MON MAR 11, 2013 AT 07:47 PM EDT

Nevada Ways and Means Committee Weighs in on Prison Industry Battle

byBob SloanFollow

 
 
 
 

The Result of Bureaucrats’ Operating as Businessmen

In the continuing saga of Nevada’s Silver State Industries (SSI), the Legislature’s Ways and Means Committee held a hearing this past Friday, March 8th to discuss the budget of the Nevada DOC which includes state prison industry operations.

Critics of the industry program have found traction with the discovery that Alpine Steel, a private company, had access to inmate labor, subsidized facility leases and even with those subsidized benefits owed the state more than $400,000 in accrued debt.  In late 2012 when this story first broke, it was discovered that Alpine also owed inmate workers back wages to the tune of $78,000.  Because inmates are “assigned” to industry jobs by the NDOC, they were prohibited from simply quitting or asking for a reassignment due to not being paid.  They worked for an extended period without receiving any compensation for their labor – or if they were paid the wages did not come from their employer, Alpine Steel.

On Friday morning Committee members had an opportunity to question two top NDOC officials, Director Cox and his Deputy Director in charge of prison industries, Brian Connett.  Those in attendance described the meeting as tense between lawmakers and corrections officials.

Once this story broke in the media, Alpine made the necessary back wage payments to the inmate workers – but continues to owe the state for delinquent lease payments and NDOC staff salaries.  One Assemblyman asked the Deputy Director if the state had paid those salaries, and if so had Alpine repaid the outstanding wages.  The response was a half-truth, with Connett responding, “The back wages have all been paid.”  In fact those wages are part of the total $415,000 owed by Alpine.  The wages already paid are those owed to inmate workers – not NDOC staffers, which remain outstanding.

At times lawmakers displayed exasperation as they attempted to extract factual answers from Cox and Connett, who had difficulty answering direct questions related to prison industry operations; failing industry programs, financial losses and low cost leases of public facilities to private companies.

Cox and Connett were even less open about the situation involving Alpine Steel’s use of inmate labor to compete against other businesses in Southern Nevada, or the huge sum owed by Alpine to the NDOC for back lease and DOC staff payments.

Though lawmakers voiced concerns of the impact upon workers in the private sector and competing businesses, Cox and Connett did not seem to share those concerns, instead advocating that inmates need training while incarcerated to help reduce recidivism.  The irony of turning prisoner training over to a company with a history of questionable business practices - IRS tax liens ($668,000+), $415,000 in back lease and DOC staff salary obligations, unpaid state taxes (new Nevada Dept. of Taxation lien for $37,000 filed within the past month against Alpine’s owner, Randy Bulloch), lawsuits for money owed to creditors (F&M Steel and Pierce Aluminum) and is in litigation over unpaid worker’s compensation claims ($84,716 owed to Explorer Insurance Co.) – was apparently lost on Director Cox.

After all the controversy, debt owed to the state and concerns of both Nevada’s organized labor, workers and private businesses, Cox appeared openly insensitive to both issues by advising Committee members if Alpine’s business picked up, he would reopen the metal fabrication shop at High Desert State Prison to the company! This is indicative of a bureaucrat who genuinely believes he can make such decisions without consulting higher government or legislative authorities.

The general attitude of both was that inmate training was more important than the possible loss of jobs to Nevada’s unemployed steel workers, the potential for lost tax dollars or the impact upon businesses competing with Alpine Steel – or any of the half dozen other companies operating under joint venture contracts with Silver State Industries.

At one point Connett indicated that some of those complaining had been offered a chance to “partner” with the prison industry and had declined, seeming to suggest those businesses shared responsibility for any damage resulting from competition from prison industry operations…because they didn’t take him up on the offer.

Some answers provided to the Committee were enlightening, if incomplete.  Director Cox stated,”the cold hard facts are now that we have to aggressively look at what industries are not turning a profit.”

In addition to losses sustained by prison industry operations, the administrative office is operating in the red ($165,000+ over past two years), the industries’ furniture and metal, auto, upholstery and drapery shops have lost hundreds of thousands of dollars during the past few years.  Collectively Silver State Industries lost $81,597 in 2011 and $237,793 last year overall.

In 2010 the prison industries turned over more than $800,000 in accounts receivable to a collection agency and currently SSI’s past due AR account is in excess of $600,000.  In the budget discussion it was disclosed that the prison industry arm of the NDOC had a reserve fund of $1.5 million which due to continuous losses has been reduced to half a million.  If forced to absorb Alpine’s debt, the reserve fund will be exhausted.

In response to the dwindling reserve, Assemblyman David Bobzien, D-Reno voiced concern that when that reserve is exhausted, the prison industry would begin to dip into the general revenue fund, saying, “This is a clear track into the dirt, and without substantial retooling, it’ll be in the hole”

Bobzien and Assemblyman Michael Sprinkle, D-Sparks, questioned Cox about whether industry programs would be cut and what the department would do to get its industry program on a sustainable track.

Cox said he’s “very pessimistic” about future revenues and that “when resources go, of course programs will go.”  They were unable to get Cox to provide them with definitive responses or propose solutions to cure the industry’s financial woes.

“It appears that at some point the reserves are going to run out, but in the meantime, it’s a loss-loss across the state,” Assembly Speaker Marilyn Kirkpatrick, D-North Las Vegas, said, weighing in.

