this Spring
Posted Monday, February 23, 2009
Job applications will be accepted in April.
WELCH -- The federal prison under construction in McDowell County should be ready to start hiring its first
workers in April. That's according to the Federal Bureau of Prisons.
The prison is expected to create more than 340 jobs. Officials say prison guards will be among the first hires.
The prison is under construction on Indian Ridge near the McDowell-Wyoming County line.
The facility should begin accepting inmates early next year.
MIKULSKI APPLAUDS MORATORIUM ON A-76 CONTRACTING OUT, LEVELS PLAYING FIELD FOR FEDERAL EMPLOYEES
“My promises made to federal employees are promises kept.”
WASHINGTON, D.C. – Senator Barbara A. Mikulski (D-Md.), a senior member of the Senate Appropriations Committee,
today announced the 2009 Omnibus Appropriations Act includes a government-wide ban on all new A-76 contracting out competitions
for the next year. This is a major victory for federal employees, who have had to compete on an uneven playing field
under the Bush Administration’s contracting out process. Senator Mikulski has been a long-time critic of the contracting
out process, which often wastes taxpayer dollars, is bad for morale at federal agencies, and is dangerously slanted against
federal employees.
“I promised federal employees that I would not stop my fight to protect them against unfair contracting out policies.
Today, my promises made are promises kept,” said Senator Mikulski. “Our federal employees are on the front
lines every day, working hard for America. These hardworking men and women deserve to be treated fairly.”
In May 2003, the Bush Administration issued new guidelines for public-private competitions (OMB Circular A-76) that favored
contractors and stacked the deck against federal employees. Senator Mikulski has fought for years to improve the process
– adding provisions in spending bills to help government workers compete for their jobs on a level playing field with
contractors, and to make sure the competition process is fair before federal jobs are contracted out.
The House of Representatives is expected to consider the 2009 Omnibus Appropriations Act this week. Senate action is
expected to follow soon after.
Lawsuit claims recycling program poisoned workers
By DEBORAH BUCKHALTER Floridan
Staff Writer
The federal government has sent representatives from at least two agencies to Marianna this week in
connection with UNICOR, a prison-based computer recycling program that has sparked multiple lawsuits. The visits were confirmed
by Jennifer Sadd, the public information officer at the Federal Correctional Institution in Marianna. Sadd, however, referred
specific inquiries about the federal officials’ activities here to the central office at the Bureau of Prisons. The
central office did not have immediate answers Wednesday. But a public information officer there indicated that the questions
are under review and answers may be coming today. Individuals involved in one of the meetings did fill in some of the blanks,
however. Meetings with current and former prison employees are being held at both the prison in Marianna and a local motel. A
doctor from the National Institute for Occupational Safety and Health, NIOSH, was assigned to interview former workers at
the motel Tuesday, and more meetings there were scheduled for Wednesday. NIOSH is a federal agency which conducts research
and makes recommendations for the prevention of work-related injury and illness. It is part of the Centers for Disease Control
and Prevention within the Department of Health and Human Services. The Office of the Inspector General, which is conducting
an investigation into the matter, also sent at least two representatives, including Randall Humm. Assisting in arranging
the meetings at the remote location was attorney Bill Reeves, who has filed a lawsuit asking the U.S. District Court in Tallahassee
to force the disclosure of certain information for all his clients. He is also seeking damages in excess of $75,000. His
clients include some current or former prison employees, as well as some inmates who worked on the computers slated for recycling. Several
of those who attended the Tuesday night meeting at the motel left visibly frustrated with the process. The man who essentially
started the UNICOR program at FCI was among them. Joe McNeal was the first manager for the UNICOR operation at FCI-Marianna.
He said after talking to the doctor that he felt she wasn’t listening, and that she tried to imply his symptoms were
not related to his work on the UNICOR project. McNeal left his job at FCI-Marianna about two years ago, shortly after
he started showing symptoms he believes may be related to having been exposed to chemicals in computer monitors. McNeal,
who made $85,000 in his job at the prison, said he left his job under pressure, shortly after filing paperwork asking that
his symptoms be reviewed. He said he supervised employees, some of whom in turn supervised a crew of roughly 50 inmates
working on the computers. McNeal said the workspace in his area was constantly covered with a silver dust that came out of
the computer monitors. He subsequently began to have a multitude of symptoms that he suspects were the result of exposure
to toxic materials like lead, cadmium and arsenic. Among his complaints are pain in his liver and kidneys, swollen and painful
joints, and other bone-related maladies. At this time, he is not part of the lawsuit being handled by Reeves. The
26 current litigants in that suit include prison employees and inmates who worked in or around the recycling program. They
believe they may have been exposed to hazardous substances like lead, cadmium and arsenic contained in the computer monitors
that were being broken down. The computer recycling operation was first established at FCI-Marianna in the mid-1990s, and
was later introduced into six more prisons across the country. Litigants represented by Reeves say they had no safety equipment,
at least in the early years, and that vital information regarding their risk was not disclosed to them.
By DEBORAH BUCKHALTER Floridan Staff Writer
Marianna-area resident Freda Cobb worked at the Federal Correctional Institution in Marianna for more than a dozen years,
starting there three years before the UNICOR computer recycling program was established. She is one of 26 litigants named
in a lawsuit filed in March of last year in U.S. District Court related to the UNICOR operation. She is convinced that many
of the medical problems that forced her to leave service in 2004 are related to working in the computer recycling center.
A correctional officer at the time, Cobb also worked overtime in the recycling center as a security officer, and in food
service. She said Thursday she went with high hopes to two meetings this week with representatives of the federal
government, who came to a local motel to talk with former FCI employees about UNICOR. But her hope quickly dissolved as
she sat and talked with a doctor, sent by the National Institute for Occupational Safety and Health, a federal agency within
the Centers for Disease Control and Prevention. “I was hoping for an explanation when I went, for some information
about why so many people in his area were sick and why so many have died from this institution,” Cobb said. “I
think the count is around 15 now, with staff, vendors, and families of staff. My mama was one of them.” She explained
that her mother was a frequent visitor at the UNICOR recycling center because she went there to buy computers for a business
she ran at home with another family member. Cobb suspects her mother’s death was related to exposure to toxic substances
at the center. But her expectations about the meetings held Tuesday and Wednesday were quickly dashed, she said. “The
lady said hundreds of computers could be busted in front of me and it wouldn’t hurt us. She told one of the guys that
he could go get some salve for his lesions, and basically, she was saying that the symptoms we are having are not related
to anything that was in those computers,” Cobb said. According to Cobb, the visit by federal officials appeared
to be little more than a formality. “When she came, I don’t think she even unpacked her toiletry pack because
it was such an open and shut case. She was like a person in a burning building running as fast as she can to get out, but
saying, ‘No, no, it’s not on fire.’ I could have gotten more out of talking with a block wall than talking
with her,” Cobb said. “She said she was here to try to help us, but I think she was just here to say she’s
been here. I got the feeling that she was like, “I’m off the plane, I’m in this little God-forsaken place,
get me out of here.’ She was just not receptive to trying to hep us or try to find out the cause (of our problems).
There was an excuse for everything.” In the lawsuit, Cobb’s work history was described and her claims laid
out. Cobb worked in food service, where she claims she was exposed to toxic powder and dust generated by the UNICOR recycling
operation as the result of her daily contact with inmates who worked in the UNICOR recycling warehouses going to the prison
cafeteria to eat their meals. “(Cobb) often observed that the inmates were covered with dust or powder when they
came into the cafeteria and they attempted to shake these materials off their clothing ... the accumulated substances were
routinely swept away and were found on food utensils and elsewhere in the food service area,” the lawsuit states. “Other
inmates were also exposed to the powder and dust since they routinely ate after UNICOR inmates…” In the complaint,
Cobb said she also observed UNICOR dust and powder when she worked overtime in the UNICOR warehouse as a security officer.
“She was also frequently asked by male security officers to pat down female inmates working in the UNICOR recycling
warehouse ... Cobb has suffered from many symptoms commonly associated with exposure to toxic substances found in CTR monitors
and other equipment improperly recycled by UNICOR,” the legal filing states. Cobb’s symptoms include digestive
problems, acute respiratory symptoms, memory loss, deterioration of her bones and joints, muscle pains, fibromyalgia, kidney
and liver disease, heart problems and internal bleeding. Cobb said she was forced to retire as the result of the severity
of several of her symptoms during 2004. Cobb said she has several pages of documentation related to her illnesses she
believes will back up her claims. She said she’s in it for the long haul. “They’re trying to cover
this up, and we’re not going to allow it. Too many people are sick, too many people are dying.”
Bureau of Prisons responds
In response to a series of questions posed by the Floridan about visits this week to Jackson County by federal governmental
representatives looking into the UNICOR matter, the Federal Bureau of Prisons issued a statement via e-mail. According
to the bureau, the Department of Justice’s Office of Inspector General is undertaking a review of “all Federal
Prison Industries (FPI or trade name UNICOR) recycling operations” at the bureau’s request. Staff from the
National Institute for Occupational Safety and Health and Federal Occupational Heath are assisting in this review, the bureau
said. Some of the staff participating in the review of the recycling program recently visited the recycling factory at the
Federal Correctional Institution in Marianna. “It would be inappropriate for FPI to comment on matters related to
the OIG review until it is complete,” the bureau stated in its response. “Likewise, it would be inappropriate
to comment in regards to allegations about FPI’s electronics recycling program at FCI Marianna, as that is the subject
of ongoing litigation. “The continued safety of inmates and staff is a top priority of the Bureau of Prisons and
FPI. FPI is committed to ensuring compliance with all applicable health, safety, and environmental requirements,” the
bureau said.
With jobs at a premium: Prison hiring soon
By CHARLES OWENS Bluefield Daily Telegraph
WELCH — The Federal Bureau of Prisons is still expected to begin accepting applications this April for employment
at the new $224 million federal prison in Welch.
“Of course there is still no federal budget,” Cathi Litcher,
an activation coordinator for the Mid-Atlantic Regional Office of the Federal Bureau of Prisons, said. “That is still
not signed, sealed and delivered. But we are still looking at opening the correctional officer register in April. That is
still on target.”
While the first employees to be hired will be correctional officers, Litcher said many other
positions will have to be filled at the federal prison.
“Federal prisons are like a small city behind a fence,”
Litcher said. “We just don’t hire correctional officers. We will hire secretaries, and they will start at around
$40,000 a year. We will hire teachers, and they will start at $56,000 a year. And I need doctors and nurses in West Virginia.
Not just at McDowell County, but all of our facilities.”
Litcher said construction on the federal prison in Welch
is now about 74 percent complete. It is being constructed high atop Indian Ridge near the mountainous border of McDowell and
Wyoming counties. The federal facility is expected to open for inmates in 2010.
Litcher said the Federal Bureau of
Prisons is working to schedule future employment workshops across southern West Virginia in conjunction with Region 1 Workforce
West Virginia and other partners. Litcher said the Federal Bureau of Prisons also will be joining Wyoming County officials
for their annual Wyoming County Day at the Legislature.
“We are really excited about that,” Litcher said.
“We are really excited to have some opportunities to educate the Legislature about what we are doing.”
Litcher
said the federal prison is still expected to create between 320 to 340 jobs for the region. However, the actual interview
process and the hiring of employees will depend upon how quickly a federal budget is adopted.
Litcher said those who
are seeking employment at the Federal Bureau of Prisons are reminded of several employment requirements, including the requirement
of a background investigation.
The initial appointment of employees into law enforcement positions also must occur
prior to their 37th birthday, with the exception of those who are seeking employment as physician assistants, medical officers,
dental officers, registered nurses, nurse practitioners, chaplains and other positions at the federal facility.
“We
also do credit checks,” Litcher said. “Remember, we don’t mind if you have bills, we just want to make sure
you are paying them. You don’t have to have a particular credit score. That is not what we are looking for.”
Litcher
said the first correctional officer job vacancy announcements will be posted on www.usajobs.gov by April. Because there is
not currently a registration code for McDowell County, Litcher said residents are currently asked to pick the registration
code for Beckley until a code is available for Welch.
WELCH, W.Va. (AP) -- A federal official says the government expects to start accepting applications for jobs at the new
$224 million prison in Welch in April.
Cathi Litcher with the Mid-Atlantic Regional Office of the federal Bureau of Prisons, says guards will be hired first.
The prison also will need secretaries starting at about $40,000 a year and teachers, who earn about $56,000 annually to start.
In total, the prison is expected to create up to 340 jobs.
Work on the prison atop Indian Ridge near the McDowell-Wyoming county line is about three-quarters finished and Litcher
expects the first inmates to arrive next year.
TELL IT TO THE CHIEFTAIN
Skip nicknames
Please tell me why the writers at The Chieftain find it necessary to use the "gang" names of these dirtbags
that are on trial for murder. I am positive that people would be able to identify the culprits if you just used their legal
names. Using these degenerates’ nicknames in your publication serves only to add to their notoriety. This city has enough
problems with gangs. The last thing these gang-bangers need is more encouragement. Please stop using these nicknames. We law
abiding citizens find it rather unappealing.
Gene Bond
Pueblo West
Answers evident
One
has to ask what special duties and/or qualifications the position of county manager and the individual occupying it could
bring that we managed just fine without for the last 16 years? What could he or she possibly do that past or present county
commissioners could not do? The answer is pretty evident.
As for the timing, with today's economy such as it is, and
the financial stress placed on governments at every level, do the taxpayers of Pueblo County need the additional expense of
the executive pay and benefits that will come with this position? Again, I believe the answer is very evident.
Bill
Boggs
Pueblo
Now he’s concerned
In regards to Rep. Lamborn stating, "And I'm concerned
about the physical safety of the men and women who would guard them" in the "Supermax off limits" article of Feb. 5.
The
unions representing those employees have contacted Lamborn many times about the dangers of overcrowding, lack of funding and
short staffing in the federal system, and Lamborn has turned a deaf ear many times, slapping the workers in the face with
indifference. How dare he now say he is concerned with our safety when it benefits his political agenda? I have a phone, and
I have yet to have Lamborn call and ask about our safety, and the safety of our prison system. If he is so concerned, he would
support a number of bills that would help workers, HR1, S1. Put your money where your mouth is, Mr. Lamborn, or leave these
pawns out of your political chess game.
Allen Rexford, first vice president AFGE Local 1302 (ADX "Supermax" Florence)
New
Report Shows Sharp Rise in Prison Time for Federal Offenders
Marcia Coyle
The rate at which federal offenders are being sentenced to prison time has
increased by 10 percentage points in the past 10 years -- from 75.4 percent to 85.3 percent
since fiscal year 1997 -- while the use of alternative sentences, such as probation and probation with confinement, has decreased
over the same period.
White, older citizens convicted of fraud, larceny or other white-collar
crimes have a higher likelihood than other offenders of getting an alternative sentence, but they still are sentenced
primarily to prison time, according to a new report by the U.S. Sentencing Commission.
In 1984, more than 30 percent of offenders were sentenced to probation without
any term of confinement, said sentencing practitioner Margaret Love of the Law Office of Margaret Love
in Washington, D.C., noting an earlier commission report. But the just-released commission report states that 7.1 percent
of federal offenders received probation only in 2007 -- a huge decline.
"Somebody is not getting the message," said Love. "The states are far ahead
of the federal government. They have to live with the budgetary impact and the impact on the community. They really want to
keep people out of prison."
The decline in the use of alternative sentences, according to the commission
report, is largely due to noncitizen offenders who must be confined while awaiting deportation.
In fiscal year 2007, more than one-third (37.4 percent) of offenders were
noncitizens, the overwhelming majority of whom were illegal aliens.
"The citizen/noncitizen issue is no small issue in terms of sentencing outcome,"
said Ryan King of the Sentencing
Project. "If the offender is here illegally, the court is not going
to release him."
The commission examined four sentencing tools: imprisonment and three alternatives:
probation only, probation with confinement and prison with community confinement.
Despite the availability of sentencing alternatives for nearly 25 percent
of all federal offenders, federal courts most often impose prison time across the range of offenses.
Prison sentences accounted for 81.1 percent of sentences imposed on citizens
in fiscal year 2007. The remaining sentences are probation (8.4 percent), probation with confinement (5.8 percent) and prison
split with community confinement (4.7 percent). For citizens, the average prison sentence is 76 months. The average prison
sentence for offenders sentenced to prison/community split is nine months. The average term for offenders sentenced to probation
only is 33 months, and the average for offenders sentenced to probation with confinement is 39 months.
Some of the report's other findings include the following:
• home confinement is the most commonly imposed alternative sentence;
• more than half (59.7 percent) of sentences imposed on citizens in
fiscal year 2007 are within the sentencing guideline range;
• white offenders comprise approximately half of those sentenced to
each of the alternative categories (ranging from 48.6 percent to 54.5 percent) while the proportion of black offenders is
approximately one-fourth (ranging from 24.3 percent to 28.3 percent);
• Offenders with higher levels of education are more likely than less
educated offenders to be sentenced to alternatives.
King said the report and a Federal Sentencing Commission hearing last summer
of sentencing alternatives may be the beginning of a commission effort to suggest broader implementation of alternatives.
Bomb Detonates Inside California Prison
February 15, 2009 1:59 p.m. EST
David Goodhue - AHN Reporter
Miami, FL (AHN) - A bomb detonated inside a federal prison in California during a search of the facility on Saturday.
No one was injured in the blast, CNN reported.
The device was found in the recreational area of the Victorville Federal Penitentiary. It was found by a guard doing a
routine search "of inmate property," Bureau of Prisons spokeswoman Traci Billingsley said. She told CNN it was "detonated
upon discovery."
No inmates were in the area when the explosion occurred.
Bomb squad officers from the San Bernardino Sheriff's Office and agents from the FBI responded to the prison to make sure
the device no longer posed a threat.
The FBI does not believe the incident was related to terrorism.
(CNN) -- An improvised explosive device went off inside a federal prison in California during a search Saturday, according to federal authorities.
No one was injured, the authorities told CNN.
The incident happened in the recreation area of the Victorville Federal Penitentiary. Bureau of Prisons spokesperson Traci
Billingsley said the device was found by a staff member during a "routine search of inmate property". She said it "detonated
upon discovery."
A bomb squad from the San Bernardino County Sheriff's Department and FBI bomb technicians were called
to the prison to examine the device and make sure it didn't pose any further danger. They remained inside the prison as of
9:30 p.m.
FBI spokeswoman Laura Eimiller said an investigation was under way. She said the incident is not terrorism-related.
Billingsley said the prison was locked down at the time the device was found. She could not say what
prompted the lockdown, or if there was any connection to the search. No inmates were in the area when the explosion occurred.
"The prison remains secure," she said.
She said she could not recall a previous incident where an improvised explosive device was found inside
a prison.
Guards threaten strike at
Texas detention facility
2/10/2009 10:10 AM By: Associated Press
SAN ANTONIO -- Guards at the largest immigrant detention facility in Texas are ready to strike Tuesday.
The unionized workers at the South Texas Detention Facility
in Pearsall are locked in a dispute The GEO Group, which runs the center. That's the same private contractor that runs a West Texas prison disrupted by two inmate riots in the past
two months.
Workers' representatives say that more than 300 employees could walk off the job as early as this week if The
GEO Group doesn't agree to improved wages and working conditions.
Negotiations began in August, and union officials say a meeting today with GEO in San Antonio is the
last chance to hammer out a deal.
About 1,400 federal detainees are being held at the facility because of their immigration status.
A strike would be the latest problem in Texas for the Boca Raton,
Fla.-based contractor that's still sorting out two inmate riots since December at the Reeves
County Detention Center near Pecos.
John Gage on Labor-Management Partnership
By Alyssa Rosenberg February 04, 2009 I'm here at a press
briefing at the American Federation of Government Employees headquarters and AFGE president John Gage just said some interesting things about how he views labor-management partnerships. I thought I'd reproduce them verbatim.
Gage says:
I’ll probably get in trouble for
this. But I don’t think the way the partnership was structured under president Clinton was really that clear. There
was such a trust issue. A lot of people couldn’t buy if we’re
partners, and we have to trust you, we really have to know what’s going on. I trust management. I trust them to be management.
And I trust the union to be the union. Under Partnership, I was running a council, and we made great strides once we got by this philosophical dilemma. I would like a stripped down partnership. Yes,
I want B-1 rights. All the rules on consensus, I don’t know if we need them. To go through all the rules that came up
from the Clinton administration, and how many facilitators we made right, and how the philosophy of it got in the way of doing good, solid, labor-management business, I think was unnecessary. We
didn’t have a lot of time on this. We had to write a partnership proposal very, very quickly. What we did was just scale
down a lot of the bells and whistles that were in the old partnership agreements, kept the rights issue, and the encouragement
that agencies would sit down. And I’m speaking for myself here really, I thought the process hurt good, solid
communications. [On what they included in their proposal to the Obama administration:]
Take the old partnership, and everywhere it says consensus, and training, and joint, cross it out. We have the lead on these
things as the largest federal union. We talked to some of the smaller federal unions, and I think they were all gung-ho about
getting partnership back. I think we could have had more time to talk to them about the actual results, they would have been
enthusiastic [about a more stripped down version of partnership.]
More than half of Thrift Savings Plan participants want a Roth 401(k) fund option, which would offer
them a hedge against future tax increases, a new survey shows.
And that has some officials predicting that a Roth 401(k) option could be added to the TSP program as
early as this year.
“It seems to be a real possibility,” Jim Sauber, the chairman of the Employee Thrift Advisory
Council, a group of union and management association representatives that advises the board governing TSP. “There is
growing interest for a variety of reasons.”
Under a Roth option, participants would pay taxes when they make contributions to their TSP retirement
investment accounts. When they retire and withdraw those funds, they would not be taxed. That differs from the current tax-deferred
TSP plan, where contributions are taxed at the time of withdrawal.
The Federal Retirement Thrift Investment Board, which oversees the TSP program, said military service
members are most likely to benefit from a Roth option, since their current tax rates are likely to be lower than future tax
rates. Civilian employees will usually pay lower taxes in the future, which the board says makes a Roth option less beneficial
for them.
Service members were most enthusiastic about the Roth option. While 56 percent of all respondents said
they would like the Roth option, 63 percent of service members felt TSP needed the option and 49 percent of military participants
would contribute some or all of their savings to a Roth.
The last survey, conducted in 2006, found that 60 percent of respondents wanted a Roth option.
Jessica Klement, the government affairs director for the Federal Managers Association, said that support
for a Roth is still strong, even though it was lower than in the previous survey.
“If more than 50 percent of people want a Roth, that’s telling, and worth looking into,”
Klement said. FMA supports creating a Roth option.
The percentage of participants who already have a Roth account outside of TSP has increased, from 32
percent in 2006 to 36 percent in the latest survey.
The House passed a bill last year that would create a Roth option, but the Senate failed to pass a similar
bill and the proposal died.
The Roth’s legislative future under a new Congress is uncertain. A champion of the idea in the
House is Rep. Henry Waxman, D-Calif., the author of the measure that the House passed last year. But he is now chairman of
the House Energy and Commerce Committee and no longer sits on the committee that handles federal workforce issues. His staff
was unsure whether he would reintroduce the bill.
But Sauber, who is also chief of staff of the National Association of Letter Carriers, said the continued
support, combined with the Roth’s previous success in the House, could bode well for its chances.
After Waxman’s move to another committee, “it’s not clear whether it has the champion
it did last year,” Sauber said. “But the fact that it passed the House shows that it’s gathering momentum.”
The Federal Retirement Thrift Investment Board could add a Roth option on its own. But so far, it hasn’t.
Last year, the board decided not to add the Roth option because it wasn’t sure enough employees
would use it to justify the $13 million cost. A Roth option would require a separate accounting system to handle pre-tax and
post-tax accounts, a computer system overhaul, and a reorganization of the TSP’s call centers.
TSP also might need to offer participants professional tax advice to help them determine whether a Roth
option would be beneficial.
Gregory Long, executive director of the board, remained hesitant to throw his support behind the Roth.
“I don’t want to sugarcoat this — it will be an administratively challenging change,”
Long said.
Tom Trabucco, the board’s legislative director, said the board also does not want to sacrifice
TSP’s simplicity in adding another option. The employee council will now review the survey results and recommend to
the board whether it is time to add a Roth, Trabucco said.
Creating a Roth option is expected to raise about $160 million in taxes annually. Sauber said that agencies
could use those funds to start immediately making automatic and matching contributions to employees’ TSP. Agencies now
wait anywhere from seven months to a year after an employee is hired to start making TSP contributions.
Another TSP change Congress considered last year — to make the L Funds the default option for
participants who do not choose a fund for their contributions — is losing support among the employee council members.
The five L Funds, which are mixes of TSP’s five stock, bond and government securities funds that vary based on when
employees expect to begin making withdrawals, lost between 5 percent and 31 percent in 2008.
Jackie Simon, director of public policy for the American Federation of Government Employees, said returns
show the government securities-backed G Fund should remain the default fund. The G Fund earned 3.75 percent in 2008.
Long acknowledged that the L Funds had a bad year, but restated his belief that investors are better
off investing in L Funds in the long term.
Also, a proposal that the board strongly opposed three years ago — to create a fund tied to income-producing
real estate such as hotels and apartment buildings — has reappeared. The National Association of Real Estate Investment
Trusts (NAREIT) made another pitch in October for creating a REIT fund.
But after last year, when the collapse of the real estate industry helped send the nation’s economy
into a dire recession, the board and the employee council were once again not interested. A review of NAREIT’s proposal
conducted by the investment consulting firm Ennis Knupp and Associates found that REITs are extraordinarily volatile and have
a standard deviation of 41 percent. Tracey Ray, the board’s chief investment officer, said that means an expected return
of 10 percent could, in reality, yield anything from a 31 percent loss to a 51 percent gain.
“It’s a damn good thing we didn’t [create a REIT trust] with all the overvaluing”
in the real estate market, said Rick Brown, president of the National Federation of Federal Employees and vice chairman of
the employee council. “People would have taken a bath.”
NAREIT spokesman Ron Kuykendall said the group is not lobbying Congress to create a REIT fund, and said
its submission was part of information packets it regularly sends to many retirement programs in the public and private sectors.
The government’s largest union will press Congress this week to suspend government outsourcing
studies until rules are narrowed for what work can be contracted out.
“We’re moving formally — through a bill in Congress — to finally get contracting-out
to a level playing field,” said John Gage, president of the American Federation of Government Employees. The union plans
to unveil a comprehensive proposal to overhaul public-private competitions this week as part of its annual three-day lobbying
effort on Capitol Hill.
Gage declined to offer details of the union’s proposal, but a summary of AFGE’s legislative
priorities refers to a measure to suspend ongoing public-private jobs competitions until outsourcing rules are rewritten to
prohibit the outsourcing of work that is “inherently governmental,” “mission essential” or “closely
related to inherently governmental.” Clear definitions of these terms do not exist. However, work is deemed inherently
governmental if it involves deciding policy, awarding or terminating contracts, directing federal employees or commanding
military personnel, determining program priorities, deciding regulations, deciding prosecutions, and other key functions.
The union-backed measure would also require agencies to develop a way to transition contracted
work to federal employees. And it would require agencies to return to federal employees any work deemed to have been improperly
outsourced to contractors.
“We want those contracts to be looked at again,” Gage said. “We also want to
put up really strong process rules for agencies to certify that work that may be contracted out in the future is not inherently
governmental, or mission essential, prior to contracting out.”
Last year, AFGE’s proposals made their way into a House-passed federal spending bill that
would have imposed a one-year suspension on all competitive sourcing projects until agencies hammer out guidelines on how
to “insource” contracted work — that is, transfer work from contractors to federal employees — and
give new work to federal employees. The bill never passed Congress, but those provisions could be included in an omnibus bill
that Congress intends to pass soon to fund government for the remainder of this fiscal year. A continuing resolution now in
effect expires March 6.
Gage expressed confidence that this year, with a Democratic Congress and a Democratic White House,
a halt to public-private jobs competitions will become law.
“President [Barack] Obama all through the campaign would point to abuses in contracting,”
Gage said. “We’re hoping to continue to steer the administration into seeing that the best bang for the buck is
good, solid federal employee workforces that are well trained, well compensated and that there’s really no shortcut.”
Other federal unions and employee groups say they too are optimistic that their longstanding workforce
proposals will be passed into law this year.
“I think the climate is finally right for changes that will strengthen the federal government,”
said Richard Brown, national president of the National Federation of Federal Employees. “That means giving agencies
enough resources to do the jobs they are asked to do, it means providing federal workers pay and benefits that are on par
with the workers in the private sector who are performing similar work, and it means ensuring federal workers have a meaningful
voice in the workplace.”
Congress was receptive last year to some of the Senior Executives Association’s top priorities,
such as reforming the performance-based pay system for senior executives and increasing diversity in the senior ranks, but
progress stalled due to White House opposition, said Bill Bransford, SEA’s general counsel.
“Now that opposition from the prior administration to some of these proposals is gone, we’re
hopeful that we can build on the gains from the last session and see more movement this year,” Bransford said.
Unions are still coming to grips with their fortune of having Democrats controlling both houses
of Congress and the White House for the first time in 15 years. Ten days after taking office, Obama and Vice President Joe
Biden invited federal union leaders to the White House to witness Obama signing executive orders aimed at strengthening collective
bargaining rights and job security for employees of federal contractors. The move was a clear sign that labor’s voice
will be heard in the new administration.
“Having President Obama in office is certainly a breath of fresh air and a source of inspiration
for federal employees,” Gage said.
Gage said union leaders are switching from a defensive to offensive position, hoping for a much
more positive relationship with agencies than existed during the Bush administration.
“Everybody feels this is really something different, and I believe it is, too,” Gage
said. “We’re going to be able to react positively in a much more cooperative method with our agency heads and
the administration in pushing these programs.”
Top union
priority: Kill NSPS
AFGE’s top priority for the new Congress is to disband the Defense Department’s alternative
pay and personnel rules, called the National Security Personnel System. Even though the pay rules don’t apply to employees
under collective bargaining agreements, Gage said the new system has been disruptive to the entire work environment and needs
to end.
“We’re just not willing to sit around and let the rest of DoD … suffer under
that system. We’re going for the whole enchilada there,” he said.
Obama has committed to review NSPS and support exists within Congress and inside the Pentagon to
dismantle the system, Gage said.
“A lot of these generals and base commanders look at this as throwing money away. They don’t
have the staff, resources and budget to do it,” he said.
The Federal Managers Association also has raised concerns with how employees are paid and evaluated
under NSPS. Still, FMA argues that a performance-based pay system is necessary to encourage and reward high performance and
allow the Pentagon to compete with the private sector for talent.
Gage said he’s optimistic his union will prevail in putting an end to NSPS.
“We’re going to definitely have legislation up to kill it, and I believe the president
will sign it if it goes through the House and Senate. And I think it will, especially if it gets attached to other significant
bills,” he said.
With employee groups facing a more receptive audience to their concerns, the biggest hurdle to
getting some initiatives passed could be the worsening economy.
Some of the proposals — to close the pay gap between the federal and private sectors, allow
retirees to pay their insurance premiums with pretax dollars and extend locality pay to employees in Hawaii and Alaska —
each would cost billions of dollars annually.
“I am concerned with the heavy price tags of some of our legislative priorities,” said
Darryl Perkinson, FMA president.
Still, Perkinson said the proposals being advocated have a real benefit to employees. He points
to perennial efforts to eliminate the government pension offset and the windfall elimination provision, two laws that prevent
some Civil Service Retirement System employees from collecting full annuities and Social Security benefits.
The Senior Executives Association is emphasizing proposals that don’t carry big price tags,
such as limiting the number of top positions that can be filled by non-career executives and improving how the senior executive
pay system is managed, Bransford said.
AFGE’s Gage said the union will also fight for more resources for the Social Security Administration
and Equal Employment Opportunity Commission.
But he acknowledged that some proposals will have to wait until the economy improves.
“There is going to have to be a certain element of patience that’s
going to be required as we go through these problems. I think we understand that everybody is going to be sacrificing when
it comes to handling this economy. Our people are realistic and we certainly understand that,” he said.
With a somber mix of solemnity and solidarity Washington, D.C. area law
enforcement officers joined federal prison officers who are part of the American Federation of Government Employees
Council of Prison Locals at a candlelight vigil yesterday in memory of an Iraq war veteran who was killed in the line of duty
as a federal correctional officer.
Jose Rivera, 22, was killed on June 20, 2008 by two inmates with homemade weapons at the
United States Penitentiary in Atwater, Calif. Rivera was employed as a correctional officer by the Federal Bureau of Prisons
for less than a year. He also was a Navy veteran and served two tours of duty in Iraq.
AFGE members took time out from their Legislative and Grassroots Mobilization conference
to walk from Capitol Hill to the memorial led by the plaintive wail of a bagpipe. After a moment of prayer followed by
the singing of the national anthem, the wreath was laid in memory of their fallen brother.
AFGE members departed determined that this type of tragedy never happen again, heeding
the call of Mother Jones who said: “Don’t mourn. Organize”
Considering the dangers of working in a federal prison, the immediate implementation of stab resistant vests throughout
the BOP is required. Federal correctional officers are unarmed and decreasing
staffing levels put them at greater risk of an attack by an inmate. Stab resistant vests and other protective equipment for
correctional officers have become a top priority for CPL since the tragic death of Rivera.
AFGE and CPL have advocated for additional staffing and funding throughout the BOP in an
effort to safely maintain our nation’s prisons and surrounding communities. Continued lack of funding and inadequate
staffing throughout the BOP has left federal correctional officers and the surrounding communities in grave danger. Staffing
levels are decreasing while inmate population levels are increasing.
Slain
Atwater correctional officer honored in D.C.
Michael Doyle | McClatchy Newspapers
last updated: February 09, 2009 08:08:01 PM
WASHINGTON -- Bagpipes keened and
candles flickered Monday as federal prison guards honored their slain brother-in-arms Jose Rivera, killed last year by two
inmates in Atwater .
Few of the 200 or so correctional officers who gathered at dusk around the National
Law Enforcement Officers Memorial knew Rivera personally. None appear ready to forget him, the first federal correctional
officer killed in the line of duty since 1997.
"We're all kind of like family," said Gary Mills, who works at the federal Metropolitan
Correctional Center in Chicago . "When something like this happens, it's senseless."
The 22-year-old Rivera, a Navy veteran of the Iraq War, died June 20 when two
inmates attacked him inside Atwater 's high-security U.S. penitentiary. His killers stabbed him through the heart with a prison-made
shank; he had not been issued a protective vest.
On Monday, a large black-and-white photograph of Rivera wearing civilian duds
was leaned up against a stand holding a wreath. The wreath and photo were at the center of the memorial that honors the 17,000-plus
law enforcement officers who have died in the line of duty.
It was apparently the first time since the memorial opened in 1991 that federal
correctional officers had formally gathered to honor one of their own.
"We're here to make the public aware of critical safety issues," Bryan Lowery,
president of the American Federation of Government Employees' Council of Prison Locals. "We see making this an annual event."
One bagpiper led casually dressed, crew cut-favoring correctional officers down
the street from a hotel where they were meeting and onto the memorial's three-acre grounds. Silently, they walked past statues
of lions protecting baby cubs. They arrayed themselves on either side of Rivera's photograph, cupping their individual candles
and passing the flame from one to another.
A three-man honor guard from the Washington , D.C. , police department marched
in bearing the American flag. A man with a deep voice sang the National Anthem like he meant it. Then two police department
bagpipers played "Amazing Grace," a sound to change your life.
Rivera's death riveted attention to the Bureau of Prisons' policy of not supplying
guards with protective vests and prompted Rep. Dennis Cardoza, D-Merced, to introduce protective vest legislation. The Bureau
of Prisons subsequently revised its policies, to make vests available but not mandatory.
"It took someone getting murdered for the Bureau of Prisons to say, 'OK, we
should do something,'" Mills said.
But Mills and a co-worker at the Metropolitan Correctional Center , Steve Weber,
complained that the bureau's revised policy remains problematic. Now, they said, if correctional officers request a vest,
they are required to wear it at all times, even during classroom training. Consequently, Weber said, many officers decline
the opportunity.
"It's pathetic," Weber said.
The union representing some 26,000 federal correctional officers and prison
workers does not have warm relations with Bureau of Prisons' leaders. Lowery has already called for the resignation of Bureau
of Prisons Director Harley Lappin, a career prison administrator.
Cardoza, who attended the service Monday, said he "will work with whoever is
there," and he indicated that Lappin has actually proven himself responsive to congressional concerns. Lowery's union is pushing
a proposal to hire an additional 3,000 federal prison workers; a political long shot, perhaps, but reflective of the debate
now underway as the first anniversary of Jose Rivera's death comes closer.
"They're trying to make improvements," Cardoza said, "but they won't be able
to make those improvements without staffing or funding."
The two inmates charged with killing Rivera, James Leon Guerrero and Joseph
Cabrera Sablan, have since been transferred.
Washington Examiner – February 10, 2009
By Ron Moore
Slain BOP Officer Honored in DC
Washington, D.C. area law enforcement officers plan to join federal prison officers
who are part of the American Federation of Government Employees Council of Prison Locals at a candlelight vigil in memory
of an Iraq war veteran who was killed in the line of duty as a federal correctional officer. The vigil
will be held today at 5:30 at the National Law Enforcement Officers Memorial in Washington , DC .
Jose Rivera, 22, was killed on June 20, 2008 by two inmates with homemade weapons
at the United States Penitentiary in Atwater, Calif. Rivera was employed as a correctional officer by
the Federal Bureau of Prisons for less than a year. He also was a Navy veteran and served two tours of duty in Iraq .
CPL and AFGE will detail the dangers of working in a federal prison, and ask for
the immediate implementation of stab resistant vests throughout the BOP. Federal correctional officers
are unarmed and decreasing staffing levels put them at greater risk of an attack by an inmate.
Stab resistant vests and other protective equipment for correctional officers have
become a top priority for CPL since the tragic death of Rivera. For years, AFGE and CPL have been advocates
for additional staffing and funding throughout the BOP in an effort to safely maintain our nation’s prisons and surrounding
communities. Continued lack of funding and inadequate staffing throughout the BOP has left federal correctional officers and
the surrounding communities in grave danger. Staffing levels are decreasing while inmate population levels
are increasing. Inmate overcrowding and correctional worker understaffing plague the BOP system nationwide, and create hazardous
conditions for federal prison inmates, federal correctional workers, and the communities in which they work.
MORGANTOWN - A corrections officer was
assaulted at the federal prison at Hazelton about 25 miles east of Morgantown .
Prison spokesman
Rod Myers said the officer was attacked after discovering homemade wine Sunday in a cell in the general housing unit.
The maximum-security
prison in the mountains of Preston County has 1,600 inmates.
Myers said the
corrections officer was taken to a hospital for treatment and then released.
Al Popielarcheck,
executive vice president of the American Federation of Government Employees Local 420, told the Dominion Post that such attacks
are not isolated incidents.
"There have been
several already this year," he said. "When it happens several times a month, it's not an isolated incident. We're there to
do an eight-hour shift and provide for our families - not to be assaulted."
He said the officer
suffered a broken nose, a possible broken jaw, a knot on the back of his neck, and injuries to his elbow and knee.
Lawmaker reintroduces FERS sick leave bill
By Brittany R. Ballenstedt
February 10, 2009
A bill introduced in the House on Tuesday would allow workers in the Federal Employees Retirement System
to cash out their unused sick leave upon retirement.
The benefit also would apply to employees covered under the Foreign Service Pension System and U.S. Postal Service retirement
plan.
FERS employees currently cannot count unused sick leave toward their retirement annuity. Employees hired before 1984
are covered under the Civil
Service Retirement System and do receive such credit for unused sick leave. The new legislation, introduced by Rep.
James Moran, D-Va., would provide FERS employees with a benefit equal to that of their CSRS counterparts, allowing them to
add any unused sick leave to the number of years they have worked in the government to determine their annuity at retirement.
The House in July 2008 passed a similar provision as part of the Family Smoking Prevention and Tobacco Control Act. While
the sick leave provision received overwhelming support in the House, a threat from Sen.
Richard Burr, R-N.C., to block it and a veto threat from former President George W. Bush -- both unrelated to the sick
leave provision -- helped stall the measure in the Senate.
Federal employees now receive 13 days of sick leave annually and can carry over unlimited amounts of sick leave annually.
But the discrepancy between the two retirement systems has prompted more FERS employees to use up their sick leave as they
approach retirement. For example, 85 percent of CSRS employees said they conserved most of their sick leave, while 75 percent
of FERS workers reported they would use as much of it as possible as they neared retirement, according to a 2004 survey by
FPMI Solutions, an Alexandria, Va.-based human resources staffing and training company.
"FERS' use-it or lose-it system for sick leave hampers productivity and increases training costs," Moran said. "We need
to be incentivizing the accrual of sick leave, not encouraging employees to call in sick in the weeks leading up to retirement."
Federal employees' and managers' associations have long supported the sick leave measure.
"The federal government got the unused sick leave issue right under CSRS," said Richard Brown, president of the National Federation of Federal Employees. "They gave employees a modest benefit for their time, and absentee
rates remained very low. The system worked well for everyone. It makes a lot of sense to return to a system where the judicious
use of sick leave is rewarded, not penalized."
Associated Press Ga. counties lose with prisoner pickup
By JOANN LOVIGLIO Associated Press PHILADELPHIA
A private prison transportation company lost an attempted-murder suspect somewhere between Florida
and Pennsylvania, leading to a search for the cuffed and shackled inmate and drawing complaints that such companies are poorly
regulated.
The discovery Thursday was at least the second escape in six months involving an inmate being moved by Prisoner Transportation
Services of America LLC. Still, industry critics said the major issue is not escapes, but mistreatment of inmates and poor
traveling conditions.
Authorities searched for the suspect who escaped late Wednesday or early Thursday while en route from Fort Lauderdale,
Fla. Sylvester Mitchell, 33, was being extradited to face attempted murder charges in Philadelphia, where he once lived. He
was gone when the van arrived at 3 a.m. Thursday at a police station.