Kirkpatrick also had difficulty getting straight answers to some of her questions on business management issues and as to whether the prison industry program is really about training or rather a work program, putting inmates to work for privately owned companies at the expense of non-inmate workers.

In supporting the prison industry operations, Connett pointed to the “Big House Chopper” program.  An industry created by Howard Skolnik when he was in Connett’s position.  While using that program as an indicator of the work inmates were capable of and alluding that this industry was successful, he failed to advise the Committee thathe closed that program two years previously:

“Mr. Magnani said some time ago the motorcycle production was shut down, there was some motorcycles that Prison Industries was attempting to sell online. Mr. Magnani requested an update to the status of the built motorcycles. Mr. Connett informed the Committee that three motorcycles were for sale. Prison Industries was looking at reducing the price based on the current market. The motorcycle operation has been discontinued.”

Prison Industries manufactured a total of five motorcycles.  Two of those were sold in a “sweetheart deal” to one of Connett’s other prison industry companies, Thomson Equipment.  Despite vigorous advertising on eBay and other outlets, the remaining three have now sat for several years without any interest shown by potential buyers.  Another example of funds wasted to advance a prison project that has eaten away at the profits generated by other industries – both in dollars spent for materials as well as advertising.

Clearly referring to the motorcycle industry, the Deputy Director exhibited these half-truths to the Ways and Means Committee in an attempt to justify the need and usefulness of continued “training” of prisoners – whether the industry providing the training is viable or not.  In the case of Big House Choppers, it is long gone.

Examinations of the financial statement(s) for SSI for 2011-12 reflect that traditional prison industries such as farming, ranching, license plates, prison garment(s) and printing were all profitable.  It is the industries operating in partnership with private companies that are failing; metal shop (Alpine), drapery, automotive and upholstery for example.

Not only are these failing industries losing money, they are the ones negatively impacting upon private workers, potential workers and suppressing expansion of competing Nevada businesses.  These are also the industries that have been receiving substantial tax and lease benefits that are denied to competing businesses, resulting in an unfair advantage.  Companies using inmate labor do not appear to be paying Nevada’s Modified Business Tax, which further depletes the tax base while increasing potential corporate profits and disadvantaging their competitors.

Another issue of contention was the lease agreement between SSI and Alpine.  In 2011 Alpine was in arrears yet Connett authorized a lease contract that provided 19,000 square feet of manufacturing space at the unbelievable rate of $.26 cents per square foot ($5,000 per month).  The Nevada average for such space has been depressed due to the recession, but is currently at $.68 cents per square foot.  For the same square footage a private company would pay $12,990 per month in the “free world.”  This saved Alpine as much as $95,000 a year in operating expenses.  Assemblyman Bobzien called the Alpine lease an “unfair subsidy”.  There was no question as to how many of the other companies partnered with SSI were receiving similar low cost leases.

All of the losses described above, lead to more than an “appearance” of total mismanagement.  It is assumed that Greg Cox was chosen as the Director of the NDOC based upon an ongoing career in corrections.  He wasn’t chosen for his business acumen.  Putting him in charge of overseeing contracts, leasing arrangements and other commercial business decisions appears to be well outside his expertise.  Between them, Cox and Connett have made decisions that have negatively impacted taxpayers, private businesses and Nevada’s workers – yet when called before a legislative body to explain those decisions, they exhibited their lack of actual knowledge and experience in business practices.  Making matters worse they demonstrated they were willing to blunder through and by making statements claiming they would reopen the prison metal industry to Alpine Steel…and claiming Alpine Steel deserved a lower lease rate because of the difficulties of getting materials in and out of the prison and transportation logistics.

Again it needs to be said that those are matters for someone higher along the government chain to consider and make the final decision on.  It is unrealistic to allow a Deputy Director or Director to enter into binding contracts and leases that reduce the revenue streams from leasing state owned property or facilities.  It is also unrealistic to give Cox or Connett the authority to waive payments owed for leases, salaries or materials owed to the state.  By assuming these duties, these bureaucrats were gambling with taxpayer money, betting on Alpine Steel and similar companies to ultimately become viable and repay debts owed – debts they allowed to accrue and are now having difficulty justifying.  All can now see they lost that wager, with Alpine Steel and other companies owing NDOC more than $600,000 collectively.

In the public discussion period following the questioning of Cox and Connett, Danny Thompson, executive secretary treasurer of the Nevada AFL-CIO discussed the impact upon non-inmate workers on the outside from contracts such as that between SSI and Alpine.  He brought up the issue of safety to Nevada citizens that travel over or under a bridge spanning Interstate 15 that was constructed using prisoners in a “training program”. He said Alpine Steel produced steel girders for the construction project at the North Fifth Street Bridge in North Las Vegas and he questioned whether strict certification requirements for such projects were complied with in the training of inmate workers.

Thompson also called into question whether the materials used in the project met strict industry, state and federal specifications as to stress, weight and other factors involving materials used in the project – and wanted to know if inspections were conducted properly.  He also expressed concerns over the Wet ‘N’ Wild theme park project where Alpine was the structural steel contractor, saying he worried about the safety of children and families who would be visiting the park where inmates in training made many of the steel components.

A member of the Iron Workers Union, Local 433, Robert Conway also spoke, stating he had three hundred and fifty qualified iron workers without jobs, while the state was helping provide inmate welders for Alpine at wages far below the prevailing wage.  He also voiced concerns over the safety issues raised by allowing inmate steel workers to fabricate steel components used in public projects.

In response to criticism from Committee members and the public, Alpine owner, Randy Bulloch appeared via teleconference from Las Vegas and issued a statement in response to Thompson’s concerns, claiming that inmate workers were in fact certified as required.  He denied the use of structural steel components manufactured by Alpine in the bridge project and added that he had copies of material inspections and specs.  Bulloch spoke about his company in general terms but made no effort to defend the use of prison labor in the manufacture of structural steel used in his business.  It should be noted that Alpine Steel makes no mention on their website of the use of prison labor in manufacturing steel components, or that the company is involved in helping train prisoners.  That factoid is noticeably absent – as it is with TJ Wholesale and Jacob’s Trading, two other companies partnered with SSI and leasing facilities from the NDOC.

What wasn’t posed to Connett and Cox in the questioning by the Assembly Committee was the issue of a potential conflict of interest involving Nevada’s prison industry and compliance oversight.

The trade group,National Correctional Industries Association (NCIA) provides oversight over all prison industries in the U.S. and of late, internationally.  The NCIA does this under a grant from the Bureau of Justice Assistance.

This trade group advocates and lobbies on behalf of companies, corporations and organizations involved in prison industry operations, supplying those operations or benefiting from the labor of inmates.  Connett is currently serving as the Chairman of the NCIA and thus able to make determinations as to whether his actions and thus SSI are in compliance with prevailing laws.

This trade group advocates and lobbies on behalf of companies, corporations and organizations involved in prison industry operations, supplying those operations or benefiting from the labor of inmates.  Connett is currently serving as the  and thus able to make determinations as to whether his actions and thus SSI are in compliance with prevailing laws.

Many of the questions posed to Cox and Connett by the Committee members arose due to a comprehensive study I conducted for the non-profit Voters Legislative Transparency Project(VLTP) organization. As Executive Director with an interest in prison industries, I have been involved in researching and investigating prison industry programs for more than a decade.  In January VLTP submitted the studyof Nevada’s prison industries to members of the Nevada legislature, Governor Sandoval, AG Masto and Secretary of State, Ross Miller.

In that report many of the deficiencies and issues discussed Friday were presented along with documentation supporting the conclusions and recommendations made.  The questions posed by Committee members indicates they had all read the study and wanted answers to the questions raised by the research.

One observation made during the research phase of compiling the study, is that it appears that Cox, Connett and the NDOC are attempting to run the state department of corrections as a “business” rather than a state agency.  Partnering with businessmen and women who deal daily in matters of profit/loss and market share, the NDOC is woefully unprepared, as the accounts receivable and low-cost lease to Alpine demonstrate.  Director Cox, Connett and the NDOC seem not to understand that any losses arising from these partnerships between SSI and private companies are ultimately borne by Nevada’s taxpayers.  This already happened in 2010 when Cox’s predecessor, Howard Skolnik applied for a Supplemental appropriation from the Legislature due to losses incurred from recession and reductions in prison industry income.

With more than a million in uncollected debt since 2010 and lost streams of revenue due to sub-par leases, industries losing hundreds of thousands of dollars annually, the NDOC is being critically mismanaged.  As a state agency, it is the taxpayer who will be left making up the lost revenue from this lack of management.

One recommendation made directly to the Governor was that Nevada adopts the in-place mandatory guidelines of the Prison Industries Enhancement Certification Program (Pie Program).  This program allows joint ventures between private companies and state prison industries.  It provides a way for private enterprise to have access to inmate labor and to distribute products across state lines, sell to the U.S. government in amounts exceeding $10,000 and to sell those goods in consumer markets.

The Pie Program has nine mandatory requirements and four of those developed by Congress for this program include:

Wages. Authority to pay wages at a rate not less than that paid for work of a similar nature in the locality in which the work is performed.

Non-inmate worker displacement. Written assurances that PIECP will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or significantly impair existing contracts.

Consultation with organized labor. Written proof of consultation with organized labor prior to program startup.

Consultation with local private industry. Written proof of consultation with local private industry prior to program startup.

Nevada is already participating in this program and has Pie Program operations running in the prison industry.  Those businesses appear to be operating without financial losses to the state or SSI, in compliance with the mandatory requirements and thus, not exhibiting any of the problems the non-Pie Program involving Alpine is.

Adopting these regulations would ensure consultation with competing businesses, labor groups, and unions ensuring inmates are paid the required prevailing wage.  Since the NDOC deducts 24.5% of the gross wages paid to inmate workers, the amount taken through this deduction would increase and those funds would be used to offset the costs of incarceration. Combine adopting these guidelines with genuine oversight provided by the Nevada Board of Prison Commissioners, chaired by Governor Sandoval and I believe this is a solution to the existing problems experienced by the NDOC.

Continuing to allow a private non-profit trade association to oversee the state’s prison industries in the face of the controversy that has erupted while they had such oversight duties, is asking for more trouble.  As the head of the NCIA Connett has demonstrated he lacks the desire to enforce compliance and he is willing to put the interests of that organization above his responsibilities to the state.

INSOURCING - Will Florida's new Gov. Scott fall in with the crooks...or clean them out?
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by Bob Sloan

Thu Dec 23, 2010 at 05:22:44 PM PST

Here are links to the last 4 segments in the INSOURCING series:
INSOURCING - Florida Gov. Elect trashes PRIDE for prison industry operations

INSOURCING - Stimulus funds go to Prisons - their Lobbyists accompany new lawmakers to Washington

INSOURCING - Has the main enabler to job losses and slave labor in Prison Industries been caught?