Authorities said it was unclear how or where Mitchell escaped. Other inmates and guards said they don't remember seeing
him after the van's previous stop in Annapolis, Md.
Prisoner Transportation Services, based in Nashville, Tenn., says it is the largest U.S. firm of its type, moving more
than 100,000 inmates nationwide each year. The company states on its Web site that its agents are highly trained and "most
have military and/or criminal justice backgrounds."
A spokesman for Prisoner Transportation Services, who declined to identify himself before hanging up, said Thursday that
the company had no comment.
A shackled inmate escaped in September at Philadelphia International Airport while in the custody of a Prisoner Transportation
Services guard and was captured a week later in Elkton, Md.
Taariq Ali, 43, formerly of Wilmington, Del., was serving a life sentence for attempted murder and a weapons charge.
He was transferred in 1995 to California and was being returned to Delaware when he escaped Sept. 12.
The Delaware Department of Corrections said at the time that Prisoner Transportation Services did not notify state officials
until two days later. The state uses private contractors because it is not authorized to move prisoners across state lines.
Corrections spokesman John Painter said Thursday that the department is "no longer involved with Prisoner Transportation
Services" but declined to say whether it was using a new contractor or had transferred any prisoners since the September escape.
Though prisoner mistreatment appears to be more commonplace than escapes in transit, the lack of oversight and regulation
of the industry makes it difficult to determine how widespread problems are, said Margaret Winter, associate director of the
ACLU National Prison Project in Washington.
Because they are privately owned, prison transportation companies are not required to release data on escapes, accidents
and numbers of inmates they transfer. It's also unclear exactly how many such companies exist, because many are "thinly staffed,
fly-by-night operations" that quickly close up shop when they're sued, Winter said.
"One thing that's clear is that the goal with all these companies is to pick up as many bodies along the way as they
can to squeeze out the most profits," she said. "We've had many reports of prisoners being taken on weeks-long odysseys and
not getting food, water or medical attention."
A phone message left for a spokesman of the Association of Private Correctional and Treatment Organizations, an industry
group, was not immediately returned.
Texas Prisoners Riot for Second Time in 2 Months
By THE ASSOCIATED PRESS
PECOS, Texas (AP) -- Law enforcement authorities in West Texas say they are trying to restore order at a privately run federal prison where a riot broke out, the
second disturbance in as many months.
Texas Department of Public Safety spokeswoman Tela Mange (TEE'-lah maynj) said the riot at the
Reeves County Detention Center in Pecos was continuing Sunday, a day after
it started.
It wasn't immediately clear how many inmates were involved. The facility about 430 miles west of Dallas holds more than
2,400 inmates.
A riot erupted there in December over requests for better medical treatment. Minor injuries were reported in that disturbance.
The GEO Group, which runs the lockup, didn't respond to calls Sunday. Prison officials couldn't be reached for comment.
Officer: Inmates riot again at West Texas prison
February 1, 2009
PECOS, Texas (AP) - Inmates at a privately run federal prison in western Texas started
a riot and set at least one fire Saturday for the second time in less than two months, authorities said. There were no immediate
reports of injuries. The disturbance broke out in an area of the Reeves County
Detention Center that houses up to 2,000 inmates, corrections officer Matt Guerra said. "They took over the compound," he said. "They burned half
the stuff over there." Guerra said rioting inmates were close to a control area
where "they can open practically everything." He said he could see smoke coming from the area. Guerra said prison officers
were safe but that he wasn't sure whether inmates were injured. Helicopters and Department
of Public Safety troopers from the Pecos area had descended on the facility. "You name it, we've got it out there,"
Guerra said. DPS spokeswoman Tela Mange said earlier that the disturbance was in the prison yard. She said she had no information
on injuries. A spokeswoman for the Reeves County Sheriff's Department said he had no information about the riot. Sylvia
Garza, an executive secretary at the prison, said officials had no comment. In
December, rioting inmates at the facility about 430 miles west of Dallas sought better medical treatment. Officials said there
were minor injuries. The GEO Group, based in Boca Raton, Fla., has run
the lockup through contracts with Reeves County and the Federal Bureau of Prisons since 2003.
The prison holds more than 2,400 inmates. Pablo E. Paez, a spokesman for GEO, did not immediately respond to phone or e-mail
messages Saturday night.
Commentary: Veteran
Corrections employee urges
Dear Governor and Legislators,
This letter is being written as a concerned taxpayer and veteran employee of the Wisconsin Department of
Corrections (DOC), currently working at Kettle Moraine Correctional Institution.
Given the state's current fiscal problems and the weakened economy of our entire nation, I am extremely concerned with
the way the Wisconsin DOC has been spending funds on capital improvements projects without any apparent concern for cost or
application of common sense.
On Jan. 26, 2009 the State Building Commission will meet to consider
a $3,077,400 upgrade to the electrical distribution system at Kettle Moraine Correctional Institution.
That request was necessitated by the installation of an electric stun fence which compromised the system and ended up costing
taxpayers substantial amounts to make repairs and rent electric generators to operate the institution.
The irony is that the electric stun fence is not even operable due to the design and system being unable to stand up
to Wisconsin weather conditions. To install the stun fence, hundreds of thousands of dollars were expended to remove razor
wire that was installed within the past few years and which had been effective in preventing escapes along with the security
provided by armed guard towers.
It is my understanding that the stun fence at Taycheedah Correctional Institution is also inoperable due
to problems found when they attempted to activate the system. Yet the DOC presses ahead with the installation of stun fences
that are obviously flawed.
The Building Commission has already approved, and will soon consider an expansion of a new Health Services building at
KMCI. This building has been justified by inflating inmate usage numbers via the failure to charge inmates the medical co-payments
required under State Statutes. Numbers of inmates provided medical services
have dropped since the Union at KMCI exposed this fraudulent practice and the need for a new building should be reviewed.
Instead, the DOC plans to expand.
The 1.92 million dollars in security enhancements approved for KMCI by the Building Commission in 2006 have either not
been implemented, or have been implemented in such a fashion as to be a detriment to security instead of an improvement. No
cameras have ever been installed despite bonding being issued for video surveillance. The Sergeant Booth remodeling project which was designed
to improve security has been so poorly handled that the union at KMCI has repeatedly requested that the project be stopped
until the design can be changed to meet the purpose of enhancing security instead of putting inmates and staff at further
risk. Those requests have fallen on deaf ears.
Using small projects funding that does not come under the review of the Building Commission, KMCI recently undertook
a remodeling project of the administrative wing, including the newly appointed warden's office and justified it due to a flooded
floor in a staff restroom.
These are merely a few examples that I have personal knowledge of. I believe that a review of all spending would show
other projects that are clearly a waste of tax dollars and that this type of foolish spending and lack of adequate review
of projects proposed and commenced by the Department of Corrections are surely part of Wisconsin's
budget problems.
For those reasons I am asking you to intercede and investigate these situations and others that may be occurring in the
hopes of being part of the solution to our state's fiscal problems.
Patricia Reese
Fond du Lac
I have heard that the fence in Hazelton has gone down over and over because of ICE buildup. Similar to simple fence alarm
malfunctions how is this system going to work properly in the midwest and northeast? Just another waste of tax dollars.
WASHINGTON – President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women
leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause.
Obama, choosing the Lilly Ledbetter Fair Pay Act as the first bill to sign as president, called it a "wonderful day"
and declared that ending pay disparities between men and woman an issue not just for women, but for all workers.
With Ledbetter standing by his side, Obama said she lost more than $200,000 in salary, and even more in pension and Social
Security benefits losses that she "still feels today." He then signed the measure that effectively nullifies a 2007 Supreme Court decision and makes it easier for workers to sue for discrimination
by allowing them more time to do so.
"Making our economy work means making sure it works for everyone," Obama said. "That there are no second class citizens in our workplaces, and that it's not just unfair and illegal — but bad for business — to pay someone less because of their gender, age, race,
ethnicity, religion or disability."
Ledbetter said she didn't become aware of the large discrepancy in her pay until she neared the end of her 19-year career
at a Goodyear Tire & Rubber Co. plant in Gadsden, Ala, and she filed a lawsuit. But the high court held in a 5-4 decision
that she missed her chance to bring the action.
Obama appeared before a jammed East Room audience, and his entrance and many lines of his brief remarks were met with
happy applause and yells.
He paid special tribute to Ledbetter, who fought for the bill even though it won't allow her to recover any money for
herself.
And in the room were the living symbols of this fight: Nancy Pelosi,
first woman speaker of the House, and Secretary of State Hillary Rodham Clinton,
who took her pursuit of the presidency further than any other woman, even though she ultimately lost to Obama in the Democratic
primary season.
Of Ledbetter, Obama exclaimed: "This grandmother from Alabama kept on fighting, because she was thinking about the next
generation."
First lady Michelle Obama hosted a reception after the ceremony in the
State Dining Room.
Ledbetter became a regular feature in Obama's campaign for the White House,
addressing the Democratic National Convention in Denver last year and traveling
to Washington aboard Obama's train for the inauguration ceremonies. Obama spoke strongly in support of legislation to change
the Supreme Court decision during his campaign and the Democratic-controlled
Congress moved it to the top of the agenda for the new session that opened this month.
The high court had a person must file a claim of discrimination within 180 days of a company's initial decision to pay
a worker less than it pays another worker doing the same job. Under the new bill, given final passage in Congress this week,
every new discriminatory paycheck would extend the statute of limitations
for another 180 days.
Congress attempted to update the law to extend the time, but the Bush White House and Senate Republicans blocked the
legislation in the last session of Congress
Opponents contended the legislation would gut the statute of limitations, encourage lawsuits and be a boon to trial lawyers.
They also argued that employees could wait to file claims in hopes of reaping larger damage awards. The bill does not change
current law limiting back pay for claimants to two years.
Obama cited Census Bureau figures that women still receive only about 78 cents for every dollar that men get for doing
equivalent jobs — "women of color even less," he said.
"Today, in the year 2009, countless women are still losing thousands of dollars in salary, income and retirement savings
over the course of a lifetime," he said.
This is more than just a women's issue, said Obama.
"It's about parents who find themselves with less money for tuition or child care; couples who wind up with less to retire
on; households where, when one breadwinner is paid less than she deserves, that's the difference between affording the mortgage
or not; between keeping the heat on, or paying the doctor's bills or not," Obama said.
The measure, which amends the 1964 Civil Rights Act, also applies to
discrimination based on factors such as race, religion, national origin, disability or age.
Parental leave bill introduced
By STEPHEN LOSEY
Five lawmakers introduced a bill Thursday that would provide federal employees with four weeks of paid leave after the
birth or adoption of a child.
HR 626, the Federal Employees Paid Parental Leave Act, provides equal leave for new mothers and fathers. Under
the bill, new parents also would be able to take an additional eight weeks of unpaid leave after using their four weeks of
paid leave.
The bill was introduced by Reps. Carolyn Maloney, D-N.Y.; Frank Wolf, R-Va.; Steny Hoyer, D-Md.; Danny Davis,
D-Ill.; and Edolphus Towns, D-N.Y. A statement from Maloney and Wolf said that Sen. Jim Webb, D-Va., is expected to introduce
a companion bill in the Senate.
An identical bill passed the House in June. The Senate was considering two similar bills last year, but both
died in committee.
Federal employees can now take 12 weeks of unpaid leave or use their vacation or sick leave after the birth
or adoption of a child. The bills’ sponsors say the federal government must offer this benefit to keep up with the private
sector and better attract new employees.
“With the coming wave of federal retirements, we must ensure that federal employment is a competitive
option for young American starting families,” Wolf said.
House Passes Bill to
Protect Whistleblowers
Now what will the Senate do?
By Jim Abrams
January 28, 2009
WASHINGTON -- The House voted Wednesday
to strengthen whistleblower protections for federal employees, including those working for the Transportation
Security Administration and others employed in national security areas.
The bill also would create specific protections for those who expose abuses of authority by those trying to manipulate
or censor scientific research in federal agencies for political purposes. Critics of the George
W. Bush administration alleged that scientific findings were often influenced by politics.
The measure, passed by a voice vote, was attached as an amendment to the $819 billion House economic stimulus package [H.R. 1].
Rep. Chris
Van Hollen, D-Md., who sponsored the measure with Rep. Todd Platts, R-Pa., said it was relevant to the stimulus package
because that legislation proposes to allot $550 billion in public funds, and "we need to make sure these funds are effectively
spent and that they are not lost due to any waste, fraud or abuse."
"Most significant," said seven watchdog organizations including the Government Accountability Project, the National Whistleblower Center and the Union of Concerned Scientists, "it creates a permanent shield for federal employee and contractor
whistleblowers who challenge any misspending and it will keep protecting taxpayers long after stimulus funds are gone."
Lawmakers have been trying for nearly a decade to strengthen federal whistleblower protections. Last year the House passed a bill identical to the measure approved
by the chamber Wednesday, and the Senate passed a
similar bill.
But they were unable to find common ground and faced a veto from the Bush White House, which argued that it could compromise
national security and was overly burdensome.
Van Hollen said he was confident the Senate would consider the measure and that President Barack Obamawould support it.
The bill would extend rights to all national security whistleblowers, including those at the FBI
and the intelligence agencies. Also covered are federal contract workers
and some 40,000 airport baggage screeners working for the Transportation Security Administration.
It gives those covered by the measure access
to jury trials in federal district court to
challenge reprisal and ends the Federal Circuit Court of Appeals monopoly on appellate
reviews.
State adding prison guards despite freeze on hiring
Heather Senison • Albany bureau • January 26, 2009
ALBANY— Despite the current hiring freeze, the state is planning to continue to recruit corrections officers to
make sure prisons remain fully staffed, officials said. A statewide Civil Service exam for the slots is scheduled for April 4.
Gov. David Paterson imposed a hiring freeze last year to help close
a growing state budget gap, but it doesn't apply to prison workers.
"Even when there's a hiring freeze in effect there's
still certain critical positions that need to be filled in order to protect the health and safety of average New Yorkers,"
said Matt Anderson, a spokesman for the state Budget Division. "Correction officers
fall into that category."
Administrators, auditors, nurses, therapists, dentists, physicians, highway maintenance workers and bridge repair workers
are also exempt in some instances.
Paterson originally called for the Corrections Department to cut $249 million from its budget, but later changed that
to $84 million because of safety concerns, Anderson said.
"Levels of violence in the prisons remain relatively low," Kriss said. "The correction officers are the ones who make
sure that happens."
The highest rate of inmate assaults on staff occurred in 1990 at 22.7 assaults per 1,000 inmates,
Kriss said, when the prison population averaged 55,564. The rate had dropped by more than half that last year — to 9.4
assaults on staff per 1,000 inmates and 10.6 assaults on inmates per 1,000 inmates, he said.
The average daily population of inmates last year was 61,724. As of Jan. 7, there were 19,454 corrections officers in
the state.
Kriss said it's impossible to say how many new officers will be hired, since it depends mostly on how many
retire or leave the job for other reasons.
The constant need for more corrections officers illustrates the problem of retaining officers, said Donn Rowe, president
of the New York State Correctional Officers and Police Benevolent Association, the union that represents corrections officers.
"If we properly staff facilities to their appropriate levels and compensate our officers correctly, it certainly takes
care of your recruitment and your retention," Rowe said.
The tests used to be administered every two or three years, Rowe said. Now they are being held about every six months.
The
last test was administered last Oct. 18 and was taken by 6,369 applicants. As of Jan. 16, 909 people applied for the April
test and the department expects at least 7,000 applicants by the deadline on Feb. 17, Ernst said.
At least 4 hospitalized after prison
incident
COLEMAN, Fla. (AP) — Authorities
are reporting at least four people have been hospitalized after an incident at a federal prison in Florida northwest of Orlando
.
The Orlando Regional Medical Center says four people
have been hospitalized and they are expecting three others to be brought to the complex. It was not immediately clear whether
inmates or prison officials were injured.
Lake-Sumter Emergency
Medical Services also confirmed it had units at the Coleman Federal Correctional Complex on Sunday, but would not say
why they had been called to the facility. The prison has four units that house low-, medium- and high-security inmates.
Prison officials did not answer calls Sunday evening
from The Associated Press.
A spokeswoman for the Federal Bureau of Prisons said
she was gathering information
Staffers fired shots to break up Florida prison brawl, officials say
(CNN) -- Staffers at a federal prison in central Florida fired shots to break up a large-scale fight that sent eight inmates
to hospital emergency rooms Sunday afternoon, officials said.
Authorities did not say what led to the fight at the Coleman Federal Correctional Complex in Sumter County .
A statement from the prison said one inmate suffered a gunshot wound, but did not say whether the person was struck by
a prison staff member's bullet.
The other seven were "stabbing/shooting victims," said a spokesman for Orlando Regional Medical Center , where the inmates
were taken. The hospital did not elaborate.
No prison staffers were seriously hurt in the incident, which the FBI is investigating, said Charles Ratledge, spokesman
for the prison.
The fight broke out in the recreation yard of the United States Penitentiary No. 2, a high-security facility, about 2:20
p.m.
The Coleman complex consists of four institutions. The other three facilities -- another U.S. penitentiary, a medium-security
and a low-security facility -- were not affected, said Bureau of Prison spokeswoman Traci Billingsley.
"The inmates ignored staff orders to stop their assaultive behavior, and shots were fired by institution staff to prevent
possible loss of life," Ratledge said.
Five medical evacuation helicopters -- three from the hospital -- landed at the prison and transported the injured inmates
on the 15- to 20-minute flight to Orlando Regional, hospital spokesman Joe Brown said.
The prison complex is in near Coleman in Sumter County , about 50 miles northwest of Orlando ,
The community was never endangered by the fight, U.S. Justice Department spokeswoman Laura Sweeney said.
Fox 35 Orlando , Florida
SUMTER COUNTY, Fla. (WOFL FOX 35, Orlando) -- The Federal Bureau of Investigations has
announced it has taken over the investigation at the Coleman prison after a "large-scale fight" broke out at the facility
on Sunday.
A spokeswoman for Orlando Regional Medical Center
said seven prisoners remain hospitalized after a "large-scale fight" at a federal prison northwest of Orlando on Sunday.
The conditions of the
patients are not being disclosed because they were admitted under false names for privacy.
At approximately 2:20 p.m.
Sunday, several inmates began fighting in the recreation yard serving a high-security prison building at the Coleman
Federal Correctional Complex, which is approximately 50 miles northwest of Orlando
and 35 miles south of Ocala.
"The inmates ignored staff orders to stop their assaultive
behavior and shots were fired by institution staff to prevent possible loss of life," said Federal Bureau of Prisons spokesman Charles
Ratledge in a statement released to FOX 35.
Seven inmates were transported to the local hospitals for treatment
of their injuries with one inmate sustaining a gunshot wound. No staff were seriously injured during the incident.
"At no time was there any threat to the public," Ratledge added. Several emergency crews from Lake and Sumter counties arrived on scene shortly after 3 p.m. A spokesperson with Orlando Regional
Medical Center confirmed that at least seven people had been brought to the trauma complex. As patients arrived,
they were accompanied by federal agents.
According to Ratledge, the Federal Bureau of Investigations has been notified
and an investigation continues.
Coleman Federal Correctional Complex
is located just south of the central Florida town of Coleman , off of Highway
301. The complex consists of four facilities built to accommodate low to high security risk inmates.
The prisoners
are not being held in a special are of the hospital though there are guards on duty. The hospital trauma center was
under lockdown for several hours Sunday night.
MyFoxOrlando.com reported in October of 2007 on an incident at that same federal facility in which one inmate was stabbed and
beaten to death. Osbaldo Farias, 36, and Gerardo Martinez, 29, were later charged with conspiracy to commit murder
and first degree murder in the beating of fellow inmate Orlando Yazzie.
According to an investigation conducted
by the Department of Justice, Farias and Yazzie were exercising in a recreation
cage at the prison, when Farias stabbed Yazzie with a homemade knife approximately 13 times. Martinez then joined Farias
in the attack and the two reportedly kicked and stomped Yazzie for approximately forty-five minutes. He later died from
his injuries.
Many in U.S. Prisons Lack Good Health Care
Report finds high rate of chronic disease that often goes untreated
(HealthDay News)
-- The 2.3 million Americans currently being held in correctional facilities across the country suffer a much higher rate
of serious and chronic illness than the general population does, a new report finds.
These individuals -- representing about 1 percent of the total U.S. population -- also have difficulty accessing care both
inside and outside the correctional system, according to research published online Jan. 15 and set to appear in the April
issue of the American
Journal of Public Health.
It's the first such study to look at the health of all inmates nationwide at once, the researchers said.
"We largely ignore mental health in our society, and it's exacerbated here," said Craig Blakely, associate dean for academic
affairs and professor of health policy and management at the Texas A&M Health Science Center School of Rural Public Health
in College Station. "The findings suggest that health and mental health problems
are linked to higher rates of arrest and incarceration. "
"Devoting more resources to community mental health care could reduce
crime rates and reduce incarceration, " added study author Dr. Andrew P.
Wilper, an instructor in medicine at the University of Washington School of Medicine.
Largely due to the war on drugs, the U.S. prison population has increased
fourfold in the past 25 years, surpassing any other nation in the world in number of people incarcerated per capita, according
to background information in the paper.
Prisoners have a constitutional right to health care via the Eighth Amendment concerning cruel and
unusual punishment, yet such services are often sorely lacking, the report's authors contend.
Good data on the subject is also lacking, Wilper added. He said that he filed two federal government freedom-of-informat
ion requests -- both of which were denied -- to review copies of an U.S. Surgeon General's report on prison health care.
In their study, the authors analyzed responses contained in two Bureau of Justice Statistics surveys:
the 2002 Survey of Inmates in Local Jails and the 2004 Survey of Inmates in State and Federal
Correctional Facilities.
"Of these roughly 2 million inmates, about 800,000 suffered from a chronic condition that generally requires medical
attention: diabetes, hypertension,
a prior heart attack or a previously diagnosed cancer, among a few other
diagnoses," Wilper said.
Compared to non-incarcerated citizens, inmates in state jails were 31 percent more likely to have asthma, 55 percent
more prone to have diabetes, and 90 percent more likely to have suffered a heart attack.
In federal, state and local jails, 38.5 percent of inmates, 42.8 percent of inmates and 38.7 percent of inmates, respectively,
had a chronic medical condition.
Among inmates with mental conditions that had been treated on
the outside, 69.1 percent of federal
prison inmates, 68.6 percent of those in state facilities, and 45.5 percent of those in local jails were not
taking their medication at the time of their arrest. The treatment rate for mental health woes tripled after incarceration.
Fourteen percent of those in federal prisons, 20 percent of state prison inmates and 68.4 percent of those in local jails had not yet seen a health-care provider
since their incarceration, despite persistent health problems, the report found.
"There's some alarming data that suggests that those [inmates] with chronic conditions don't get the care they need when
incarcerated and that's Eighth-Amendment illegal," Blakely said. "The whole war on drugs has made a disaster of our judicial system and created a nightmare we can't control."
"Given the huge cost of incarceration, we're foolish not to ensure that inmates get the basic care that would allow them
to have a better chance of rehabilitation, " he continued. "This suggests the need for universal
access to health care."
Report Raps Bradley Schlozman, Former Justice Department Official,
for Political Bias
Former Civil Rights Division Chief Schemed to Keep 'Lefties' Out of
Key Jobs
By THERESA COOK
A former Justice Department official discriminated against
liberal job applicants at the department and
then made false statements to Congress on the matter, according to a Justice Department report released Tuesday.
The probe, conducted by two watchdog groups within the department, reviewed
"allegations that political or ideological affiliations were considered in hiring, transferring and assigning cases to career
attorneys in the Civil Rights Division of the Department of Justice," specifically under former DOJ official Bradley Schlozman,
who held an interim post at the head of the division.
According to the report, Schlozman circumvented many of his colleagues
and arranged the hiring of lesser-qualified applicants based on their conservative political ideology.
The jobs involved were not political appointments but career positions
for which candidates, according to federal law and guidelines, are to be selected for their qualifications, not their political
or ideological leanings.
In one Jan. 30, 2004, e-mail, Schlozman declined a lunch invitation from
a colleague, citing a previous commitment to interview "some lefty who we'll never hire."
In a March 5, 2004, message, he referred to potential hires in another
division of the department as "commies" and said that "as long as I'm here, adherents of Mao's little red book need not apply."
The report notes that Department of Justice officials interviewed as part
of the investigation said Schlozman believed many career employees at the departments were holdovers from prior administrations
and not, as Schlozman reportedly said, "on the team." He wanted to hire "real Americans," a term those interviewed said Schlozman
used "when referring to political conservatives."
Additionally, in a February 2006 voice mail Schlozman left for a colleague,
he said that in hiring volunteer interns, experience relevant to the job should not always work in the candidate's favor.
"[W]hen we start asking, 'What is your commitment to civil rights? ...
[H]ow do you prove that? Usually by membership in some crazy liberal organization or by some participation in some crazy cause
? Look, look at my resume -- I didn't have any demonstrated commitment, but I care about the issues. So, I mean, I just want
to make sure we don't start confining ourselves to, you know, politburo members because they happen to be a member of some,
you know, psychopathic left-wing organization designed to overthrow the government.
After their review of e-mails and other messages from Schlozman and interviews
with his former colleagues, the investigators found that he "favored applicants with conservative political or ideological
affiliations and disfavored applicants with civil rights or human rights experience whom he considered to be overly liberal."
In addition, he winnowed down the applicant pool for the prestigious jobs
before allowing section chiefs in his division to review resumes, the report concluded.
Schlozman testified before the Senate Judiciary Committee in June 2007,
and under questioning from lawmakers, he said that he "did not" violate government statutes, which state that a candidate's
political ideology cannot be considered when hiring for a so-called career position.
Based on Schlozman's statements during the hearing and his written responses
to lawmakers' questions, investigators concluded that he was not truthful in his testimony.
Schlozman declined through his lawyer to be interviewed as part of the
investigation, but attorney William Jordan released a lengthy statement on his behalf that criticized its findings.
In the statement, Jordan called the report "inaccurate, incomplete, biased,
unsupported by the law and contrary to the facts." He noted that Schlozman underwent a polygraph examination, the results
of which, he said, "demonstrated his testimony before Congress was truthful and accurate."
Contrary to the report, he said, Schlozman did hire and promote more than
two dozen individuals "that he knew to be either ideologically liberal or Democrats." Schlozman hired employees based on their
"academic records, respect for the rule of law and their ability to separate their personal views from the enforcement activities
of the Civil Rights Division," said Jordan, and "he is justifiably proud of the individuals he hired and the record level
of enforcement activity of the Civil Rights Division."
Schlozman, who now works for a law firm in Wichita, Kan., resigned from
the department in September 2007, so he will not face any reprimand from the government. As noted in the report and by Jordan,
the U.S. Attorney's office in Washington, D.C., received the report last year but declined to take any action against Schlozman.
The report is the latest in a series of investigations critical of the
department's hiring and firing processes under former Attorney General Alberto Gonzales. Gonzales left the department under
a cloud in September 2007, after months of criticism from Capitol Hill
Lawmakers from both political parties charged that the department singled
out and fired at least nine U.S. attorneys in 2006 based on political considerations.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said that he
was not only "particularly disturbed" about the allegations that Schlozman lied to his panel, but that the report "confirms
some of our worst fears about the Bush administration's political corruption of the Justice Department."
Leahy has been a vocal critic of the department's activities under Gonzales,
and noted that the report "is just one of the final chapters in the regrettable legacy of the Bush administration at Main
Justice."
Justice Department spokesman Peter Carr released a statement on the report,
noting that the department's mission "is the evenhanded application of the Constitution and the laws enacted under it." In
the statement, he criticized Schlozman, saying he "deviated from that strict standard."
Carr added that the department "agrees with the recommendations outlined
in the report" and has already taken steps to remedy the issues. "As a result of these reforms ? we are confident that the
institutional problems identified in today's report no longer exist and will not recur," he concluded.
Unabashed Racism in the Bush DOJ Civil Rights Division
The new Inspector General report out of the Justice Department makes clear
that Randy Schlozman — the acting director of DOJ’s Civil Rights Division — illegally used political
considerations to replace nearly 1-in-6 lawyers in the division with “real Americans,” and members of “the
team,” ie: conservatives, preferably members of the Federalist Society. The report also finds that Schlozman lied about
his illegal hiring practices repeatedly in congressional testimony.
The report is shocking. But even moreso in a topic it touches on only tangentially
— racism in the Civil Rights Division of the Bush DOJ. Schlozman tried to have one “Democrat in hiding”
that he oversaw exiled because she: “wrote in Ebonics,” “was an idiot,” and “was an affirmative
action thing.”
(The attorney in question graduated magna cum laude from a top law school
and was repeatedly praised in her performance reviews for her strong writing and analytical skills.)
There is also this email exchange between Schlozman and John Tanner, the
Voting Rights division chair who infamously asserted that Voter ID requirements that disadvantage the elderly have no impact
on minorities because, “minorities don’t become elderly the way white people do. They die first.”
Tanner and Schlozman are discussing how they like their coffee, with Tanner
writing that he took his “Mary Frances Berry style – black and bitter.”
Berry, an African American, chaired the U.S. Commission on Civil Rights
for nearly a decade, ending her service in 2004.
Staffers' Good-Riddance Party for Chao a Labor of Love
By Joe Davidson
During these last few days of the Bush administration, you might expect gatherings where career staffers bid a fond farewell
to the political appointees they've worked closely with for years.
Labor Department staffers held such an affair last week, a going-away event for the top appointee there. But rather than
a fond farewell, it was a good-riddance party to cheer the departure of Secretary Elaine Chao.
Alexander Bastani, president of Local 12 of the American Federation of Government Employees, set the tone for the occasion
by leading the crowd in a serenade to the secretary: "Na na na na, na na na na, hey, hey, goodbye."
"Sisters and brothers, we are 11 days away," he said to cheers from about 100 of his members Friday night at Clyde's
of Gallery Place. "Eleven days away from freedom."
The bar was open and the wait staff circulated with cocktail party nibbles. The setting was the restaurant's Piedmont
Room, a plush chamber with cherry wood paneling on the walls and ceiling. The room is decorated with silver trays and trophies,
a slew of horse-race paintings and a life-size statue of a jockey riding a racehorse. You can't miss the three large (albeit
phony) palm trees.
Of course, no party is complete without a cake. This bash featured a yellow one with white icing and the words "Ciao
to Chao" on top. That, explained Eleanor Lauderdale, vice president of the local, "symbolizes the end of tyranny at the Department
of Labor."
The most surprising thing about the cake was the ability of Everett Horton, a waiter, to carry six plates of it on his
outstretched arm at one time. "I dropped a lot of cakes" while learning, he said, "but it's second nature now."
Also notable is the way union leaders respond differently to agency heads. It's not an ideological thing where all Republican
appointees are bad folks in the eyes of Democratic union bosses. During a union holiday party before Christmas with Department
of Housing and Urban Development workers, the attitude exhibited toward that agency's leadership was much more positive than
the brickbats thrown at Chao.
Labor leaders said the Baltimore law firm Snider & Associates paid for the $6,000 affair. A Snider advertisement
on the back page of the local's newsletter notes the firm's representation of federal employees and says "Local 12 trusts
us . . . So should you!"
Chao's shop brushed off the event like Jay-Z flicking dirt off his shoulder.
"While a disgruntled few may have been griping at happy hour, most of the department's 15,000-plus career employees have
been enthusiastically achieving record pro-worker results under Secretary Chao's leadership," said Jennifer Coxe, the deputy
assistant secretary of public affairs.
For example, she said, Labor's Occupational Safety and Health Administration is reporting the lowest fatality, illness
and injury rates in history, and there were fewer deaths in mines last year than ever before.
Chao's PR doesn't persuade union leaders.
"I don't buy it," John Gage, AFGE national president, said in an interview yesterday. "She has deliberately walked away
from regulation after regulation that was put there to look out for the safety of workers."
Putting a historical spin on it, Bastani said, "we all thought Raymond Donovan [President Ronald Reagan's labor secretary]
was the worst secretary of labor ever," but "Elaine Chao blew him out of the water."
The union is glad to see her go because its members say she favored business so much that it has been difficult for them
to carry out Labor's mission. The mission statement says in part that the agency "fosters and promotes the welfare of the
job seekers, wage earners, and retirees of the United States by improving their working conditions."
But that hasn't been the case under Chao, the labor leaders complained. Lauderdale cited the case of Ira Wainless, a
senior industrial hygienist at the department. In 2002, he drafted a bulletin warning auto mechanics that brake linings were
"a substantial source of exposure" to asbestos, a carcinogen.
The warning was finally published four years later, after Sen. Patty Murray (D-Wash.) pushed for it, but not before the
document was watered down -- the "substantial source of exposure" had become "potential exposure" to asbestos. Wainless was
threatened with suspension because his bulletin did not mention an industry-financed study, but his boss relented when an
account of his travails appeared in the Baltimore Sun.
Because of situations like that, Mark Roth, AFGE's general counsel, said the department has been a terrible place to
work for the career workforce that has believed in the mission and carrying out the policies in a neutral manner."
Hilda Solis deflects Republican questions
over union issues
At her confirmation hearing, the nominee to head Labor avoids being drawn into a
fight over matters such as the 'card check' bill, which she co-sponsored in the House.
By James Oliphant
January 10, 2009
Reporting from Washington — Senate Republicans spent
much of Friday morning trying to draw Barack Obama's choice for Labor secretary, Rep. Hilda L. Solis (D-El Monte), into a
fight over union issues.
But she gave them little ammunition, repeatedly refusing to express her opinion on hotly contested
issues such as organizing rights. And at the end of her relatively brief confirmation hearing, Solis' nomination did not appear
to be endangered.
Republicans are concerned that Solis, a strong supporter of unions in her eight years in the House,
will bring a pro-union bias to the Labor Department.
"This is a very important position," said Sen. Orrin G. Hatch
(R-Utah). "It can't be used to magnify one side over the other or any side over the other. It has to be handled fairly."
Hatch,
however, said he would support Solis' nomination.
Republicans are particularly wary of a bill called the Employee Free
Choice Act, which would make it easier for workers to form bargaining units. Solis was a co-sponsor of the bill, which passed
the House in 2007 but stalled in the Senate.
The legislation -- know as the "card check" bill because it would allow
workers to simply fill out a card to indicate their interest in joining a union rather than vote in a secret election -- is
likely to be taken up again in the House in coming weeks.
"Card check is a huge issue," Sen. Johnny Isakson (R-Ga.)
said. "I am so concerned with skewing the relationship between labor and management."
But Solis refused to express
her support for the bill, instead repeatedly telling senators that she had not talked with Obama on the issue and could not
speak for the incoming administration.
While a senator, Obama was a co-sponsor of the card-check bill. If the measure
is again passed by the House and reaches the Senate, it's likely to face a Republican filibuster.
Solis also was pressed
by Sen. Lamar Alexander (R-Tenn.) about preserving "right to work" laws in states such as his that prohibit employers from
requiring workers to be members of a union or to pay dues as condition of employment.
But Solis told Alexander she
was "not qualified" to give him a response on the issue, except to say that she believed "that the president-elect feels strongly
that American workers should have a choice to join or not to join a union. And to me that is the basic premise of our democracy,
whether you want to be associated with a group or not."
Solis, 51, brought a compelling personal story to the hearing,
one that was commented upon by Sen. Edward M. Kennedy (D-Mass.), the chairman of the Senate Committee on Health, Education,
Labor and Pensions that is presiding over Solis' nomination.
"The task before us is great. But Hilda Solis has overcome
great challenges all her life," Kennedy said.
Solis' father immigrated to Southern California from Mexico and worked
in a battery factory.
Her mother, a Nicaraguan, worked on an assembly line. Both were union members, and Solis has
credited unions for making her achievements possible.
In 1994, she became the first Latina elected to the California
state Senate. She received the John F. Kennedy Profile in Courage award in 2000 for her work on environmental justice issues,
the first woman to receive the honor.
"Your life is one that epitomizes the American dream," Sen. Michael B. Enzi (R-Wyo.)
said.
Her confirmation hearing came on a day when the Labor Department released a report saying the nation had lost
more jobs in 2008 than in any year since World War II. "We are in a crisis situation," Solis told the panel. "The public is
demanding action on the part of the Congress."
Solis said that, if confirmed, her early priorities would include job
creation, fair pay for American workers, retirement savings, and retraining and job skills for returning soldiers.
Labor
groups urged lawmakers Friday to quickly confirm Solis, calling her a champion of workers issues.
"At our events, she
is known as an honorary shop steward -- a symbol of the respect she has earned throughout our decades-long working relationship,"
said Bruce Raynor, general president of Unite Here, a union representing restaurant, hotel and laundry workers. "She has walked
numerous picket lines with us in Southern California . Our members have worked on every single Solis campaign."
He
and others said a strong labor advocate crafting policies to aid workers was of particular importance as the economy flounders.
Teamsters
General President Jim Hoffa said in a statement: "Now more than ever, workers in this country need a friend like Solis at
the Labor Department, an agency that has been a greater friend to corporations in the last eight years than the workers it
was founded to protect."
Federal Labor Relations Authority At a Crossroads
By Joe Davidson
Thomas Beck runs a tiny agency, but he has a huge job.
As the new chairman of the Federal Labor Relations Authority, Beck's task is to reinvigorate an organization that had
become almost useless.
The authority's mission is to resolve complaints of unfair labor practices within the federal government. It decides
issues involving federal union representation and settles stalemates between those unions and government agencies.
At least that's what it was supposed to do.
When Beck was sworn in as chairman in October, he found an agency with a backlog of some 400 cases. Until he took office,
only one of three seats on the authority was filled, rendering it impotent for months. The agency has operated without a general
counsel since March, which means the agency cannot prosecute unfair-labor-practices cases.
"It's clear to me that among many interested parties outside of the agency, they felt like not much was getting done,"
Beck said. "The parties that we serve, the federal agencies and the labor unions . . . they weren't sure exactly what was
happening here at the FLRA."
Staffers had differing views on the authority's effectiveness, he said. Yet, as a group, they rated it dead last among
small agencies in the 2007 "Best Places to Work in the Federal Government" rankings published by the Partnership for Public
Service.
Morale was in the tank.
"We were led by people not interested in our mission or sustaining our program," complained Lisa Vandenberg, president
of the Union of Authority Employees, the FLRA labor organization.
The backlog of cases grew as staffing levels dropped. Since 2003, the number of employees fell by 35 percent, to 120.
The agency's budget declined 19 percent, to $22.7 million, during that period.
"At every level, our effectiveness was compromised by staffing issues," said Carol Waller Pope, the authority's
other member.
Curiously, the previous management did not spend all the money it was appropriated, according to Beck. Between $1 million
and $1.5 million of agency funding was returned to the Treasury each year since fiscal 2003, until last year.
Being a good Republican, "I'm a big fan of being lean and efficient" he said, "but I would not want to be any more lean
right now."
He's trying to get some of that money back and said he has no idea why previous officials, who could not be reached for
this column, didn't spend it.
As a result, "now there are very, very serious backlogs," Vandenberg said. "The federal service labor and management
community is supposed to receive certain services from the FLRA . . . and they haven't been receiving those from us for a
long period of time."
Beck is trying to change that. To reduce the backlog, he said, he and Pope "have been working to identify cases where
we can reach agreement as to the ultimate disposition, even if we sometimes disagree about why that disposition is the correct
one."
That has resulted, he added, in 21 decisions from Oct. 16 to Dec. 31, "the greatest number of decisions issued in any
quarter since the third quarter of 2006."
He's also hiring. One additional lawyer for the case-processing staff has been added, and three more should come on board
soon. That would represent a 36 percent increase. Beck also recruited a human resources specialist. Previously the entire
HR function was contracted out.
For current staffers, Beck wants them to know they are appreciated. Last month, he honored employees for long or exceptional
service, the first time the agency had an awards program in several years. He's also planning a 30th anniversary celebration
for the agency this year.
"Now we're in a position where the agency is starting to move forward again," Vandenberg said. "The employees are really
looking forward to this after a long period when we haven't been able to be very effective in carrying out our mission."
But despite his efforts during his brief tenure, Beck's remaining days as chairman could be numbered. President-elect
Barack Obama might want to put a Democrat in the top spot. The National Treasury Employees Union has urged Obama
to appoint Pope, a Democrat, to the chair.
Pope was a staff attorney for 20 years, until she was appointed as an authority member in 2000.
Colleen M. Kelley, the Treasury employees union president, expressed no beef with Beck, but she said Pope has
a good history and track record and has "consistently demonstrated an understanding of federal labor law."
Beck gave up a lucrative career as a labor and employment law attorney, representing management clients, to join the
government. But would he want to remain as a member of the authority if Obama appoints someone else as chair?
"I think I would," he said after a pause and with somewhat more candor than is often heard in this town. "I didn't come
here to leave right away. . . . If President Obama sees fit to designate someone else as the chairman, I would still really
enjoy deciding cases."
Lawmakers renew battle against pension provisions
By Brittany R. BallenstedtJanuary
8, 2009
An old fight resumed on Thursday when two House lawmakers unveiled legislation
that would ease the burden of two Social Security laws that significantly reduce benefits for some public sector retirees.
The bill (H.R. 235), introduced by Reps. Howard Berman, D-Calif., and Howard (Buck)
McKeon, R-Calif., would repeal two provisions in Social Security law -- the Government Pension Offset and the Windfall Elimination
Provision -- that reduce or eliminate Social Security benefits for federal employees who entered the government before 1984
and are covered by the Civil Service Retirement System. Employees in CSRS do not pay into Social Security and receive a government
pension instead.
The Government Pension Offset law cuts the Social Security benefits that some employees
-- including widows and widowers -- would have received from their spouses, while the Windfall Elimination Provision reduces
benefits for public employees who also worked in private sector jobs where they paid into the Social Security system.
The Social Security Administration estimates that 465,000 beneficiaries are affected
by the pension offset. Seventy-seven percent are women, 43 percent are widowed and 75 percent have lost their entire Social
Security spousal benefit. SSA data also indicates that about 972,000 beneficiaries are affected by the Windfall Elimination
Provision.