INSOURCING - How your government does not protect your jobs or prosecute PIECP Violations

Yesterday I wrote about the advice given to Florida's Governor-Elect, Rick Scott by his transition team regarding the Florida Department of Corrections (FDOC) and Florida's prison industries operated by the non-profit corporation, Prison Rehabilitative Industries and Diversified Enterprises (PRIDE of Florida). Today I'd like to continue the discussion by better explaining PRIDE's activities and business practices that have resulted in such harsh language about them by the transition team - as well as others.

In simple terms it's because this corporation once served a necessary and important service for the state. They took over a state run prison industries that was floundering and costing the taxpayers hundreds of thousands of dollars a year to fund and turned those industries around within 4 short years. From 1980 through 1990 PRIDE was held out to all other state prison operations as a glowing and shining example of how private enterprise could work hand in hand with states to address recidivism through training and hard work.

In 1999 PRIDE participated before the U.S. House of Representatives' hearing: "OPTIONS TO IMPROVE AND EXPAND FEDERAL PRISON INDUSTRIES HEARING BEFORE THE SUBCOMMITTEE ON CRIME OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES". PRIDE's General Manager of New Business Development, Michael N. Harrell (Keep Michael Harrell and Pamela Davis' name in mind as you read the rest of this segment) spoke to the committee that was chaired by Bill McCollum (R) of Florida. In that Committee hearing McCollum and others were attempting to "improve and expand the Federal Prison Industries." In fact McCollum was so proud of "his" state's prison industry operator, PRIDE, that he wanted to use PRIDE's business format as a basis for "improving" the federal prison industry. But I lost track again...PRIDE was being heralded as the pioneer in using inmate labor to produce products and lower costs for private sector manufacturers during the 1990's.

Other states began to integrate PRIDE's business plan into their own state run industries. This was the corporation that was drug store magnate Jack Eckerd's brainchild. He worked throughout the late 70's and early 1980 working with Florida's Governor and Legislature to get their approval to try his innovative approach to combining prison industry with training and a reduction in recidivism. He was successful and so was PRIDE through 1990.

During those early years Eckerd saw to it that PRIDE kept on track with the mission goals of the program he'd put into place: training of inmates in prison to reduce idleness and provide released offenders with the skills necessary to allow them to gain employment and avoid a return to prison. Eckerd also made sure PRIDE maintained an employment service for released inmates that worked with local businesses and manufacturers willing to hire ex-offenders. In addition PRIDE provided reentry assistance to those released: vouchers for tools, housing assistance, resume writing assistance. In other words back then PRIDE was totally dedicated to the mission goals set by the Legislature.

In 1990 Eckerd stepped down as Chairman of PRIDE's Board. At the same time J. Floyd Glisson also resigned from his post as President of PRIDE. At the time they both voiced opinions that they were concerned with the direction new PRIDE Administrators were taking the corporation - away from training and concentrating on profits. Both Eckerd and Glisson went on to other projects, most of which had to do with public service duties on behalf of the people of Florida.

Pam Davis succeeded Glisson and eventually took over as CEO of PRIDE. SHe was PRIDE's CEO at the time of the above-mentioned House Committee hearing. This was the pre-2000 PRIDE.

From 1999 through the present both PRIDE and the FDOC have become what can only be termed corrupt. PRIDE turned it's corporate efforts to illegal acquisitions in pursuit of more and more profits while the FDOC began a period of total anarchy. Secretary's of the FDOC from 1999 through early 2006 ran the FDOC in a manner that became openly called the "Dixie Mafia". Steroid and drug sales rings operated within the institutions, run by senior officials of the FDOC. Inmate abuse frequency escalated, staff began raping female staff members and lavish orgies were held at the state owned homes of top DOC officials. Kickbacks brought down Secretary James Crosby in February 2006 - along with his number one "road dog" A.C. Clark.

While the FDOC was busy finding ways to skim as much money as they could from taxpayers and through lucrative contracts that provided kickbacks to the top officials, PRIDE was busy doing damn near the same thing. Davis formed a number of spin-off corporations to use to launder PRIDE funds through to the benefit of she and other members of the PRIDE Board and executives involved. Davis also implemented a policy of partnering with private sector corporations under PIECP to allow the FDOC inmates to be used as laborers for those corporations. Even that wasn't enough though, and Davis and PRIDE began a plan of partnering with then stealing entire companies - literally taking every piece of equipment of her "partners", products, materials and technologies they had developed. Davis was assisted in this by her favorite cohort, legal counsel, resident agent and lobbyist, Wilbur Brewton (mentioned in yesterday's segment and named prominently in the Transition Team Report of Rick Scott). The plan worked by PRIDE having the "partners" move all equipment and supplies into one of the prison industry facilities upon prison property. Once PRIDE staff learned the production process completely, PRIDE would accuse the partner of owing them money, kick them off the property and Wilbur Brewton would then file suit against the former partners and inundate them with motions, discovery demands and stall long enough until the former partners spent all the money they had to file counter suits and prosecute those and defend PRIDE's false charges. This was a good plan, as without equipment, materials or supplies to keep their operation going, these businesses quickly ran out of money to fight the takeover and theft. End result; PRIDE kept everything and continued operations on their own.

The connection between PRIDE and FDOC were not just the inmates kept by one and worked by the other...Crosby as Secretary of the prison system also sat upon the Board of PRIDE - alongside Pam Davis. In that capacity he had the authority to remove all of PRIDE's partners from the state prison property and the staff to keep them from ever gaining access again - to the prison property or their equipment, materials or supplies.

In 1999 Davis served upon or within PRIDE and all of the spin-offs she'd helped fund and form. She also sat on the boards of the Florida Chamber of Commerce, Florida Tax Watch and had served as a director of the NCIA and that year she was serving as the Treasurer of that organization. She was also named to the Florida Council of 100 by Governor Bush.

From 1999 through 2005 the situation in Florida was that crooks were being guarded by crooks and being worked by other crooks - Crooks Crooks and Crooks? sounds like a law firm PRIDE had at one time before switching to Greenberg Traurig, or as I prefer to say, "Do, We Cheat'em and How". How the hell does that kind of thing work!? I mean what is up with that?

In 2005 the Governor's IG issued a report critical of PRIDE about the spin-offs and no-bid contracts between both. This resulted in the resignation of CEO Davis, President Bruells, CFO Robert Smith and several other PRIDE executive staff. After the report came out Governor Bush demanded the entire Board of Directors (appointed by the Governor) resign. Guess what? They had enough pull with the Legislature and at the Executive level through lobbyist Brewton that PRIDE and the Board thumbed their nose at Bush and told him in essence, to pound salt.

In 2006 the indictments of Crosby and Clark were issued and they were arrested, later accepting reduced prison sentences in exchange for guilty pleas. Davis and the rest of PRIDE avoided any prosecution by the state and were still able to avoid public exposure about their thefts of the 5 Florida businesses under the PIECP partnerships.

James McDonough was appointed by Governor Bush to take Crosby's position as Secretary of the FDOC. The Governor also replaced 5 of the PRIDE Board in January of 06, when their terms expired. Jack Edgemon was chosen from within PRIDE as the new President. The CEO position was left open. McDonough was expected to clean up the corruption in the FDOC and Edgemon was supposed to do the same thing with PRIDE. One succeeded too well and the other chose instead to cut himself - and his family - in on the money flowing through PRIDE.

McDonough went through the FDOC like a whirlwind; 20+ senior and many more mid-level staffers were given the boot. From 2006 through early 2008 James McDonough gained many supporters and accolades from the Legislature and public for cleaning up the FDOC. He believed the corruption had been eradicated from the Department within months of taking over and he turned his eye toward PRIDE where he also held a seat upon the Board.

PRIDE's President Edgemon took the low road. He upped his salary and instead of cleaning up PRIDE's situation involving the theft of the companies they stole, he approved the funding by his son-in-law of two for profit corporations - Century Meats and Circle A Brands - to be run by another former PRIDE employee. These companies took the place as PRIDE's business partner in the food processing industry operation, replacing ATL Industries (who they stole the business from). In addition, PRIDE worked closely with former ATL customers to help Century meats and Circle A to take over the federal and private contracts held by ATL. This effectively put ATL out of business and money to continue to battle them in Court.

In 2006 McDonough ordered his Inspector General to open an investigation into allegations I had provided to him concerning PRIDE. McDonough is a non-nonsense kind of guy and in responding to my allegations he asked for documentation and input as to what I thought needed to be done to fulfill PRIDE's role in training and reentry since that was their mission goal.

I provided the documents I had along with a plan that outlined my suggestions of replacing the entire PRIDE Board or the FDOC taking over the prison industries entirely. I told him the one thing that needed to be done was taking the PIECP certificate back from PRIDE.

Twice in 06 I met with Secretary McDonough at the PRIDE Board meetings and in between we corresponded about our concerns regarding PRIDE. In September 2007 the FDOC IG completed the PRIDE investigation and submitted it to McDonough. He resigned that same month from the PRIDE Board. In October he openly called upon the Governor and Legislature to abolish PRIDE and turn the prison industries and the PIECP certificate over to the FDOC. In addition McDonough demanded several million dollars in room and board deductions from PRIDE that they had taken out of the wages of inmates under PIECP and were supposed to turn over to the FDOC. The Governor agreed with McDonough and the Legislature threw a fit. When the dust settled, Secretary McDonough retired, the PIE Certificate was ordered turned back over to the FDOC and legislation was enacted on the issue of allowing the FDOC to operate the prison industries.

From 2007 to 2009 many things occurred that reinforced the concerns demonstrated by myself and Secretary McDonough: One of the companies stolen by PRIDE received a judgment against PRIDE's spin-off, Global Outsourcing (Pam Davis was the President of that one, Brewton was the attorney and resident agent of Global) for $31 million. Named in the suit? Davis and Mr. Mike Harrell (who gave testimony about PRIDE's successes at the House Sub-Comittee hearing in 1999). PRIDE hired Greenberg Traurig as their representative in one of the stolen business cases. Secretary McNeil that replaced McDonough has defied Governor Crist's demand that the FDOC take back the PIE Certificate, citing Departmental financial restraints (lest we forget, McNeil also holds McDonough's old seat on the Board of PRIDE and following his refusal to take back the certificate, PRIDE's Board in 2009 voted him the "best Secretary the FDOC has ever had").