Various legislators have introduced bills to repeal or modify the two laws with
little success, largely because lawmakers have been unable to find a solution to offset the estimated $81 billion price tag
of a full repeal.
The bill's swift reintroduction drew praise from the National Active and Retired
Federal Employees Association, which has lobbied for more than 25 years to repeal the two provisions. The group pledged to
work with lawmakers to ensure action on the bill in the 111th Congress.
"The GPO and WEP arbitrarily eradicate the earned Social Security benefits of far
too many public sector retirees," NARFE President Margaret Baptiste said on Thursday. "There is absolutely no legitimate reason
for one segment of seniors being denied their Social Security benefits for which full Social Security taxes were paid."
The Short
List: Key Federal Management JobsJanuary 6, 2009
Editor's note: This chart has been updated to include the newly created chief performance officer and chief technology
officer positions.
Speculation on who President-elect Barack Obama would select for his Cabinet began almost immediately after his historic
victory on Nov. 4. But less has been said about how Obama might fill lower-level positions that have a direct influence over
management and workforce policies affecting federal employees.
We have asked government observers to share their thoughts on likely candidates for jobs such as the director of the Office
of Personnel Management, who will have a critical role in determining whether the next administration continues a push toward
pay-for-performance, and the chief of the General Services Administration, government's main purchasing agency.
The chart below tracks their predictions. We will update it regularly as we receive more information, and as Obama announces
nominations. Please note that nobody named in the "rumored" column has confirmed that he or she is under consideration. Their
names have been provided by other sources.
Position
Current Occupant
Rumored
Nominee
Chief Performance Officer
New position
One observer noted Obama might combine this position with that of deputy director for management at the Office
of Management and Budget (see potential picks for that spot below).
Chief Technology Officer
New position
Steve Jobs, chief executive officer of Apple Inc. District of Columbia technology chief Vivek
Kundra reportedly is under consideration for a role in the Obama administration. It is unclear exactly what role that might be, but the chief technology officer spot
would be a logical choice.
Nancy Killefer, senior director and manager of the Washington office of McKinsey & Co. Steven
Kelman, professor of public management at Harvard University's John F. Kennedy School of Government. Kelman served as
head of OMB's Office of Federal Procurement Policy during the Clinton administration from 1993 to 1997.
Administrator of OMB's Office of Federal Procurement Policy
Lesley Field, acting
Alan Chvotkin, executive vice president and counsel of the Professional Services Council Stan
Soloway, president of the Professional Services Council Colleen Preston, executive vice president for policy
and operations at the Professional Services Council Cathy Garman, staff member of the House Armed Services Committee
Peter Levine, staff member of the Senate Armed Services Committee Christopher Yukins, professor specializing
in procurement law at The George Washington University Steven Schooner, professor specializing in procurement law
at The George Washington University
Administrator of the General Services Administration
Jim Williams, acting
Steven Kelman, professor of public management at Harvard University's John F. Kennedy School
of Government. Kelman served as head of OMB's Office of Federal Procurement Policy during the Clinton administration from
1993 to 1997. Martha Johnson, leader of the GSA agency review for Obama's transition team. Johnson was GSA chief
of staff in 1996 under David Barram. Christopher Yukins, professor specializing in procurement law at The George
Washington University. Steven Schooner, professor specializing in procurement law at The George Washington University.
Director of the Office of Personnel Management
Michael Hager, acting
Max Stier, president of the Partnership for Public Service, a good government nonprofit. Mark Roth,
general counsel of the American Federation of Government Employees, volunteered that the union would "vehemently oppose" Stier's
nomination -- without being asked about Stier specifically. Roth claimed Stier has "consistently" supported Bush administration
reform efforts that the union has opposed, including the Defense pay-for-performance system. He would not comment on whether
Stier was under consideration for the top human resources job in government. Ron Sanders, chief human
capital officer at the Office of the Director of National Intelligence
Chairman of the Equal Employment Opportunity Commission
Naomi Earp
Earp's term ends in 2010, so this appointment is not imminent. But Earp herself has mentioned Commissioner
Christine Griffin as a possible successor. Griffin has a reputation as a strong advocate for bringing more disabled
workers into the federal government, and as someone who is not afraid to speak her mind (she called the results of current
federal disability hiring efforts "terrible").
Chairman of the Federal Labor Relations Authority
Thomas Beck
We haven't come across any names for this position, which is the top spot at the agency that sets the rules
for how federal unions organize. The American Federation of Government Employees has made recommendations to the transition
team, but the union declined to make those suggestions public. In the past, AFGE's Mark Roth has praised FLRA member
Carol Pope, who was appointed by President Clinton.
Chairman of the Federal Service Impasses Panel
Becky Norton Dunlop
No names have surfaced here. But federal labor representatives have been extremely unhappy about the direction
of this panel, which settles deadlocked negotiations between agency managers and employee unions. Labor groups have charged
that the current panel members do not have the arbitration experience necessary to do their jobs objectively. Obama wrote
in an October letter to American Federation of Government Employees President John Gage, "In all of my administration's hiring decisions, I will
work to ensure that each nominee has a clear understanding of the labor-management collective bargaining process and my commitment
to assuring its fairness. The same goes for my appointments to the Federal Labor Relations Authority and the Federal Service
Impasses Panel."
Special Counsel
William Reukauf, acting
Elaine Kaplan, former special counsel under Clinton BethSlavet,
judge on the Merit Systems Protection Board during the Clinton and Bush administrations.
Undersecretary of Defense for Acquisition Technology and Logistics
John Young Jr.
Norm Augustine, former president of Lockheed Martin Corp. Was undersecretary of the Army from 1975 to
1977. Betsy Phillips, influential intelligence staffer on the House Appropriations Defense subcommittee John
Douglass, former president of the Aerospace Industries Association David Oliver, former deputy undersecretary
of Defense for acquisition, technology and logistics; now executive vice president of European Aeronautic Defense and Space
Co., North America Jacques Gansler, held the position from 1997 to 2001; now a professor at the University of Maryland's
School of Public Policy Alan Chvotkin, executive vice president and counsel of the Professional Services Council
Stan Soloway, president of the Professional Services Council Colleen Preston, executive vice president
for policy and operations at the Professional Services Council Cathy Garman, staff member of the House Armed Services
Committee Peter Levine, staff member of the Senate Armed Services Committee
How Obama Can Fix The Other Disaster in Bush’s
Legacy: The War on Workers
At year’s end, President Bush and his spinmeisters, including the First
Lady, defended his legacy from Iraq to Katrina. But scholars and progressives were united in their view that President Bush
is one of of the worst Presidents in history. Yet even as pundits have justly focused on the
cataclysmic trifecta of Iraq, Katrina and the$7 trillion economic meltdown, there was another calamity that combined
free-market zealotry, incompetence and indifference to public health and safety: the Bush Administration’s War on Workers.
In its own six-part review of the “good news/bad news” year in labor, the AFL-CIO Now blog labeled Bush’s
government “the most anti-worker administration in U.S. history.”
On virtually every front, the
Labor Department that was supposed to protect workers’ lives and paychecks did practically nothing to stop 6,000
workers from being killed on the job each year and prevent an estimated $19 billion from being stolen through corporate wage
theft of overtime and minimum wage payments. As David Madland and Karla Walter of the Center for American Progress Action
Fund pointed out recently:
Negligent firms often ignore these [workplace ] rules, and Bush’s
Department of Labor has shirked its role as top labor cop. Irresponsible employers know that they will be rarely penalized
for workplace abuses, and when they are, penalties will likely be so low they will not hurt the firm’s bottom line.
In recent years, wage theft investigators assessed fines on only 6 percent of known lawbreakers. Moreover, in 2006 the average
workplace safety penalty for serious violations that “pose a substantial probability of death or serious physical harm”
was only $881…
The risk of employer abuse is especially high for workers in traditionally low-wage and potentially
dangerous industries. According to recent reports, at least 50 percent of garment, nursing home, and poultry employers are
in violation of the basic minimum wage and overtime protections…
And it’s not only workers who get cheated.
Employers who play by the rules and treat their workers with respect can’t compete with irresponsible firms who cut
corners with employee safety and wages.
On top of robbing workers
of their pay, these rogue firms (including Wal-Mart, which just settled 63 wage theft cases) also steal from taxpayers, too.
Madland and Walter note in their new report on immediate actions the Obama administration can take to protect workers, Enforcing
Change: “Taxpayers are cheated out of $2.7 billion to $4.3 billion each year in Social Security, unemployment, and income
taxes from just one type of workplace fraud that misclassifies employees as independent contractors.”
While labor’s
top legislative priority is the long-overdue Employee Free Choice Act to give workers a level playing field to organize, there
are several key steps Obama’s new Secretary of Labor, Rep. Hilda Solis, can take right away to boost enforcement of
current laws at a broken Labor Department and such slothful agencies as OSHA.
How bad was OSHA under Bush? The Washington
Post reported last week a nearly 90 percent drop-off in major oversight actions because “political appointees ordered
the withdrawal of dozens of workplace health regulations, slow-rolled others, and altered the reach of its warnings and rules
in response to industry pressure.”
In fact, as the Post reported, OSHA’s recent chief was a deregulation
advocate who literally fell asleep on the job (at least “Brownie” at FEMA stayed awake long enough to primp himself
for interviews):
In 2006, [John] Henshaw was replaced by Edwin G. Foulke Jr., a South Carolina
lawyer and former Bush fundraiser who spent years defending companies cited by OSHA for safety and health violations.
Foulke
quickly acquired a reputation inside the Labor Department as a man who literally fell asleep on the job: Eyewitnesses said
they saw him suddenly doze off at staff meetings, during teleconferences, in one-on-one briefings, at retreats involving senior
deputies, on the dais at a conference in Europe, at an award ceremony for a corporation and during an interview with a candidate
for deputy regional administrator.
His top aides said they rustled papers, wore attention-getting garb, pounded the
table for emphasis or gently kicked his leg, all to keep him awake…
It
won’t be easy fixing a Bush-led bureaucracy that couldn’t care less if workers lived or died (or even get paid).
But Madland and Walker outline five critical steps to toughen enforcement and accountability:
ˇ Opportunity 1: Use penalties to create a culture of accountability.
ˇ
Opportunity 2: Increase enforcement staff and use partnerships to assist underfunded enforcement divisions.
ˇ Opportunity
3: Target high-violation sectors with strategic initiatives.
ˇ Opportunity 4: Use thorough record keeping to drive
enforcement priorities, enhance public accountability, and improve performance evaluation.
ˇ Opportunity 5: Strengthen
immigrant protections to improve job quality for all workers.
But
Bush’s outgoing labor secretary never heard such calls for change, but still insists, like her President’s latest
PR campaign on behalf of his “legacy,” that everything worked out just fine. She recently told the Los Angeles
Times:
She said that much of the criticism of her stewardship misses the big picture.
“Our workers today [are] safer and healthier than they were eight years ago. The facts speak for themselves,”
she said in a recent interview…
Many labor advocates say the results could be even better if the agency had taken
a tougher approach toward employers. They also accuse Chao of using the agency’s regulatory power to hamstring organized
labor with new financial reporting requirements that unions call onerous.
(To
read more about union harassment by paperwork, click here.)
Indeed, as the useful blog, Shameonelaine.org, run by American
Rights at Work, points out: “Under Elaine’s questionable ‘leadership,’ the Department of Labor has
turned into an agency that screws America’s workers and enables corporate giveaways.”
So Hilda Solis truly
has her work cut out for her. As the New York Times’ editorial page observed:
The first and biggest test of Mr. Obama’s commitment to labor, and
to Ms. Solis, will be his decision on whether or not to push the Employee Free Choice Act in 2009. Corporate America is determined
to derail the bill, which would make it easier than it has been for workers to form unions by requiring that employers recognize
a union if a majority of employees at a workplace sign cards indicating they wish to organize…The measure is vital legislation
and should not be postponed…
To enforce labor standards, the Labor Department will need more staff and more
money, both of which have been cut deeply by President Bush. Only the president can give the new labor secretary the clout
she will need to do well at a job that has been done so badly for so long, at such great cost to the quality of Americans’
lives.
Now it’s up to Obama to help undo the damage eight
years of George Bush did to American workers.
Six inmates stabbed during riot at Victorville prison
VICTORVILLE • At least six federal inmates were stabbed during a riot at the Federal Correctional Institution Monday
night.
One prisoner was stabbed multiple times in the chest when “multiple fights between numerous inmates in several housing
units” broke out at the medium-security facility at about 6:10 p.m., officials said.
A total of six inmates were taken to local hospitals because of injuries and one staff member received minor injuries,
officials said.
“All but one of the inmates have returned to the institution,” said Chris Burke, spokesman for the prison.
“The one inmate remaining at the hospital is in stable condition with non-life threatening injuries. The staff member
was treated at a local hospital for minor abrasions to his head.”
The Federal Correctional Institution, Victorville II, in the 13800 block of Air Expressway, is secured and on lockdown,
according to a Federal Bureau of Prisons news release, officials said Tuesday.
The cause of the disturbance is under investigation and the prison will remain on lock down until the investigation is
completes, Burke said.
Bush issues order implementing 3.9 percent pay raise
By Alyssa Rosenberg
December
19, 2008
President Bush on Thursday issued an executive order implementing the 3.9 percent pay hike for federal employees included in the Consolidated Security, Disaster Assistance and Continuing Appropriations
Act passed in September.
The 3.9 percent figure is 1 percentage point higher than the administration
initially proposed in its February budget, and brings the 2009 civilian pay increase in line with the raise for members of
the military.
National Treasury Employees Union President Colleen Kelley said she was
pleased with the pay raise, but wished the initial proposal had been higher.
"It is disappointing that in every year of this administration, it has failed
to make the connection between fair and competitive pay and the ability of agencies to secure and keep the high-quality employees
they need if they are going to meet public expectations of government service," she said.
The executive order was necessary to specify how the overall civilian pay
hike will be divided between base and locality pay. Bush allocated 2.9 percent to basic pay, and 1 percent to locality increases.
For General Schedule employees, base pay will range from $17,540 for employees
in Grade 1, Step 1, to $127,604 for employees in Grade 15, Step 10. For employees in the Senior Executive Service, pay will
range from $117,787 to $177,000 for executives in agencies with certified SES performance appraisal systems, and from $117,787
to $162,900 in agencies without such systems.
Members of the SES paid the current minimum salary of $114,468 will receive
guaranteed 2009 raises of 2.9 percent to bring their salaries in line with the new floor of $117,787. Raises for other senior
executives will be determined on an individual basis and will vary by agency.
Employees in the Washington-Baltimore-Northern Virginia area will receive
the highest total pay adjustment, at 4.78 percent. Those in the "rest of U.S." category will get an overall boost of 3.52
percent.
Obama to name pro-union Rep. Hilda Solis to Labor post
The California congresswoman is a leader in the Congressional Hispanic Caucus and is called
a coalition-builder.
By Peter Nicholas
PRO-LABOR: Rep. Hilda Solis was elected to Congress in 2000
from a district that includes swaths of East L.A. and the San
Gabriel Valley. She has consistently voted in support of labor's interests.
December 19, 2008
Reporting from Washington — Rep. Hilda L. Solis (D-El Monte), a Congressional
Hispanic Caucus leader considered to be one of the most reliably pro-union voices in the House, is President-elect Barack
Obama's choice to head the Labor Department, a Democratic official said Thursday.
Obama is expected to announce the
selection at a news conference today in Chicago .
Solis, 51, would be the third Latino member of Obama's Cabinet, a
measure of diversity that has garnered praise from this fast-growing slice of the electorate.
After Obama nominated
New Mexico Gov. Bill Richardson to be his Commerce secretary, some Latino officials complained that they were being shut out
of the most prestigious Cabinet posts. Richardson at one time had been rumored to be in line for secretary of State, before
Obama offered him the Commerce slot.
Rep. Joe Baca (D-Rialto) had cautioned that Obama's legislative agenda might face
roadblocks unless more Latinos were installed in top positions.
Since then, Obama has said he will nominate Sen. Ken
Salazar (D-Colo.) as secretary of the Interior, and now Solis as Labor secretary. Prominent Latino officials are now praising
the new Cabinet's makeup.
In an interview Thursday, Baca said: "We're glad he listened to our voices and listened to
the Hispanic community that came out and delivered for him on election day. It's a great day for the Hispanic community."
Solis
did not return calls for comment.
Elected to Congress in 2000 from a district that includes swaths of East L.A. and
the San Gabriel Valley , Solis has consistently voted in support of labor's interests. A congressional voting analysis conducted
by the AFL-CIO showed that she voted with organized labor 100% of the time last year.
She supported measures increasing
the minimum wage, making it easier for workers to organize and preserving a ban on privatizing jobs at the Labor Department.
Other labor groups that study congressional voting patterns gave her a 100% rating in 2005 and 2006.
J.P. Fielder,
spokesman for the U.S. Chamber of Commerce, suggested that Solis' voting record is overly weighted in labor's favor. "The
business community recognizes that economic growth has happened in a number of non-unionized states. She has sided with the
AFL-CIO in 97% of the votes that she has cast on the Hill," he said.
Solis also serves on the board of directors of
American Rights at Work, which advocates for the right to form unions and bargain collectively. The chairman is former Rep.
David Bonior of Michigan , who was also in the running for the Labor secretary post.
"I'm very excited," said Maria
Elena Durazo, executive secretary-treasurer of the Los Angeles County Federation of Labor. "This is an extraordinary moment
for all women, but especially for the Latino community."
Durazo said Solis would be effective in the job because she
is a "coalition-builder" who "doesn't walk in thinking everything has to be a battle with business."
Before winning
her congressional seat, Solis spent 18 years in the Legislature in Sacramento . In Solis' hometown of El Monte , officials
are hoping that her move to Labor secretary will give the local economy a much-needed boost.
El Monte officials cut
more than $2 million from the city's budget Wednesday and laid off more than 80 part- and full-time workers during a special
meeting. The city had long ago banked on the auto sales industry, and now that is flagging.
Councilwoman Emily Ishigaki,
63, said she had high hopes for Solis, whom she has long worked with as a fellow member of the El Monte Business and Professional
Women.
"I hope she can devise a way to bring jobs back to America ," Ishigaki said. "I sure hope it means notice for
the San Gabriel Valley ."
Past colleagues of Solis describe her as a formidable politician. Former Assembly Speaker
Bob Hertzberg, one of the Los Angeles political heavyweights who backed Solis in her first foray into politics -- a race for
the Rio Hondo College board -- said the congresswoman was a proven coalition-builder but could be "tenacious."
"I think
that her support for labor is just rooted in a deep conviction," Hertzberg said. "In my judgment, it's important to have a
Labor secretary who has a strong sentiment for working folks."
Once Solis vacates her congressional seat, California
Gov. Arnold Schwarzenegger will have 14 days to call a special election. One candidate is likely to be state Sen. Gloria Romero
(D- Los Angeles ).
Romero replaced Solis in the state Senate, and Romero's district encompasses the congressional district.
Romero,
herself a strong labor advocate, made her name in the Legislature by holding tough oversight hearings into California 's troubled
prison system.
"I have deep roots, and I would certainly give it every consideration," Romero said of a potential race
for Congress. "Definitely, I am interested."
Texas prison standoff ends peacefully December
13, 2008
(CNN) -- Two recreation workers in a Texas prison were released late Friday after they
were held hostage by inmates, according to state police.
Earlier on
Friday, inmates set fire to the recreation area at the Reeves County Detention Center III in Pecos, said Texas Highway Patrol Trooper John Barton.
The inmates, who had made several demands, surrendered
late Friday after negotiations with authorities. They were later returned to their cells, Barton said.
The 980-bed,
low-security unit, operated by Geo Group Inc., houses federal prisoners as well as inmates from other states.
Case Law Update – Arbitrator’s Decision Mitigating Termination To “Time Served”
Was Inherently Arbitrary, Federal Circuit Rules
November 11, 2008
An arbitrator's decision mitigating an employee's termination to a "time served" suspension was
arbitrary and capricious, the Federal Circuit ruled recently.
In this case, the employee worked for the Social Security Administration (SSA) as an information
technology specialist. On March 15, 2006, in an isolated outburst, the employee damaged a computer and other office equipment.
As a result, he was placed on administrative leave and later terminated.
The employee challenged the termination through his union, and requested reinstatement, back pay, leave, and benefits.
The union invoked the arbitration clause of its collective
bargaining agreement, and the case was heard by an arbitrator on April 10, 2007. During arbitration, the employee conceded
that his conduct was improper and that it warranted a "substantial suspension," but argued that termination was too severe
a penalty.
On July 5, 2007, the arbitrator issued a decision applying the "Douglas factors," and concluded that a substantial suspension
is the maximum reasonable penalty for the employee's misconduct and for the efficiency of the service. Accordingly, the arbitrator
ordered that the employee be reinstated without back pay, which prompted the employee to petition for review of the arbitrator's
decision.
The Federal Circuit began its opinion by explaining that while the arbitrator did not expressly describe his decision
as a imposing a "time served" suspension, that is precisely what it did. By mitigating the employee's termination to reinstatement
without back pay, the arbitrator effectively converted the employee's penalty to a suspension without pay for 342 days - from
July 28, 2006 (the termination date) to July 5, 2007 (the date of the arbitrator's decision). The employee argued that a "time
served" suspension is inherently arbitrary and capricious because it is based solely on the length of time that elapses between
the date of the termination and the date of the arbitrator's decision.
In its decision, the appeals court essentially agreed with the employee. The Federal Circuit stated that the length of
a suspension ordered by an arbitrator who mitigates termination to suspension is inherently arbitrary when it is based solely
on the employee's "time served" awaiting the arbitrator's decision, because the punishment is determined by accident and not
by a process of logical deliberation and decision. The Federal Circuit stated that there are many factors that a reviewing
authority may and should take into account when determining the appropriate length of an employee's suspension, but it may
not set the length of a suspension based solely on the time that it takes the reviewing authority to reach a decision.
Accordingly, the Federal Circuit vacated the arbitrator's decision in part, and remanded it for consideration of the
appropriate length of the employee's suspension under Douglas. In all other respects, the arbitrator's decision was affirmed.
The case is Greenstreet v. Social Security Administration, U.S. Court of Appeals for the Federal Circuit, No. 2007-3312, September 24, 2008.
A Message from the President
By: Esther White
I want to start out this article by thanking all the Stewards, E-Board and members for their participation in the
First Annual Awards Banquet. It was very nice and we are considering possibly having another event there, just
for the comedy. We also had a very special appearance at the banquet. Congresswoman Gabrielle Giffords
showed up. She did not stay long but did introduce herself to everyone that attended. In case you don’t know
her office has been instrumental and always available for us. Her district representative Ron Barber has been in
contact with us and continues to be in contact with us. Mr. Barber mentioned at the banquet that he would be
glad to help anyone who needs assistance with social security and veterans issues. If you need his information I
can give it to you.
The next event we will have is the annual Christmas party on December 13, 2008. Dave enjoys making all the
arrangements and he will be again. Lisa Moretti will be helping also, she received the "Volunteer of the Year."
award as Susan Mastin received the, "Recruitment Award," and the "Unionist Award." Mark Barnard received
the, "Steward of the Year Award." We plan to continue these awards every year.
On November 5, 2008 we had a long meeting. Mr. Thomas Muther, attorney at law, attended and was very
informative on what he could help us with at the local level. The members voted to retain him and I’ve already
began utilizing his advice and services.
When you see our Vice President Paul Morelli you can congratulate him on the hazardous duty pay grievance he
pursued and followed through to arbitration. The union won this arbitration.
We also have an election coming up for President, Executive Vice President and Treasurer and whatever
happens I have enjoyed being your president. We have come a long way in the last two years and we have more
plans to go forward and continue representing the bargaining unit.
Recently I attempted to secure regular days, at the encouragement of a manager, for my official time, thinking
and believing it would be better for everyone, management and the union. I also asked for it two years ago.
This request was not approved and I will continue to ask for official time on a case by case basis. I have had no
problems with my official time, I just feel it would be simpler if we could have set days to make appointments,
to follow up on issues and the regular days would be utilized by all of us on the e-board. I have found that
resolving issues does take time, its not something you can straighten out without time. It’s much quicker to
write a grievance or an Unfair Labor Practice than it is to sit down and try to work out something.
If anyone has anything they need to discuss with myself or any other representative, let us know we can arrange
to be available whenever needed.
I mentioned before about the benefits that are available on the AFGE website. I wanted to expand because I
realized that the, "Working Advantage," does not show up until you click on the entertainment benefits link.
You can get weekly e-mails of the benefits available to union members. If someone has utilized these benefits I
would like to hear about it and we can write about it in an effort to inform staff of what is available.
I have also been given the opportunity to participate in policy negotiations in Washington, D.C., I will be sitting
in for our Western Regional Vice President Tim Debolt, this will be the week of November 17-21. I will let you
know how it goes.
Executive Vice-President’s Letter
By: Dave Clifford
Once again, Annual refresher training and the total leave year scheduling is upon us. Because every department
is unique and conduct their own scheduling, it is impossible for the E-Board to know without your feedback if
issues arise. We rely on our members to be our eyes and ears to report any perceived wrongs.
Annual refresher training (ART) will start on January 4, 2009, and conclude the last week of March. ART will
not be scheduled during holiday weeks, rodeo break, and local schools spring break. We have been told that last
years agreements are still in play which allows annual leave to be scheduled during ART on a limited basis (at
least one slot).
The annual Union Christmas party is scheduled for Saturday, December 13, 2008 and will be held at the FOP
lodge located at 3445 N. Dodge Blvd. Doors open at 6pm. It will be FREE to all dues paying members and their
immediate family and anyone else who joins at the door. A flyer will be put out shortly with more details.
Because of the growing popularity of this annual event and the expense involved, RSVP’s will be requested
prior to December 1st to help control food and drink costs. Please RSVP to:
dclifford@bop.gov.
Members who are unable to attend due to scheduled work will be treated to pizza and soda at each institution
the night of the party and will also be automatically entered into our door prize drawings.
Union elections are upon us once again and I encourage all who are interested to run for office. The last two
years have gone by fast for me and it has been an honor to represent you as an E-Board member. Our Union has
grown greatly in membership and in function and I would like to thank everyone who has contributed to our
success.
Chief Steward’s Voice
By: Mark Barnard
YOUR SICK LEAVE BENEFITS AND THE UNION
As the weather turns cooler, we are approaching the start of cold and flu season, so what better time to talk
about your sick leave benefits. Sick leave is a part of the benefits package that you receive along with your
salary, annual leave, health care benefits, etc. It is a benefit that you earn as a Bureau employee, not a privilege
granted to you by management.
As an employee, you have the responsibility to notify your supervisor that you are sick before the beginning of
your scheduled shift. However, during times of staff shortage, you may experience a situation in which your
supervisor discourages you from calling in sick. Please remember that you have the right to use those benefits
when you, or a family member are sick.
By no means does the union condone or encourage the abuse of sick leave by employees who are just looking
for an extra day off. However, it is incumbent upon management to consider your request for sick leave to be
legitimate, unless they have reason to believe otherwise. If you are out sick for more than three consecutive
days, your supervisor may request a medical slip to substantiate the leave. At this present time, there is
disagreement at the national level between management and the union over the issue of who pays the cost for
the visit to a medical facility if a doctor’s note is required by your supervisor for absences exceeding three days.
Please take the time to read and become familiar with Article 20 of the Master Agreement. This article outlines
your rights and responsibilities regarding the use of sick leave. If you receive notice from a manager or
supervisor that they want to counsel you about what they believe is an abuse of sick leave. Please contact a
union steward as soon as possible and let us assist you to ensure that your rights are protected. Remember we
stand together and there is unity in strength!!
Secretary/Chief Steward’s Corner
By: Susan Mastin
Hello Brothers and Sisters. The Local had its First Annual Union Awards Banquet on Wednesday, October 22,
2008, at Laffs Comedy Caffe. I was pleasantly surprised over the turn out. There were about one hundred that
attended and a good time was had by all. Awards were presented to those union members that have stepped up
and are involved as a union activist. Awards given were: Recruitment Award to Susan Mastin; Volunteer
Award to Lisa Moretti, Steward of the Year Award to Mark Barnard; Unionist of the Year to Susan Mastin; and
the Leadership Award went to Dave Clifford. Esther White was presented with the awards of Fastest Growing
Union in the West and Distinguished Leadership Award. These awards were given out at the CPL Convention
in Las Vegas. Several door prizes were also given out such as: Movie cards, Gas cards, Home Depot, Harber
Freight, Walmart, Barnes and Noble, Lowes, Blockbuster, Applebee’s, Target, Outback Steak House, Bath and
Body Works, Starbucks and Sportsman gift cards.
Congresswoman Gabrielle Giffords and her Director Ron Barber also attended the event. Mr. Barber was the
guest speaker and assured everyone that Congresswoman Giffords is committed to assisting staff at FCC Tucson
with staffing, and security issues we are having, especially in the wake of the additional staff stabbings and
deaths of Correctional Workers.
Questionnaires were passed out to get feedback from the membership regarding this event. Everyone responded
that they liked the idea of coming out to see brothers and sisters in a social setting at a good location. Some
suggestions for other types of events or functions were; Bowling night, Recruitment events - Pizza parties and
such, Hockey games, Gaslight Theatre, Movie night, Phoenix baseball/football games, and a Casino night.
These are all great ideas. If anyone has an idea for the good of the local, please let the Board know.
The Employees Club hosted another Monday Night Football event at Buffalo Wild Wings and was well
attended. Koodoo’s to the Employees Club. There was a Family Appreciation Day with professional photos for
staff and their families on October 18th and19th. The Employees Club didn’t stop there. They also sponsored a
Bake Sale on October 29th and are planning a Holiday Auction. Please, if you have for A reminder, dues are
$15.00, per year and fund raisers are being sponsored throughout the year. The Employees Club is for everyone,
so please come out and show your support.
With much sadness, I received news that on October 22, 2008, that Correctional Officer Mike Rutledge from
FCI Dublin was murdered outside his home when leaving for work. The Stockton Record carried the news. I
have attached the initial article: STOCKTON – The man killed this morning outside his north Stockton home
as he headed for work has been identified as a Federal Bureau of Corrections employee.
Mike Rutledge was leaving for work at Federal Correctional Institution in Dublin where he supervised an
inmate cooking crew when he was fatal injured outside his Montana Street home, police Officer Pete Smith, a
Stockton Police Department spokesman, said shortly after 11 a.m. today. Smith said Rutledge was in his mid-
thirties. Sally Swartz, a spokeswoman for the Dublin facility, said he had worked there the past eight years or so.
Smith had no other new details on Rutledge's death.
In the last issue of The Guardian, I printed the latest letter from the Director dated August 27, 2008. He stated
that the core of our management philosophy is the concepts of respect and communication. We communicate
with inmates regularly and directly and expect them to communicate with us, thereby addressing concerns and
avoiding problems.
This longstanding approach to inmate management has worked well, for most inmates. But we know there are
some who are confrontational, who resist and defy authority, who break rules, who antagonize other inmates and
who are violent to staff and other inmates.
We believe these inmates, though few in number, are largely responsible for the increases in inmate assaults, the
need for more frequent lockdowns, and the more serious nature of assaults on staff. Well, I hate to be barer of
bad news, but, this concept just "ain’t workin!" We communicate with inmates and they respond by stabbing
more Correctional Officers! Evidence of this: Coleman an Officer was stabbed 15 times. Thank God most
were superficial but he was hospitalized. Another officer at Big Sandy was stabbed 5 times on 10/22/08, and
also survived.
The agency has been opposed of providing stab resistant vests, and other personal protection. The agency has
lost their fight and have given staff the "option" of being fitted for vests. However, the Director has issued a
memorandum to AFGE with the mandatory rules and regulations of wearing the vests. My question to the
agency is this: "How many more staff have to be seriously injured or murdered before you wake up and see the
need to be FULLY STAFFED and personal protection no longer be an option!!"
Just so everyone is aware, the Council received the agency’s "Vest Implementation Plan." To sum up the plan;
The agency stated that if you receive a vest, all staff will be required to wear the vest while on duty and anytime
you are on the institution grounds where you can be called to respond to an emergency. This will include
Annual Refresher Training. Oh wait, it gets better.
For the first 10 days after issuance, employees will be given verbal warnings should they fail to wear their vest
to work. Should they fail to wear their vest, they will be provided the option of retrieving their vest on their
own time (LEAVE), or they will be provided a vest from the institution reserve for the day. After the initial 10
days, employees will be given a verbal warning for the first instance of not wearing their vest while on duty.
Any subsequent days where the employee does not wear the vest will be referred as misconduct to the Office of
Internal Affairs and the employee will be subject to discipline for not wearing their equipment.
An employee may turn in their vest at anytime, should they no longer desire to have the vest. Once the vest is
returned to the agency, the employee WILL NOT be provided a new vest at that location, should they request
one at a later date. Should an employee transfer to another institution after they have turned in their vest, they
will have ONE opportunity to request another vest at their new institution, however, this does not apply to
transfers within the complex.
Finally, should an employee lose their vest, they are to report it in writing to their direct supervisor as soon as
practicable, but no later then the next business day after they become aware of the missing vest.
A question that popped into my head was...if the vest are worn under our shirts, how will management know we
are wearing it??? Am I going to have to un-button my blouse or lift my sweater to prove I have my vest on?
Needless to say the Council was not very pleased with the implementation plan. The agency has taken things
one step further to punish staff. The stab resistant vest arrived at Atwater, however management there will not
pass them out to the staff blaming the "Union" because they filed a grievance against the agency for not entering
into negotiations for the vest.
I find it difficult to believe that grown men and women that are in leadership positions would pout and have
tantrums about staff safety, instead of supporting and embracing the idea of staff safety. My comment to
management is this: "I for one will play their silly games because I value my life even though they don’t." Also,
don’t be surprised if there aren’t managers standing in the lobby playing vest police.
There is also going to be sanctions for staff that are issued vests and forget to wear it. Initially you will be
charged leave to go home and get it for the first 10 days after issuing. Afterwards, disciplinary action will be
taken against staff for failure to wear protective equipment. This is the agencies way of punishing us for
pushing the envelope to ensure staff safety and making them spend money. I’m sure that the officer that was
stabbed 15 times at Coleman and another officer that was stabbed 5 times in Big Sandy would have been
thankful for the vests, prior to being violently assaulted!!
THINGS THAT MAKE YOU GO HUMMMMM
"Leadership is solving problems. The day staff stop bringing you their problems is the day you have stopped
leading them. They have either lost confidence that you can help or concluded you do not care. Either case is a
failure of leadership."
Stay Strong....Stay Safe.....Stay Union!!
DID YOU KNOW
This article was brought to my attention, so I thought I would share it with my brothers and sisters.
Justice Dept. Workers Visit Luxury Resorts
Federal Agency Hosts Conferences Costing Taxpayers Millions
By DAVID KERLEY
Oct. 29, 2008-
Should federal workers learn how to work with Congress while in Washington? While many think the answer
is yes, the Federal Bureau of Prisons seems to disagree. According to a new federal report, the Department of
Justice agency sent 15 employees to a Hilton village beach resort in Hawaii for a congressional seminar on how
to lobby the government effectively, on the taxpayer's tab, totaling $33,500. "When you're in Washington, it
would seem to me that you could have a seminar here on how to effectively lobby the federal government,
rather than shoot them four or five thousand miles away," said Sen. Tom Coburn, R-Okla., who spearheaded
the congressional report. The report, which was released early exclusively to ABC News, identifies thousands
of Department of Justice employees who have enjoyed food, drink and fancy resorts on the government's time
and the taxpayer's dollar.
Secretary/Chief Steward’s Corner - continued
By: Susan Mastin
According to the report's findings, the Justice Department sponsored a conference on gangs, nowhere near an
inner city, but at the exclusive Palm Springs La Quinta resort, famous for its golf courses and "death by
chocolate" body massages. The costs totaled more than $250,000. With the country in economic woes and the
government in the midst of managing a $700 billion rescue plan funded by taxpayer dollars to stabilize the
economy, Coburn says he found these trips extravagant. We are in a time in this country when we can't afford
excess, or double billing by workers who double dip," Coburn said. At a conference in Denver, 40 of nearly
100 Justice Department workers that were checked got reimbursed for meals, even though food was provided at
the conference. Coburn's report claims that, in 2006, a quarter of the Justice Department's workforce went to
conferences, which the senator describes as a "pattern of poor management." "We've found, over the last seven
years, $10 billion in pure waste," Coburn said. "We ought to be prudent with taxpayer money." Coburn also
acknowledged that it is Congress' responsibility to keep the federal agency in check.
"How does Congress let the Department of Justice mismanage $10 billion over the last six or seven years?"
Coburn asked of his colleagues' and his own negligence on the matter. The Justice Department calls some of
this report old information and told ABC News that conferences serve a legitimate purpose. "The Department
of Justice is committed to ensuring that policies and procedures regarding conferences are clear and consistent
and that spending is appropriate," they said in a statement to ABC News. "The Department has taken significant
measures to ensure we have adequate oversight and control in this area." Coburn questioned whether it was
appropriate for the Justice Department to charge for some of its services. The FBI advises Hollywood executives
on movies that depict federal agents, such as "The Kingdom," which made $50 million. "If they're going to be
advisory to the entertainment industry and they're going to use their technical expertise to do that, the
entertainment industry, the last time I looked, was making a lot of money," Coburn said. "Maybe they ought to
pay for it."
Managements in the Federal Bureau of Prisons want all the comforts and none of the responsibilities for the
mismanagement of this agency. Do more with less is a philosophy aimed only at the Bargaining Unit
Employee. There is no accountability in for management gross behavior in this agency. Please read the article
below and remind yourselves that every day in the institutions you're being deprived any addition staff
coverage. I encourage each recipient of the electronic transmission to write your Congressperson and Senator
about Fraud, Waste and Abuse at your institution.
SERVICE RECOGNITION
Congratulations to: Alan Negley for his 15 years with the Bureau.
AFGE Local 3955 E-Board
E. White Complex President
Custody
D. Clifford Exec. Vice-President
Food Services Ext. 7239/7240
P. Morelli Vice PresidentLockshop Ext. 5040
S. Mastin Secretary/Chief Steward/LMR
Psychology Ext. 6415/7384
M. Barnard Chief Steward, FCI
Medical Records Ext. 7155
G. Reid Treasurer/Steward Custody
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Justice Dept. Workers Visit Luxury Resorts
Federal Agency Hosts Conferences Costing Taxpayers Millions
By DAVID KERLEY Oct. 29, 2008
Should federal workers learn how to work
with Congress while in Washington?
While many think the answer is yes, the
Federal Bureau of Prisons seems to disagree. According to a new federal report, the Department of Justice agency sent 15 employees
to a Hilton village beach resort in Hawaii for a congressional seminar on how to lobby the government effectively, on the
taxpayer's tab, totaling $33,500.
"When you're in Washington, it would
seem to me that you could have a seminar here on how to effectively lobby the federal government, rather than shoot them four
or five thousand miles away," said Sen. Tom Coburn, R-Okla., who spearheaded the congressional report.
The report, which was released early
exclusively to ABC News, identifies thousands of Department of Justice employees who have enjoyed food, drink and fancy resorts
on the government's time and the taxpayer's dollar.
According to the report's findings, the
Justice Department sponsored a conference on gangs, nowhere near an inner city, but at the exclusive Palm Springs La Quinta
resort, famous for its golf courses and "death by chocolate" body massages. The costs totaled more than $250,000.
With the country in economic woes and
the government in the midst of managing a $700 billion rescue plan funded by taxpayer dollars to stabilize the economy, Coburn
says he found these trips extravagant.
"We are in a time in this country when
we can't afford excess, or double billing by workers who double dip," Coburn said.
At a conference in Denver, 40 of nearly
100 Justice Department workers that were checked got reimbursed for meals, even though food was provided at the conference.
Coburn's report claims that, in 2006,
a quarter of the Justice Department's workforce went to conferences, which the senator describes as a "pattern of poor management."
"We've found, over the last seven years,
$10 billion in pure waste," Coburn said. "We ought to be prudent with taxpayer money."
Coburn also acknowledged that it is Congress'
responsibility to keep the federal agency in check.
How does Congress let the Department
of Justice mismanage $10 billion over the last six or seven years?" Coburn asked of his colleagues' and his own negligence
on the matter.
The Justice Department calls some of
this report old information and told ABC News that conferences serve a legitimate purpose.
"The Department of Justice is committed
to ensuring that policies and procedures regarding conferences are clear and consistent and that spending is appropriate,"
they said in a statement to ABC News. "The Department has taken significant measures to ensure we have adequate oversight
and control in this area."
Forum questioned whether it was appropriate
for the Justice Department to charge for some of its services. The FBI advises Hollywood executives on movies that depict
federal agents, such as "The Kingdom," which made $50 million.
"If they're going to be advisory to the
entertainment industry and they're going to use their technical expertise to do that, the entertainment industry, the last
time I looked, was making a lot of money," Coburn said. "Maybe they ought to pay for it."
DOESN’T LOOK LIKE OBAMA SHARES BUSH’S PENCHANT FOR PRIVATIZATION
Wednesday - November 19, 2008
Remember when President-elect Barack Obama pledged he’d go through the federal budget line by line with a scalpel?