So the important Certificate remains with and under the control of, PRIDE. Some wonder why this Certificate is worth fighting over when PRIDE only "trains" 2% or less of the inmates in FDOC and they're a "non-profit" corporation. Why put up such a battle over less than 2% of the inmates? Well because that certificate can only be held by one entity in the state issued and whoever holds it has control over which industries fall under PIECP and also over PIE industries being operated by private prison industries. The certificate allows PRIDE to sell their products upon the open markets of Florida and the holder of that certificate controls all PIECP operations in the state. Power, money and influence is attached to that piece of paper issued by the U.S. Department of Justice.

Complaints and documents I sent to Florida's Attorney General, Bill McCollum (yeah, that's right the same McCollum who chaired the House Sub-Committee Hearing back in '99) were forwarded by him to PRIDE's General Counsel, Ron LaFace (of Greenberg Traurig fame). Named in those documents were LaFace and PRIDE's long time spokesman and legislative liaison, Foster Harbin. I accused both of illegal or improper lobbying for PRIDE to amend a Florida statute to the benefit of PRIDE. Within days of receiving my complaint and the documents from McCollum, both LaFace and Harbin resigned their positions with PRIDE. And the crème de la crème? PRIDE hired Brewton back as their General Counsel. Now he is their resident agent, general counsel, lobbyists and sits on PRIDE's Board of Directors!

As I quoted from the Transition Team report yesterday, none of that legislation has made it out of committee, through "obstruction" provided by PRIDE's lobbyists in Tallahassee.

McDonough was able to clean up a huge state department rife with all classes of corruption, 28,000 employees and 100,000 inmates...but when he tried to clean up PRIDE - he ran into a brick wall and ultimately became another victim to their influence and power in the state capitol.

Now several years later, the F.B.I. and the Bureau of Justice Assistance are both investigating PRIDE and I certainly hope their findings result in mandatory prosecutions and a disbanding of the entire corporation.

So in the end all the important and influential players have taken up their positions within PRIDE and the FDOC. The incoming Governor's transition team is calling for reform of the FDOC and PRIDE and that the FDOC or state take back the PIECP certificate. This looks like it could become a nasty fight in the upcoming Florida Assembly - or will it? Scott is already known as purportedly being corrupt for defrauding Medicare through his business, so will he clean up both the department and PRIDE...or will he fall in with them?

Why should any of this matter to you? Because if you live in Florida thousands of your jobs have already been lost to or because of prison labor. If you live in any of the other 41 states operating under PIECP...you may have already lost one of the other thousands of jobs that have gone to prisoners...

Answer the poll and let me know

Poll
Will Rick Scott abolish PRIDE and clean up the FDOC? Or will he join them in further scamming Florida taxpayers?

Scott will clean up FDOC and PRIDE.
Scott will try, but fail because of PRIDE's influence with the legislature
Scott will ignore the advise of his transition team and leave both FDOC and PRIDE alone
Scott will cut himself into the corruption and money made from it.
Scott will resurrect and become the new head of the "Dixie Mafia".
I don't know
None of the above
| 29 votes | Results
COMMENTS to DK diary below

Tip Jar (15+ / 0-)
"Inmates should be reformed...not recycled"

by Bob Sloan on Thu Dec 23, 2010 at 05:22:42 PM PST
[ Reply to This ]
What an amazing diary. (8+ / 0-)
I am left wondering if one of the companies PRIDE 'installed' was yours?

I call insourcing OnShoring Labor.

The issue of private prisons and prison labor for profit and being the country with the highest percentage of incarcerated is really, really chilling.

You might enjoy this diary with a list of states and what their prisoners make:

Onshore Manufacturing - Cheap Prison Labor

by War on Error [Unsubscribe] [Edit Diary]

Sun Dec 21, 2008 at 08:53:06 AM PST

It's difficult to be happy knowing so many suffer. We must unite.

by War on Error on Thu Dec 23, 2010 at 06:03:55 PM PST
[ Reply to This | RecommendHide ]
Thanks and I read your diary linked above (5+ / 0-)
I read it and have to ask some of the same questions myself over and over again. Still haven't gotten a realistic answer to most.

This is why I didn't go near Onshoring when I began the series. These folks are busily trying to hook up small private sector companies with prison industries closest to their operation, so prison labor can replace their labor need.

They're prison labor brokers! Hard to believe anyone would choose that for an occupation, huh?

"Inmates should be reformed...not recycled"

by Bob Sloan on Thu Dec 23, 2010 at 06:20:50 PM PST
[ Parent | Reply to This | ]
Absolutely sick. (2+ / 0-)
Wonder what they're business card say on it...probably something stupid like

John Smith
Labor Infrastructure Analyst
US Prisons

You know what would be cool Bob....setting journalism students all across America on this story. Have them go to local area prisons and confront wardens regarding stories of prison labor. Then post the videos on facebook and youtube and political blogs, or maybe even send it in to their local television stations.

Hmmm...wonder if Mike Stark is still around. That dude is pretty aggressive with the confronting.

Sigh. Just thinking outside the box.

Hope you're doing well tonight Bob.

Bob Sloan: INSOURCING Slavery in the land of the free

by cosbo on Thu Dec 23, 2010 at 09:13:17 PM PST
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Thanks for stopping by and dropping (1+ / 0-)
such a neat suggestion. I wish I were able to coordinate something like that - journalism students.

However, it takes the mainstream media outlets with the most viewers to help get the work out, and they're mostly held by a few and won't say anything to upset owners - who may just have money invested in the likes of CCA.

Trying to get Christmas stuff done so Sunday I can put that behind - one more time, sigh...

"Inmates should be reformed...not recycled"

by Bob Sloan on Fri Dec 24, 2010 at 08:35:44 AM PST
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I wonder if the goal (0+ / 0-)
is to create a 'kinetic' system.

If prisons continue, and then succeed in bringing all the services needed to run/maintain the prison inside the prisons, they become a sort of "independent nation' operating within the communities they reside.

What is clear and impossible to defend is the reality, which your diary clearly points out, is that the US has created a huge Prison Industry.

Think about this. Robber Barons created/amassed great wealth with 'resources' that are freely provided by the earth, less the cost of extracting the resources.

Prisoners are a 'freely provided resource' for those morally bankrupt enough to profit from them.

Via poverty and neglect, the US 'manufactures' a 'cradle to prison' resource.

When will we the people be willing to push back against all that enables this travesty?

It's difficult to be happy knowing so many suffer. We must unite.

by War on Error on Fri Dec 24, 2010 at 08:31:47 AM PST
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We're pushing War on Error...we're pushing (1+ / 0-)
hard but it's all uphill right now. Many states have come to the conclusion that putting more and more in prison and using them for slave labor is not as cost efficient as previously. Some states have come to understand the real cost of prison labor is still borne by the taxpayers. I know they claim "prison industries are self sufficient, we take no tax dollars to fun our operations", etc. But...we taxpayers pay for the housing, clothing, feeding, medical and every other need inmates have. Once they walk out the cell door and go to work in the prison, the money they earn goes right back into the industry as profits...with their meager checks going into accounts so they can go to the stores and buy commissary that is sold by another corporation.

So we are paying for the total upkeep of the prison labor force with our funding. We keep their workers fed and ready to work.

"Inmates should be reformed...not recycled"

by Bob Sloan on Fri Dec 24, 2010 at 08:41:02 AM PST
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Why do images of... (3+ / 0-)
"Brubaker" and "Shawshank Redemption" spring to mind after reading this?!

In an insane society, the sane man would appear insane

by TampaCPA on Thu Dec 23, 2010 at 06:15:22 PM PST
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Hmmmm maybe because all of the players (3+ / 0-)
named in the diary watched both and that's where they got their ideas from? ;)

"Inmates should be reformed...not recycled"

by Bob Sloan on Thu Dec 23, 2010 at 06:22:05 PM PST
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Shouldn't this be done by the state? (2+ / 0-)
Why can't the states be in charge of their own prison systems? The whole community has a stake in this so it should administered by the state with auditors to make sure the goals of humane incarceration w/ rehabilitation takes place.
I find it hard to believe that the state could be as corrupt as these for profit scum suckers.

What do we want? Universal health care! When do we want it? Now!

by cagernant on Thu Dec 23, 2010 at 09:41:23 PM PST
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As I said in a response to GUGA below (0+ / 0-)
Scott just chose someone from the most corrupt of legal firms involved in assisting PRIDE - Greenberg Traurig - as his "Special Counsel" to oversee the Governor's Legislative agenda.

So the arguments put forth by his transition team appears to have gone up his nose rather than into his ear...the GT firm represents the very prison industry corporation that is causing all the problems (PRIDE) and he picks from that group? PRIDE is on safe ground, me thinks. So cleaning up the FDOC is nothing compared to what needs to be done with PRIDE and if he doesn't clean up both one will just feed off of the other.

"Inmates should be reformed...not recycled"

by Bob Sloan on Fri Dec 24, 2010 at 08:50:40 AM PST
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He was fined for fraud (1+ / 0-)
he stole money from Medicare. Instead of being in jail he is the governor.

Who do you think he will side with? The taxpayers of the crooks?

by GUGA on Fri Dec 24, 2010 at 05:15:01 AM PST
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Well I was holding out hope for his cleaning (0+ / 0-)
up the corruption...but sadly a news article was just released saying he has chosen a lobbyist from Greenberg Traurig as Special counsel :(.

"Scott appointed Hayden Dempsey, the former Bush aide, as special counsel to the governor who will also oversee Scott's legislative agenda. Dempsey is a lawyer and lobbyist at Greenberg Traurig and represented 13 clients before the legislature last year, including many health care concerns."So it looks to me that he wants to cut himself in on the free flow of tax money in Florida.

Such a shame, I really was hoping he would be different. Should have know by his brand (R)...

"Inmates should be reformed...not recycled"

Daytona Beach Jury finds Enoch Hall Guilty

After less than 3 hours of deliberations a Daytona Beach, Florida jury found FDOC inmate Enoch Hall guilty of first degree, premeditated murder in the death of FDOC Officer, Donna Fitzgerald.

The defense did not deny that Hall killed Fitzgerald on June 25, 2008. Instead they argued that it was a spur of the moment decision made by Hall who really did not intend to kill Fitzgerald. They alleged that Hall had been taking pills all day and staying high and when the other inmates were returned to their housing areas, Hall stayed behind to look for more pills.

The jury apparently disagreed, finding that when approached by Fitzgerald, Hall was holding a homemade knife and attacked, stabbing her approximately 22 times - four of those stab wounds were to her back after she had stopped fighting for her life and lay motionless on the cold concrete of the shed used by PRIDE Enterprises' as a vocational training facility.