It implies that rather than making wholesale spending cuts, he’ll consider which agencies can get by on less and which
need to maintain, or even increase, spending levels. In letters sent to employees at seven agencies during his campaign, Obama
promises to restore some of the funding taken from various agencies by the Bush administration, monies largely redirected
to the war in Iraq. John Gage, president of the 600,000-member American Federation of Government Employees, asked Obama to
write the letters, which were distributed through the union, reports the Washington Post. An Obama spokesperson says the letters
were meant to convey to federal employees Obama’s positions on their respective agencies. In several instances, Obama
mentions "inadequate funding" provided to agencies during Bush’s tenure. Obama admits in the letters that additional
funding will be hard to come by during the current economic crisis. Yet Jeff Ruch, executive director of Public Employees
for Environmental Responsibility, believes that deferring even part of spending on Iraq to federal agencies would make a huge
difference. Says Ruch: These domestic discretionary programs are peanuts in the grand scale of things. A small diversion from
the Iraq conflict, if they were put into Interior, EPA or NASA, those agencies would be in their salad days. The National
Park Service is laboring under a [maintenance] backlog that would be cured by a month and a half of Iraq expenditures. And
there are other opportunities for savings, according to the National Taxpayers Union. Congress last year declined to consider
a 25 percent cut for 220 federal programs the government rated as ineffective, which would have resulted in annual savings
of $17 billion. Obama did not vote on the measure while he was a senator, the article notes. Obama also targeted the Bush
administration’s penchant for privatization. Federal outsourcing contracts have increased on Bush’s watch, from
$207 billion in 2000 to some $400 billion in 2006. One result of this push toward privatization has been a movement of federal
workers from government agencies to private companies where they earn more as contractors. For instance, Abraxas, a company
run by a former CIA case officer, has hired more than 100 former government intelligence employees over the last six years
— many of whom were put to work as contractors on government accounts. In a letter to Department of Housing and Urban
Development employees, Obama wrote: We plan specifically to look at work that is being contracted out to ensure that it is
fiscally responsible and effective. It is dishonest to claim real savings by reducing the number of HUD employees overseeing
a program but increase the real cost of the program by transferring oversight to contracts. I pledge to reverse this poor
management practice.
Obama
Wrote Federal Staffers About His Goals
Workers at Seven Agencies
Got Detailed Letters Before Election
In wooing federal employee votes on the eve of the election, Barack
Obama wrote a series of letters to workers that offer detailed descriptions of how he intends to add muscle
to specific government programs, give new power to bureaucrats and roll back some Bush administration policies.
The letters,
sent to employees at seven agencies, describe Obama's intention to scale back on contracts to private firms doing government work, to remove
censorship from scientific research, and to champion tougher industry regulation to protect workers and the environment. He
made it clear that the Department
of Housing and Urban Development would have an enhanced role in restoring public confidence in the housing market, shaken because of the
ongoing mortgage crisis.
Using more specifics than
he did on the campaign trail, Obama said he would add staff to erase the backlog of Social Security disability claims. He
said he would help Transportation
Security Administration officers obtain the same bargaining rights and workplace protections as other federal workers. He even
expressed a desire to protect the Environmental
Protection Agency's library system, which the Bush administration tried to eliminate.
"I asked him to put it in
writing, something I could use with my members, and he didn't flinch," said John Gage, president of the 600,000-member American
Federation of Government Employees, who requested that Obama write the letters, which were distributed through the union. "The fact that
he's willing to put his name to it is a good sign."
The letters, all but one written
Oct. 20, reveal a candidate adeptly tailoring his message to a federal audience and tapping into many workers' dismay at funding
cuts and workforce downsizing in the Bush years. Many of Obama's promises would require additional funding, something he acknowledged
would be difficult to achieve under the current economic conditions.
Obama spokeswoman Stephanie
Cutter said the letters were intended to communicate to federal workers his position on their agencies.
In a letter to Labor Department
employees, Obama wrote: "I believe that it's time we stopped talking about family values and start pursuing policies that
truly value families, such as paid family leave, flexible work schedules, and telework, with the federal government leading
by example."
Obama wrote to employees in
the departments of Labor, Defense, Housing and Urban Development, and Veterans Affairs, along with the TSA, the EPA and the
Social
Security Administration. Defense was the only area in which he did not make promises requiring additional spending, the letters
show.
Some worry that Obama may
have overpromised, with program changes and worker benefits that would be impossible to achieve. "That strikes me as smart
politics," said Jeff Ruch, executive director of Public Employees for Environmental Responsibility. "We'll soon find out if
he can deliver when he has to deliver his first budget."
Obama repeatedly echoed in
his correspondence the longstanding lament of federal workers -- that the Bush administration starved their agencies of staff
and money to the point where they could not do their jobs.
In his letter to Labor Department
employees, Obama said Bush appointees had thwarted the agency's mission of keeping workers safe, especially in mines. "Our
mine safety program will have the staffing . . . needed to get the job done," he wrote.
Obama lamented to EPA staffers
that Americans' health and the planet have been "jeopardized outright" because of "inadequate funding" and "the failed leadership
of the past eight years, despite the strong and ongoing commitment of the career individuals throughout this agency."
In his letter to Defense
Department workers, Obama said he would examine flaws in pay and evaluation systems, but offered no high-cost initiatives.
Ruch said
that if Obama cuts Pentagon spending, he will not have to work hard to help the other six agencies.
"These domestic discretionary
programs are peanuts in the grand scale of things," Ruch said. "A small diversion from the Iraq conflict, if they were put
into Interior, EPA or NASA, those agencies would be in their salad days. The National
Park Service is laboring under a [maintenance] backlog that would be cured by a month and a half of Iraq expenditures."
While pledging money to some
agencies, Obama also acknowledged that some cuts may be unavoidable.
"Because of the fiscal mess
left behind by the current Administration, we will need to look carefully at all departments and programs," he wrote to HUD
workers.
Gage said Obama would cut
deeply into agencies he finds lacking, and the National Taxpayers Union says there is plenty of opportunity for savings. Congress
last year refused to consider a 25 percent cut for 220 federal programs the government rated as ineffective, passing up a
savings of $17 billion a year. Obama did not vote on the measure while he was a senator from Illinois.
His letter to HUD employees
suggests a resurgence of the huge housing agency. Obama insisted that "HUD must be part of the solution" to the housing crisis
and to keeping an estimated 5.4 million more families from losing homes in foreclosure. Several HUD employees cheered Obama's
letter, saying they hoped one particular line foreshadowed the end of political appointees who didn't care or know much about
the agency's work.
"I am committed to appointing
a Secretary, Deputy and Assistant Secretaries who are committed to HUD's mission and capable of executing it," Obama wrote.
Obama also took aim at the
Bush administration's focus on privatization, with contractors hired to perform government jobs -- often at princely sums.
He complained that a $1.2 billion contract to provide TSA with human resources support unfairly blocked federal employees
from competing to do that work.
"We plan specifically to look
at work that is being contracted out to ensure that it is fiscally responsible and effective," he told HUD workers. "It is
dishonest to claim real savings by reducing the number of HUD employees overseeing a program but increase the real cost of
the program by transferring oversight to contracts. I pledge to reverse this poor management practice."
Gage said he is not expecting
every civil servant's wish to be granted but he is hopeful.
"I think Obama's going to
be fair, he's going to take seriously the missions of these agencies, and he's going to respect federal employees," Gage said.
"After the last eight years, that's good enough for me."
Larger Inmate Population Is Boon to Private Prisons
By STEPHANIE CHEN
Prison companies are preparing for a wave of new business as the economic downturn makes it increasingly difficult for
federal and state government officials to build and operate their own jails.
The Federal Bureau
of Prisons and several state governments have sent thousands of inmates in recent months to prisons and detention centers run by Corrections Corp. of America, Geo Group Inc. and other private operators, as a crackdown on illegal immigration, a lengthening of mandatory
sentences for certain crimes and other factors have overcrowded many government facilities.
Prison-policy experts expect inmate populations in 10 states to have increased by 25% or more between 2006 and 2011,
according to a report by the nonprofit Pew Charitable Trusts.
Private prisons housed 7.4% of the country's 1.59 million incarcerated adults in federal and state
prisons as of the middle of 2007, up from 1.57 million in 2006, according to the Bureau of Justice Statistics, a crime-data-gatherin g arm of
the U.S. Department of Justice.
Corrections Corp., the largest private-prison operator in the U.S., with 64 facilities, has built two prisons this year
and expanded nine facilities, and it plans to finish two more in 2009. The Nashville, Tenn., company put 1,680 new prison
beds into service in its third quarter, helping boost net income 14% to $37.9 million. "There is going to be a larger opportunity
for us in the future," said Damon Hininger, Corrections Corp.'s president and chief operations officer, in a recent interview.
California has shipped more than 5,100 inmates to private prisons run
by Corrections Corp. in Arizona, Mississippi and other states since late
2006, when Gov. Arnold Schwarzenegger ordered emergency measures to control a ballooning state-prison population. Prisons
were so overcrowded that hundreds of inmates were sleeping in gyms, according to one report. An additional 2,900 prisoners
are scheduled to be transferred to private prisons outside the state by the end of next year, according to the California Department of Corrections and Rehabilitation.
"Private prisons are a short-term solution while we work on long-term solutions, rehabilitation programs and recidivism
strategies," said Terry Thornton, spokeswoman for the state's corrections department.
Prison overcrowding,
partially due to a crackdown on illegal immigration and longer mandatory sentences for certain crimes, could spur state and
federal officials to increase the use of private prisons like this one in Otay
Mesa, Calif.
Geo Group, of Boca Raton, Fla., the second-largest prison company, has built or expanded eight facilities this year in
Georgia, Texas, Mississippi and other states, and it plans seven more expansions or new prisons by 2010. Last month, Geo Group
was awarded a contract by Florida's Department of Management Services to
design and build a 2,000-bed special-needs prison in that state. Cornell Cos., the nation's third-largest prison company, recently broke ground on a 1,250-bed private
prison for men in Hudson, Colo.
The Federal Bureau of Prisons, the government agency that operates all federal
prisons and manages the handling of inmates convicted of federal crimes,
has awarded 13 contracts since 1997 to prison companies to build prisons and detention centers that house low-security inmates,
primarily "low security criminal aliens," says Felicia Ponce, a spokeswoman for the agency. The contracts give the bureau
"flexibility to manage a rapidly growing inmate population and to help control overcrowding, " Ms. Ponce says.
Outsourcing incarceration to prison companies can reduce a government's cost of housing those prisoners by as much as
15%, according to a study by the Reason Foundation, a research organization
in Los Angeles. Private operators say they can build prisons more quickly and operate them less expensively than governments
because their payroll costs are lower and they can consolidate prisoners from many far-flung jurisdictions into facilities
located in areas where land and building costs are very low.
Some groups accuse the private prisons of neglecting inmates or of putting them in bad conditions. "Profit is still a
motive and it's structured into the way these prisons are operated," says Judy Greene, a justice-policy analyst for Justice
Strategies, a nonprofit studying prison-sentencing issues and problems. "Just because the system has expanded doesn't mean
there is evidence that conditions have improved."
The American Civil Liberties Union has filed lawsuits involving several
prison companies over the past decade alleging poor treatment of inmates. Last year, the organization and other parties filed
a lawsuit against Corrections Corp. and the Department of Homeland Security's
Immigration and Customs Enforcement arm in federal court in San Diego, alleging
that the company was operating an overcrowded, unsafe immigrant-detention center in that city. Detainees were routinely assigned
in groups of three to sleep in two-room cells -- meaning one had to sleep on the floor near the toilet -- or to temporary
beds in recreation rooms and other common spaces, according to the complaint. The suit also alleged that detainees had little
access to mental-health care.
"We have serious concerns about for-profit prison companies because they are notorious for cutting essential costs that
need to be provided to maintain a safe and constitutional environment for prisoners," says Jody Kent, a public-policy coordinator
for the ACLU's National Prison Project.
The lawsuit was settled in June, with Corrections Corp. and Homeland Security
agreeing to limit immigrant detainees to the number of inmates the facility was designed for. Louise Grant, a Corrections
Corp. spokeswoman, says the company's prison practices complied with federal standards and that it regularly discloses capacity
levels and other information in federal filings.
"Our government partners monitor us daily," Ms. Grant says. "There is no cutting corners."
.
Cheney, Gonzales Indicted in Texas Prisoner Abuse Case
Christopher Sherman The Associated Press
A South Texas grand jury has indicted Vice President Dick Cheney
and former Attorney General Alberto Gonzales on state charges related to the alleged abuse of prisoners in
Willacy County's federal detention centers.
The indictment, which had not yet been signed by the presiding judge, was one of seven released Tuesday
in a county that has been a source of bizarre legal and political battles in recent years. Another of the indictments named
a state senator on charges of profiting from his position.
Willacy County District Attorney Juan Angel Guerra himself
had been under indictment for more than a year and half before a judge dismissed the indictments last month. This flurry of
charges came in the twilight of Guerra's tenure, which ends this year after nearly two decades in office. He lost convincingly
in a Democratic primary in March.
Cheney's indictment on a charge of engaging in an organized criminal activity criticizes the vice president's
investment in the Vanguard Group, which holds interests in the private prison companies running
the federal detention centers. It accuses Cheney of a conflict
of interest and "at least misdemeanor assaults" on detainees because of his link to the prison companies.
Megan Mitchell, a spokeswoman for Cheney, declined to comment on Tuesday, saying that the vice president
had not yet received a copy of the indictment.
The indictment accuses Gonzales of using his position while in office to stop an investigation in 2006 into
abuses at one of the privately run prisons.
Gonzalez's attorney, George Terwilliger III, said in a written statement, "This is obviously a bogus charge
on its face, as any good prosecutor can recognize. Hopefully, competent Texas authorities will take steps to reign in this
abuse of the criminal justice system."
Willacy
County has become a prison hub with county, state and federal lockups. Guerra has gone after the prison-politician
nexus before, extracting guilty pleas from three former Willacy and Webb county
commissioners after investigating bribery related to federal prison
contacts.
Another indictment released Tuesday accuses state Sen. Eddie Lucio Jr. of profiting from his public office
by accepting honoraria from prison management companies. Guerra announced his intention to investigate Lucio's prison consulting
early last year.
Lucio's attorney, Michael Cowen, released a scathing statement accusing Guerra of settling political scores
in his final weeks in office.
"Senator Lucio is completely innocent and has done nothing wrong," Cowen said, adding that he would file
a motion to quash the indictment this week.
Last month, a Willacy County grand jury indicted The GEO
Group, a Florida private prison company, on a murder charge in the death of a prisoner days before his release. The three-count
indictment alleged The GEO Group allowed other inmates to beat Gregorio de la Rosa Jr. to death with padlocks stuffed into
socks. The death happened in 2001 at the Raymondville facility, just four days before de la Rosa's scheduled release.
In 2006, a jury ordered the company to pay de la Rosa's family $47.5 million in a civil judgment. The Cheney-Gonzalez
indictment makes reference to the de la Rosa case.
None of the indictments released Tuesday had been signed by Presiding Judge Manuel Banales of the Fifth
Administrative Judicial Region.
A second batch of indictments targeted public officials connected to Guerra's own legal battles.
Willacy County Clerk Gilbert Lozano, District Judges Janet Leal and Migdalia
Lopez, and special prosecutors Mervyn Mosbacker Jr. -- a former U.S. Attorney -- and Gustavo Garza -- a longtime political
opponent of Guerra -- were all indicted on charges of official abuse of official capacity and official oppression.
Garza, the only one who could be immediately reached Tuesday, called it a sad state of affairs.
"I feel sorry for all of the good people this unprofessional prosecutor has maligned," Garza said. "I'm
not at all concerned about the accusations he has trumped up."
Banales dismissed indictments against Guerra last month that charged him with extorting money from a bail
bond company and using his office for personal business. An appeals court had earlier ruled that Garza was improperly appointed
as special prosecutor
to investigate Guerra.
After Guerra's office was raided as part of the investigation early last year, he camped outside the courthouse
in a borrowed camper with a horse, three goats and a rooster. He threatened to dismiss hundreds of cases because he believed
local law enforcement had aided the investigation against him.
On Tuesday, Guerra said the indictments speak for themselves. He said the prison-related charges are a national
issue and experts from across the country testified to the grand jury. Asked about the indictments against local players in the justice system
who had pursued him, Guerra said, "the grand jury is the one that made those decisions, not me."
The indictments were first reported by KRGV-TV.
TRANSITION OBSERVERS ANTICIPATE A BOTTOM-UP APPROACH TO AGENCY REVIEWS
Tuesday - November 18, 2008
GOVEXEC.COM AUTHOR: Robert Brodsky
Federal employees could see some familiar faces walking the halls of their agencies soon. On Friday, the transition
team for President-elect Barack Obama released a more extensive list of agency review team leaders to conduct detailed examinations
of government agencies, departments, commissions and the White House. The teams include many well-known and experienced government
hands. Elaine Kaplan, former head of the Office of Special Counsel, was selected to examine the policies, budget and personnel
decisions at her previous employer. Ditto for Amy Comstock Rick, former director of the U.S. Office of Government Ethics from
1999 through 2003. Jane Garvey, who served as administrator of the Federal Aviation Administration during the Clinton administration,
will review operations at the Transportation Department, FAA's parent agency. The experience of team leaders inside their
particular agencies could be an asset that allows them to hit the ground running, said Mark Roth, general counsel for the
American Federation of Government Employees. In previous transitions, some review teams approached their tasks as management
audits, conducting top-down examinations and learning virtually from scratch about agency operations, Roth said. But many
of the Obama team leads need no such refresher course. Rather than spending their time huddled up with current agency directors,
Roth expects review teams to spend their time directly engaging with front-line employees and addressing their key concerns.
"The [team leads] have a unique front-line perspective and will be able to provide a 360-degree view of everything," he said.
"They know what to look for." The review teams began their work on Monday, and are expected to provide detailed reports to
the Obama transition team prior to the Jan. 20 inauguration. In addition to many government veterans, the teams have a healthy
mix of private sector business leaders, former congressional aides and scholars at Washington think tanks - most notably the
Center for American Progress. The organization is led by John Podesta, the head of Obama's transition team. "[It] does seem
to be a good mix," said John Burke, a professor at the University of Vermont who has gained expertise in 20th-century presidential
transitions. "Often these people aren't well known. ... Also, remember, these are not the policy people, but the teams responsible
for taking a look at individual agencies and departments. Policy teams generally have more heavyweights." For some team members,
the reviews will be a blast from the not-so-distant past. For example, Kaplan ended her five-year term at OSC in 2003 and
maintains close relations with employees at the 110-person agency. Kaplan, like others reached by Government Executive, declined
to discuss her new role -- the transition team has instructed review team members not to talk to the press -- but those familiar
with the agency said she is uniquely qualified to review OSC. "Some people thought she was laid back and others thought she
was real tough," said Jim Mitchell, who, until recently, served as the agency's chief of staff. "It was hard to get a real
consensus. But everyone had a lot of respect for her." At the General Services Administration, some veteran agency staffers
might remember Martha Johnson, who served as chief of staff to then-Administrator David Barram in 1996. Johnson, now a vice
president at Computer Sciences Corp., a large government contractor, will conduct a review of GSA along with Jane Woodfin,
a longtime aide to Vice President-elect Joe Biden. The review of the Office of Management and Budget, meanwhile, will be conducted
by Barbara Chow, current director of the Hewlett Foundation's Education Program. Chow previously served at OMB as associate
director for education, income maintenance, and labor, as well as deputy director of the Domestic Policy Council. Others selected
by the Obama transition team might be less familiar to agency employees. Stephen Crawford, deputy director of the Metropolitan
Policy Program at the Brookings Institution and former division director of the National Governors Association, will lead
a review of the U.S. Postal Service and the Postal Regulatory Commission. Neither of the officials selected to review operations
at the Office of Personnel Management have worked for the agency. Linh Nguyen is president and founder of Morningside Consulting,
a small firm that advises Fortune 100 companies and a host of federal agencies. Sylvia Bolivar is a top adviser for UNITE
HERE, a labor union. She previously served in the White House Office of Presidential Personnel. Sally Katzen, who served as
administrator of OMB's Office of Information and Regulatory Affairs and as deputy director for management during the Clinton
administration, will lead the government operations and Executive Office of the President review teams. It remains unclear
whether the team leaders will be considered for top agency jobs. "I have never seen a study tracking the people at this level
of the transition with jobs in the new administration," Burke said. "Some might find their way into the administration, but
the Cabinet secretary designate and the transition personnel operation are the key agents here." The work of the agency review
groups has been mixed over time. The late Richard Darman, OMB director under President George H.W. Bush, was quoted in Burke's
2000 book Presidential Transitions: From Politics to Practice as saying the teams were a "colossal waste of time."
OBAMA SIGNALS TOUGHER REGULATIONS AT FEDERAL AGENCIES
Wednesday - November 19, 2008
WSJ.COM AUTHOR: ELIZABETH WILLIAMSON, MELANIE TROTTMAN and STEPHEN POWER WASHINGTON --
President-elect Barack Obama is signaling by a combination of words and deeds that his administration will toughen regulations
at federal agencies that oversee consumer products, environmental policy and workplace safety. Mr. Obama has named a number
of people to his transition teams for regulatory agencies who favor a firmer government hand in overseeing industry behavior.
In addition, Mr. Obama has indicated in a series of pre-election letters to a big federal employee union that he intends to
take a more pro-union approach on labor questions than his predecessor, and give agencies such as the Environmental Protection
Agency more money. "I think the agenda is going to be bold," said Rep. Jan Schakowsky of Illinois, who co-chaired Mr. Obama's
national presidential campaign and is on the short list to take his Senate seat. The transition team is looking at a number
of "activists and advocates" to lead key agencies, including the Consumer Product Safety Commission, the EPA and the Department
of Labor, she said. Rep. Schakowsky noted that addressing the worsening economy would take precedence over regulatory overhauls.
Business groups in Washington have warned Mr. Obama that imposing increased regulatory burdens on already suffering industries
could exacerbate the economic slump. Still, Mr. Obama has put himself on record in favor of a more robust government approach
to a variety of regulatory issues in a series of letters to members of the American Federation of Government Employees in
the weeks prior to the election. The AFGE has placed six people on the transition team, and is recommending overhauls of the
EPA and Department of Labor, among other agencies, said AFGE President John Gage. "We've been in contact with the transition
team...on specific agencies, whenever we request it. They'll be open to some ideas we have, and I hope we would receive a
little notice before a particular assistant secretary or so is put in," Mr. Gage said. He would not disclose the names of
the transition-team members recommended by the union. Mr. Gage did mention Linda Chavez-Thompson, a former executive vice
president of the AFL-CIO, who is on the transition team. She has been discussed as a possible secretary of Labor. Obama policy
director Karen Kornbluh and spokesman Tommy Vietor declined to answer questions about the administration's regulatory plans
on Tuesday. Rep. Schakowsky said EPA regulation of carbon dioxide and other greenhouse gases as pollutants under the Clean
Air Act was a strong possibility in the Obama Administration. The new administration will bring "much more emphasis on renewable
energy and less emphasis on [effective] subsidies for Big Oil," she said. Many business groups, including the U.S. Chamber
of Commerce, oppose EPA regulation of CO2. "They're [EPA officials] willing to regulate everything from the industrial sector
to warehouses, offices, schools and churches," says William Kovacs, vice president of the Chamber of Commerce. One potential
candidate to head the EPA is California Air Resources Board Chairman Mary Nichols, who led her state's effort to implement
a state law calling for a 30% cut in greenhouse-gas emissions from new cars by 2016. Last December, the EPA's current administrator,
Stephen Johnson, denied California permission to go ahead with its greenhouse-gas rules. His decision was opposed by many
EPA career staffers. California is now suing the EPA in federal court in Washington, D.C., to overturn that decision. Ms.
Nichols has frequently sparred with the nation's auto makers, who oppose state-level regulation of such emissions as tantamount
to letting states regulate fuel economy, traditionally a federal responsibility. She confirmed in an interview that she has
had discussions with the Obama transition team, but declined to list her priorities should she be appointed, beyond "restoring
confidence [in] EPA science and that EPA is a science-based agency." Workplace-safety regulations and employee family-leave
policies will be up for an overhaul, Mr. Obama and his advisers have suggested. In the letters to AFGE union employees at
federal agencies, Mr. Obama promises a series of regulatory specifics. "In my Department of Labor, the Administrator of Mine
Safety and Health will be an advocate for miners' safety and health, not for the mining companies' bottom lines," Mr. Obama
wrote to agency employees. "We've seen a more mature and prudent view of how important coal is to the economy, and what the
consequences would be if the industry is seriously damaged," said Luke Popovich, spokesman for the National Mining Association.
"How the safety issue will play out is anyone's guess right now." At the Consumer Product Safety Commission, the new administration
has said it favors doubling of the agency's budget, a streamlining of the nation's product-recall system that reduces companies'
say in the process, and higher fines for safety violations. Mr. Obama's home state of Illinois has the highest lead-poisoning
rate of any state. The Illinois congressional delegation -- from which several of his closest advisers are drawn -- pioneered
the toughest children's product lead standards in a generation. Mr. Obama backed such controls both in Illinois and at the
federal level. Pam Gilbert, a product-safety lawyer on the Obama transition team, is on the short list to chair the agency,
where she was executive director in the Clinton era. She favors working with industry on enforcement, while pressing for the
toughest possible standards. "By design, the Bush administration slashed positions, [so] there is a crying need to staff up
with experts. The agency isn't going to be able to accomplish its mission until that happens," Ms. Gilbert said in an interview
before joining the transition team.
OBAMA HAS A CHANCE TO REVERSE LONG EROSION OF THE FEDERAL SERVICE
Wednesday - November 19, 2008
WASHINGTONPOST.COM AUTHOR: Paul C. Light
As The Washington Post reported this week, President-elect Barack Obama wrote American Federation of Government Employees
in October promising that he would do everything in his power to rebuild the federal service. He also promised to protect
collective bargaining rights and to restore funding cuts that have eviscerated the federal government's ability to faithfully
execute the laws. The past eight years have been a horror to many federal employees. The Bush administration has rarely missed
an opportunity to criticize, cut and meddle, and it dismissed the notion that federal employees need more freedom to innovate
and learn. As former vice president Al Gore rightly argued, federal employees are not the problem in poor performance. It
is the bureaucracy in which they are trapped. The Bush administration, however, decided that the best way to reform government
was to outsource it. From 2001 to 2005, civilian employment remained at 1.8 million, more or less, while the estimated number
of contractor jobs surged from 4.4 million to 7.6 million. Contractors are now responsible for tasks that include writing
requests for proposals, monitoring contract performance and providing management analysis. Contractors are also front and
center in disbursing the $700 billion bailout, in no small measure because the Bush administration made no effort to strengthen
the government's core capacity to monitor the complicated instruments that caused the financial meltdown. The impact of the
criticism and outsourcing are unmistakable in survey after survey of federal employees. Morale is down, while complaints about
the lack of resources are up. Most federal employees rate their middle- and upper-level managers as mediocre at best and not
improving. The frustration cuts across every agency. The vast majority of federal employees want to make a difference for
their communities and country but report shortages in virtually every resource needed to succeed, not the least of which is
enough employees to enforce the laws. Obama has a chance to reverse the long erosion of the federal service. His campaign
letters are a start but must be expanded in three ways. First, Obama should speak directly to all 1.8 million federal employees
about the need for action. George W. Bush mostly ignored the federal service. He made dozens of speeches to uniformed officers
involved in the war on terrorism but never asked for sacrifice from federal employees as a whole. Interviewed in 2002, 65
percent of Defense Department civil servants said they felt a new sense of urgency after Sept. 11, 2001, while 35 percent
of their colleagues in the domestic departments agreed. Second, Obama should cut the number of political appointments at the
top of government. He has promised to cut middle managers but needs to remember that between a quarter and two-fifths of the
stultifying management layers in government are occupied by political appointees, including more than 2,000 that he will appoint
without Senate confirmation. There are plenty of career senior executives who could fill these positions. Doing so would signal
that bloat is bloat, even at the top of government. Third, Obama should ask Congress for authority to hire at least 100,000
front-line servants for beleaguered agencies that no longer have enough staff to handle their responsibilities. The Food and
Drug Administration needs enough inspectors to intercept counterfeit drugs and tainted produce; the Social Security Administration
needs enough representatives to handle the surge in disability claims; the Internal Revenue Service needs enough agents to
collect more than $300 billion in delinquent taxes. And they are hardly alone. Name a front-line agency -- such as the Veterans
Benefits Administration -- and the shortages are palpable. They need new employees and fast. Obama could write his speech
by merely cribbing from George H.W. Bush, who met with senior executives immediately after his inauguration in 1989. The first
president Bush considered himself a product of the federal service, and he made every effort to engage the federal service
in his agenda. He took tough stands in favor of civil service reform but never framed his plans as an attack on the bureaucrats
in Washington, which is how his son talked about pay for performance. The sooner Obama calls on the federal service for commitment,
the sooner they will respond. At a minimum, he should tell his to-be-named director of presidential personnel to cut the number
of lower-level political appointees in half and should add the 100,000 front-line jobs to his stimulus package.
Union holds
demonstration over conditions at federal prison
11/14/2008
- INEZ — Members of Union Local #33 within the Federal Bureau of Prisons held an "informational picket" Thursday at
the intersection of Rt. 3 and Airport Road in Martin County, at the United States Penitentiary Big Sandy.
Union
members say they want to make the community aware that there are families of inmates moving into the communities and that
along with some of them, an influx of drugs.
"The
community needs to know that families of inmates are moving in by the gross and our drugs are going up," Billy Farthing said.
"We are finding drugs on the compound."
Council
President of Prison Local 33, Brian Lowry, said that he wanted to alert the community as well as officials that prison violence
has escalated 15-20 percent.
"We've
had more staff assaulted at this one location than any other U.S. prison," he said. "They have decreased staff to where there
is a ratio of 4.9 inmates to one staff member."
Lowry
also said that the USP in Hazelton, W.Va. was comparable to the USP Big Sandy.
"There,
they have 230 staff members, and here there are 190, so we are at about 80 percent," Lowry said. "The population is younger
than ever before and there is more gang related activity. The Bureau of Prisons has had 200 staff members injured this year
alone. We no longer have a proactive force, only reactive. We don't have the staff to do shakedowns any more."
Farthing
said union members came from as far away as California and Florida to be in Thursday's informational picket.
"These
guys bust their hump every day, and management doesn't see it," union member Aubrey Francis of Ashland said. "With the wardens,
there is a total disconnect because he sits in his office and doesn't get involved with the prison population. We are there
24/7 and he is there for 7 or 7.5 hours and then goes home. They are protected from it and they go out to the public and make
statements that lead people to believe that it's all hunky dory and that everything is fine when it isn't. These guys are
younger and more violent. They don't care."
Lowry
explained that inmates used to be more respectful and less violent but that now they are much more dangerous.
"The
guys who man the towers are authorized to shoot the prisoners if they try to escape or if there is a gang fight, but before
they use live ammunition, they are supposed to fire a round that is supposed to put the prisoners on the ground. A warning.
Nowadays, it doesn't do anything. The prisoners won't go to the ground like they are supposed to. They have had to shoot and
kill three inmates because of gang related activity."
The
USP Big Sandy will soon have a new warden. The new warden, although he is being transferred from a medium-security prison,
is qualified, according to union personnel.
"It
is a medium-security facility, but he is qualified," Lowry said.
BOP
Public Information Officer Phil Heffington recently confirmed that the current warden, Henry Rios, would be leaving to go
to USP Atwater, Calif.
Heffington
said the new warden for USP Big Sandy would be Jerry Zuercher and that he was being transferred to Inez from FCI Pekin in
Illinois.
The
informational picket was originally scheduled to take place in the parking lot at Big Sandy Superstore in Paintsville; however,
Farthing said that Paintsville Mayor Bob Porter at the last minute decided that the group needed to obtain a permit to hold
the gathering.
"They
knew four weeks out, and I had spoken to the judge (Tucker Daniel) who said that he didn't see why we would need a permit
since it was in a parking lot, but that it would be up to the mayor," he said. "Then we talked to the mayor and the people
at the Big Sandy Superstore. The people at the store said it wouldn't be a problem but that the owner of the property would
require that they not leave any trash laying around. I assured them that we would not cause a big scene and that there would
be no drinking or any bad behavior and that we would clean up before we left. The Mayor waited until the day before we were
supposed to meet to say we would need a permit, so we changed location to the area by the prison. We have people who have
driven all night long from Florida and people coming from California to be here that have spent thousands of dollars to be
able to be here. I don't know what makes the man think that we can just spend that money and do it another day. How do you
tell those people that you aren't doing it after they have spent all that money? You can't. I even called the KSP (Randy Woods)
last night and asked him whether we needed a permit and he said not as long as it was peaceful, there would be no problem.
The mayor was very unreasonable and said that the owner of Big Sandy Superstore parking lot also had a problem with it, but
I went back and asked them after he told me that, and they said that it wasn't a problem. Rather than inconvenience him like
that, we just moved the location to Rt. 3, just below the prison."
Porter
Thursday denied having previously spoken to prison local members about having an informational picket.
"If
I had a conversation with him four weeks ago, I don't remember it," Porter said. "I talked to him yesterday and he didn't
mention talking to me four weeks ago. You would have thought that he would if that were the case. We have an ordinance under
parades and it requires that a group give certain information and must obtain a permit at least five days in advance, but
no more than 60. So that is what I was doing by asking them to obtain a permit first."
More reports of violence point to ailing federal prison system
By Erin Rosa
Deadly assaults in federal penitentiaries are on the rise and they aren't
exclusive to Colorado. Following reports that an inmate was stabbed to death
in August at the U.S. Penitentiary in the southern city of Florence, there is news from another federal lockup that a guard
was assaulted and stabbed multiple times this month, lending credence to correctional workers' claims that the entire system
is an understaffed tinderbox.
The Bureau of Prisons, the agency overseeing the lockups, has confirmed that a correctional guard was stabbed
by an inmate multiple times in the head and lower back at the U.S. Penitentiary Big Sandy in Kentucky, sustaining injuries
that required medical attention. Workers at the facility claim that the guard was stabbed with a makeshift "shank"
weapon, but the bureau has not yet confirmed that detail.
Bureau officials state that the guard was released from hospital care on Oct. 21, the same day the assault
happened. The prison has been on lockdown status since the incident, which means that inmates are generally confined to their
cells and not allowed to visit with family members.
Bureau employees familiar with the situation, who commented on an anonymous basis, stated that the guard
was "stabbed five times with the weapon" and sustained "3-inch stab wounds
to the head area and three stab wounds to the lung and back area," by an "inmate refusing to be restrained, due to being intoxicated"
and that the "officer had blood streaming from the head wounds."
So far, the bureau has not confirmed the workers' claims.
The fact that the inmate was able to hide a weapon in the first place, coupled with the bellicose assault
on a staff member, are indications that understaffing has created a dangerous environment for both guards and inmates in the
federal prison.
In Colorado, at the high-security penitentiary in Florence, three inmates have died in less than four months. Two prisoners were
killed by guard gunfire when a massive 200-person riot broke out on the recreation yard of the prison in April after inmates
were again allegedly intoxicated on self-brewed alcohol. Another inmate was killed in August in what workers say was a stabbing by another inmate.
The prison has been on lockdown since the most recent killing.
Colorado Sen. Ken Salazar, a Democrat, sent a letter to
bureau head Harley Lappin in September demanding that the agency publicly
disclose the results of an investigation into the riot. However, the bureau has not yet
responded to the lawmaker.
It's not the first letter that has been sent to the bureau, either.
In February Rep. Alan Mollohan, D-W.Va., sent a brief
memo to Lappin, commenting on increasing violence against
correctional workers in the nation's prisons:
I am concerned about reports of increasing violence in the Federal Prison System, including recent assaults
and homicides at [U.S. Penitentiary]
Hazelton, [U.S. Penitentiary] Beaumont and [Federal Correctional Institution ] Allenwood.
Incidents such as these are particularly troubling given the funding limitations in the Bureau
of Prisons in fiscal year 2008, and the impact such constraints may have on the Bureau's ability to respond to violent
threats and attacks.
The violence reached a pinnacle in June when José Rivera, a 22-year-old correctional worker, was stabbed to death by an inmate at the
U.S. Penitentiary Atwater in California.
Inmate-on-inmate assaults are also on the rise. According to federal data and media reports, 12 inmates
in federal prisons
lost their lives due to inmate-on-inmate violence in 2007, and the number has already reached at least 11 in 2008.
Correctional workers have been blowing whistles for years over what they claim are dangerously low staffing
levels at government lockups. Employees claim that the low number of guards has made it increasingly difficult to spot contraband
like alcohol and weapons.
In March 2005, the bureau implemented a directive called "mission critical," that ordered all agency institutions
to come up with staffing rosters that listed the bare-minimum needed to run each prison safely. Workers contend that the bureau
isn't even fulfilling obligations for the bare-minimum and is vacating units for hours at a time.
Inmate assaults visitors at federal prison
By Erin Rosa
Two visitors were assaulted by an inmate at a federal prison in Florence on Sunday, adding to a dramatic surge in violent
attacks that have plagued the prison since April.
The Bureau of Prisons, the federal agency in charge of the high-security United States Penitentiary — a violent lockup
in southern Colorado that has recently seen
three inmates killed in less than four months — has confirmed that during a social visit on Sunday an inmate assaulted two of his visitors, sending them to
the hospital.
Here is a statement from the bureau:
On Sunday, an inmate became aggressive during a social visit at the USP and assaulted his visitors. Staff quickly
subdued the inmate. The inmate’s visitors were evaluated at a local hospital where they were treated and released. There
are no staff injuries reported at this time and an investigation into the incident continues.
While the prison has remained on lockdown status since an inmate killed another inmate in August, social visits were reinstated
on Nov. 1. Generally a lockdown restricts inmates from leaving their cells and visiting family members.
"It was some type of paper, folded or rolled real tight with a blade in the end of it," said one correctional officer knowledgeable
about the situation. The officer claimed that inmate had tried to stab his wife and mother-in-law. "He managed to cut his
wife's neck and then tried to cut up the mother a little bit."
The bureau has not confirmed such details but claims a investigation is pending.
"The inmates, they're younger and more aggressive," said the guard. "More violence-prone inmates, that's what we're seeing."
In April, two inmates were killed by guard gun fire after a massive 200-person riot broke out on the prison's recreation
yard. The yard is now
being segregated into smaller areas.
Federal prison to get new warden
by SHELDON COMPTON Staff Writer
DEBOARD– As union organizers at the United States Penitentiary Big Sandy plan protests
on the heels the attacks of two correctional officers in the past month, the federal prison has announced its own plans to
put in place a new warden.
The current warden, Henry Rios, will be leaving his post in Inez to assume duties as warden
of the United States Penitentiary Atwater in California, according to the Big Sandy prison's information officer Phil Heffington.
A
new warden has not yet been officially named, but Heffington has confirmed in reports that Jerry Zuercher, previously a warden
for a federal prison in Illinois, will be interviewed for the position.
The changes come just after an announcement
was made by Big Sandy's 612 Union Officer Billy Farthing, a five-year veteran of the Inez facility.
Farthing announced last week there would be a picket staged along the Route 3 entrance to the prison to inform
the public about some of the things he says are occurring at the prison.
The key events leading up to the protest and
informational effort were two attacks against correctional officers at the Big Sandy location Farthing said have taken place
in the last month.
On Oct. 23 Officer Bryan Adkins was stabbed five times by an inmate. Adkins is still recovering
from five stab wounds to his head, neck, lung and arm.
Farthing said the situation could have been avoided if administrators
would have pulled Adkins from the unit he had been assigned after the officer reported threats against him. Usual protocol
following such updates is to place the threatened officer in another unit for a period of time. Farthing said this was not
done in Adkins' case, and a gang member attacked as promised with a homemade, metal knife.
Though Adkins was the most
recent officer attacked, three weeks prior, fellow officer Oliver Crum suffered a broken jaw after an altercation with an
inmate.
Farthing could not be reached for comment on news of the administrative changes as of press time.
Bureau of Prisons renews lease on First Street NW
Washington Business Journal
by Melissa Castro Staff Reporter
The Department of Justice's Bureau of Prisons has renewed its lease at 500 First St. NW in the District.
Built in 1969 and last renovated in 1989, the 131,141-square- foot building is ripe for a makeover. The building will undergo
full renovations while the bureau's employees keep the agency humming on a day-to-day basis, said Darian LeBlanc, the Cassidy
and Pinkard Colliers government services group's senior vice president who negotiated the lease for the building owner.
The building is owned by a partnership between
Van Ness Property Group, which is
an affiliate of the, and Apollo Real Estate Advisors Value Enhancement Fund VII LP. The partnership bought
the building in June.
The new owners breathed a sigh of relief after the bureau signed the 10-year renewal in September, keeping 86 percent of
the building occupied by what many in the real estate market consider the world's best-credited tenant.
"We are extremely pleased that the Bureau of Prisons will be staying at 500 First St. and look forward to enhancing their
workplace environment, " said James Alexander, a Principal of Van Ness Property Group.
The
General Services Administration, which handles most federal leases, represented
the Bureau of Prisons in the lease. In recent years, GSA has sought help from the private market to ease some of its workload,
turning to four national real estate companies on a contract basis.
Jones Lang LaSalle's public institutions team, led by William Craig, represented
the GSA.
New attitude: Obama vows change, agency by agency
President-elect Barack Obama has vowed to reverse or sharply modify many of the Bush administration' s policies.
Based on his campaign promises, these are key areas where changes are expected.
JUSTICE
The Justice Department will re-examine all surveillance, interrogation and detainee policies to see if any should be overturned
or changed. Obama has said he wants to close the detention facility at U.S. Naval Base Guantanamo Bay, Cuba, meaning he must
decide whether terror suspects held there now should face military or civilian trials if they are moved to U.S. jails.
Obama advisers say he may review the department's newly approved guidelines that could let the FBI investigate Americans
in national security cases without evidence of a crime, based in part on their ethnicity or religion. He wants to create a
senior position — likely from the FBI or Homeland Security Department — to coordinate all domestic intelligence
gathering.
He has called for hiring 50,000 new police officers nationwide. The administration is likely to urge Congress to pass the
Matthew Shepard Act, which expands federal hate crime laws to include protections for people targeted because of their gender,
sexual orientation or disabilities — and then require vigorous Justice Department enforcement.
Obama says he wants to eliminate any disparity between sentencing guidelines for people convicted of crack cocaine crimes
and those for powder cocaine. Penalties for crack cocaine offenses are much harsher, and the vast majority of those convicted
are black.
_Lara Jakes Jordan
Pay and Benefits Watch
Sick
Leave Slowdown by Brittany R. Ballenstedt
Legislation that would have allowed federal employees hired since 1984 to cash out their
unused sick leave at retirement appears to have stalled this year in Congress. But those eligible for the benefit would be
wise to hoard that sick leave a little longer since the measure's supporters are gunning for success in 2009.
The House in July passed a measure that would have allowed workers covered by the Federal Employees Retirement System
(generally those hired in 1984 and after) to apply their leftover sick leave toward their retirement annuity. The measure
seeks to correct a disparity between FERS and the older Civil Service Retirement System,
under which employees receive credit for unused sick leave.
The sick leave provision, sponsored by Rep. James Moran, D-Va., was included
in a larger bill (H.R. 1108) called the Family Smoking Prevention and Tobacco Control Act. While the legislation received
overwhelming support in the House, a threat from Sen. Richard Burr, R-N.C.,
to block it and a veto threat from the White House -- unrelated to the sick leave provision -- helped stall the measure in
the Senate.
"We're going to push hard for it [in 2009]," Austin Durrer, a Moran spokesman, said
on Tuesday. "We should have a lot of opportunities to get it through the House again, and hopefully, with a robust majority
in the Senate, we'll get to see some action."
Durrer said Moran would pursue all opportunities to enact the sick leave legislation
through a stand-alone bill or language attached to an appropriations bill
or other legislation next year.
The question is what shape the sick leave benefit would take. The provision that passed
the House as part of the tobacco bill was more generous than the stand-alone bill Moran originally proposed. That measure
(H.R. 5573), introduced in March, would have granted FERS retirees a one-time payment of up to $10,000
for any sick leave balance of more than 500 hours. Many federal employees argued that the original benefit did not go far
enough.
The House-passed legislation, however, would have provided FERS employees retiring during
the first three years credit for 75 percent of their sick leave, while those retiring later would have been able to count
all their unused leave. The cost of this enhanced benefit -- estimated at $70 million for five years and $337 million for
10 years -- would have been offset by another provision of the tobacco bill that would have added a Roth 401(k) option for
participants in the Thrift
Savings Plan.
Jessica Klement, legislative director of the Federal Managers Association, said on Tuesday
that granting FERS employees credit for unused sick leave would be the top priority for FMA and the Government Managers Coalition
in the next Congress. "We'll have to figure out where we want to go ... but any sort of credit is better than none," she said.
Klement said it may be possible to grant FERS employees full credit for unused sick
leave in a stand-alone bill, but noted that first it would require a discussion with Moran's staff.
"We're really encouraged by the action of the 110th
Congress, but we believe we can go even further in the 111th," Klement said.
Know Your Limits
The Internal Revenue Service announced
on Oct. 16 that the contribution limit for all tax-exempt retirement plans
in 2009 will rise to $16,500. This includes contributions to the federal government's 401(k)-style Thrift Savings Plan. If
you will be 50 or older during 2009, you also can contribute up to $5,500 in additional catch-up contributions if your regular
contributions for the year reach the $16,500 ceiling.
Atwater prison holding back safety vests from correctional officers
By JONAH OWEN LAMB ATWATER -- After wide-spread outrage over the stabbing death of Correctional Officer
Jose Rivera at the U.S. Penitentiary Atwater in June, the prison purchased stab-resistant vests for its workers. But they
can't use them.
Citing a grievance over the quality of the new vests, filed by the union's national office, the Bureau
of Prisons has withheld the new vests, according to Donald Martin, vice president for Local 1242.
"It's the union's position that the officers should be issued the vests that have been purchased in the interim," said
Martin of the vests bought by the Bureau of Prisons.
The Bureau of Prisons did not respond to questions for this story.
The union filed a grievance against the prison for not consulting them before the vests were purchased and buying vests
without the wire mesh lining the correctional officers say they need.
Martin wrote in a letter on the issues that, "Basically they (the Bureau) want to use the withholding of these vests
as a bargaining chip in their negotiation with the union. That is unconscionable."
Martin, who works at the Atwater prison, was notified Sunday that the vests had arrived.
Before the grievance filing, said Martin, the officers had already been measured for the vests.
As of a week ago, Congressman Dennis Cardoza said he thought the vests
were going to be issued.
"I had heard complaining about vests, but I am not an expert in vests," said Cardoza. But he thought any issues had been
dealt with. "The last word that I got from the prison was that they were going to make vests available to guards."
Rivera was stabbed by two prisoners with a homemade shank in June.
The stabbing sparked national media attention, and a campaign began to force the Bureau of Prisons to buy better protection
equipment for its employees, said Andy Krotik, who is the spokesman for Friends
and Family of Correctional Officers, a local advocacy group.
Until the issue has been resolved, the prison's 285 staff members will continue to go with no protection against stabbing.
Private prison company indicted for Texas murder
The Associated Press
McALLEN, Texas -- A private prison company
based in Florida has been indicted in the death of a Texas prisoner just
days before his release.
The indictment released Thursday alleges The GEO Group let other inmates fatally beat
Gregorio de la Rosa Jr. with padlocks stuffed into socks.
He died four days before his scheduled release from a facility in Raymondville on the
southern tip of Texas.
A jury ordered the company to pay de la Rosa's family $47.5 million in a 2006 civil
judgment. He died in 2001.
Calls to The GEO Group and the Willacy County District Attorney's Office
were not immediately returned Friday. The GEO Group was formerly known as Wackenhut Corrections Corp.
Testing clears powder found at Minn. prison clinic
Associated Press
ROCHESTER, Minn. - The FBI says initial testing on a white powder sent to a
medical center for federal prisoners is negative for harmful or destructive material.Special Agent E.K.
Wilson also says Friday that there was no threat associated with the envelope that was sent to the Federal Medical Center
in Rochester on Thursday
.A spokesman for the state Health Department says its preliminary testing
found the powder was calcium carbonate, the main ingredient in sea shells. It's harmless.
Prison spokesman Dan Cansino has said the envelope was received in the center's mailroom Thursday
morning, and no inmates came in contact with the powder.
Wilson says the incident doesn't appear to have any ties to the more than 30 letters containing a suspicious
powder recently sent to financial institutions and the New York Times.
The federal Bureau of Prisons says the Rochester facility provides medical and mental health services to
male offenders in the federal prison system.
___
Change is in the air at Lewisburg's `Big House'
By Kevin Mertz
Standard-Journal
LEWISBURG — Sweeping changes in the inmate population are coming to the United States Penitentiary in Lewisburg.
The Federal Bureau of Prisons has announced plans to convert the penitentiary into a
more controlled, restrictive institution that will house inmates who have been problematic at other prisons.
According to a bureau of prisons newsletter, "some inmates are highly confrontational, resist and
defy authority, break rules, antagonize other inmates and behave violently to staff and other inmates."
Scott Finley, executive assistant/camp administrator at Lewisburg, said the changes will be implemented beginning some
time next year. "Changes to the physical structure of the penitentiary are under review at this time," Finley said in an
e-mail. "Staffing changes have not yet been determined."
Finley said nearly the entire inmate population will eventually consist of the prisoners who were hard to manage at other
facilities.
"The training for staff will remain the same," he noted in the e-mail. "All staff at USP Lewisburg are highly trained
and professional. They will continue to provide a safe and secure environment for the inmates and the community.
"The public and community should not be affected in any way due to the change," he noted.
Finley said the inmates will be able to participate in the Special Management Program, which will offer opportunities
for self-improvement.
"Inmates who successfully compete the Special Management Program will be eligible for transfer to a less restrictive
institution, " he said. Finley noted the prison will also implement video visitation as well as non-contact visiting to
approved inmate visitors.
Minn. prison hospital receives white powder
The Associated Press
ROCHESTER, Minn.
The Minnesota Health Department is testing some suspicious
white powder that was sent to the Federal Medical Center in Rochester on Thursday.
The medical center provides specialized medical and mental health services to male offenders in the federal
prison system.
Prison spokesman Dan Cansino says no inmates came into contact with the substance.
An envelope with the powder was received in the medical center's mailroom Thursday morning, prompting
a response from the Fire Department's hazardous materials team.
Fire Department Battalion Chief Steven Belau says
the envelope was collected and turned over to the FBI. The Health Department's
testing is expected to be completed Friday.
The incident comes after more than 30 letters containing a suspicious powder were mailed to Chase bank branches and federal banking regulators' offices in nine cities. Officials
say those letters appear to be harmless.
___
Change is coming to Atwater's federal prison
Congressman blazes trail that officials say will lead to safer conditions in U.S. prisons.
By SCOTT JASON
U.S. Penitentiary Atwater has a new warden on the way in and its most dangerous inmates
on the way out.
Both changes, many hope, will lead to safer conditions at the high-security complex where a corrections officer
was stabbed to death in June.
It may seem to some as if the Bureau of Prisons, at Rep. Dennis Cardoza's prodding, is simply moving the problems
elsewhere to satisfy local concerns.
But Cardoza and prison officials say the measures should address safety issues, not just in Atwater, but across
the country. Still, Merced's congressman said more needs to be done.
While stab-resistant vests have been ordered, there have been calls for increased staffing and nonlethal weapons
for correctional officers, such as Tasers or batons.
He's also trying to schedule congressional hearings about the Bureau of Prisons system, though the financial crisis
has remained Capitol Hill's top priority.
The need for increased safety within the national prison system was punctuated Monday with two more violent outbursts.
A correctional officer at USP Coleman in Florida was stabbed 15 times by an inmate who ground Plexiglas into a
sharp weapon, according to the union's daily violence report online.
Another correctional officer at USP Big Sandy in Kentucky was stabbed five times, twice near his head and three
times near his back and lungs. The prison is managed by Warden Hector Rios Jr., the official who's being transferred to Atwater.
"Clearly, there's still a problem," Cardoza said.
He likened the federal prison system, with more than 100 compounds across the U.S., to an oil tanker. "It takes
a long time to turn that ship around," he explained. "Time will tell if their plan works."
Sometime next year, the federal prison system will begin transferring the system's most dangerous inmates to an
East Coast compound, prison spokeswoman Tracy Billingsley said.
Officials have begun classifying the inmates and deciding which ones should be transferred to U.S. Penitentiary
Lewisburg in Pennsylvania. It'll be a six- to nine-month process, she said.
The high-security prison will be converted into a "special management unit," which has stricter restrictions. For
example, smaller groups of prisoners are allowed in the recreation yards, and all inmate visits with friends and relatives
are conducted through glass windows.
Other safety measures, including increased weekend and evening staffing, have been taken at Atwater's prison, Billingsley
said.
The prison has no plans to give nonlethal weapons to correctional officers, she said.
Friends and Family of Correctional Officers, the community group that formed after the death of Jose Rivera, is
eager to meet with the incoming warden, spokesman Andy Krotik said.
Krotik is reserving judgment about Rios, even in light of the correctional officer assault at his prison.
People in Tucson, Seattle and Illinois -- areas that host federal prisons -- have contacted the community group
to get help in starting a local chapter, he said.
The group also has an invitation to speak to a city council in a town a few hours away about officer safety.
The two past assaults are evidence that more needs to be done within the prison system, he said.
"We continue to be accurate that the inmate of today is not the same as the inmate of yesterday," Krotik said.
"The inmate of today is more violent and has less of a regard for life."
Homicide of FCI- Dubliin Staff Member
STOCKTON, CA - Police have taken three individuals into custody in connection with the slaying of a women's
prison employee in north Stockton Wednesday morning. Police have identified the victim as Michael Rutledge, 35. He was a supervisor
of food services at the Federal Correctional Institution women's prison in Dublin. His employment started there in 2000. Wednesday afternoon, investigators stopped a green
Jeep Cherokee in south Stockton and apprehended its occupants. A third man was also put in custody, at a home, a few blocks
away. Their names have not been released. Police have not confirmed the cause of death or indicated a motive for the attack.
Neighbors say they heard what sounded like a gunshot. According to police, Rutledge
had left his home in north Stockton before 5 a.m. and his family assumed he'd made it to work. It was waste management workers
doing morning garbage pickup who discovered Rutledge in his front yard at about 6 a.m. Police said Rutledge's job at a prison
will be considered as the investigation continues. "The detectives will go back and talk to employees, supervisors, and people
he supervised, to see if there was any animosity, or any reason that someone coming out of that system would want to hurt
him", said Stockton spokesman Pete Smith. Exactly one week ago in south Sacramento, a state Department
of Corrections and Rehabilitation correctional officer was gunned
down in front of his home as he prepared to leave for work. According to law enforcement sources, a Sacramento County
sheriff's deputy is under investigation in the murder of Steve Lo. There is no word if the two killings are in any
way connected.
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DHS Personnel System Derailed,
Thanks to AFGE Push to Cut Funding
Agency nixes misguided MaxHR plan
( WASHINGTON
)— The American Federation of Government Employees today applauded a Department of Homeland Security decision to put
an end to its misguided MaxHR personnel system. In a memo dated Oct. 1 (attached), DHS said it was rescinding the personnel
system because of a provision passed by Congress and signed into law this week to cut funding for the plan. AFGE vigorously
lobbied Congress to cut funding for Max HR.
In the memo, Chief Human
Capital Officer Thomas Cairns said the provision in the Consolidated Assistance and Disaster Assistance and Appropriations
Act signed into law Tuesday prohibits “expenditure of funds in operating the Department of Homeland Security Human Resources
Management System for certain employees.”
“This truly is a
win not just for our members, but for the public who had been saddled with paying for this costly personnel experiment,”
said AFGE National President John Gage. “MaxHR was the first big effort to dismantle the civil service, unions and the
GS pay system. This victory ensures that our country still will have a merit-based civil service system that works for federal
employees and for the public they serve.”
The repeal of MaxHR applies
to all unrepresented employees, managers and supervisors who were placed under the system, as well as any AFGE represented
employees who would have been impacted in the future.
As the nation’s largest
union representing federal employees AFGE led the fight to put a halt to MaxHR. In addition to lobbying Congress, AFGE and
four other unions challenged the personnel system on the basis that it was unconstitutional, among other issues. In August
2005, the U.S. District Court issued an injunction forbidding DHS to implement the labor-relations portion of MaxHR. The Circuit
Court of Appeals sustained that injunction, and in September, DHS said it would not appeal that decision.
Va. federal prison locked down after inmate dies
Oct 1, 2008
JONESVILLE, Va. (AP) — A Virginia federal prison remained on lockdown Wednesday
after the second homicide at the maximum-security facility since it opened in 2002, a spokesman said.
Todd Sloop, a spokesman for U.S. Penitentiary-Lee in Jonesville, said inmate Quentin Corniel died
Tuesday after a confrontation with another prisoner, whose name was not released. Sloop said staff members immediately separated
the inmates, and nobody else was injured.
He declined to say how Corniel died or to provide other details, saying he did not want to release
any information that could hinder a possible prosecution or the ongoing investigation by the U.S. Bureau of Prisons and the
FBI. An autopsy has been ordered.
Sloop was unable to say how long the lockdown might last.
The prison in southwestern Virginia houses about 1,600 inmates, well over its designed capacity of
960, Sloop said.
Corniel, 34, was serving a 77-month sentence for being a felon in possession of ammunition and was
due to be released in August.
Lee Federal prison officials say inmate killed, won't discuss incident
HICKORY FLATS — A Tuesday incident involving two inmates has resulted in the death of one
of the pair at the United States Penitentiary, Lee. A news release from the
prison states that staff responded to an incident between two inmates at approximately 10:21 a.m. and immediately separated
the two inmates.
Inmate Quentin Corniel was immediately transported to Lee Regional Medical Center,
where he was pronounced dead at approximately 11:51 a.m.
Public Information Officer Todd Sloop declined Wednesday to say how the inmate died, but did say
an autopsy was conducted on Wednesday.
However, he said, results were not in and were not expected for a while. The Federal Bureau of Prisons is investigating
the incident, and the Federal
Bureau of Investigation has been called to assist.
Sloop said no charges have been placed against the other inmate yet, pending the outcome of the
investigation. He declined to give further details of the incident, the manner of the victim's death, or the name of the second
inmate involved, citing the pending investigation.
No staff were injured during the incident, he said. The institution was placed in lockdown status
as a result of the incident. Corniel was serving a 77-month sentence for being a felon in possession of ammunition. He was
received at USP Lee on May 20, 2008 and had a projected release date of August 26, 2009.
Prison riot revelations spark calls for transparency
By Erin Rosa
The federal government needs to be more transparent in providing local communities with
information about the violent incidents that occur in Colorado prisons. That's the message from public officials reacting
to recent news that a prison in the state has been on lockdown status since August, just months after a violent yard riot
in April left two inmates dead.
In a series of articles published last week, The Colorado Independent reported that the high-security
United States Penitentiary in the southern city of Florence — operated by the federal Bureau of Prisons — had
been in lockdown status since early August following a violent inmate-on-inmate assault.
Lockdown status means that inmates are generally confined to their housing units or cells.
The incident comes just months after a deadly yard riot in April that ended with two inmates being
killed by guard gunfire, and on top of that, the prison's warden Sara Revell was just given the annual
Excellence in Prison Management award from the bureau for overall management of staff and inmates.
During the riot, guards used a heavy arsenal of weaponry, including more than 200 M-16 rifle rounds,
more than 300 pepper balls and nearly 12 long-range CS gas canisters, according to documentation obtained from sources inside
the prison.
Rep. Buffie McFadyen, a Pueblo Democrat whose district includes the penitentiary, said the news
showed how necessary it was for the bureau to release key details about the riot to the public.
"There's a problem with the secrecy the bureau functions in to begin with overall. They're not a
very transparent organization, " McFadyen said, noting that shes talks regularly with prison workers and officials with the
correctional officers union. "I have to cultivate people to talk to. I don't get answers back from the bureau."
U.S. Sen. Ken Salazar, a Colorado Democrat, penned a letter to bureau director Harley Lappin last
week demanding that officials publicly release findings of an investigation into the riot, before it was reported that the
prison had been put in lockdown mode again.
"The bottom line is the bureau needs to provide an answer on what exactly happened back in April,"
said Salazar spokesperson Michael Amodeo about the most recent violence at the prison. "Five months after the fact, surrounding
communities and, to a larger extent, the American public don't have the answers they deserve. The bureau needs to share this
information with the public and show that they are taking the steps necessary to improve security at the facility and prevent
terrible incidents like these from happening again in the future."
Bureau officials have not yet returned requests for comment seeking a response to the transparency
criticisms and inquiring why warden Revell was given an excellence award following the violent yard melee.
The bureau has claimed that an internal investigation of the riot has not yet been completed and
that official findings will be released only through a formal written request, a process that can take months or longer.
Warden gets national award months after deadly Colorado prison riot
Three months after a deadly Florence penitentiary yard riot that left two inmates dead,
prison warden Sara Revell was given an annual Excellence in Prison Management award by the the federal Bureau of Prisons.
The discovery comes after it was reported by The Colorado Independent on Thursday that the same high-security
penitentiary has been on lockdown since early August
due to a violent inmate-on-inmate assault.
Bureau officials have confirmed that Revell, who has been working at the prison since April 2007,
was given the award in July.
“This award recognizes outstanding contributions by a warden in the overall management of staff,
inmates and general operations,” said Felicia Ponce, a spokeswoman for the bureau.
A media release was not issued about the award, according to Ponce.
Approximately 200 inmates were involved in a yard riot that occurred at the prison on April 20, ending
with two inmates dead from guard gunfire and an immediate lockdown of the facility.
The bureau previously confirmed that the racially-motivated melee was incited when some white supremacist
inmates, armed with shanks and makeshift weapons, were celebrating”
Adolf Hitler’s birthday with homemade hooch.
Bureau documents obtained by The Colorado Independent from sources inside the prison show that guards
used a heavy arsenal of weaponry on the inmates
during the riot, releasing more than 200 M-16 rounds, shooting more than 300 pepper balls filled with chemical irritants and
launching nearly a dozen long-range CS tear-gas canisters at the inmates.
On Aug. 10, the prison was put on lockdown again due to an inmate-on-inmate assault and has remained
that way, which means that inmates are generally confined to their housing units or cells according to bureau officials, who
would not elaborate further on the incident.
Only a prison’s warden has the power to decide when a lockdown ends, and bureau officials have
said they do not know when the penitentiary will resume normal operations.
U.S. Sen. Ken Salazar, a Colorado Democrat, demanded this week that the bureau release details of its investigation into the riot, but the bureau is
claiming that investigation is not yet completed and has said that official investigation findings will only be released via
a formal written request, a process that can take months or longer.
Colorado prison on lockdown, months after deadly riot
U.S. Sen. Ken Salazar demanded this week that the federal Bureau of Prisons release details of its investigation into a Florence penitentiary yard
riot that left two inmates dead more than five months ago, but the bureau is claiming that investigation is not yet completed.
Meanwhile the bureau this week confirmed that the Florence prison has been in lockdown mode since
Aug. 10, after a violent disturbance between two inmates. Lockdown status means that inmates are generally confined to their
housing units or cells, according to bureau officials, who would not elaborate further.
Approximately 200 inmates were involved in the incident, and at least one inmate who was charged with
being involved in the riot has described the scene
as a "lil’ Baghdad."
Bureau documents obtained by The Colorado Independent from sources inside the prison show that guards
indeed lobbed a heavy arsenal of weaponry — lethal and less-than-lethal — at the inmates during the riot. The
documents show that in all, guards released more than 200 M-16 rounds, shot more than 300 pepper balls filled with chemical
irritants, used multiple sting grenades, and shot nearly a dozen long-range CS tear gas canisters at the inmates.
"That was all that was fired that one day," said one longtime guard who works close to the prison,
who spoke on condition his name not be used. "We usually use pepper balls," the correctional worker explained, characterizing
the incident as possibly being the largest use of force by guards in the prison’s history.
Said another guard who works at the prison, "We don’t usually use CS gas inside because you
could oversaturate the area and actually cause death." The recreational yard where the riot occurred was outdoors.
Prison officials say they do not know when an internal investigation on the riot will be released
and would only release the official findings of the investigation via a formal written request, which can take months or even
longer to process. Meanwhile, they will not confirm the accuracy of the prison guards’ claims. However, Salazar, a Colorado
Democrat, thinks the results of the investigation should already have been made public, according to spokesperson Michael
Amodeo.
"The fact of the matter is that people in these communities deserve to know what happened," Amodeo
said. "It makes you wonder, how long does it take for the bureau to investigate what’s going on and how long is it going
to take them to release those records? We haven’t even gotten an explanation as to why we haven’t received any
details."
As they have in the past, workers at the prisoncontinue tocriticize
bureau officials for failing to adequately staff the penitentiary based on the agency’s own safety recommendations,
but currently the bureau contends that all prisons are staffed sufficiently.
The penitentiary is in the city of Florence, in southwestern Colorado.
AHF Urges Passage of `Stop AIDS
in Prison Act'
As H.R. 1943 (Waters, D—CA) Goes Before Senate Judiciary Committee Today, Nation's Largest AIDS Organization Calls Bill "Urgent Lifesaving Legislation"
WASHINGTON-- (BUSINESS WIRE)--AIDS Healthcare Foundation (AHF), the largest non-profit HIV/AIDS healthcare provider in the US which currently provides treatment,
care and support services to more than 80,000 individuals in 22 countries worldwide in the US, Africa, Latin America/Caribbean
and Asia, urges the passage of the Stop AIDS in Prison Act (H.R. 1943), scheduled to go before the Senate Judiciary Committee today. The bill, introduced by Representative
Maxine Waters (D—CA) and passed by the House last September, seeks to provide comprehensive
HIV testing, treatment and prevention for inmates in federal prisons and upon re-entry into the community.
The legislation directs the Federal Bureau of Prisons
to test inmates upon entering and exiting federal prison and includes an
"opt-out" provision should inmates wish to decline being tested. The bill
also ensures that inmates found to be HIV-positive receive treatment.
"AHF commends Representative Waters for her leadership in shepherding this groundbreaking
legislation that will go a long way toward protecting public health and
saving lives," said Michael Weinstein, President of AIDS Healthcare Foundation. "By
making HIV testing routine among the prison population, H.R. 1943 will not only help reduce the spread of infection among
inmates, but it will also protect the health of the community at large. HIV/AIDS continues to affect minorities disproportionately.
At the same time, African-Americans and Latinos continue to be overrepresented in the prison population. With HIV infection rates exploding among communities of color, this legislation is a practical way to
identify infected individuals and link them to medical care and treatment, and as parolees return to the community, to help
break the chain of infection."
"In order to best address the nation's growing
HIV/AIDS epidemic, the CDC
has recommended routine testing for HIV in all healthcare settings as well as recommending the removal of written informed consent in order
to streamline the testing process," said Whitney Engeran III, Director of the AHF's
Public Health Division. "Health policy implemented
in federal prisons should remain in line with the government's own health guidelines. H.R. 1943 follows
these sensible CDC guidelines, and AHF strongly urges the Senate Judiciary Committee to pass this urgent lifesaving legislation."
Last October, California Governor Arnold Schwarzenegger
signed into law legislation to streamline HIV testing in California, bringing
it into line with CDC recommendations urging the implementation of routine HIV screening of all persons in a health care setting.
The bill removed a major barrier to HIV testing by requiring a patient to give simple consent, rather than written informed
consent, before an HIV test can be administered.
California Assembly Bill 682, California's Routine HIV Screening Bill,
was a bi-partisan bill, jointly authored by Assembly Members Patty Berg, Bonnie
Garcia and Jared Huffman and co-sponsored by AIDS Healthcare Foundation,
the California Medical Association (CMA) and the Health Officers Association
of California. The bill repealed written informed consent for HIV testing, enabling medical providers to identify Californians
who are unaware of their HIV-positive status and bring them into care and treatment.
About AHF
AIDS Healthcare Foundation (AHF) is the nation's largest non-profit HIV/AIDS
organization. AHF currently provides medical care and/or services to more than 80,000 individuals in 22 countries worldwide
in the US, Africa, Latin America/Caribbean and Asia. Additional information is available at www.aidshealth. org.
Salazar-wants-answers-on-florence-prison-riot Today U.S. Sen. Ken Salazar called for the federal Bureau
of Prisons to publicly disclose the results of an investigation into a deadly April riot at a Florence penitentiary that left
two inmates dead. No new details have been released from the bureau about what led to a massive riot on the high-security
prison's recreation yard that forced correctional guards to empty hundreds of M-16 rounds from the facility's towers and left
two inmates killed in the gunfire. The incident happened on April 20, a day when some white supremacist inmates celebrate
Adolf Hitler's birthday. Colorado's Democratic Senator issued a release today, saying that he wants the bureau to disclose
more findings to him and the public about what happened "in response to the increasing levels of violence" in the federal
prison system. Sources working at the facility have said that inmates were drinking home-brewed alcoholic beverages on the
yard when a racial spat turned violent, but the bureau has not confirmed that information. One guard close to the prison who
spoke on an anonymous basis fearing repercussions from the bureau, says he has not heard of any investigation findings being
released by the agency. "They would publish it. I haven't heard anything about it," he says. "I have a feeling that what they
did was brush it under the table." The bureau has not returned an immediate request for comment.
Warden of federal prison in Atwater to leave Following officer's death and recent inmate
stabbings, warden will be moved to a facility in Illinois
By SCOTT JASON http://www.mercedsunstar.com/167/story/467727.html
ATWATER -- In the wake of the death of a corrections officer and a rash of inmate stabbings, U.S.
Penitentiary Atwater Warden Dennis Smith will be transferred to another prison. A warden in Kentucky will replace him. The
Bureau of Prisons, which has been under critical scrutiny by Congressman Dennis Cardoza, the correctional officers' union
and a community group, announced Tuesday that Smith will become the warden of Federal Correctional Institution Pekin, a medium-security
prison in Illinois. "(The correctional officers) have a lack of confidence in the warden," said Cardoza, D-Merced. "I'm hoping
that a new warden with fresh ideas will make everyone at the facility safer." One of Cardoza's top complaints about Smith
was that he caused "total meltdown in communication" by not discussing local problems. Hector Rios Jr., warden of USP Big
Sandy, a high-security prison in Kentucky, will take control of Atwater. A date for the transition hasn't been set. Rios will
be Atwater's fourth warden since it opened in 2001. Smith's stint began in January 2006. Cardoza, who has called for a congressional
hearing about the working conditions in Atwater, said he's trying to schedule a meeting in Atwater next month with Bureau
of Prisons Director Harley Lappin. The details, such as whether it's public or if the new warden will attend, are still being
worked out. The union remained cautiously optimistic about the change. "It's to early to tell," said Tim DeBolt, western regional
vice president for the Council of Prison Locals. "We don't know the history of Mr. Rios too well." In June, a correctional
officer was killed, putting the prison on a three-month lockdown. During the first week it returned to regular security levels,
a dozen inmates were stabbed in four fights. Bureau of Prisons spokeswoman Felicia Ponce said the decision had nothing to
do with the recent violence at the Atwater prison. "It's our standard agency policy to transfer wardens every couple of years,"
she said. "This practice helps create a healthy environment for all of our staff and senior managers." Prison safety, overcrowding
and understaffing have been top concerns for Cardoza for more than a year. The problem attracted national attention after
correctional officer Jose Rivera was stabbed to death June 20 by two inmates. Following prison regulations, Rivera wasn't
wearing a stab-resistant vest or carrying any weapons to defend himself. It was the first correctional officer killing in
more than a decade and galvanized the effort to improve conditions in Atwater and other prisons. Advocates lobbied for increased
staffing and giving correctional officers vests and nonlethal weapons. Friends and Family of Correctional Officers, a Merced
County community group that formed after Rivera's death, supported the decision and said its members look forward to meeting
Rios and sharing their concerns about prison safety. The group will keep lobbying for increased staffing levels and nonlethal
weapons for employees. "We hope the new leader will participate in constructive dialogue with the community," group spokesman
Andy Krotik said. "We call on the new warden to maintain the lockdown until appropriate safety measures are in place to avoid
another wave of senseless violence."
More hurt in spring prison riot than originally reported Thirty one hurt in April brawl,
not five, report says
By Sara Burnett, Rocky Mountain News
The April riot that left two inmates dead at the U.S. Penitentiary in Florence lasted nearly a
half-hour and injured six times the number of people the Bureau of Prisons announced at the time, according to an incident
report obtained by the Rocky Mountain News.
Thirty inmates and a staff member were assaulted in the racially motivated
brawl, a report written by a Bureau of Prisons investigator states.
When the riot occurred, prison officials said
five people - all inmates - were injured.
They would not say how long the riot lasted.
On Tuesday, Democratic
Sen. Ken Salazar sent a letter to Bureau of Prisons Director Harley G. Lappin, urging him to release reports on the riot to
the public.
Salazar asked Lappin shortly after the riot for a full briefing once the bureau's investigation is complete,
particularly in regard to staffing levels.
"The people of Colorado, especially those in the communities surrounding
the USP, deserve the assurance that the BOP is taking the steps necessary to improve security at the facility and prevent
terrible incidents like this in the future," Salazar wrote in Tuesday's letter.
BOP spokeswoman Traci Billingsley
has said that while some incident reports have been issued to inmates, the riot still is being investigated.
The riot
broke out in the recreation yard around noon April 20, after white inmates celebrating Adolf Hitler's birthday made racial
comments to black inmates, authorities said.
About 200 inmates - some armed with rocks and sharpened metal - were
involved.
When the inmates ignored orders to stop, guards in towers unloaded their weapons, firing from 300 to 400
rounds, including warning shots.
Inmates Brian Kubik, 41, and Philip Hooker, 43, died from gunshots fired by the guards,
the coroner said.
The riot prompted two investigations: a criminal investigation led by the FBI, and an internal review
conducted by the BOP.
Special Agent Kathy Wright, an FBI spokeswoman, said Tuesday that the FBI concluded its investigation
and has forwarded its reports to federal prosecutors to consider criminal charges.
Jeff Dorschner, a spokesman for
the U.S. attorney's office, declined to comment, saying the investigation is ongoing. Wright said the FBI believes the
guards were justified in shooting.
But she said several inmates could face charges for assaulting another inmate shortly
after the riot.
Many more inmates face disciplinary action within the prison system, Billingsley said.
The
BOP has issued 21 incident reports - the vehicle the prison system uses to initiate disciplinary action, such as losing privileges
or segregating inmates.
Some of the 21 reports include allegations against multiple inmates, Billingsley said.
Frank
Sims, an inmate who was moved to a prison in California after the riot, said in a letter to the Rocky that the yard the day
of the riot "look like lil (sic) Baghdad."
Sims received an incident report accusing him and five other inmates of
being an accomplice to a killing, rioting, assault and refusing an order.
The report, which Sims provided to the Rocky,
says the riot lasted 29 minutes and resulted in injuries - some life-threatening - to 30 inmates.
It also says Sims
and others injured a staff member while forcing their way out of food service to join the riot.
Sims denies the allegations,
saying he was trapped on the yard and forced to defend himself.
House approves 3.9 percent federal pay raise
WASHINGTON -- The House today cleared a continuing resolution
that includes a 3.9 percent pay raise for federal employees. President Bush originally proposed a 2.9 percent increase for
federal employees.
The pay raise was included in the Consolidated Security, Disaster Assistance
and Continuing Appropriations Act, HR 2638. It must now be approved by the Senate.
"One of the most effective ways to recognize the important service
of our federal employees-- and also increase the attractiveness of a career in public service -- is through pay that reflects
the value of the work and services federal employees provide this nation and its citizens," said House Majority Leader Steny
Hoyer, D-Md.
CLICK ON LINK BELOW TO VIEW ARTICLE ON CONGRESSMAN CARNEY'S VISIT TO USP-LEWISBURG
ATWATER -- Correctional officers at U.S.
Penitentiary Atwater will have stab-resistant vests within six weeks -- but officers and union officials are warning the vests
aren't enough. The U.S. Bureau of Prisons, which oversees USP Atwater, signed a contract last week to buy stab-resistant
vests for all federal correctional officers who want them. The company that
sells the vests, Armor Express, began measuring Atwater officers for the custom-fit gear Thursday, with the vests to be delivered
within six weeks. Union officials began demanding the vests, among other safety reforms, after USP
Atwater correctional officer Jose Rivera was stabbed to death by inmates at the high-security prison in June.The Bureau
of Prisons eventually agreed to provide the vests, but disagreed with union officials over exactly which type to buy. The
union worried that the bureau would buy cheaper vests that don't protect against all sharp weapons.
News
that the bureau had signed a contract and begun fitting officers for vests emerged Thursday during a public meeting at Atwater City Hall, where Rep. Dennis Cardoza, D-Merced, met with
community members to discuss ongoing safety concerns at the prison. "I'm told that officers at USP Atwater
are being fitted for the vests today," said Cardoza, who introduced legislation after Rivera's death that would make stab-resistant
vests mandatory for all federal correctional
officers. "But it's taken a long time, and it should have happened without congressional intervention." After
the meeting, union officials and USP Atwater officers said the vests on order aren't adequate because they protect against
only certain types of sharp weapons. "They're not the ones we were looking for," said Bryan Lowry, president of the
Council of Prison Locals of the American Federation of Government Employees. "The agency made the decision
to buy these vests while we were still negotiating, and they're not the quality we wanted. That said, they do provide some
protection, and it's much better than what we had before, which was nothing." Besides costing far less than the vests
the union had proposed -- about $400 a vest compared with about $800 -- the bureau's choice is made of layers of textile with
no metal, Lowry said. The union asked for vests that contain a layer of metal mesh that would protect against a wider range
of weapons, he said. A spokeswoman for the Bureau of Prisons, Traci Billingsley,
said she wasn't familiar with the particulars of the vest the bureau selected or the reasons it was chosen, but that it is
certified for use in prisons by the National Institute of Justice. Jeremy Schroer, a USP Atwater correctional officer
and chief steward of the local union, criticized the bureau's choice. "In
our contract, it says (the Bureau of Prisons) will make every effort to reduce all the possible safety threats to the lowest
level," Schroer said. "They're not doing that when there's better equipment out there than what they're providing."
USP Atwater's spokesman, Jesse Gonzalez, declined to discuss the vests. The prison's warden, Dennis Smith, didn't return
phone calls. The contract between Armor Express and the Bureau of Prisons is worth up to $4 million,
according to the contract paperwork. Vests will only be provided to employees who ask for one. Lowry said he didn't know
exactly how many USP Atwater employees have requested vests, but that as much as 60 percent of employees at some federal prisons have asked for one.
Rivera, a 22-year-old Navy veteran, died June 20 after he was attacked by two inmates wielding a handmade weapon inside
a prison housing unit. The inmates accused of his murder, James Leon Guerrero and Joseph Cabrera Sablan, were charged last
month. In line with standard procedures, Rivera was alone with more than 100 inmates when he was attacked, wearing no
protective equipment and carrying no weapons. Correctional officers in California state prisons and in Merced County's jails already wear stab-resistant
vests. USP Atwater, which opened in 2001 and houses roughly 1,100 high-security inmates, is still on
lockdown as a result of Rivera's stabbing. Also at the community meeting Thursday, Cardoza said he has
had "generalized discussions" with members of the House
Judiciary Committee asking for more funding to increase staffing at USP Atwater and across the federal prison system. Cardoza also criticized the Bureau of Prisons for a policy that rewards
top administrators with bonuses for cutting costs.
A community group that formed after Rivera's death
to demand safety improvements at USP Atwater, called Friends and Family of Correctional Officers, organized Thursday's meeting. Flip
Hassett, a former Merced city councilman and founding member of the group, called for Warden Smith to be removed, saying that
he has ignored safety concerns, refused to listen to the community and changed safety policies to the detriment of employees.
"He's shown an amazing amount of arrogance and disregard for our community," Hassett said. "That lack of leadership is unacceptable."
No USP Atwater officials attended Thursday's meeting. The Sun-Star published a story in July detailing
what several USP Atwater correctional officers
said are failed safety policies at the prison. Besides low staffing and a lack of protective equipment,
the officers said USP Atwater doesn't adequately search inmates for weapons or punish inmates who act out violently.They said
assaults on officers and fights among inmates have increased dramatically in the past two years or so. Besides stab-resistant
vests, union officials and community leaders have called for increased staffing at USP Atwater and policy changes that would
make nonlethal weapons, such as batons and Tasers, standard equipment for
all correctional officers.
Third inmate stabbed in 5 days at federal prison in Atwater
Prison was on lockdown since correctional officer was killed three months ago.
ATWATER -- An inmate at U.S. Penitentiary Atwater was sent to the hospital Sunday night with stab
wounds, the third violent outburst at the prison within the past five days, officials said.
The latest inmate-on-inmate assault comes a week after the prison ended its three-month lockdown in
response to the stabbing death of a correctional officer.
Jose Rivera, a 22-year-old Navy veteran, died June 20 after inmates stabbed him with a handmade shank
inside the prison housing unit.
The death prompted a call for increased staffing levels and demands that correctional officers be
given stab-proof vests and armed with nonlethal weapons, such as Tasers, pepper spray or batons.
Prison spokesman Jesse Gonzalez said Monday that correctional officers found an inmate with puncture
wounds at about 1:30 p.m. The victim was taken to the hospital and returned to the prison that evening.
The prison didn't go on lockdown after the assault, which is still under investigation, he said, declining
to discuss the recent violence.
"I can't elaborate on that other stuff," he said.
Friends and Family of Correctional Officers spokesman Andy Krotik called for another lockdown because
he insisted the conditions within the prison aren't safe enough for staff.
"(It) continues to be the poster child for violence within the federal penitentiary system," he said.
"Once again we call on Warden Dennis Smith to restore order and resume the lockdown until correctional officers are afforded
the proper tools to do their job."
The community group, formed after Rivera's death, also asked publicly that Smith restore a dialogue
with the community.
Bryan Lowry, president of the national union that represents correctional officers, echoed the group's
concerns, adding that the prison's safety comes down to supervision and control of inmates. Both are hard to do without enough
correctional officers walking the halls.
"I think they have a very serious problem on the compound," he said. "With many inmates in for life,
it leads them to be more aggressive and predatory."
After heavy lobbying following Rivera's death, the Bureau of Prisons has begun to make stab-resistant
vests available to prison workers.
The union and the community group still demand increased staffing and nonlethal weapons for correctional
officers.
Rivera, in line with prison procedures, had no protective equipment or weapons when he died. The inmates
suspected of killing him were charged with first-degree murder last month.
Atwater's violence highlights a trend toward more assaults and homicides within the prison system,
Lowry said.
This year there have been 16 homicides in federal prisons, twice the number recorded in 2006, he noted.
Along with Congressman Dennis Cardoza, D-Merced, Lowry wants hearings about the working conditions
of federal prisons. "There needs to be some real oversight of what's happening," Lowry said.
Two hospitalized after stabbings at Atwater prison
Congressman Cardoza questions facility's safety record
ATWATER -- Two inmate fights broke out at U.S. Penitentiary Atwater on Wednesday night, sending two
prisoners to the hospital with stab wounds, officials said Thursday.
Two other inmates were stabbed and treated inside the prison.
The incidents prompted an angry response from Rep. Dennis Cardoza about the prison's safety record.
The armed fight comes three days after USP Atwater ended a nearly three-month-long lockdown that followed
the stabbing death of a correctional officer there.
Officer Jose Rivera, a 22-year-old Navy veteran, died June 20 after inmates attacked him with a handmade
shank inside a prison housing unit.
On Wednesday at about 8:20 p.m., five inmates began fighting on the prison compound, USP Atwater spokesman
Jesse Gonzalez said. Two were stabbed with handmade weapons, he said. One was transferred out for treatment.
A second fight broke out about an hour later inside the prison dining area, Gonzalez said. One inmate
received several stab wounds and was sent to the hospital. Another inmate was stabbed but treated inside the prison.
The lockdown that followed Rivera's death ended Monday. The prison resumed normal operations Thursday
morning, Gonzalez said.
A community group formed after Rivera's death, called Friends and Family of Correctional Officers,
issued a statement Wednesday criticizing USP Atwater for lifting the lockdown ahead of safety reforms the group has been demanding.
"Like our organization has stated consistently, USP Atwater is grossly understaffed," the statement
said. "We call on Warden Dennis Smith to restore the lockdown until all correctional officers are afforded proper defensive
equipment and adequate staffing levels are in place."
Bryan Lowry, president of the national union that represents federal correctional officers, and Cardoza,
D-Merced, said that Wednesday's violence shows that prison officials haven't addressed safety problems at USP Atwater.
"Obviously there are still plenty of weapons inside this prison," Lowry said.
Cardoza added, "I don't feel that the status of safety at USP Atwater has improved at all."
Union leaders, Cardoza and Friends and Family of Correctional Officers have all called for safety
reforms at USP Atwater in the wake of Rivera's death.
Specifically, they have asked for increased staffing and policy changes that would make stab-resistant
vests and nonlethal weapons, such as batons and Tasers, standard equipment for federal correctional officers.
The U.S. Bureau of Prisons, which oversees all federal prisons, has agreed to meet some of those demands.
They are in the process of making stab-resistant vests available to prison employees.
In line with standard procedures, Rivera was alone with more than 100 inmates when he was attacked,
wearing no protective equipment and carrying no weapons.
The inmates suspected of killing him were charged with first-degree murder last month.
I am writing on behalf of the forgotten men and women Law Enforcement Heros of your local communities
that work one of the toughest beats in the nation; the Lompoc Federal Correctional Complex. First and foremost, we are not
"Guards" but rather professional Correctional Officers and Staff who deserve to be recognized as Law Enforcement Officers
right along with the Local Police Officers, Sheriffs, and Highway Patrol. You may think that when criminals are sentenced
that they go to prison and that’s the end, but it’s us that are charged with keeping those criminals safe from
each other in a secure environment, insuring the staff that work there are safe, and keeping your communities safe. On June
20, 2008, Officer Jose Rivera was stabbed and killed in the line of duty by two inmates at USP Atwater CA.. Officer Rivera
was only 22 and a Navy combat veteran with two tours in Iraq to his credit. This incident hit the staff at FCC Lompoc harder
than most other institutions because our own local native Officer Scott Williams was killed in the line of duty April 3, 1997
in which the inmate to this day, has never been brought to trial. There have been many serious staff assaults over the years
in the federal system and it’s been no secret that our institutions are over crowded with increasingly more dangerous
criminals and with the budget cuts throughout government, less staff to deal with them effectively. Here at FCC Lompoc, it’s
been no different, we’ve had our share of inmate assaults/ fights, staff assaults, inmate suicides, and it’s time
that the local communities wake up and take notice. You have inmates that have done time in the Penitentiaries that are now
in the minimum security camps that have no fences surrounding them. The chances of these inmates walking away, like one did
a few months ago, are very real and then they are out and about in the community. There used to be notification to the media
and signs posted on roads so that the public was aware and able to assist in re-apprehension, but that is not occurring. Your
mothers, fathers, sons, daughters, friends, neighbors, and community volunteers, are working inside the FCC Lompoc fences
with almost 10% less staff than before where the ratio of staff to inmates now is 1 staff to 7 inmates, and on the off shifts
it can be 1 staff to 100 inmates. The Staff have no personal protection such as stab proof vests, mace, tasers, pepper spray,
or batons. Officers Jose Rivera and Scott Williams may have still been alive today if they had such protection. We need your
help, Congress needs to know we need more funding for more staffing, our Warden and Administration need to know we need more
personal protection as well as more staff, and since this prison is in your community, you should expect the Prison to notify
you through the media as to what is going on inside the fences that may affect you or someone you know.
Federal Legal Corner: No Compensatory Damages Under ADEA
In Collazo v. Department of Veterans Affairs, No. 06-2678 (1st Cir. July 24,
2008), the First Circuit United States Court of Appeals held that compensatory damages for pain and suffering are not available
under the Age Discrimination in Employment Act. (ADEA), 29 U.S.C. § § 621-634. The appellant worked at the San Juan VA Medical
Center for several years in various capacities. In August 1998, he was promoted to the position of patient services assistant.
It was during this time, while the appellant was in his sixties, that he contends his supervisor threatened and directed age-discriminatory
remarks at him, resulting in the appellant filing four incident reports and two VA police reports.
Several of the
appellant's allegations of abuse were corroborated by co-workers and/or hospital patients. However, while the appellant was
initiating his complaints, he too became the subject of patient complaints. Subsequently, after an internal investigation,
the appellant was reassigned to a position with no patient contact, but the transfer did not result in change of pay grade
or position description. The appellant initiated an EEO harassment complaint, alleging he suffered age discrimination
in connection with his supervisor's abuse and the reassignment. A final agency decision was issued in favor of the agency.
On appeal, the decision was upheld by the EEOC Office of Federal Operations. The appellant then filed suit in federal court,
alleging that he suffered a hostile work environment on the basis of his age, in violation of the ADEA.
The ADEA
makes it unlawful for an employer to "discharge--or otherwise discriminate against any individual with respect to his compensation,
terms, conditions, or privileges of employment because of such individual's age" 29 U.S.C. § 623(a)(1). To state a claim
under the ADEA, a plaintiff must establish that he "suffered an adverse job action, that this was motivated by age, and that
he suffered injury as a result of it." Melendez-Arroyo v. Cutler-Hammer de P.R. Co. 273 F.3d 30, 33 (1st. Cir. 2001). The
district court concluded that the appellant failed to establish a prima facie case of discrimination under the ADEA because
the incidents of harassment he described were, as a matter of law, "not sufficiently severe or pervasive to support a hostile
work environment claim under the ADEA."
The appellant appealed the district court decision. The court of appeals affirmed
the holding, but its decision was based on other grounds. The court of appeals held that the appellant failed to state a claim
upon which relief may be granted because the remedy he sought, compensatory damages for pain and suffering as a result
of working in a hostile work environment based on his age, is not available under the ADEA.
Although hostile work
environment claims are recognized under the ADEA, see Rivera Rodriguez v. Frito Lay Snacks Caribbean, 265 F.3d 15, 24 (1st
Cir. 2001), the court asserted it is well established that compensatory damages for emotional distress and pain and suffering
arising from a discriminatorily hostile or abusive environment based on age are not allowed. See Villescas v. Abraham, 311
F.3d 1253, 1260 (10th Cir. 2002) ("Congress had another opportunity to enlarge the remedies available under the federal employee
ADEA when it amended Title VII and other Acts in the Civil Rights Act of 1991 to permit compensatory damages, subject to caps,
and it conspicuously chose not to do so for ADEA claims."). The court pointed out that the ADEA does allow liquidated
damages equal to the pecuniary losses suffered for willful violations. 29 U.S.C. § 626(b). However, since the appellant
did not raise a claim for such losses, he was not entitled to an award of liquidated damages.
Congressman Dennis Cardoza 18th Congressional District of California
WASHINGTON – Last week Congressman Dennis Cardoza met with Federal Bureau of Prisons Director Harley Lappin
to discuss the safety of correctional officers in federal prisons and other issues at USP Atwater. Today Mr. Cardoza
reiterated his concerns in a letter to Director Lappin which specifically identifies the large wage discrepancy between state
and local correctional officers and those at USP Atwater. Mr. Cardoza plans to follow up with the Director in 30 days
to see what progress is being made.
Earlier this month Mr. Cardoza introduced HR 6462, the “Jose Rivera Correctional Officer Protection Act”
to provide all federal correctional officers with stab-proof vests. The bill authorizes $20 million for the Bureau of
Prisons (BOP) to purchase the vests and mandates that officers wear them while on duty. The legislation came in response
to the tragedy on June 20, 2008 in which two inmates brutally attacked and killed Correctional Officer Jose Rivera at the
Federal Penitentiary in Atwater, California. The two inmates who attacked Officer Rivera had been classified by the BOP as
‘unable to rehabilitate’, and were among the most dangerous in the prison population.
Congressman Cardoza will continue to monitor the situation and ensure that federal
correctional officers have a safe work environment and the compensation that they deserve. A copy of Mr. Cardoza’s
letter to Director Lappin is below.
July 21, 2008
Mr. Harley Lappin
Director
Federal Bureau of Prisons
320 First Street, N.W.
Washington, DC 20534
Dear Director Lappin:
Thank you for taking the time to meet with me and my staff on July 17, 2008. I appreciate
your willingness to discuss issues of concern to our federal correctional officers, and I am thankful for your continued support
for the staff at USP Atwater and the family of Officer Jose Rivera.
As you know, during my tenure in Congress, I have worked to ensure the Bureau of
Prisons (BOP) is adequately funded and our nation’s correctional officers are given sufficient resources to do their
jobs. Earlier this month, I introduced H.R. 6462, the Jose Rivera Correctional Officers Protection Act, which provides all
federal correctional officers with stab-resistant vests. I was pleased to see that your more recent BOP-wide policy changes
included providing all BOP staff with stab-resistant vests, and local penitentiaries with greater control over inmates and
additional staff during evening and weekend watch.
I was also encouraged to know that you are willing to look into a top request of
mine: finding solutions to reduce the large disparity in starting wages between federal correctional officers at USP Atwater
and local law enforcement and correctional officers. As you are well aware, employees at USP Atwater are vastly underpaid
in comparison to the cost of living in their surrounding communities and to similar positions. This disparity inevitability
affects the ability for USP Atwater to recruit and retain staff for all occupations. In order to best maintain a low turnover
rate and recruit additional staff, I believe it is essential that correctional employees at USP Atwater receive a pay increase
comparable to similar occupations in nearby localities. I understand BOP has several options to administratively fix this
disparity, in addition to the legislative options I mentioned during our meeting. Because it is a top priority of mine, I
plan to follow up with your office in 30 days to assess the progress made on this issue.
Lastly, I look forward to taking you up on your offer to tour USP Atwater together
and meet with the staff to discuss issues pertinent to the prison and our local community. I will have my staff coordinate
with your office to schedule a tour in the coming months.
I look forward to working with you to ensure that the Bureau of Prisons is fully
funded and equipped to keep our local communities and prisons safe. If you have any questions, please contact Matt Pennington
of my staff at **********.
Sincerely,
Dennis Cardoza
Member of Congress
Inmate found dead in cell at federal prison
VICTORVILLE — An inmate was discovered dead in his cell Friday afternoon at the Victorville Federal
Prison, officials announced.
The man's name has not been released pending notification of next of kin, according to Federal Bureau of Prisons
officials.
The FBI has been notified of the death and an investigation is being conducted, officials announced.
All other inmates have been accounted for and the prison remains secure, according to authorities.
Attempted murder on a Peace Officer by two inmates; under investigation
Information:Prison officials are uncertain what spurred the attack, and are investigating the
incident as an attempted murder on a peace officer by two inmates. The attacks
appears to be an unprovoked attack.The stabbing occurred around 7:50 p.m. Sunday when Correctional Officer Jeremy Kingstrom,
31, was conducting a controlled release on inmates Joel Campos, 19, and Felipe Ruiz, 25, to escort them to the showering
facilities. "Immediately upon the door being opened they attacked," the officer. Both inmates had manufactured weapons
that appeared to be made out of melted plastic, CO Kingstrom was stabbed in the cheek and neck. Kingstrom, a correctional
officer since July 2001, was able to defend himself and other correctional officers aided in putting Campos and Ruiz in restraints, Thomas said.
Kingstrom was then taken to Sutter Coast Hospital where he was treated for his injuries and released the same evening.
Campos and Ruiz are now being held in the administrative segregation unit at Pelican
Bay, which is like a jail within the prison. The two are cell mates in the B Facility and are both aligned with the
northern Hispanics, or Norteńos.
Inmate walks away from minimum security prison in Taft
A Santa Ana man and inmate at Taft correctional camp walked away from the minimum security facility sometime Thursday night, and officials, including the
Federal Bureau of Investigation, are on the hunt for him.
Amado Estevez Jr., 35, was noticed missing by officers at Taft Correctional Institution at about 10 p.m. Thursday. Officers
counted inmates at the camp, recounted and was officially determined to have escaped at 10:43 p.m.
Estevez was placed in the camp for conspiracy to distribute methamphetamine. He is Hispanic, 5-foot,
10 inches tall, weighing 240 pounds. He was a tribal tattoo on his right arm with a phoenix and "una vida, un amor, un sueno,
forever" written.
The camp houses about 550 federal inmates. There
is no security fence around the camp, which is common for a minimum-security facility within the federal
prison system, according to a statement from the camp.
Readers' views
Federal prisons crowded, unsafe for officers
As a federal correctional officer, I believe the recent brutal murder of Correctional Officer Jose
Rivera by two prison inmates at the U.S. Penitentiary in Atwater, Calif., illustrates that Bureau of Prisons institutions
are becoming increasingly dangerous places to work because of understaffing and inmate overcrowding.
More than 200,000 inmates are confined in 114 Bureau of Prisons institutions, up from 25,000 in 1980,
58,000 in 1990 and 145,000 in 2000. By 2010, it is expected there will be 215,000 inmates.
However, the number of federal correctional officers and staff is failing to keep pace with the growth
in the inmate population.
The system is staffed at 86.6 percent, as contrasted with the 95 percent staffing level in the mid-1990s.
The bureau considers 90 percent as the minimum staffing level for safety and security.
In addition, inmate overcrowding is an increasing problem, despite the addition of several new institutions
over the past few years. The system today is overcrowded by about 37 percent, up from 31.7 percent as of Jan. 1, 2000.
The U.S. Department of Justice issued a report documenting that inmate-on-staff assaults in fiscal
year 2006 increased 6 percent over the previous fiscal year, and that inmate-on-inmate assaults had increased 15.5 percent.
Urge your representatives and senators to provide the Bureau of Prisons with the necessary federal
funding to solve its serious understaffing and overcrowding problems.
Dwayne Pettit
President, AFGE Local 817
Lexington
Report card: U.S. workers worse off
NEW YORK (AP) -- This Labor Day finds workers in worse shape than they've
been in years, according to a scorecard released Monday by Rutgers University. In its first national labor scorecard, the
Rutgers School of Management and Labor Relations said more than 10 percent of Americans are unemployed, discouraged from seeking
work or underemployed. That is a nearly 25-percent increase from one year earlier.
Professor Douglas Kruse, a labor economist who created the scorecard, said a sharp decline in the
number of Americans able to find full-time jobs, along with growing consumer debt and health care costs, were causes for concern.
"But there are some bright spots long term," Kruse said, including improvements in workplace safety,
a small but growing percentage of employers offering support for childcare and employee wellness programs, and more Americans
who are completely satisfied with their jobs.
Meanwhile, the Labor Department last week said the number of people signing up for jobless benefits declined for the third straight
period but remained above 400,000 -- an indicator of a slowing economy.
The Rutgers labor scorecard offered other sobering findings:
About 530,000 were subject to mass layoffs in the last year, growth of nearly 5 percent, but a lower
rate than five and 10 years ago.
The median weekly earnings for American workers have not grown in real terms over the last eight years.
At $6.55, the federal minimum wage is worth 40 cents less per hour, in inflation-adjusted dollars,
than it was a decade ago.
While employer-assisted childcare and employee wellness programs have grown quickly over the last
decade, they still cover less than one quarter of American workers.
Roughly 4 percent of the workforce wants to work full-time, but is working part time because they
can't find full-time work.
MARIANNA, Fla. — Freda Cobb's three-ring binder
is filled with more than 200 pages, most of them detailing 11 years of ailments, doctor visits and prescription information.
She has suffered from digestive problems, acute respiratory symptoms, short-term memory
loss, muscle pain, kidney and liver problems, heart problems, internal bleeding and skin lesions.
Her health forced her to retire as a security officer from the Federal Correctional
Institution in Marianna, Fla., in September of 2004.
Over the next two years, Cobb said she learned that several other prison workers and
inmates who participated in a computer recycling program adjacent to the prison were experiencing many of the same problems.
Now, her binder also has several pages dealing with lead poisoning, exposure to cadmium
and other elements.
"I never even realized," said Cobb, who lives with her husband Eugene in Marianna. "We
never put it together."
Cobb believes she and many others were exposed to dangerous levels of toxic material,
resulting from their participation in a computer recycling operation adjacent to the prison.
Overall, 26 current and former inmates and prison employees are suing the U.S. Justice
Department, Federal Bureau of Prisons and UNICOR — the government-owned company that runs the recycling business, claiming
they did not do enough to protect workers from being exposed to harmful chemicals and elements. Three individuals in supervisory
positions with UNICOR are also named.
UNICOR began a computer recycling operation — the first of its kind — near
the Marianna prison in 1994. The operation used female inmates from the nearby female prison camp to remove truckloads of
obsolete computers each day, break them down and retrieve parts that can be reused or resold, including central processing
units and cathode ray tubes.
Cobb — who began working at the prison in 1991 — said it was common for
inmates and workers to unload several semi-trailer loads of old computers per day. Often, inmates would need to break the
computers and monitors with hammers to retrieve the salvageable parts, causing a thick dust to engulf the area.
"It looked just like pollen," Cobb said. "At the end of the day, when we would go to
our cars, we would sort of laugh because we could write letters on our hood and on the back."
Cobb said, and the complaint alleges, that inmates and workers were not provided with
masks, coveralls or any protective equipment other than steel-toed shoes.
She said some inmates and workers raised questions to supervisors.
"They told us not to worry about it," she said. "Nobody wanted to hear us."
Cobb worked at the nearby food service building and said female inmates would come from
the recycling facility into the building and shake off their dust-laden clothes, causing dust to coat the floor and eating
utensils. She would also be asked to pat down the inmates because male officers did not want to pat down the female inmates.
Cobb said she was further exposed to the potentially- toxic materials when she worked overtime in the UNICOR warehouse where
the recycling operation took place.
The complaint alleges others were possibly exposed when allowed to visit the recycling
facility to purchase refurbished computers at a discount price.
"Defendants knew or should have known about the dangers associated with the recycling
facilities. For example, it is common knowledge that CRT monitors are hazardous waste because of the amounts of lead and other
toxic substances contained in them," states the complaint, filed by Tallahassee, Fla., attorneys Richard Bisbee, Bill Reeves,
and Patrick Frank.
"The continued safety of inmates and staff is our top priority and we are committed
to insuring our continued compliance with all applicable health and safety regulations, " said Traci Billingsley, spokesperson
for the Federal Bureau of Prisons.
One plaintiff, 36-year-old Tanya Smith, died Aug. 1 at her home in Cottondale, Fla.
The complaint alleges others exposed to the dust have died as well.
"Based on information and belief, at least 12 persons who are know(n) to various plaintiffs
have been exposed to the dust or powder resulting from the UNICOR recycling operation at Marianna and have suffered from symptoms
consistent with exposure to heavy metals and other toxic substances found in computer monitors have died," the complaint states.
Since the computer recycling operation started in Marianna in 1994, it has expanded
to include seven facilities. Late last year, a report written by the National Institute of Occupational Safety and Health
and ordered by the Justice Department's Office of Inspector General indicates staff and inmates were exposed to lead and cadmium
beyond permissible levels at UNICOR's computer recycling operation in Elkton, Ohio. Similar studies are being done at recycling
facilities at prisons in Texas and California.
The Ohio facility is equipped with air filters. The report states that a surface wipe
of the filter located in the glass breakage area of the warehouse tested positive for levels 450 times the permissible limit
for cadmium and 50 times the permissible limit for lead.
Cobb said the Marianna facility did not have filters or any type of ventilation for
several years.
The defendants have until next month to respond to the complaint.
Family: Prison Worker's Death was Caused by Toxic Dust
Former Officer Suing Unicor for Alleged Toxic Dust Exposure on the Job Dies
By KRISTIN JONES
August 8, 2008—
A former Florida correctional officer suing the Federal Prison Industries
for allegedly exposing her to toxic dust on the job died last week.
Tanya Smith, 36, passed away at her home in Cottondale, Fla. on Aug. 1. The precise cause of death has not yet been determined, but her mother said that her heart failed.
"We surely believe that federal prisons started all of this," said Smith's mother, Doris Baker, who lived with her. "We
all believe that. Won't nobody admit it."
For years, Smith has been suffering from a series of heart and lung problems she believed she developed
working at the prison.
Just four months before her death, Smith joined 25 other workers, inmates and visitors to the correction facility in
Marianna, Fla., who claim that the Federal Prison Industries (known as Unicor) recklessly endangered them by exposing them
to harmful metals from electronics recycling operations without proper safety gear.
Her death is not the first lawyers claim was a result of the toxic exposure. The lawsuit lists 12
other deaths from the Florida facility.
ABC News reported last month that prisoners and inmates working in Unicor's nationwide electronics recycling program were likely
exposed to harmful amounts of lead and cadmium, according to a preliminary finding in a Justice
Department internal investigation. Unicor runs recycling facilities at eight institutions nationwide, including the
one in Marianna.
The ongoing two-year probe found that operations in at least one Unicor recycling facility lacked
proper medical surveillance, respiratory protection or industrial hygiene monitoring as recently as 2003. That facility, in
Elkton, Ohio, was closed indefinitely in June.
Bureau of Prisons spokesperson Traci Billingsley
said that the safety of staff and inmates was a top priority.
"We are committed to ensuring continued compliance with all applicable health and safety regulations,"
she said.
Smith, who went to high school in the city of Marianna,
first began working at the federal prison there in 1999. She swept the area where prisoners dismantled computers for the recycling
program run by Unicor.
Computer recycling is known to be hazardous to workers
if performed without adequate safeguards, occupational health experts say.
Operations to take apart electronic equipment can release huge amounts of dust containing dangerous elements like lead, cadmium,
mercury and arsenic.
But Smith said in an interview with ABC News in June that prison officials never told her of any safety hazards or gave her any protective gear.
So Smith said she was puzzled when, after starting at the plant, she began getting headaches and had
difficulty breathing. In 2004, she collapsed at work and was hospitalized
in a coma. It was then that Smith said she learned she had a pulmonary embolism,
a blockage in the lung that can be fatal. The following years spiraled downward with diagnoses of lupus, kidney disease, blood clots, and heart and respiratory disease, according to the lawsuit. Despite open-heart surgery and
multiple blood transfusions, Smith remained in a wheelchair.
Her only answer was that she had been exposed to harmful chemicals on the job. Prison officials have
not admitted the program caused any health problems and Billingsley noted that operations to break cathode ray tubes -- which
experts consider the most dangerous part of the job -- did not begin until after Smith left the prison in 2006.
Smith joined the lawsuit because she believed that her former employer had a responsibility to protect
the inmates and workers, she said.
"I'm not angry," Smith said in June. "But I think they could let people know you need to wear a mask
before coming into the area, and keep the gate locked, so the dust can't just get through there."
Kristin Jones is a Fellow at the Toni Stabile Center for Investigative Journalism.
FAIRFIELD TWP. - There's a ratio of 1 guard to 400 inmates at the Federal Correctional Institution
(FCI) in Fairton.
David Gonzalez, local president of the American Federation of Government Employees Council of Prison
Locals-Local 3975 at FCI Fairton, asked the township's help in getting needed funding from local legislators at the township
committee meeting last week.
"We're having issues with shortage of staffing," he said.
Gonzalez stressed to Mayor Marion Kennedy and the township committee the seriousness of the situation,
citing the recent stabbing of corrections officer Jose Rivera on June 20 at United States Penitentiary in Atwater, Calif.
"It could be me that we're planning a funeral for," he said to the committee. "Every one can't
do that job. It's already an unsafe environment ... to have to go through the pressures we have to go through every day. He implored the committee to write letters to congress to fund the local prisons. "Our
safety is paramount," he said. Kennedy asked that a resolution be drafted in support
of additional funding.
The mayor said he would also contact government officials personally in support. "If we're dealing with one guard to 400 inmates, if something was to happen, we'd be in trouble."
Gonzalez later asked the public's support in contacting their representatives in a letter to the
editor in the News on June 19.
He said there are 1569 inmates in FCI as of Friday.
"We need to put pressures of the legislators to fund prisons the way they need to be funded," he
said. "We have equipment problems. We can't purchase the proper safety equipment. "We
have secretaries doing corrections officers work." It's not just a local problem either,
with the entire Federal Bureau of Prisons (BOP) overcrowded by 37 percent, up from 31.7 percent in January 2000 and staffing
at 86.6 percent, compared to where it was at 95 percent in the mid-90's.
He hopes the community will help by contacting representatives at (202) 225-3121, and urge them
to provide the BOP with needed funding to solve its overcrowding and understaffing problems.
Carney frets over pen’s staff
By Gina Morton The
Daily Item
LEWISBURG — A recent visit to the U.S. Federal Penitentiary at Lewisburg raised his concern
for the well-being of prison workers, U.S. Rep. Chris Carney said, and reinforced his belief that the federal government needs
to spend more to reduce the inmate-to-staff ratio.
"While state facilities like Texas, California, Florida and Michigan have staff inmate ratios at 3.33
to 1," Carney said in a statement, "the Federal Bureau of Prisons has a 4.92 to 1 ratio, the highest-ever during modern times
and up from 3.57 to 1 a decade ago.
"The BoP would have to hire an additional 9,000 employees just to get back to the 3.57 level," said
Carney, D-10 of Dimock. "Bureau facilities are currently 37 percent overcrowded, and at some facilities, that number is as
high as 76 percent."Cost-cutting risky
The inmate-to-staff ratio in Pennsylvania state prisons is 2.9 to 1, a spokeswoman said Tuesday.
Recently, officials with the union representing federal corrections officers said cost-cutting is
putting workers at U.S. penitentiaries, including those in Allenwood and Lewisburg, at risk.
Tony Liesenfeld, secretary/treasurer of the American Federation of Government Employees Local 148
at the Lewisburg Penitentiary, said for the past four years union leaders have been lobbying lawmakers and administrators
to stem the staff reductions.
The higher inmate to staff ratios reflect inadequate funding, Carney said.
In July, the Federal Bureau of Prisons proposed $143 million in possible spending cuts, including
not replacing vehicles and equipment, eliminating overtime, reducing corrections officer training and possibly cutting some
officer staff positions.
"As a member of the Congressional Correctional Officers Caucus," Carney said. "I have sponsored numerous
pieces of legislation important to the safety and well-being of our corrections officers. It’s been one of my priorities
to meet with labor leaders from various federal correctional facilities throughout Northeast and Central Pennsylvania and
they know that my office door is always open to their concerns."
Carney said he has visited the three local federal correctional facilities — including those
in Allenwood and Lewisburg — and at each, officials spoke of the understaffing, growing inmate population and funding
shortfalls.
"This March, I (sought) ... $5.55 billion for the BOP salaries and expenses account and $400 million
for the BOP buildings and facilities account for fiscal year 2009 to ensure our federal prisons are adequately staffed and
safer environments for our neighbors and communities," Carney said. "This year, the letter was signed by 16 members of Congress,
the greatest number in recent memory seeking an increase for Bureau of Prisons funding."
Liesenfeld said the staff at Lewisburg was enthusiastic with Carney’s visit.
"The staff have felt that their concerns have fallen on deaf ears of the Bureau of Prisons administration,
and we’re happy to see the congressman touring Lewisburg first-hand to see the limited staffing and excessive inmate
population," Liesenfeld said.
He also noted the AFGE Local 148 hopes to work with the management of the facility through "these
trying times."
INMATE STABBED TO DEATH IN FLORENCE
Friday, August 15, 2008 Third federal inmate killed in the past four
months. By TRACY HARMON THE PUEBLO CHIEFTAIN
FLORENCE - Another inmate has died at the high security U.S. Penitentiary, marking the third inmate
death in less than four months. According to Fremont County Coroner Dr. Dorothy Twellman, the victim was identified as
Mark James Baker, 40.
Baker died about 3 p.m. Sunday after he was stabbed several times by another inmate. Baker, who had been
transferred to the prison just a couple of months ago, was playing cards with inmates in a prison common area when another
inmate approached him from behind and stabbed him twice in the neck. The inmate walked away then came back and stabbed
Baker again as he lay prone on the ground, Twellman said. The cause of the altercation was not known. Twellman said Baker
was stabbed with a metal shank. The autopsy revealed the carotid artery was cut as was the spinal column and Baker died immediately.
Baker was transported to St. Thomas More Hospital in Canon City where he was pronounced dead on arrival. A suspect has
been identified but his name was not known.
"Inmate on inmate murder should not be the norm in any prison system," said Rep. Liane "Buffie" McFadyen,
DPueblo West, who has tried to call attention to prison staffing issues. "That happens as a result of shortage of staff. "They're
not able to get into the cells quickly enough when assaults are under way," she said.
The prison was locked down following the incident, however the lockdown was lifted Thursday.
On April 20, two inmates died as the result of a riot at the high security U.S. Penitentiary after
they were shot by guards who were attempting to subdue 150-200 out-of-control inmates.Federal Bureau of Prisons spokesperson
Mike Stewart of the regional office confirmed the Sunday's stabbing was a homicide, which is under investigation by the FBI.
August 15, 2008 03:52 am
By ROBERT BOCZKIEWICZ THE PUEBLO CHIEFTAIN
DENVER - The nation's top law enforcement
officer said Thursday the four federal prisons in Florence "are properly staffed." U.S. Attorney General Michael Mukasey made
the comment in response to a question from The Pueblo Chieftain. He was asked how his administration is dealing with problems
of staffing, safety and security at the prisons.
Mukasey, head of the Justice Department, was meeting with federal, state and local law enforcement officers
for the first time in Denver since taking office in November. Federal prisons, through the Bureau of Prisons, are part of
the department. "We recognize the Bureau of Prisons has taken a major hit under its current budget," Mukasey replied
to The Chieftain during a news conference. "We feel staffing has been adequate." He said the department is monitoring
the situation. "All prisons are stressed." Referring specifically to the prisons in Florence, Mukasey said, "We believe they
are properly staffed. That does not mean something can't go wrong."
State and federal legislators have raised concern over the years about whether there are enough guards
at the prisons. One of them, the high-security penitentiary, has a history of violence and riots. U.S. Sen. Ken Salazar, D-Colo.,
in April told the attorney general in a letter he is concerned the practice of transferring guards among prisons when
security needs arise "may leave other facilities dangerously understaffed." Salazar made his comment soon after a riot
at the high-security penitentiary by 150-200 inmates in which two inmates were shot to death by guards in towers. Off-duty
guards and guards from other prisons were called to quell the riot. Another inmate died Sunday after being stabbed several
times by another inmate at the high security penitentiary. Salazar's letter said he was requesting a report from the U.S.
Government Accountability Office examining "the critical staffing and security needs of the Florence campus, which I believe
is necessary given the failure by the Department of Justice to address these security concerns in a meaningful way."
Salazar "continues to believe action should be taken to improve security (at the Florence prisons) and
that the Bureau of Prisons should devote more resources to provide adequate staffing," a spokesman said Thursday in response
to a request from The Chieftain for comment.
Spokesman Michael Amodeo said the GAO report will cover staffing overall in the federal prison system,
with a specific focus on Supermax. Meanwhile, a frequent advocate of sufficient funding and staffing at prisons, State
Rep. Liane "Buffie" McFadyen, D-Pueblo West, questioned Mukasey's comments.
"If the attorney general is acknowledging the Bureau of Prison budget is taking a hit, where is the
hit happening if he also says staffing is adequate. That appears to be incongruent." She said federal prisons nationwide are
short 2,300 employees. "Florence is not alone." McFadyen said she thinks the penitentiary "is staffed pretty well." She said
she has not "heard about real changes at Supermax" and "has not heard concern" about staffing at the other two prisons,
the medium security Federal Correctional Institution and the minimum-security prison camp. Staff for Sen. Wayne Allard, R-Colo.,
did not respond to a request for comment on the attorney general's remarks.
Friends and Family of Correctional Officers Protest
Tuesday, August 12, 2008 | 7:13 PM
By Sara Sandrik
Merced, CA, USA (KFSN) -- A grassroots group says
it's making progress in the effort to improve safety at federal prisons.
The movement began after authorities said Officer Jose Rivera was stabbed to death by two inmates inside the U.S. Penitentiary in Atwater on June 20th.
A group called "Friends and Family of Correctional Officers" was formed just one month ago and already has hundreds of members. The organization says it's making
an impact by keeping the issue of officer safety in the spotlight.
"Do you agree they should have stab resistant vests? Yes!"
More than a hundred people packed this Atwater parking lot to show their support for improving correctional
officer safety.
James Spencer: "The officers who are currently working cannot speak out like I can, and by God, I'm
gonna speak out until I die ... "
The mother of murdered officer Jose Rivera says she's determined to keep other families from suffering
the way hers has...
Terry Rivera: "We're still hanging in there, it's pretty hard still, but we're hanging in there."
This grassroots group is calling for increased staffing, as well as stab-proof vests and non-lethal
weapons for all correctional officers. They have the support of several city councils, Congressman Dennis Cardoza, and more
than 600 members from across the country. Mary Ellen Estrella joined the effort in hopes of protecting her son, who worked
with Rivera shortly before his death.
Mary Ellen Estrella, Mother of Correctional Officer: "I'm concerned for his safety. I think if they
have safety vests and proper safety equipment maybe they have a chance if something like that happens again."
The union that represents correctional officers says pressure from the community has encouraged the
Federal Bureau of Prisons to consider changes the agency has previously denied.
Bryan Lowry, Union Pres.: "At this point we have tentatively reached an agreement to provide this
safety equipment to staff, however there is no purchase date, the agency still hasn't negotiated a contract with vendors to
provide the vests."
Teri Rivera says this is just the beginning of her mission to protect other officers and make her
son proud.
Terry Rivera: "I think he's very happy because we're out here trying to get something done so other
officers can be safe."
Late this afternoon we received a response from the Federal Bureau of Prisons.
A spokesperson says the agency is going to make three changes, starting at high security institutions.
The bureau plans to make vests available to officers, add two more staff members, and require inmates
to be moved in smaller groups.
Guard survives Iraq, dies on job at U.S. prison
ATWATER, California (CNN) -- Jose Rivera survived two tours of duty in Iraq, but
his job as a corrections officer at a high-security federal prison in California cost him his life.
Jose Rivera was guarding 100 inmates when he was stabbed to death at a federal prison in California.
Two inmates using a homemade shank are accused of stabbing Rivera to death in June at the United States Penitentiary in Atwater,
California.
The inmates -- Jose Sablan, 43, and James Guerrero, 40 -- were indicted in August and charged with
murder. They have not entered a plea. "It was two against one, you know, and no one helped him," said Rivera's mother, Terry.
"I didn't think that it would happen, but it was not safe for him to work there." Rivera was 22 and had been in his job at
the 960-plus inmate prison for just 10 months when he died.
He was alone guarding about 100 inmates at the time of the attack and had a radio to call for backup
in case of trouble. He didn't have what many guards in California's state prisons routinely count on: pepper spray, a protective
vest and a collapsible baton. Federal officers are not allowed to have those items.
CNN asked the federal Bureau of Prisons why it opposes giving its corrections officers nonlethal weapons.
In a statement, the bureau said that the issue is under review and that no final decisions have been made. "However," the
bureau added, "we also know through 75 years of experience that federal correctional facilities are managed most effectively
through frequent and direct communication with inmates."
"I would call that unproven," said Chad Trulson, a criminal justice professor at the University of
North Texas who has studied prison issues. "I don't think that will diminish their communication at all" by giving officers
these weapons. He added that although non-lethal weapons would do little to stop inmates already inclined to attack, they
would "make a world of difference" for the officers' safety.
Rivera's death has generated support for more protective gear and nonlethal weapons for federal corrections
officers and has brought nationwide attention to the threats facing them, according to guards and their union officials.
One officer who has worked for several years at Atwater, where Rivera was killed, said he feels threatened
every day. Unless the federal government provides additional protection, he said, he's thinking about leaving the job. The
officer requested that his name not be used because he fears retaliation. He recounted how a fellow corrections officer's
jaw was broken in nine places in an inmate attack last year.
"Every single inmate in there is armed to the teeth for his own protection," the officer said. "I
am not Bruce Lee, so I can't take on 110 inmates by myself. ... Every day, it is like David vs. Goliath. You are taking on
the world by yourself."
Prisoners make shanks like the one used to kill Rivera and other weapons from otherwise benign objects:
toothbrushes, toilet parts, cookie sheets, ice picks and kitchen utensils, to name a few. Gang rivalries exacerbate a volatile
situation.
Gearing up isn't the only solution, said union officials who represent the federal prison system's
15,427 officers. The American Federation of Government Employees said the federal prisons are severely overcrowded and understaffed.
On average, they are at 136 percent of capacity.
"The homicide rates among the inmate populations are at the highest levels they've ever been in the
history of the Bureau of Prisons," said Bryan Lowry, the president of the union's prison councils. "The assaults on staff,
whether weapons or no weapons, has intensified."
More officers are needed to ensure safety in the federal prisons, which house 165,000 inmates, the
union said.
The Bureau of Prisons said that 14 percent of its jobs are unfilled at its 114 prisons and that there
is an "urgent need" for officers at several of the high security penitentiaries.
It is taking specific action at Atwater by offering a 17 percent recruitment incentive for new hires.
But the bureau disputed that violence toward guards is on the rise.
Federal officials said the rate of "serious assaults" on staff at penitentiaries has not increased
over the past several years. But they said inmate assaults on both staff and fellow prisoners are more severe.
While not agreeing to provide officers with pepper spay or batons, the bureau said it has reviewed
operations at 12 high-security prisons and is making some changes. The agency said it will buy protective vests and divide
inmates into smaller groups when they are being moved. Two staff members will be added to beef up supervision at the prison
housing units.
"The safety and security of our staff continues to be the highest priority of the Bureau of Prisons,"
the bureau said in its statement. It refused an interview request.
Officials in California's state prison system opened their doors for a CNN crew and talked openly
about the nonlethal weapons and other protective gear that have become standard issue.
In the state prisons, each guard wears a stab-resistant vest and carries a can of pepper spray and
an expandable baton. Officers said they would feel completely vulnerable if they didn't have them.
"The population is just too unpredictable, and you never know if they are going to turn on you or
not," said James Walker, warden at the California State Prison-Sacramento.
At that institution, more than 3,000 prisoners are housed in sections depending on their history of
violence, whether they have any mental health problems or whether they have posed any danger while incarcerated.
Prison officials said the pepper spray is used several times a week to quell incidents, and officers
use their batons at least a few times a month.
Union officials said Thursday they're moving closer to reaching a deal with the U.S. Bureau of Prisons
to make stab-resistant vests available to all federal correctional workers.
Union officials began demanding safety-related reforms across the federal prison system after two
inmates fatally stabbed Jose Rivera, a correctional officer at U.S. Penitentiary Atwater, inside a housing unit at the prison
in June.
Rivera, a 22-year-old Navy veteran, was alone with more than 100 inmates June 20 when he was stabbed
in the heart with a handmade shank.
Though guards in many state prisons and local jails often carry weapons and wear stab-resistant vests,
federal prison policies have barred such equipment.
National union officials met Thursday with the Bureau of Prisons. Though the bureau previously agreed
to widen its use of protective vests, union leaders hope to make them mandatory, said Bryan Lowry, president of the Council
of Prison Locals of the American Federation of Government Employees.
The union also wants to ensure the bureau buys high-quality vests that will stop all types of sharp
weapons inmates are known to fashion inside prisons.
Bureau officials would not discuss Thursday's meeting. Lowry characterized it as a productive session
where the union and the bureau each staged demonstrations to show the effectiveness of the two types of vests the sides have
proposed.
Ultimately, no decisions emerged from the meeting. But Lowry said he left feeling optimistic.
"They basically told us that what we want isn't out of reach," he said, adding that the bureau promised
to give a formal answer on the vests by next week.
Union officials also have demanded staffing increases across the federal prison system and policy
changes that would make nonlethal weapons, such as batons and pepper spray, standard equipment for officers.
Lowry said neither of those issues was discussed Thursday, though the union plans to continue pursuing
both.
In an e-mail Thursday, a spokeswoman reiterated that the Bureau of Prisons' plans to increase staffing
as some facilities. It also plans to rework inmate movement schedules so that only certain portions of a prison's population
are allowed to move from one location to another -- to their cells, to meals, to classes, work or church -- at a time.
"The (bureau) will implement changes at high-security institutions first and consider changes to other
institutions in the months ahead," wrote spokeswoman Traci Billingsley.
Rep. Dennis Cardoza, D-Merced, also has called for stab-resistant vests, more funding to adequately
staff federal prisons and pay increases for Atwater penitentiary officers. He recently introduced legislation that would make
the vests mandatory for all federal correctional officer.
The Atwater prison, which houses roughly 1,100 high-security inmates, is still on lockdown as a result
of Rivera's stabbing.
Correctional officers at the prison, speaking on the condition of anonymity, said this week they finished
shaking down the institution, searching prisoners and cells for weapons.
The Bureau of Prisons has offered no timeline for when the lockdown might end. USP Atwater's spokesman,
Jesse Gonzalez, and its warden, Dennis Smith, didn't return phone calls Thursday.
Rivera, who lived in Chow- chilla, had worked at the Atwater facility for about 10 months.
The FBI's Fresno office is investigating his death.
The two inmates suspected of killing Rivera, James Leon Guerrero and Joseph Cabrera Sablan, have not
yet been charged.
The U.S. Attorney's Office, which would prosecute the pair, declined to say why charges haven't been
announced or when they might come.
LETTERS FROM FEDERAL PRISONERS GOING ELECTRONIC
MIAMI (AP) - When Melvin Garcia was sent to prison almost a decade ago for racketeering,
he had never used a computer. Now he sends 50 e-mails a month from a federal prison in West Virginia, punctuation notes with
emoticons.
Garcia, 38, is among thousands of prisoners at more than 20 federal facilities where
inmates now have inboxes. By the spring of 2011, all 114 U.S. prisons are expected to have e-mail available for inmates.
The program, started several years ago, has reduced the amount of old-fashioned paper
mail that can sometimes hide drugs and other contraband. Just as important, officials say, e-mail helps prisoners connect
regularly with their families and build skills they can use when they return to the community.
For Garcia, that means learning the computer. "Lets just say that my previous employment
didn't require it :0)," he joked in a recent e-mail.
The system inmates use isn't like programs used in most offices and homes. inmates aren't
given Internet access, and all message are sent in plain text, with no attachments allowed. Potential contact get an e-mail
saying a federal prisoner wants to add them to their contact list and must click a link to receive e-mail, similar to accepting
a collect call from a lockup.
Once approved, prisoners can only send messages to those contacts- they can't just type
in any address and hit send. Also, contacts can change their mind at any time and take their name off the prisoner's list.
Scott Middlebrooks, the warden at Coleman federal prison northwest of Orlando, said his
inmates sent more than 3,200 messages and received some 2,800 a day last month through the system, which is called TRULINCS
and run by Iowa-based Advanced Technologies Group Inc.
The Federal Bureau of Prisons says the system pays for itself with some of the proceeds
from prison commissaries. Inmates also pay 5 cents per minutes while composing or reading e-mails.
Security, of course, is a concern. That's why the messages can be screened for keywords
that suggest an inmate may be involved in a crime, or read by a corrections officer, just like paper letters. That can
create some lag time between when messages are sent and received.
Without analyzing the program specifically, it would be impossible to tell whether inmates
could abuse their e-mail privileges, said Bruce Schneier of the security firm BT Counterpane. Coded messages could be sent
over e-mail, but that could happen just as easily over the phone, he said.
Despite possible delays for security screens, prisoners and their families say e-mail
is still far faster than paper mail. In the past is sometimes took Garcia two days to get urgent news from his fiancee, Rita
Torres. Her express mail letters letting him know that a friend had been in a car accident and that a relative had had a miscarriage
were delayed.
Now, she said, she e-mails him three times a day and gets about as many e-mails
back, making it feel as though they are "living in the same house" even though she is five hours away in New Jersey.
The e-mails don't replace phone calls, but those are limited to five hours a month, and
Torres still send letters, some sprayed with perfume.
What e-mail does, however, is provide another link to the outside for Garcia and other
inmates.
"Receiving an e-mail is like receiving a letter, " William Nerlich, a federal prisoner
in Georgia who has another six years to serve on a weapons charge, wrote in an e-mail to The Associated Press. "It makes you
happy to be thought of."
United States Government Accountability Office: GAO:
May 2008:
Prison construction:
Clear Communication on the Accuracy of Cost Estimates and Project Changes Is
Needed:
GAO-08-634:
GAO Highlights:
Highlights of GAO-08-634, a report to the Subcommittee on Commerce,
Justice, Science, and Related Agencies, Committee on Appropriations, U.S. Senate.
Why GAO Did This Study:
The
federal Bureau of Prisons
(BOP) is responsible for the custody and care of more than 201,000 federal offenders. To provide housing for the federal prison population, BOP manages the construction and maintenance of its prison facilities
and oversees contract facilities. GAO was asked to look into recent increases in estimated costs for Federal Correctional Institution (FCI) construction projects
located in Mendota, CA; Berlin, NH; and McDowell, WV, which have led to almost $278 million or 62 percent more being provided
in funding than initially estimated. This report addresses (1) the reasons for the changes to the estimated costs and (2)
the actions BOP has taken—or plans to take—to control future cost increases and delays. GAO reviewed and analyzed
BOP’s fiscal years 2001 to 2009 budget documents, files for these three
projects, and project management guidance. GAO also reviewed government and industry guidance on project management and
met with BOP officials.
What GAO Found:
For these three projects, delays in starting construction or disruptions
in available funding that interrupted construction contributed to increases in cost estimates due to inflation and unexpected
increases in construction material costs. According to BOP officials, delays resulted from problems with selecting and approving
the sites for the prisons and with the availability of funding. BOP officials stated that they expected costs to increase
by the inflation rate during the delay period, but did not anticipate that market forces would cause the construction
costs to increase above the inflation rate, as they did. For example, steel prices rose about 60 percent and oil prices rose by almost 170 percent between the time that BOP prepared the initial cost estimates
for these projects and when construction was ready to begin. In addition, because BOP estimates initial project costs early
in the planning process, generally before an actual prison location is selected, variance from the initial estimates would
be expected to some extent, even if the projects are not delayed. BOP, like other agencies, is not required to communicate
how much it expects costs may vary from its estimates in its budget documents. Without such information, Congress and other
stakeholders do not know the extent to which additional funding may be required to complete the project, even absent any project
delays.
BOP eliminated or reduced portions of two projects to remain within the amount that was funded and plans to
use its construction management policies
and procedures to control further cost increases and schedule delays. When awarding the contract for FCI Mendota
in 2007, BOP eliminated a UNICOR facility, which would have provided additional employment and job skills training opportunities
for inmates, and the minimum-security prison camp. At FCI Berlin, BOP eliminated the UNICOR facility when it awarded the contract
in 2007, but subsequently added a smaller UNICOR facility to the project, which will be paid for by UNICOR. Intended to reduce
costs, these changes also reduced the functionality of the two prisons, deviating from what BOP planned and requested funding
for. In the subsequent budget submission to Congress and other stakeholders, BOP did not clearly communicate these changes,
since BOP does not provide such detailed project information. Now that BOP has awarded the construction contracts for the
three projects, BOP officials believe that their construction management policies
and procedures will allow them to control cost increases and schedule delays. These policies and procedures reflect current
government and industry project management practices to monitor and track
projects, and to report on their status. Furthermore, BOP officials said that they plan to continue to avoid making changes
that would increase construction costs after construction begins. GAO did not evaluate the effectiveness of BOP’s
construction policies and procedures in controlling cost increases and schedule delays on these projects because while construction contracts were awarded,
little construction had been done.
What GAO Recommends:
GAO recommends that the Attorney
General of the United States instruct the Director of BOP to clearly communicate in DOJ’s annual congressional
budget submission (1) the extent to which project costs may vary from initial estimates and (2) changes that may impact the
functionality of projects. BOP agreed with GAO’s recommendations.
To view the full product, including the scope
and methodology, click on [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-634]. For more information, contact Terrell Dorn at (202) 512-6923 or dornt@gao.gov.
Project Delays Contributed to Increased Cost Estimates,
and the Imprecise Nature of Estimates Was Not Communicated to Congress and Other Stakeholders:
BOP Has Eliminated
or Reduced Portions of Two Projects, and Plans to Use Its Construction Management
Policies and Procedures to Control Cost and Schedule Changes:
Conclusions:
Recommendations for Executive
Action:
Agency Comments:
Appendix I: Objectives, Scope, and Methodology:
Appendix II: FCI Mendota,
FCI Berlin, and FCI McDowell Project Estimates, Budget Requests, and Funding for Fiscal Years 2001-2009:
Appendix
III: Comments from the Department of Justice, Federal Bureau of Prisons:
Appendix IV: GAO Contact and Staff Acknowledgments:
Table:
Table 1: Bureau of Labor Statistics' Indexes:
Figure:
Figure 1: FCI Mendota in California and FCI Forest City in Arkansas:
Abbreviations:
BOP: Bureau of Prisons:
CII: Construction
Industry Institute:
CPC: Capacity Planning Committee:
DOJ:
Department of Justice:
EPA: Environmental Protection Agency:
FCI:
Federal Correctional Institution:
ICIPPI: Inputs to Construction
Industries Producer Price Index:
LRPC: Long-Range
Planning Committee:
OMB: Office of Management and Budget:
[End of section]
United States Government Accountability Office: Washington,
DC 20548:
TERRE HAUTE, Ind. (WISH) - A fight at the Federal Correctional Facility in Terre Haute sent nine inmates to
area hospitals. The facility remains locked down.
Prison officials say a fight broke out among inmates in the recreation yard of the facility. It happened at
about 8:30 Sunday morning.
No staff members were injured.
The nine inmates hurt in the brawl are expected to be okay.
United States Penitentiary Atwater meeting stirs outcry
Thursday, Jul. 31, 2008
By CORINNE REILLY creilly@mercedsun-star.com
Two community leaders were blocked from attending a session held at the facility.
Photo by George MacDonald Merced Sun-Star
(Andy Krotik, left, and Dennis Anderson, community leaders and prison-safety advocates, were kept out of a meeting Wednesday
at the U.S. Penitentiary Atwater. According to Krotik, the pair's request to attend the meeting was denied and they were told
they would be arrested if they attempted to enter the facility.)
ATWATER -- Two community leaders who've led the charge against failed safety policies at U.S. Penitentiary
Atwater say they were barred from a community meeting at the prison Wednesday and threatened with arrest in retaliation for
speaking out.
Since the prison opened in 2001, it has held quarterly community meetings with representatives from local
governments, community organizations and law enforcement agencies to discuss concerns and share information about the prison's
operations.
A community meeting held at the prison Wednesday was the first since 22-year-old Jose Rivera, a USP Atwater
correctional officer, was stabbed to death last month by two inmates wielding handmade weapons inside a prison housing unit.
In the wake of Rivera's death, a group comprised mainly of relatives of USP Atwater correctional officers
formed to demand safety-related policy changes at the prison. Members say they're speaking out on behalf of the officers because
the officers could face retaliation at work for speaking out themselves.
Two former Atwater city council members, Andy Krotik and Dennis Anderson, have led the group calling for better
staffing and more protective equipment for correctional officers.
Both have attended community meetings at the prison before, but both were kept out of Wednesday's meeting.
"I think they're aware of what our group has been asking for, and I think they're aware that we planned to
come with some very pointed questions about what's being done to improve the safety situation," Krotik said. "I think they
just didn't want to deal with that."
He added, "I see this as the warden poking his finger in the public's eye."
A spokesman for the prison, Jesse Gonzalez, said he couldn't discuss why Krotik and Anderson weren't allowed
to attend Wednesday's meeting. USP Atwater's warden, Dennis Smith, didn't return phone calls.
Krotik said he and Anderson both sent in the R.S.V.P. to attend the meeting last week in compliance with the
prison's policy. On Tuesday, Gonzalez called saying that Krotik and Anderson wouldn't be allowed in.
"He didn't really give me a reason," Krotik said. "He just said that the warden said we couldn't come. I asked
what would happen if we showed up anyway, and (Gonzalez) said we could be arrested for trespassing on federal property."
Krotik said the prison's decision to exclude him is especially disappointing because he personally worked
to bring the institution to Atwater, arguing that it would benefit the area.
"When the (U.S.) Bureau of Prisons was looking to build here, they said they wanted to work with the community
-- they wanted to talk to us," recalled Anderson, whose son works as a correctional officer at USP Atwater. "It doesn't look
that way now. I don't understand it. We haven't advocated anything but basic safety measures to protect the officers."
In the wake of Rivera's June 20 death, officials at USP Atwater and the Bureau of Prisons have released few
details about what happened that day and about what safety-related reforms they may make as a result.
Those who attended Wednesday's meeting said prison officials offered no new information.
"It was pretty much what we knew before," said John Carlisle, a Merced city councilman. "They didn't want
to talk about specifics at all. They were pretty careful to avoid them, actually."
National union leaders and the local group demanding reforms have called for increased staffing inside federal
prisons and policy changes that would make stab-resistant vests and nonlethal weapons, such as batons or Tasers, standard
equipment at USP Atwater.
Rivera was alone with more than 100 inmates when he was attacked. He was equipped with only a radio, keys
and a flashlight.
Rep. Dennis Cardoza, D-Merced, also has called for stab-resistant vests, more funding to adequately staff
federal prisons and pay increases for USP Atwater officers.
Officials with the Bureau of Prisons have agreed to work with union officials to meet some safety-related
demands. Though specifics have yet to be finished, the bureau has promised staffing increases inside some prisons and wider
use of protective vests.
Though he asked, Carlisle said prison officials offered no new details on those changes during Wednesday's
meeting.
Jim Sanders, a Merced city councilman who was planning to attend the meeting, said he decided instead to boycott
it because Krotik and Anderson weren't allowed to attend.
Others who attended also criticized the prison for excluding them. "It doesn't seem right to me," said Joe
Rivero, an Atwater city councilman. "It makes it seem like they're trying to censor certain voices."
USP Atwater is still on lockdown as a result of Rivera's stabbing. Gonzalez said the prison has no timeline
for when the lockdown may end.
Correctional officers at the prison, speaking on the condition of anonymity, said they have spent recent weeks
shaking down the institution, searching prisoners and cells for weapons.
The Sun-Star published a story earlier this month detailing what several USP Atwater correctional officers
said are failed safety policies at the prison.
Besides low staffing and a lack of protective equipment, the officers said USP Atwater doesn't adequately
search inmates for weapons or punish inmates who act out violently.
Lockdowns at Atwater are often ineffective because they're too short, the officers said.
They said assaults on officers and fights among inmates have increased dramatically in the past two years
or so.
Rivera, a Navy veteran who lived in Chowchilla, had worked at USP Atwater about 10 months.
The FBI's Fresno office is investigating his death. The two inmates suspected of killing Rivera, James Leon
Guerrero and Joseph Cabrera Sablan, still haven't been charged.
The Exponent Telegram
Clarksburg, West Virginia vol. 144 No. 208
Sunday July 27, 2008
(front page)
Lockdown
Federal prison in Preston County is one of nation’s most violent, figures show
by Jim Fisher METRO EDITOR
CLARKSBURG - U.S. Penitentiary Hazelton in Bruceton Mills has a reputation for being among the most
violent correctional facilities in the federal system.
And that reputation seems to be well-deserved, according to figures from both the U.S. Bureau of Prisons
and a correctional officers’ union.
The Bureau of Prisons ignored several requests for comment about Hazelton and prison violence in general
across the state.
There are 114 institutions in the federal system, with more than 200,000 inmates, according to the
BOP.
Of those, just 11 are U.S. Penitentiaries, designated as USP, including Hazelton.
Those Facilities are "where some of the worst inmates are housed," according to Dwayne Person, Mid-Atlantic
Regional vice president of the Council of Prison Locals, a prison staff union.
Person agreed that the assault rate in all facilities is increasing, and said Hazelton is second only
to USP Big Sandy in Kentucky in his region in terms of incidents of violence.
In addition to the kinds of prisoners housed in USP’s, two other major factors are staffing
cuts and prison over-crowding, Person said.
According to BOP figures supplied to U.S. Rep. Alan B. Mollohan, D-W.Va., Hazelton is one of the most
overcrowded facilities in the system.
Hazelton was built for 960 inmates but has between 1,600-1,700. In BOP terms, Hazelton is 68 percent
overcrowded while the average at similar facilities is 45 percent.
Mollohan has been concerned about prison overcrowding and violence, especially in his home state’s
Hazelton, and in February sent a letter to BOP head Harley Lappin expressing those concerns.
For the union, another major concern is the way incidents are reported, Person said. The BOP often
tried to downplay reports of violence as isolated incidents, he said.
And even getting the figures from the agency is difficult. Federal BOP officials did not respond to
several requests from The Exponent Telegram for records detailing instances of violence in the system.
Only after contacting Mollahan’s office was some of the information released, dating back to
just 2005. And the records only gave the number of adjudicated assaults, not all reported incidents.
While such information is not readily available from Bureau of Prisons, the Council of Prison Locals’
Web site keeps daily tabs on lockdowns.
Person noted that the site only lists lockdowns that the union is specifically made aware of, so there
potentially could be other incidents not listed.
According to the Council of Prison Locals 33, from late March/early April 2007 until the present,
there have been 110 incidents at federal prisons resulting in a lockdown.
Reasons for the lockdowns range from general misconduct and fights to stabbings and murders.
(Continued on page A8)
According to the site, two prisons in Louisiana and Oregon ended lockdowns last week, while two more
- including Hazelton - remained locked down.
Over the past 16 months, Hazelton has been locked down an additional five times according to the site:
June 24-30 for an inmate disturbance; May 26-June 2 for an inmate disturbance/stabbing; May 8-12 for an inmate taking a staff
member hostage; for an unspecified amount of time beginning Dec 21 for a gang-related disturbance; and June 8-12, 2007, for
an inmate disturbance.
FCI Gilmer had four lockdowns, according to the site: Feb 12 for an inmate disturbance; July 8, 2007
for an inmate assaulting a staff member; June 25-26, 2007 for a bomb threat; and April 18-20, 2007, for a staff assault and
an inmate being stabbed 18 times.
Just three prisons in the federal system - Big Sandy, Ky. (13), Tucson, Ariz. (11), and Terre Haute,
Ind (nine), were locked down more than Hazelton over that time period, according to the site.
USP Lewisburg in Pennsylvania also had six lockdowns, and FCI Victorville, Calif. had five, according
to the site.
U.S. Bureau of Prisons figures indicate there have been seven adjudicated incidents of serious assaults
by Hazelton inmates on staff members since 2005.
That accounts for 3.5 percent of all adjudicated incidents across the entire system during that time
period (seven incidents at Hazelton; 197 total incidents).
There also were 64 adjudicated incidents of serious inmate-on-inmate assaults since 2005, which is
6.7 percent of the systemwide total of 840.
However, from January to April of this year, Hazelton accounted for nearly a fifth of all adjudicated
inmate-on-inmate incidents, with 16 of the 81 reported across the system.
"There are a lot of concerns and we are consistently working...to try to lower the hazards," Person
said.
Editor’s note: Edward V. Smith, USP senior officer specialist and executive vice president
of the American Federation of Government Employees McCreary Local 0614, an AFL-CIO union affiliate that represents guards
at USP McCreary County, has issued the following open letter critical of federal funding cuts and their ramifications on operations
of the Federal Bureau of Prisons.
To Whom It May Concern:
Since 2004 the Bush Administration has continuously
cut funding for the Federal Bureau of Prisons. The number of serious assaults (resulting in serious physical injury) on staff
have more than doubled along with a young officers homicide during the month of June. The number of serious inmate assaults
( resulting in the serious physical injury) has more than quadrupled since 2004 and the number of inmate on inmate Homicides
has jumped from 6 in 2005 to 7 in 2006, and a dramatic jump in 2007 to 12. This year alone there have been 15 inmate on inmate
homicides with another six months remaining.
AFGE Local 614 warns that staffing levels are decreasing while inmate
population and violence levels are increasing, leaving the correctional officers and the communities in grave danger. These
statistics are evidence of a growing problem with budget cuts showing a direct link to the loss of human life
This
year our budget was cut $400 million and we have had our highest homicide rate ever. On June 20, 2008 we also lost one staff
member Jose Rivera 22 years old to inmate violence at the penitentiary in Atwater CA. Officer Rivera’s death is directly
linked to inadequate safety procedures, total lack of safety equipment, as well as insufficient staffing because of budgetary
concerns.
Central gun towers have fired 12 different times within this first half of the year alone. In two separate
instances staff used deadly force resulting in the death of 2 inmates at U.S.P. Florence, 1 death at FCI-Three Rivers, and
one serious injury at U.S.P. Big Sandy. Physical violence is growing in our countries Federal Prisons due to under funding
and under staffing, we currently do not have enough staff inside our institutions to control the increasingly violent inmate
population. We also do not have the equipment necessary to protect staff.
• In the states of California , New
Jersey, and Pennsylvania and the City of New York it is mandatory that Correction Officers wear stab resistant vests.
•
New York City Commissioner of Corrections Martin F. Horn in a press release (January 2008) stated that serious assaults were
down 25 percent due to the use of OC Pepper Spray used under departmental guidelines .
• Connecticut is pushing
legislation through to have it mandatory for their officers to wear stab resistant vests
• Multiple other states
offer stab resistant vests to staff to wear on a voluntary basis.
Currently in Pine Knot KY at U.S.P. McCreary the
Warden and Agency has forbidden staff to wear stab resistant body armor even after the death of officer Jose Rivera at U.S.P.
Atwater and ignoring the rise in the number of serious assaults on staff.
The inmate population at U.S.P. McCreary
has steadily risen since February of this year when the security level of the prison was raised from a medium security level
to a high security level. High or Max security level inmates arrive on a weekly basis here at USP McCreary. Due to the rise
in inmate population and the security level of the inmates, violence has been increasing at a alarming rate.
At USP
McCreary in the month of March there were 4 inmate on inmate related assaults, there were 7 for the month of April, 8 for
May, 13 for June and already 16 for the month of July as of this 29th day. Since the beginning of March their have been 17
staff related assaults. These assaults on staff have resulted in several injuries that needed medical attention and the staff
members had to be out of work for several days to recover from there injuries. A few of the staff will need surgery and continued
medical attention for months or longer due to the assaults.
As the violent inmate population increases and the staffing
levels continue to decline with no relief in sight, staff, inmates and the general public are more at risk now than ever before.
We have not lost a staff member to inmate related violence here at USP McCreary as of yet, such as U.S.P. Atwater, but with
out additional staff and the proper equipment it is not a question of if, but of when and how bad.
At USP McCreary
we have 7 gun towers of which only one is manned and it is manned insufficiently. The cost of these towers was over a half
a million dollars each and they sit vacant. Why do they sit vacant??? It is to save money by not manning them.
These
gun towers not only deter escape attempts but they also provide a deterrent to violence on the compound or yard as it is called.
The compound or yard is where the inmates congregate to participate in sporting activities as well as social activity. The
Director testified before the Science-State-Justice-Commerce subcommittee on March 12, 2008 on Capitol Hill. The subcommittee
members of Congress present were Harold Rogers (R) Kentucky, Alan Mollohan (D) West Virginia, Rodney Frelinghuysen (R) New
Jersey, and Robert Aderhol (R) Alabama.
Congressman Rogers asked “What’s your opinion of tower surveillance
over stun lethal fence?” (The stun lethal fence is an untested barrier that is intended to stop escape attempts)
Director
Lappin replies with this lie, “Lethal fence is the way to go.” Towers in new facilities can’t see in the
Recreation yard. It’s a technological advancement.”
Director Lapin has never been in our towers and he
has no first hand knowledge of what can and cannot be seen from the towers. Having worked in the perimeter towers the union/staff
can tell you for a fact that you can see the compound/yard from all the towers. The towers not only protect staff and inmates,
but they also protect the general public. So by not manning these towers not only has the agency wasted tax payer funds they
are also putting the safety and security of staff, inmates and the general public at a higher risk. The union would hate to
try and explain how a member of the community was injured or killed because the Bureau of Prisons and the Justice Department
wanted to save a few dollars.
On December 19, 2007 an article was posted in the McCreary County Record in which Assistant
Warden Ron McLeod noted “that it would be next summer before the prison is once again at full capacity— 1,500
inmates. Before that can happen, USP McCreary must have a fully functional stun-lethal fence. The prison is among the first
10 federal institutions to install such a fence, which is being constructed between the complex’s existing inner and
outer fences. The electrified fence should eliminate posts in the towers. An inmate would first have to scale the inner fence
just to reach the stun-lethal, which at first gives off a stunning jolt but then resets to deliver a lethal shock when touched.”
Well it is now July and the fence is not completed, the towers are not manned and we have almost 1,300 inmates with
more arriving every week.
“It should be a good deterrent [against escape],” Warden Stine said.
Well,
it might deter an escape, but it does nothing to protect the staff or inmates within the confines of the fence. And if an
inmate does get over this fence, there is no tower officer to stop them from getting into the community. Captain Larry Shults
added that the fence should be completed sometime this spring. Well, the spring has come and gone and the fence is not complete
and we do not have a concrete date as to when it will be completed.
Currently at USP McCreary we are at about 83 percent
staffing levels and that translates to a shortfall of about 40 correctional officers. This does not account for shortages
in other departments that deal with the inmate population on a daily basis like case managers, counselors and other similar
departments. We are being asked to do a lot more with a lot less and it cannot and will not work
The Union is asking
the local management as well as the Agency as a whole to provide the staff that work at USP McCreary with the proper safety
equipment such as stab proof vests, pepper spray, tazers and any other equipment that would reduce the risk of a staff member,
inmate or member of the public from getting hurt or worse killed. The Union is also asking that USP McCreary be properly funded
and that the staffing levels increase so that the staff can do the job that they are sworn to do and expected to perform.
We as employees of the Federal Bureau of Prisons cannot protect ourselves, inmates, or the public without these requested
changes. Is it going to take a tragedy here at USP McCreary before we can get the required equipment and staffing? It appears
that is exactly what it will take, the Bureau of Prisons and the Department of Justice needs to stop being reactive and become
proactive. After the killing of Officer Jose Rivera, the union negotiated with the director of the Federal Bureau of Prisons
Harley Lappin in an attempt to get more staff and posts as well as safety and security equipment.
The National Union
CPL 33 and AFGE met with the director and all agreed on hiring more staff as well as the purchase of staff proof vests and
funding for safety equipment. The agency had agreed to hire more staff to work the housing units and to purchase stab proof
vests as well as other safety equipment that is needed. Well, as usually happens with this agency the director and the agency
has back peddled on this agreement and are not hiring any additional staff or creating and filling any additional security
posts. We also recently had a possible hazardous chemical mailed into the institution which could have proven deadly to the
staff and inmates that were exposed. Again we did not have the proper safety equipment on site as mandated by policy nor did
we have sufficient staff to handle the situation in a safe and secure manner.
Thank you,
Edward V Smith
Senior
Officer Specialist
Executive Vice President
AFGE Local 614
USP McCreary
Letter misleading, violation of bureau code
To the Editor: Cumberland Times-News
My name is Dwayne Person, I am the Mid-Atlantic Regional vice president for the Council of Prisons
Local 33.
I am responding to an article published July 20 in the Times-News titled: “Writer failed to touch
on some of the real factors.”
The vice president of Local 420 represented this local under his real name and
address some facts that can be researched for it’s accuracy. The name provided by the writer Rusty Shackleford is fictitious,
as the writer of the article.
The writer stated that he worked for the Bureau of Prisons (BOP). When I did a name
search in the BOP directory it revealed there were no employees with that name.
However when this name was researched
on Google it revealed that it is a cartoon character. Whenever you want to allude that you don't want your real identity to
be known for something, say you are “Rusty Shackleford.”
This person has assumed the identity of a cartoon
character. I have also learned that the letter faxed to the Times-News was in fact faxed from a BOP facility in Fort Worth,
Texas.
I have requested from the director and the Mid-Atlantic regional director agree to conduct an investigation
into this misconduct of this employee responsible for faxing misleading information and for violating the Federal Labor Statute.
It is an code of conduct violation for employees in the BOP to lie or give misleading information. The union is the
sole exclusive representative of the union or any of its members.
In addressing some of the issues that were addressed
in the Rusty Shackleford article. The BOP is under funded. The union understands that the BOP budget has been cut and we the
union has petition congress to have more money put into the agency budget.
Through our legislative actions supplement
funding language was added to the appropriations bill that was signed off by President Bush to provide the BOP an additional
$178 million dollars for the 2008 fiscal funding year in order to increase staffing.
The sick leave issue addressed
in the Rusty Shackleford letter is propaganda. Sick leave is an entitlement for employees, which is covered by federal law.
If the employees sick leave is in question the agency has policy and procedures in place to address these matters.
The concerns that was addressed on frivolous law suits. Sometimes the parties disagree on many issues cover under
the parties contractual agreement and Federal Statue. When this happen proper procedures are followed to protect the rights
of the employees.
In addressing Rusty Shackleford comment on Management assigning correctional staff to posts within
the institution. Management has a statutory right under 5 U.S.C 7106 to assign work. That comment further shows the ignorance
or misunderstanding of A.K.A. Rusty Shackleford.
Lastly I want to address the tragic death of Correctional Officer
Jose Rivera. Officer Rivera was an outstanding officer and had served two tours of duties in Iraq.
Officer Rivera
was only 22 years old when he was murdered at the hands of inmates. For Rusty Shackleford to address Officer Rivera in the
manner he did is disgusting and sickening.
During the Labor Management Relation (LMR) meeting in January 2008, I placed
on the agenda to be discuss the wearing of stab resistant vest for staff.
As stated earlier the parties don’t
always agree and the agency has opposed the wearing of stab resistant vest. After the death of Officer Rivera we now have
congressional help assisting the union in passing a bill that will allow staff to wear stab resistant vest. The comment of
Rusty Shackleford was thoughtless and careless.
I ask the reader of Rusty Shackleford article to give it the consideration
its due. That it was written by a cartoon character.
Dwayne Person
Mid-Atlantic Regional vice president for
the Council of Prisons Local 33
USA Today ad pressures prison for safety gear
Open letter from Atwater officer's family asks for policy changes
The stabbing death of a U.S. Penitentiary Atwater correctional officer has sparked a national campaign
to overhaul failed safety policies across the federal prison system.
On Thursday, USA Today ran a full-page advertisement featuring a photo of the slain correctional officer,
Jose Rivera, and an open letter from his family blaming overcrowding and inadequate protections inside the penitentiary for
his death.
"Jose was taken from us because of the situation inside federal prisons today," stated the ad, which
was paid for by the American Federation of Government Employees, the union that represents federal correctional officers.
"Overcrowding, underfunding and depriving our officers of the tools they need to defend themselves will only lead to more
violence and more lives lost ... When will the Justice Department take action? Do more correctional officers have to die?"
Rivera, a 22-year-old Navy veteran who had worked at USP Atwater less than 11 months, died June 20
after he was attacked by two inmates wielding handmade shanks.
For years, union officials have been asking the U.S. Bureau of Prisons -- the Justice Department agency
that oversees all federal prisons -- to make changes aimed at better protecting correctional officers.
Now union officials are seizing on Rivera's death as an opportunity to finally win those changes.
Specifically, they are calling for more funding to increase staffing in all federal prisons and policy
changes that would make stab-resistant vests and nonlethal weapons, such as batons and Tasers, standard equipment for all
officers.
Rivera was alone with more than 100 inmates when he was attacked -- a standard inmate-to-officer ratio
inside federal prison housing units, according to correctional officers.
Unlike California correctional officers, federal officers don't wear stab-resistant vests to protect
themselves from prisoners carrying handmade weapons -- a problem that officers say is rampant.
Also unlike state correctional officers, federal officers are equipped with no weapons of their own.
Rivera was carrying only a flashlight, keys, a radio and handcuffs when he was attacked, his co-workers have said.
"I definitely think the ad got the bureau's attention, and that was the point," said Bryan Lowry,
president of the Council of Prison Locals of the American Federation of Government Employees. "We need to see these changes
before another officer dies."
USA Today is the most widely circulated newspaper in the United States, with full-page ad prices starting
at $112,000 a day.
A spokeswoman for the Bureau of Prisons declined to comment on the ad Thursday. So did Rivera's family.
USP Atwater's spokesman, Jesse Gonzalez, didn't return phone calls.
So far, Bureau of Prisons officials have promised no changes in the wake of Rivera's death, though
they have said they are considering making stab-resistant vests available to some correctional officers.
Lowry said bureau officials told him they will respond by today to a list of safety-related requests
submitted by union leaders during a meeting last week with the bureau's director, Harley Lappin.
Besides more staff, stab-resistant vests and nonlethal weapons, the union has asked for new surveillance
systems that would allow officers in a central location to better monitor entire institutions and improvements to the bureau's
inmate classification system that would ensure violent offenders aren't placed in lower security units.
In addition to efforts by union leaders on the national level, family members of USP Atwater correctional
officers are working locally to inspire changes.
In response to a request by a coalition of family members formed last week, the Merced City Council
passed a resolution Monday calling for safety improvements at the prison.
"We're speaking out because the correctional officers themselves aren't allowed to," said Dennis Anderson,
whose son works at USP Atwater. "We recognize that no one family member wants to speak out alone for fear that their relative
might face retaliation at work. There's strength in numbers."
The group is launching a Web site and a letter-writing campaign. It plans to take resolutions similar
to the one passed Monday to the Merced County Board of Supervisors and city councils in Atwater, Livingston, Los Banos, Gustine,
Dos Palos, Turlock, Chowchilla and Modesto, Anderson said.
The signed resolutions will be sent to USP Atwater, the Bureau of Prisons and legislators.
Rep. Dennis Cardoza, D-Merced, already has called for stab-resistant vests and more funding to adequately
staff federal prisons.
If the Bureau of Prisons doesn't comply, Cardoza said last week, he plans to introduce legislation
that would require vests for all federal correctional officers.
USP Atwater is still on lockdown as a result of Rivera's stabbing, a Bureau of Prisons spokeswoman,
Traci Billingsley, said Thursday.
Correctional officers at the prison, speaking on the condition of anonymity, said they have spent
the week shaking down the institution, searching prisoners and cells for weapons.
The Sun-Star published a story last week detailing what several USP Atwater correctional officers
said are failed safety policies at the prison.
Besides low staffing and a lack of protective equipment, the officers said USP Atwater doesn't adequately
search inmates for weapons or punish inmates who act out violently.
They said assaults on officers and fights among inmates have increased dramatically in the past two
years or so.
The Bureau of Prisons said it could only provide statistics on in-prison assaults that have been adjudicated.
Lowry said he believes the bureau under-reports attacks.
Rivera, who lived in Chowchilla, was buried two weeks ago in Merced. He had worked at USP Atwater
about 10 months.
The third of five children, he graduated from Le Grand High School in 2003 and enlisted in the U.S.
Navy shortly after. He served four years in the military, including two tours in Iraq.
The FBI's Fresno office is investigating his death. The two inmates suspected of killing Rivera, James
Leon Guerrero and Joseph Cabrera Sablan, haven't been charged.
Both of them come from Guam, a U.S. territory, and both were transferred off the island because of
their violent behavior inside a prison there. One has been accused of killing a correctional officer before, though he wasn't
convicted.
They are longtime friends, according to corrections officials in Guam. One of them arrived at USP
Atwater the day before Rivera's death.
Guerrero, 43, is now being held at the Federal Detention Center Sea-Tac in Seattle. Sablan, 40, is
at the Bureau of Prison's Dublin site in Alameda County.
Prison Work Program May Have Put Hundreds of Prisoners and Workers at Risk
DOJ Investigates a Prison Electronics Recycling Program
By KRISTIN JONES
July 10, 2008
Prisoners and workers think that a federal prison work program exposed them to toxic dust while they dismantled
computers and their components for recycling.
In a letter obtained by ABC News, the Inspector General's office last November requested medical
evaluations of more than 300 prisoners and workers who may have been exposed to heavy metal contamination and other hazardous
materials in operations to break open computer monitors and extract components.
The ongoing investigation and findings that workers were likely exposed to toxic dust resulted in the suspension
on June 27 of recycling operations at a prison in Ohio. They also may pave the way for lawsuits against the Federal Prison
Industries, a government-owned corporation known as UNICOR that aims to rehabilitate prisoners through labor. One lawsuit
has already been filed in Florida this spring.
PRISON STAFF AND INMATES EXPOSED IN COMPUTER RECYCLING PLANT
No Anti-Contamination Safeguards in Place for Years at Federal Penitentiary in Ohio
Washington, DC - Federal health officials found staff and inmates had no protection against exposure to high levels of
lead and cadmium in a prison industry computer recycling plant located in eastern Ohio, according to a report posted today
by Public Employees for Environmental Responsibility (PEER). The amount of health damage or risk could not be assessed because
the Elkton Federal Correctional Institution did not conduct medical monitoring or industrial hygiene surveillance.
The July 16, 2008 report by officials from the National Institute of Occupational Safety and Health (NIOSH) was submitted
to the Justice Department Office of Inspector General as part of its system-wide review of all the recycling centers. This
Justice Inspector General inquiry has been ongoing for more than two years following a whistleblower disclosure from a prison
safety manager, Leroy Smith. At the Inspector General's request, NIOSH is also conducting similar reviews of recycling operations
at the federal prisons located at Atwater (CA) and Texarkana (TX). Besides these three, four other federal prisons conduct
computer recycling: Ft. Dix (NJ), Lewisburg (PA), Marianna (FL), and Tucson (AZ).
In November 2007, NIOSH found staff and inmates are being exposed to concentrations of lead and cadmium far above permissible
limits in Elkton's industry computer recycling plant but the plant was not shut down until this June. In its latest report
NIOSH found that -
For several years, "there was no respiratory protection used or any type of engineering control in place to minimize exposures;"
In addition to no medical monitoring of inmates or staff, the prison did not "until recently" utilize an industrial hygienist;
and
While recent recycling operations have improved, lead and cadmium dust is still migrating out of the factory into "inmate
housing and staff vehicles."
"Prison industry managers have exhibited what can only be called callous indifference to the health of their own staff,
their families and the inmates within their charge," stated PEER Executive Director Jeff Ruch, whose organization assisted
Leroy Smith with his 2004 disclosure. "We are still waiting for the Justice Department, which is responsible for federal prisons,
to take appropriate action."
Bill Meek, Vice President of the union representing affected staff at Elkton (AFGE Local 607), issued a statement expressing
continuing concerns and frustration:
"This report verifies our concerns about our staff being exposed over the years to these dangerous toxins…They
started this recycling program knowing that there were dangerous chemicals in these computer monitors and willfully chose
to do so without first putting even the most elementary safety measures in place. The thing that baffles us is that even when
test results came back showing exposure, they still did not do the right thing. They went from having nothing in place to
putting in an unfiltered exhaust system that blew the contaminants out of the roof apparently only to be reabsorbed thru the
institutions air handling systems back into the factory and adjacent buildings."
The Justice Department Inspector General has not said when it will issue its final report on the federal prison electronics
recycling operations.
PROPER SAFEGUARDS MISSING IN PRISON RECYCLING PROGRAM, AGENCY SAYS
By CASEY BARTO
POSTED: July 25, 2008
ELKTON - Electronics recycling operations at the Federal Correction Institution in Elkton were performed without
proper respiratory protection, medical surveillance or industrial hygiene monitoring, causing staff and inmates at the prison
to be exposed to cadmium and lead levels above the permissible levels, according to an interim letter issued by the National
Institute for Occupational Safety and Health (NIOSH).
Staff at Elkton contacted the Office of the Inspector General in November after concerns were expressed that
some of them may have been exposed to high levels of cadmium and lead while working at the UNICOR factory where electronics
recycling was taking place.
About 250 staff members work at the prison, and 50 staff members work in the UNICOR facility.
According to the interim letter, the recycling of electronics and glass-breaking operations occurred between
1997 and 2003 in the main factory, a Federal Satellite Low (FSL) and the warehouse. During the glass breaking operations,
inmates would break cathode ray tubes using hammers. The tubes contain high levels of lead and cadmium in addition to other
dangerous heavy metals.
"Based upon our review of documents and interviews with staff and inmates conducted by the Department of Justice
and by us, it appears that there was no respiratory protection used or any type of engineering control in place to minimize
exposures during the glass breaking operations until about 2001," the letter reads.
A glass-breaking room was constructed in the factory in April 2003.
"The current (glass-breaking operation) is a significant improvement, but can be further enhanced to limit
exposure to those performing glass breaking as well as limiting the migration of lead and cadmium from the room into other
areas," the letter reads.
Additionally, staff expressed concern that they may have been exposed to high levels of lead fume during a
computer chip recovery program at FSL from October 2005 to October 2006.
For prison staff, the letter verifies their concerns about being exposed to the toxins, said Bill Meek, vice
president of the American Federation of Government Employees (AFGE) Council of Prison Locals 33, Local 607.
"UNICOR made millions of dollars recycling these computer parts at the expense of exposing our staff to chemicals
which could lead to serious health problems decades down the road," Meek said.
In 2007, UNICOR made $45.8 million, according to UNICOR's 2007 annual report.
A local exhaust ventilation system has been installed in the glass-breaking room. The ventilation system was
adapted from a spray-painting operation. According to the letter, glass-breaking work stations have fans and hoods behind
and below the work area. The fans and hoods are not ducted and discharge into the work area near the face of the ventilation
system.
Meek previously stated that staff exposure to lead and cadmium came from staff changing the air-handling filters
at the facility.
"They went from having nothing in place to putting in an unfiltered exhaust system that blew contaminants
out of the roof only to be reabsorbed (through) the institution's air-handling systems back into the factory and adjacent
buildings. Who knows how many staff have been exposed to this stuff," Meek said.
The letter states that routine housekeeping is done in the facility, and an extensive cleaning is done weekly
in the glassbreaking area.
"During that operation, no production takes place, and all workers in this area remove settled dust by vacuuming
and wet mopping," the letter reads. "All surfaces, including walls, equipment and floors are cleaned. The blanket prefilter
on the ventilation system is vacuumed using the HEPA vacuum cleaner."
In addition, the filters were removed and cleaned by vacuuming, shaking or banging them on a hard surface
to remove the dust.
"This took most of the work shift and reportedly created a thick cloud of dust within the enclosed glass-breaking
room. This process was changed after a NIOSH evaluation and is reported to now be a wet process where the filters are wetted,
removed and bagged for disposal and new filters used as replacements," the letter reads.
According to the letter, staff enter the room to put away tools and search the area when there is no glass
breaking going on.
"Otherwise, they observe the inmates in the glass-breaking room through the window or vinyl curtains," the
letter reads.
NIOSH and representative from of Federal Occupational Health (FOH) conducted a site visit in February and
spoke with AFGE representatives, UNICOR recycling staff, health service administrators and a regional medical director. Representatives
also spoke with inmates and UNICOR staff. Some staff members expressed concern about their health.
Representatives were told that the Federal Bureau of Prisons (BOP) had an industrial hygienist on staff for
many years, and that another industrial hygienist was recently hired by UNICOR. However, neither of the hygienists was present
during the February visit, "and it is unclear what, if any role, they may have had in setting up or monitoring the electronic
recycling program."
Federal Inmate Stabbed To Death
POLLOCK, La. -- Authorities have announced the death of a prisoner who was stabbed at the federal prison in Pollock.
Charles Harris Jackson Jr., 43, of California, was pronounced dead at 5:55 p.m. Monday at the prison after an assault earlier
that day in the recreation yard, prison spokesman Ron Martinez said Wednesday.
Martinez said there is one suspect in the assault and he is being dealt with according to Bureau of Prison policy. The
facility is on lockdown status. That means inmates are restricted to their living quarters and routine activities like visitation
are suspended.
The assault is under investigation by the FBI. Jackson was sentenced in the Central District of California to 210 months
for armed robbery. He was transferred to Pollock in August 2006.
Remember the staff at the prisons
Published: July 20, 2008 01:08 am
My name is Richard Heldreth. I am the vice president of the American Federation of Government Employees
(AFGE) Council of Prison Locals, Local 420. I represent the bargaining unit staff of the United States Penitentiary at Hazelton,
W.Va.
As is my statutory right, I am writing this letter in the hopes of enlightening your readership of the truth
of what happens in your new neighboring prison, and to make a plea for your consideration to the safety of the staff and inmates
that call "Misery Mountain" their home.
After working in local law enforcement in Taylor County, I pursued employment
with the Federal Bureau of Prisons in 1997. Since that time I have been stationed at four different institutions of varying
security level. I never imagined that the organization that I was so proud to work for, would spiral into the dangerously
underfunded mess that it has become.
A prison system that was once the leader in correctional techniques and technology
has become nothing more than a cost savings-driven shadow of what it used to be. In the past 10 years I have watched as we
have been forced to take huge staffing cuts, while the inmate population has soared. We are forced to manage the high security
inmate population at Hazelton with staffing numbers that would not have even been considered sufficient to manage a low or
medium security institution 10 years ago.
On shift, it is common for correctional staff to be outnumbered by inmates
at over 100 to 1 ratios. The administration routinely attempts to debunk such claims by stating that typical penitentiaries
are staffed at 4 to 1 ratios, but this is nothing more than an attempt to mislead the public. They also do not take into account
staff being split over three shifts and staff that are assigned to cover days off or vacation. Ask them what the typical inmate
to staff ratio on evening shift (4 p.m. to midnight) or morning shift (midnight to 8 a.m.) are.
I’ll tell you
now that it is bare bones. If you subtract support staff and officers that physically can not leave the area that they are
in for security reasons, you are left with a handful of staff that are available to manage the inmate population and respond
to emergencies.
The administration usually responds to this fact by stating that the institution is "staffed at 98
percent" or some other form of number game. What they don’t tell you is that the percentage that they quote is that
of a number that they have made up themselves, and has been increasingly lowered over the years. We are constantly asked to
do more with less, and it has led us to a very dangerous time period in the Bureau of Prisons:
A time when we are
not permitted to carry any type of means of self defense, such as pepper spray or batons, because we are expected to always
reason with homicidal inmates serving multiple life terms.
A time when it is more important that we wear ties and
blazers and look professional than wear uniforms that provide the utility that is necessary, for fear that we look too intimidating
to the inmates.
A time when we are not even permitted to wear stab-resistant vests to save our own lives, even though
they are widely and effectively used in state prisons and county jails across the country.
A time when an officer
in a housing unit supervises 130 of the worst that society has to offer, all alone, and with nothing but a radio, handcuffs
and his or her wits to rely on.
Every staff member takes on this occupation knowing that they face the probability
of frequent violence. There is a popular quote that "prisons are an inherently dangerous place." But the federal prisons are
becoming needlessly dangerous places, because of the power of the bottom line and the importance of political correctness.
Recently, an officer at one of our other U.S. penitentiaries paid the ultimate price for this nonsense. Officer Jose
Rivera, a 22-year old veteran of the Navy who had only been working for the Bureau of Prisons for 10 months, was brutally
stabbed and murdered by two inmates at the US Penitentiary in Atwater, Calif. An institution that is almost identical to USP
Hazelton.
For officer Rivera, it is too late for stab-resistant vests or pepper spray. It is too late to ensure that
the Bureau of Prisons is funded at an adequate level that we might have enough of our brothers and sisters present to respond
to his call for help.
Make no mistake, if the Bureau of Prisons remains unchanged, this can and will happen in your
back yard in West Virginia as well. Every year we confiscate hundreds of lethal homemade weapons from the inmate population.
Every month there are numerous assaults and acts of violence within the prison. Just recently there was an incident at Hazelton
in which approximately 15 inmates armed with homemade knives and other weapons stormed a housing unit and attacked a smaller
group of inmates. Such bold acts of violence are common place.
There have been two brutal inmate murders in the last
three years, and many more serious assaults that would have been murders if not for a dash of luck and the dedicated work
of our correctional and medical staff. Two officers were also savagely stabbed with homemade knives, but were thankfully spared,
one after having boiling liquid thrown into his face. There have been hostage situations, suicides, scaldings and beatings.
Just about every flavor of violence you can imagine.
That is why I write this now. I urge everyone reading this to
ask their leaders in congress and the senate the important questions. Why are we putting our sons, daughters, fathers, and
mothers at such a needless risk? Why are our brothers and sisters prohibited from wearing stab-resistant vests or carrying
self defense weapons?
Why are our tired neighbors forced to work many hours of mandatory forced overtime in an environment
where one mistake could cost someone their life, because the budget has been reduced and staff numbers have been slashed?
Please ask these questions before we lose another brother or sister.
Please keep the family of officer Rivera in your
thoughts and prayers. When you are driving down I-68 and you see the towers or the bright lights of the penitentiary, think
about the outnumbered and under-equipped staff that are walking within those walls just trying to earn a living for their
family.
Turn down the radio and open your window as you pass ... you may even hear the emergency sirens. For honest
information about USP Hazelton and other happenings throughout the Bureau of Prisons visit: www.cpl33.info
Richard
Heldreth
Senior officer specialist
U.S. Penitentiary, Hazelton, W.Va
Congressman Cardoza meets with Federal Bureau of Prisons Director Harley Lappin
Safety at Prisons and USP Atwater Discussed
WASHINGTON, DC — Last week Congressman Dennis Cardoza met with Federal Bureau of Prisons Director
Harley Lappin to discuss the safety of correctional officers in federal prisons and other issues at USP Atwater. Today Mr.
Cardoza reiterated his concerns in a letter to Director Lappin which specifically identifies the large wage discrepancy between
state and local correctional officers and those at USP Atwater. Mr. Cardoza plans to follow up with the Director in 30 days
to see what progress is being made.
Earlier this month Mr. Cardoza introduced HR 6462, the "Jose Rivera Correctional Officer Protection
Act" to provide all federal correctional officers with stab-proof vests. The bill authorizes $20 million for the Bureau of
Prisons (BOP) to purchase the vests and mandates that officers wear them while on duty. The legislation came in response to
the tragedy on June 20, 2008 in which two inmates brutally attacked and killed Correctional Officer Jose Rivera at the Federal
Penitentiary in Atwater, California. The two inmates who attacked Officer Rivera had been classified by the BOP as ‘unable
to rehabilitate’, and were among the most dangerous in the prison population.
Congressman Cardoza will continue to monitor the situation and ensure that federal correctional officers
have a safe work environment and the compensation that they deserve.
ATWATER -- The stabbing death of a U.S. Penitentiary Atwater correctional
officer has sparked a national campaign to overhaul safety policies in the federal prison system.
On Thursday, USA Today ran a full-page advertisement featuring a photo
of the slain correctional officer, Jose Rivera, and an open letter from his family blaming overcrowding and inadequate protection
inside the penitentiary for his death.
"Jose was taken from us because of the situation inside federal prisons
today," stated the ad, which was paid for by the American Federation of Government Employees, the union that represents federal
correctional officers.
"Overcrowding, underfunding and depriving our officers of the tools
they need to defend themselves will only lead to more violence and more lives lost. ... When will the Justice Department take
action? Do more correctional officers have to die?"
Rivera, a 22-year-old Navy veteran who had worked at USP Atwater 10
months, died June 20 after being stabbed by two inmates wielding handmade shanks.
For years, union officials have asked the U.S. Bureau of Prisons to
make changes aimed at better protecting correctional officers.
Now, union officials are calling for more funding to increase staffing
in federal prisons and policy changes that would make stab-resistant vests and nonlethal weapons, such as batons and Tasers,
standard equipment for officers.
Rivera was alone with more than 100 inmates when he was attacked,
a standard inmate-to-officer ratio inside federal prison housing units, according to correctional officers.
Unlike California correctional officers, federal officers don't wear
stab-resistant vests.
Nor are they equipped with weapons. Rivera was carrying a flashlight,
keys, a radio and handcuffs when he was attacked, his co-workers have said.
"I definitely think the ad got the bureau's attention, and that was
the point," said Bryan Lowry, president of the Council of Prison Locals of the American Federation of Government Employees.
"We need to see these changes before another officer dies."
Bureau of Prisons officials have said they are considering making
stab-resistant vests available to some correctional officers.
Lowry said bureau officials told him they will respond by today to
a list of safety-related requests submitted by union leaders during a meeting last week with the bureau's director, Harley
Lappin.
Merced shows its support
Besides more staff, stab-resistant vests and nonlethal weapons, the
union has asked for new surveillance systems that would allow officers in a central location to better monitor entire institutions
and improvements to the bureau's inmate classification system that would ensure violent offenders aren't placed in lower security
units.
Family members of USP Atwater correctional officers are working to
bring about changes.
In response to a request by a coalition of family members formed last
week, the Merced City Council passed a resolution Monday calling for safety improvements at the prison.
The group is launching a Web site and a letter-writing campaign. It
plans to take resolutions similar to the one passed Monday to the Merced County Board of Supervisors and city councils in
Atwater, Livingston, Los Banos, Gustine, Dos Palos, Turlock, Chowchilla and Modesto, said Dennis Anderson, whose son works
at USP Atwater.
The signed resolutions will be sent to USP Atwater, the Bureau of
Prisons and legislators.
Rep. Dennis Cardoza, D-Mer- ced, has called for stab-resistant vests
and more funding to staff federal prisons.
If the Bureau of Prisons doesn't comply, Cardoza said last week, he
plans to introduce legislation to require vests for all federal correctional officers.
USP Atwater still is on lockdown as a result of Rivera's stabbing,
a Bureau of Prisons spokeswoman said Thursday.
The two inmates suspected of killing Rivera, James Leon Guerrero and
Joseph Cabrera Sablan, come from Guam, a U.S. territory. Both were transferred off the island because of their violent behavior
at a prison there.
Guerrero, 43, is being held at the Federal Detention Center SeaTac
in Seattle. Sablan, 40, is at the Bureau of Prison's Dublin prison camp in Alameda County.
A Senate subcommittee on Wednesday approved a bill granting civilian federal employees a 2009 pay
raise of 3.9 percent, a figure equal to the adjustment already authorized by the House for military service members.
The Senate Appropriations Financial Services and General Government Subcommittee voted for the civilian
raise as part of the fiscal 2009 financial services spending bill. The adjustment is 1 percentage point higher than the increase
the Bush administration proposed in February, and
is identical to the amount approved last month
by the House Appropriations Committee.
The Senate panel's move drew praise from federal labor unions and management groups, which have been
lobbying for parity between civilians and the military and for a raise higher than the president's request.
"The federal government is on the verge of an unprecedented retirement wave. Low, disparate pay raises
do not help this situation," said Darryl Perkinson, president of the Federal Managers Association. "An adequate pay raise
of 3.9 percent, on par with that of the military, will give the government a fighting chance to recruit and retain the best
and the brightest into civil service."
A portion of the 3.9 percent civilian pay hike would be allocated for locality pay; the rest would
go toward an across-the-board increase.
The full committee is expected to consider the pay raise when it takes up the appropriations bill
on Thursday.
Prison officers' death prompts national campaign for change
Union places full-page ad in USA Today calling for safety improvements
Thursday, Jul. 10, 2008
By Corinne Reilly / creilly@mercedsun-star.com
"The stabbing death of a U.S. Penitentiary Atwater correctional officer has sparked a national campaign to
overhaul failed safety policies across the federal prison system.
On Thursday, USA Today ran a full-page ad featuring a photo of the slain correctional officer, Jose Rivera,
and an open letter from his family blaming his death on overcrowding and inadequate protections inside the penitentiary.
"Jose was taken from us because of the situation inside federal prisons today," stated the ad, which was paid
for by the union that represents federal correctional officers. "Overcrowding, underfunding and depriving our officers of
the tools they need to defend themselves will only lead to more violence and more lives lost. ... When will the Justice Department
take action? Do more correctional officers have to die?"
Rivera, a 22-year-old Navy veteran who had worked at USP Atwater less than 11 months, died June 20 after he
was attacked by two inmates wielding handmade shanks.
For years union officials have been asking the U.S. Bureau of Prisons — the Justice Department agency
that oversees all federal prisons — to make changes aimed at better protecting correctional officers.
Now union officials are seizing on Rivera's death as an opportunity to finally win those changes.
Specifically, they are asking for more funding to increase staffing in all federal prisons as well as policy
changes that would make stab-resistant vests and non-lethal weapons, such as batons and Tasers, standard equipment for all
correctional officers.
Escape from federal prison in western Md. foiled
CUMBERLAND, Md. - The federal Bureau of Prisons says it has foiled an
escape attempt at the Federal Correctional Institution in western Maryland.
Prison spokesman Stephen Finger says an inmate at the medium-security institution near Cumberland was caught trying to
scale an inner-perimeter security fence while prisoners were being moved during the breakfast period around 7 a.m. Finger
did not identify the inmate.
He says the FBI was notified and an investigation is under way.
Finger says no one has ever escaped from the prison, which opened in 1994 and houses nearly 1,300 inmates.
The nearby minimum-security Federal Prison Camp, which houses about 320 inmates, last recorded an escape in 2006.
Michael A. Castelle, Sr.
"All that is necessary for evil to prevail is for good people to do nothing" it takes
courage to do the right thing, and it's not always easy. Sometimes the few must take on the sacrifices for the good of the
many."(There's) no evil that's inflicted more pain and more suffering than discrimination.
Otisville federal prison inmates fight, one injured
OTISVILLE – An incident involving three inmates at the Federal Correctional Institute at Otisville
Monday night resulted in injury to one inmate, the prison spokeswoman said Tuesday. No prison employees were injured.
The incident occurred shortly before 10 p.m. The inmate was treated at a local hospital and returned to the
prison, said Marti Licon, prison public information officer.
While the prison did not reveal the nature of the inmate's injuries, police reports indicated he was stabbed.
Licon said prison operations were not impacted by the incident. The community safety was not in jeopardy at
any time.
The incident remains under investigation.
A Tribute to Slain BOP Officer from Congressman Dennis Cardoza (D-CA)
June 27, 2008
By Congressman Dennis A. Cardoza (D-CA)
Mr. Speaker, it is with great sadness that I rise today to honor the late Jose Rivera, Correctional
Officer at the Federal Penitentiary in Atwater, CA.
Officer Rivera’s life was taken by two inmates on Friday, June 20th, 2008. He was 22 years old.
He is survived by his mother – Terry, sisters- Teresa, Martha, and Angelica, and his brother- Daniel.
After graduating from Le Grand High School, he served four years in the Navy, completing two tours
of duty in Iraq, and began his career as a Correctional Officer on August 5, 2007. His life of service was cut tragically
short.
Mr. Speaker, I have long voiced my concerns- most recently in a letter I sent in April to the Director
of the Bureau of Prisons- about the lack of sufficient resources and staff to safely operate our federal prisons.
The fact is that staffing levels are decreasing while inmate population levels are increasing. Atwater
Penitentiary is operating at 85% of the staffing level and at 25% over capacity for inmate levels.
As we honor Officer Rivera’s legacy of commitment and service to our country, his senseless
death is a reminder that we must provide adequate funds to keep our prisons and communities safe.
Prison workers say they're at risk Staff, equipment needs not being addressed
By Gina Morton The Daily Item LEWISBURG --
Officials with the union representing federal corrections officers say cost-cutting is putting workers at
U.S. penitentiaries, including those in Allenwood and Lewisburg, at risk. Tony Liesenfeld, secretary/treasurer of the American
Federation of Government Employees Local 148 at the Lewisburg Federal Penitentiary, said for the past four years union leaders
have been lobbying lawmakers and administrators to stem the staff reductions. Liesenfeld, who has worked as a corrections
officer at the Lewisburg penitentiary for nine years, said now he is in a position where he no longer feels safe. "It all
goes to funding," he said Monday. "Without funding, we can't get the staff." The Federal Bureau of Prisons has proposed $143
million in possible spending cuts, including not replacing vehicles and equipment, eliminating overtime, reducing corrections
officer training and a possible cut in officer staff positions. As of Monday morning, the penitentiary was still on lockdown
following a July 2 brawl involving five or six inmates, he said. Liesenfeld pointed to the killing last month of a corrections
officers at the U.S. Penitentiary in Atwater, Calif., as evidence of the increased danger facing staff in the federal prisons.
Officer Jose Rivera was stabbed to death by two inmates with homemade knives during a routine lockup. "Atwater is one institution,"
he said, "but it's indicative of institutions across the United States, especially penitentiaries and medium (risk facilities).
... We are all surprised it hasn't happened before now." Allenwood problems Scott Mathna, president of the Local 307 at the
Allenwood Federal Penitentiary, e-mailed The Daily Item, stating he and his co-workers have addressed concerns about the funding
issues over the past seven years to prison administrators and federal lawmakers. He added that safety equipment is needed
-- including items such as stab-resistant vests, batons and pepper spray. "We may not be able to prevent another tragedy,"
he said through e-mail, "however we may collectively be able to reduce the chance of a future occurrence by adequately funding
and equipping our staff within the Bureau of Prisons." In an e-mail Monday, a Bureau of Prisons spokesman said only that Congress
has passed legislation to address some of the funding concerns. "Congress provided the agency $109 million in reprogramming
funds. Further, $178 million was provided in a supplemental bill to address operational needs," said Mike Truman, a spokesman
with the Federal Bureau of Prisons. Mathna said approximately 1,500 people are employed at Allenwood, Lewisburg and in Schuylkill
County and more than 7,500 inmates are supervised by staff at these facilities. He noted that workers at the Lewisburg facility
circulated a petition with the signatures of about 120 staff members and sent it to U.S. Rep. Chris Carney, D-10 of Dimock,
and Sen. Arlen Specter, R-Pa. The petition states those signed are "petitioning for additional correctional officers to ensure
the safety and security of staff, inmates and the surrounding communities of the United States Penitentiary in Lewisburg."
It also describes several recent incidents in which staff members have felt unsafe. Changing duties Because of the staffing
cuts, Liesenfeld said, such workers as secretaries, pharmacists and non-subsidy staff have been known to be assigned to work
custody posts. "This is a penitentiary," he said. "We're not dealing with white-collar crime. There are drug dealers, murderers,
rapists ... Our issue is, ÂHey, they're creating a situation where staff are going to get hurt.' We've been saying that for
years, and unfortunately with the tragic murder, what we've been saying has been come to pass. Until something is changed,
this could keep happening." Liesenfeld said he has been working with Rep. Carney about these issues and has been able to set
up a visit for him to tour the facility in August. "Things are not going to get better," he said. "Unfortunately they are
going to get worse before they get better. ... Inmates are at risk with no staff and staff are at risk with so many inmates."
A spokesman at the Allenwood penitentiary said he could not comment on the funding topic. "It's brewing a recipe for disaster,"
he said. "I don't want to attend a funeral for one of my co-workers, and the community doesn't want to attend (a funeral)
of a person in the community with family and friends here."
Hostages freed after knifepoint ordeal at Warren prison
By
George Chappell Tuesday, July 1, 2008 - Bangor Daily News
WARREN, Maine - Two hostages held by a knife-wielding
prisoner with a high-profile criminal history were released Monday night after a seven-hour standoff at the Maine State Prison.
The prisoner, Michael Chasse of Lewiston, was returned to custody, officials said.
The incident began at 2:30 p.m. inside the facility that confines
the state’s most serious offenders. It was resolved at around 10 p.m. after state police tactical teams and negotiators
with the Department of Corrections had spent hours at the scene.
The hostages, whose names were not released, were described
by Associate Corrections Department Commissioner Denise Lord as an inmate and a staff member. Officials said the hostages
suffered "minimal or no injury."
Few details were immediately available about how the situation
ended. Gov. John Baldacci said he was "thankful that the crisis has ended without loss of life."
Emergency family contacts for the hostages were notified, and
the prison was secured, officials said.
Chasse, 33, is no stranger to corrections and law enforcement
officials. He was serving a 14-year sentence after being convicted in 2000 of multiple charges, including escape, burglary
and aggravated assault. He escaped during the fourth day of his 1998 trial in Dover-Foxcroft for burglary and assault stemming
from an incident at the home of Robert Cohen of Brewer, the brother of former Secretary of Defense William Cohen.
Chasse escaped from the custody of the Piscataquis County Sheriff’s
Department on Nov. 6, 1998, by expelling soap powder from a toilet paper tube into officers’ faces. Chasse was not shackled
at the time. After fleeing on foot, Chasse broke into a home and stole a butcher knife, threatening the woman who lived in
the house. Later, he stabbed Sheriff John Goggin and Deputy Dale Clukey, then fled in a stolen pickup truck. He left the truck,
broke into two camps on Sebec Lake, and finally was apprehended in a canoe on the lake.
Chasse was found guilty of charges stemming from the escape
in September 2000 and sentenced in April 2001.
Lord plans to hold a press briefing on the latest incident
involving Chasse today, she said.
Monday’s standoff drew a swift response from prison and
police officials.
"We have some individuals in the department who are specially
trained for hostage crises," Lord said.
"I have spoken with Commissioner Marty Magnusson and have great
confidence in the Department of Corrections and the state police," Baldacci said in a statement while the crisis was unfolding.
"Everyone is working for a peaceful outcome to this incident."
Lord said Magnusson was at the prison.
According to the Corrections Department, the Maine State Prison
has close, medium and special management custody levels with a population capacity of 916 and a staff of 410."
Prison guard killing opens several eyes
High inmate-to-guard ratio blamed in death
By CORINNE REILLY MERCED SUN-STAR
last updated: June 24, 2008 04:36:01 AM
ATWATER -- As Jose Rivera's friends and family mourn a brother, a son and a Navy veteran, union
officials are blaming high inmate-to-guard ratios for the correctional officer's death.
Rivera, 22, had worked at U.S. Penitentiary Atwater less than a year. He died Friday afternoon after two inmates
attacked and stabbed him with a homemade shank.
In a statement Monday, union officials said inadequate staffing at the federal prison has left its correctional
officers "in grave danger."
"We can no longer turn a blind eye to the critical situation inside our nation's federal prisons," said Bryan
Lowry, president of The Council of Prison Locals of the American Federation of Government Employees, which represents federal
correctional officers. "What happened to Jose Rivera sends a clear message that now is the time for change."
Authorities at the prison have refused to answer basic questions about what happened, including how many times
Rivera was stabbed, where in the prison he was attacked, the names of the inmates suspected or how many other correctional
officers were on duty.
The prison issued a six-sentence statement Friday night saying a staff member had been stabbed and taken to
the hospital. It hasn't released any information since.
The high-security prison, which houses more than 1,100 male convicts, has been plagued by staffing shortages.
A scramble to find guards delayed the penitentiary's opening in 2001. In 2006, it was added to the U.S. Bureau
of Prisons' accelerated hiring list, putting it first in line to receive correctional officer applications.
It's one of four federal prisons in California offering signing bonuses to fill an "urgent need of correctional
officers," according to the Bureau of Prisons Web site.
Some prison officials have argued that the guard shortage hasn't affected safety at Atwater because all of
its shifts are filled with employees who work overtime. And Atwater's inmate-to-guard ratio is better than most comparable
federal facilities, said Traci Billingsley, a spokeswoman for the Bureau of Prisons.
The average for similar federal prisons is about one officer for every five prisoners, Billingsley said. That
compares with a 1-to-4 ratio at Atwater.
Those numbers don't mean much to Rivera's family.
"To me, I don't think it was safe there," said Rivera's mother, Terry Rivera. "There should have been more
(correctional officers) with him."
Terry Rivera remembered her son as a loving child who grew into an adult eager to help others.
"He was a good boy," she said.
Rivera was the third of five children. He graduated from Le Grand High School in 2003, enlisting in the Navy
shortly after. He served four years, including two tours in Iraq.
He began as a correctional officer about 10 months ago. He lived with his girlfriend in Chowchilla.
Billingsley said she couldn't answer questions about what happened in Atwater the day Rivera died, except
to say that her department hopes to release soon the names of the inmates thought to be involved.
Rivera's mother said her son wasn't wearing protective gear.
"If they don't have weapons, they should at least have (vests)," she said. "He should have had that."
It's routine that prison guards don't carry guns. The FBI is investigating Rivera's death.
He is the first employee to die in the line of duty at the Atwater prison. His death is the first in 11 years
at a federal prison.
FEDERAL PRISON GUARD'S MURDER POINTS OUT NEED FOR FUNDING, STAFF
July 1, 2008
Jose Rivera
For years, AFGE’s Council of Prison Locals (CPL), the union representing correctional officers in the nation’s federal prisons,
has been pushing for more funding and staffing to safely maintain our nation’s prisons and surrounding communities.
The union warns that staffing levels are decreasing while inmate population levels are increasing, leaving the correctional
officers and the communities in grave danger.
Tragically, on June 20, those warnings were realized when Jose Rivera, a correctional officer
at the U.S. Penitentiary in Atwater, Calif., was killed by two inmates with homemade weapons. Rivera, who would have turned
23 this month, had worked for the Bureau of Prisons (BOP) for 10 months when he was killed.
A Navy veteran, he served two tours in Iraq.For
more information on Jose Rivera and to donate funds to help his family, click here.
Says CPL President Bryan Lowry:
We can no longer turn a blind eye to the critical situation inside our nation’s federal
prisons. What happened to Jose Rivera sends a clear message that now is the time for change throughout the BOP. We must protect
our correctional officers so this type of horrific tragedy doesn’t happen in the future.We need more staff to get the job done; it’s as simple as that. A decrease in staffing levels makes
our prisons and communities less safe.
Our federal prisons house some of the nation’s most
dangerous convicted criminals, including gang members and terrorists such as Eric Rudolph, Theodore Kaczynski (the Unabomber)
andZacarias Moussaoui.
More than 200,000 inmates are confined in BOP institutions today, up from 25,000 in 1980, from 58,000 in 1990 and from
145,000 in 2000. By 2010, it is expected there will be 215,000 prison inmates in BOP institutions.
The overcrowding at federal prisons is part of the ballooning U.S. prison population. Even
though the United States has only 5 percent of the world’s population, it has the highest number
of people in jail in the world. In 2006, some 2.2 million Americans were incarcerated—that’s 25 percent of the all the incarcerated people in the world. China, the world’s
most populous nation,ranks second with 1.6 million people incarcerated.
In fact, more than 1 in 100 American adults were incarcerated at the start of 2008. Federal
prisons and state facilities in California and Texas house two-thirds of all offenders in the United States.
To make matters worse, the number of federal correctional officers who staff federal prisons is failing to keep pace with
the tremendous growth in the inmate population. The BOP system is currently staffed at an 89 percent level, compared
with the 95 percent staffing levels of the mid-1990s.
A recent Justice Department study showed an increase of 15.5 percent in inmate attacks on other inmates and a 6 percent
increase in inmate attacks on corrections officers in federal prisons.
In 2006, the BOP faced a $242 million shortfall that required cutbacks in staffing, training, equipment and vehicles. That
shortfall has not been covered in subsequent budgets. For example, the current BOP budget, which was set by a congressional
conference committee, provides only $55 million for increases in salaries and personnel. That is well below AFGE’s estimate
of$430 million that is needed to bring the prison staffs up to safe levels. It is also $100 million less
than President Bush and both houses of Congress recommended.
The CPL also is fighting against efforts by the Bush administration and extremist Republicans to redefine the term “law
enforcement officer” to exclude federal prison support staff for pay and retirement purposes, and to move federal inmates
into private prisons. The union also is opposing plans to shut down the Federal Prison Industries prison inmate work program.
Some members in Congress are listening. Last week on the House floor, Rep. Dennis Cardoza (D-Calif.) said Rivera’s
death should spur action to protect those who work in our federal prisons:
Atwater Penitentiary is operating at 85 percent staffing and at 25 percent over capacity for inmate levels.
As we honor Officer Rivera’s legacy of commitment and service to our country, his senseless death is a reminder that
we must provide adequate funds to keep our prisons and communities safe.
CLICK ON THE LINK BELOW TO READ ARTICLE PUBLISHED BY THE MERCED-SUN STAR
This is an open letter to Warden Dennis Smith at USP - Atwater.
With the tragic death of Correctional Officer Jose Rivera, it is apparent, that our Correctional Officers at USP - Atwater need to be issued stab-resistant
vests. I think one can easily assume, that Officer Rivera would be alive today, if the Federal Bureau of Prisons, allowed their officers to wear safety
equipment. I liken it to the fact that we wear safety belts in our vehicles. Will the safety belts always save our lives?
No, but we wear them anyway, because often they do.
Warden Smith will soon be deciding on when the inmates at USP - Atwater will be let off of "lockdown". I implore the Warden not to go off
of lock-down, until all of the Correctional Officers at USP - Atwater are issued vests.
Officer Rivera should not have been working in the housing unit by himself. I understand that the USP can not
cure it's understaffing overnight. However, they can issue vests and continue
to work on the staffing issues.
I don't know if the Rivera family is going to attempt a law
suit against the Government for not providing safety equipment. But don't
let this possibility of a law suit, persuade you from issuing the vests at this time (admission of liability). Do the right
thing for the officers. Issue the vests !!!
I will be asking the City Council's of this County along
with the Merced County Board of Supervisors to support this cause. I understand that they don't have jurisdiction at the Federal level, but they can show their support for the safety of the Correctional
Officers that live in their jurisdictions.
PLEASE, Warden Smith, - Lockdown until our Correctional Officers
are issued vests.
Sincerely
Dennis Anderson
Union, family blame death at Atwater penitentiary on guard shortage
Tuesday, Jun. 24, 2008
Officials say the federal prison is staffed at an above-average level.
As Jose Rivera's friends and family mourn a brother, a son and a Navy veteran, union officials are blaming high inmate-to-guard
ratios for the correctional officer's death.
Rivera, 22, had worked at U.S. Penitentiary Atwater less than a year. He died Friday afternoon after two inmates attacked
and stabbed him with a homemade shank.
In a statement issued Monday, union officials said inadequate staffing at the federal prison has left its correctional
officers "in grave danger."
"We can no longer turn a blind eye to the critical situation inside our nation's federal prisons," said Bryan Lowry, president
of the The Council of Prison Locals of the American Federation of Government Employees, which represents federal correctional
officers. "What happened to Jose Rivera sends a clear message that now is the time for change."
Authorities at the prison have refused to answer basic questions about what happened, including how many times Rivera was
stabbed, where in the prison he was attacked, the names of the inmates suspected or how many other correctional officers were
on duty at the time.
The prison issued a six-sentence statement Friday night saying a staff member there had been stabbed and transported to
the hospital. It hasn't released any information since.
The prison's spokesman has declined to answer questions. Its warden, Dennis Smith, hasn't returned phone calls.
What is known is that the high-security prison, which houses more than 1,100 adult male convicts, has long been vexed by
staffing shortages.
A scramble to find enough guards delayed the penitentiary's opening in 2001. In 2006, it was added to the U.S. Bureau of
Prison's accelerated hiring list, putting it first in line to receive correctional officer applications.
It's now one of four federal prisons in California offering signing bonuses to fill an "urgent need of correctional officers,"
according to the Bureau of Prisons' Web site.
In April, Rep. Dennis Cardoza, D-Merced, sent a letter to the director of the Bureau of Prisons outlining his worries about
the ballooning population of inmates in federal penitentiaries.
"Given the exploding growth in the prison population, I am concerned about ensuring that California's federal institutions
have adequate resources and staff to operate safely," Cardoza wrote. "Though the problems are not as acute as in the state
system, personnel are worried that they simply do not have the resources necessary to cope with the scope of the problem."
California's 18 federal prisons house 200,663 inmates, according to the Bureau of Justice Statistics -- up from 193,046
inmates at the end of 2006.
Across the federal prison system, "staffing levels are decreasing while inmate population levels are increasing," the union's
statement said.
The starting base salary for federal correctional officers is about $37,000 a year.
Some prison officials have argued that the guard shortage hasn't affected safety at the Atwater site because all of its
shifts are filled with employees who work overtime.
And Atwater's inmate-to-guard ratio is actually better than most comparable federal facilities, said Traci Billingsley,
a spokeswoman for the Bureau of Prisons.
The systemwide average for similar federal prisons is about one officer for every five prisoners, Billingsley said. That
compares to a 1-to-4 ratio at the Atwater facility.
Those numbers don't mean much to Rivera's family.
"To me, I don't think it was safe there," said Rivera's mother, Terry Rivera. "There should have been more (correctional
officers) with him."
In an interview Monday, she remembered her son as a loving child and who grew into an adult eager to help other people.
"He was a good boy," she said, crying. "He just wanted a positive life and a good future."
Rivera was the third of five children. He graduated from Le Grand High School in 2003 and enlisted in the U.S. Navy shortly
after. He served four years in the military, including two tours in Iraq.
Rivera began as a correctional officer about 10 months ago. He lived with his girlfriend in Chowchilla.
Billingsley, of the Bureau of Prisons, said she couldn't answer questions about what happened in Atwater the day Rivera
died, except to say that her department hopes to release soon the names of the inmates allegedly involved.
She said she wasn't sure how many open correctional officer positions the facility has right now, or whether officers there
wear stab-resistant vests. The federal prison system has no policy requiring them, she said.
Rivera's mother said her son wasn't wearing protective gear. "If they don't have weapons, they should at least have (vests),"
she said. "He should have had that."
It's routine that prison guards don't carry guns. The Atwater prison's spokesman, Jesse Gonzalez, wouldn't say if correctional
officers there carry any other weapons like Tasers, pepper spray or batons. He also wouldn't say if they wear stab-resistant
vests.
All correctional officers at the Merced County Jail are required to wear stab-resistant vests. Sheriff Mark Pazin said
his decision to buy the vests last year was a "no-brainer" because of the ability of inmates to make knives and other weapons
behind bars.
The Fresno County sheriff also requires stab-resistant vests as standard equipment for staff in its jails.
The FBI's Fresno office is conducting the investigation into Rivera's death. Harriet Dugal, a supervisory special agent,
said the bureau has begun conducting interviews at the prison -- although she declined further comment.
Once the FBI investigation is finished, a report will be forwarded to U.S. Attorney's Office, Eastern District of California.
Dugal did not give a time frame for its completion. "We have to remain quite limited about what we can talk about," she said.
It is relatively rare for prison guards to die in the line of duty. Since 1901, inmates have killed 23 federal correctional
workers. Rivera is the first employee to die in the line of duty at the Atwater prison. Systemwide, his death is the first
in 11 years at a federal prison.
The last state prison guard to be killed by an inmate died in 2005. His death was the first in 20 years among state prison
guards.
Rivera's autopsy is scheduled for today. His funeral is tentatively set for Friday in Merced. Donations to Rivera's family
can be made at any Bank of America branch to account No. 18032-67082.
HONORING OFFICER JOSE RIVERA
(House of Representatives - June 25, 2008)
--- (Mr. CARDOZA asked and was given permission to address the
House for 1 minute.)
Mr. CARDOZA.~ Mr. Speaker, it is with great sadness that I rise today to honor the late
Jose Rivera, a correctional officer at the Federal penitentiary in Atwater, California.
Officer Rivera's life was taken
by two inmates on Friday, June 20, 2008. He was 22 years old. He is survived by his mother, Terry, by his sisters
Teresa, Martha and Angelica and by his brother, Daniel.
After graduating from Le Grand High School, he served for 4
years in the Navy, completing two tours of duty in Iraq, and he began his career as a correctional officer
on August 5, 2007. His life of service was cut tragically short.
Mr. Speaker, I have long voiced my concerns, most
recently in a letter I sent in April to the director of the Bureau of Prisons, about the lack of sufficient resources
and staff to safely operate our Federal prisons.
The fact is that staffing levels are decreasing while inmate populations
are increasing. The Atwater Penitentiary is operating at 85 percent of the staffing level and is at 25 percent overcapacity
for inmate levels.
As we honor Officer Rivera's legacy of commitment and service to our country, his senseless death
is a reminder that we must provide adequate funds to keep our prisons and our communities safe.
Florida Prison
Guard Raped And Murdered
Authorities: Inmate With Sex Crime History Killed 50-Year-Old Officer After Lights-Out
DAYTONA BEACH, Fla. , June 26, 2008
Inmate Enoch Hall, 39, (Florida Department of Corrections)
CBS/ AP) Authorities say an inmate raped and murdered a female corrections officer at a Daytona Beach
prison.
The Department of Corrections reports that Enoch Hall attacked Officer Donna Fitzgerald Wednesday night while
she was on duty at the Tomoka Correctional Institution. The Port Orange woman had worked at the prison for 13 years.
WESH-TV
in Orlando reported that Fitzgerald, 50, discovered Hall hiding in a warehouse area of the prison after lights-out on Wednesday
night. The inmate then attacked her.
State prison records show that Hall, 39, is already serving two life sentences
for sexual battery with a weapon and kidnapping convictions from a 1993 case.
"Words cannot express the sorrow I feel
over the loss of our correctional officer," said Department of Corrections Secretary Walter McNeil. "The entire department
grieves the murder of one of our finest officers, and we pray for the victim's family during this difficult time."
The
Florida Department of Law Enforcement is investigating the attack. No charges have been filed
U.S. Senator Ken Salazar
Member: Finance, Agriculture, Energy, Ethics and Aging Committees
2300 15th Street, Suite 450 Denver, CO 80202 | 702 Hart Senate Building, Washington, D.C. 20510
Sen. Salazar Continues Push for Immediate Action on Florence Prison Staffing & Security Issues
DENVER, CO – In response to incidents like this weekend’s riot that resulted in two deaths and
several injuries at the United States Penitentiary in Florence, Colorado and repeated requests for the Administration to take
action, United States Senator Ken Salazar today wrote a letter to Attorney General Michael Mukasey expressing his continued
concern regarding escalating violent incidents largely due to staffing shortages and security shortfalls there. Senator Salazar
also asked the Department of Justice and Bureau of Prisons to take immediate action to address these problems and requested
an independent report on security at the Florence campus.
In his letter Senator Salazar requested, "an immediate response to the incidents that took place at the United
States Penitentiary (USP), a high-security prison in Florence, CO on Sunday April 20, 2008."
Senator Salazar also wrote, "I believe your evaluation of this violent incident should take into account the security
concerns I and others have pointed out over the last several years, and I urge the Department of Justice and the Bureau of
Prisons to take immediate action to address these problems. I am also asking for an independent report by the Government Accountability
Office (GAO) to assess security at the facilities on the Florence campus, including the USP, the Federal Correctional Institution
(FCI) and the Administrative Maximum Facility, or Supermax."
Senator Salazar has repeatedly urged the administration to take action on this issue. In February 2007, Attorney General Alberto Gonzales joined Senator Salazar to tour the Florence campus, where they met with officials to discuss
the safety needs of the correctional officers. On March 1, 2007, Senator Salazar wrote to Attorney General Gonzales expressing
his continued concern with security, including staffing levels.
Near the end of 2007, in response to the increasing levels of violence, Senator Salazar successfully included language in the report
accompanying the Fiscal Year 2008 Omnibus Appropriations Bill directing the BOP to allocate the necessary resources to address
the staffing and security needs of the ADX, which will also aid in boosting security at the other prisons. To date, the BOP
has not allocated additional staff to correct the problem.
Senator Salazar’s entire letter to Attorney General Michael Mukasey is included below.
April 21, 2008
The Honorable Michael Mukasey U.S. Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington,
DC 20530-0001
Dear Attorney General Mukasey:
I write to request an immediate response to the incidents that took place at the United States Penitentiary (USP), a high-security
prison in Florence, CO on Sunday April 20, 2008. I believe your evaluation of this violent incident should take into account
the security concerns I and others have pointed out over the last several years, and I urge the Department of Justice and
the Bureau of Prisons to take immediate action to address these problems. I am also asking for an independent report by the
Government Accountability Office (GAO) to assess security at the facilities on the Florence campus, including the USP, the
Federal Correctional Institution (FCI) and the Administrative Maximum Facility, or Supermax.
As you know, a large fight broke out in the recreation area of the USP, endangering security personnel and leaving two
inmates dead and five others severely injured. There were reports of hundreds of rounds of ammunition being fired to break
up the incident.
As I’ve discussed with Director Lappin and then-Attorney General Gonzales, the safety and security of the prison
staff at the Florence complex is critically important. The incident this weekend demonstrates a continued pattern of violence
that has been escalating over several years on the Florence campus, not only at the USP, but at the Supermax as well. Warden
Wiley has indicated that correctional officers can be transferred between each prison facility to meet specific security needs
at a certain time, and I am concerned that this may leave the other facilities dangerously understaffed.
Since March 2005, the American Federation of Government Employees (AFGE) Council of Prison Locals 1302, the union representing
the correctional officers on the Florence campus, has been asking for adequate levels of staffing needed to ensure the safety
and security of the prison facilities on the Florence campus. Early last year, after seven staff members were hurt in what
the BOP called a "near riot," a union representative asked Congress to authorize more correctional officers for the USP.
In
early 2006, AFGE Local 1302 filed a grievance with the Bureau of Prisons alleging that the Bureau did not staff the Supermax
to the minimum levels to maintain the safety and security of the institution. In the fall of 2006, a federal arbitrator ruled
that staffing at the Supermax had become so low that job hazards had increased for correctional officers there. My concerns
about security caused me to invite then-Attorney General Alberto Gonzales to tour the Florence campus in February 2007, where
we met with officials to discuss the safety needs of the correctional officers. On March 1, 2007, I wrote to Attorney General
Gonzales expressing my continued concern with security, including staffing levels.
I have urged the administration to take action on this issue repeatedly throughout my tenure as a United States Senator.
In 2006, I requested President Bush to take appropriate action to address the staffing needs on the Florence complex. In 2007,
in response to the increasing levels of violence, I included language in the report accompanying the Fiscal Year 2008 Omnibus
Appropriations Bill directing the BOP to allocate the necessary resources to address the staffing and security needs of the
Supermax, which would also aid in boosting security at the other prisons. I also wrote to Federal Bureau of Prisons Director
Harvey Lappin urging him to use funds from the FY08 Omnibus Appropriations Bill to meet the safety and security needs at Supermax.
To date, the BOP has not allocated additional staff to correct the problem. The GAO report I am requesting will objectively
examine the critical staffing and security needs of the Florence campus, which I believe is necessary given the failure by
the Department of Justice to address these security concerns in a meaningful way.
Meeting the security and staffing challenges on the Florence facility are of paramount importance to the hard-working men
and women who staff the four prisons. As yesterday’s riots demonstrated yet again, it is time for the Department of
Justice and the Bureau of Prisons to immediately address the safety and security needs of the Florence federal correctional
facilities. I ask that you provide an immediate report regarding the steps that are being taken to address these critically
important safety issues.