Hall was assigned to work for PRIDE at Tomoka CI because of his ability as a welder. Over the few years Hall worked for them, he received at least four Disciplinary Reports (DR's). One charge was for assault of another inmate and a second was for "gunning" or masturbating in front of a female staff member. When an inmate works for PRIDE and receives a DR, they lose their job and must be reassigned. This is both PRIDE and FDOC's policies. In addition Hall was serving two life sentences. I and others had continuously raised the issue of PRIDE's using inmates with such sentences, as a dangerous practice, placing officers and inmates alike in danger due to the tools available to inmates in the program. These arguments made directly to the PRIDE Board of Directors in 2006 and in a 2008 Independent Report provided to the FLorida Senate, FDOC, PRIDE, BJA and the Department of Justice. All such requests to halt this practice failed, and Donna Fitzgerald paid the price for the refusal by all concerned to take action to stop such hiring and employment practices.

In Hall's case, Tomoka classification returned Hall to his PRIDE job after each DR because PRIDE managers asked for his re-assignment. In two of the DR's Hall was not made to serve the sentence handed down by the institutional DR hearing officer before being sent back to PRIDE.

Eight command staff personnel at Tomoka CI were demoted one pay grade and transferred to other FDOC facilities following the investigation into the circumstances of Fitzgerald's death. The PRIDE Heavy Equipment Industry Manager, Bruce Hall (no relation) was transferred to sales following the incident, though FDOC requested PRIDE terminate him. PRIDE refused and Hall is purportedly still a PRIDE employee.

Sentencing or penalty phase of the Hall trial begins on Tuesday with the reading of victim impact statements and jury considerations of mitigating and aggravating factors as they decide whether or not to impose the death penalty.

Hall Trial continues in Fitzgerald Murder

October 19, 2009 - Jury selection continues today in Daytona Beach, Florida in the Enoch Hall murder trial. Hall is accused of killing Donna Jo Fitzgerald, a Correctional Officer at Tomoka CI on June 25m 2008. After five days of trying to select a jury, the prosecution is hopeful that a full jury will be seated by this afternoon and the actual trial start tomorrow.

Family members of Ms. Fitzgerald are in attendance, including Donna's mother, Joanne Dunn who traveled back to Florida from her home in New Hampshire last week. Various public and private organizations are also in attendance in an apparent attempt to gain media attention during the high profile trial. We believe it does a discredit to the memory of Ms. Fitzgerald to have so many trying to advance their own causes and agenda's through such a venue.

PRIDE the Florida Department of Corrections and Murder

In Memory of Donna Jo Fitzgerald - and questions as to why she had to die.

___________________________

This week the trial of Enoch Hall begins in Dayton Beach, Florida. On June 28th of last year, Hall was incarcerated in the FDOC at the Tomoka CI. He was serving two life sentences in Florida and had another 42 year federal sentence awaiting him if ever released by Florida. Hall's charges included rape, attempted murder, sexual assault and more. He was listed by the FDOC as a "high risk" inmate, labeled and HO-4 or 5. That's about as high a security classification as an inmate can have absent a death penalty.

PRIDE had an evening overtime project operating in June of 2008. Hall was employed by PRIDE as a welder in their Heavy Equipment Industry located at Tomoka. He hid from the lone female supervisor when it was time to return to the housing area that night. His absence was noted when the other inmates were returned. The supervisor, 50 year old Donna Fitzgerald notified authorities of the missing inmate and returned to PRIDE's plant to search for Hall.

Fitzgerald located inmate Hall in a welding shed. When she attempted to take him into custody, Hall attacked here, stabbing the woman repeatedly. She put up a fight - attested to by the defense wounds later found on her hands and arms - but the brutal attack took her life. An hour later other officers searching for her and the missing inmate located both at the PRIDE plant. They found Ms. Fitzgerald draped over a hand cart, partially wrapped in a blanket, her uniform pants and underwear rolled down around her ankles.

Hall was apprehended near her body and made statements that he didn't know "...why I killed her. I just snapped." Apparently as officers broke into the shed area, their presence stopped Hall's rape of Fitzgerald's lifeless body.

This brutal incident is hard to stomach. This is especially true when one looks back to 2003 and Charlotte Correctional Institution. In June of that year a female correctional officer, Darla Latherm was was assigned to supervising 5 close custody inmates working a nighttime construction detail in one of the dormitories. All 5 had lengthy records with convictions for murder, rape and assaults.

At approximately 10:00 in the evening two inmates were spotted with a ladder against the inner perimeter fence and another inmate was seen between two of the security fences. The inmates by the ladder turned and ran back into the dorm being worked on, leaving the ladder against the fence. While some officers apprehended the inmate between fences trying to escape, other officers went to A-Dorm where the construction crew was working and where the fleeing inmates had gone into.

In A-Dorm, Quad 3 the officers found Officer Darla Latherm secreted behind a locked door to a mop closet. She had been brutally murdered by bludgeoning with a sledgehammer to the head and face. One of the inmates assigned to the work detail was located locked in a cell with similar head injuries - he died days later.

As in the recent murder of Fitzgerald, the FDOC claimed there were regulations in place limiting female officers supervision of violent inmates and sexual offenders. In addition there was always supposed to be 2 officers supervising such work crews at night. Neither regulation was obeyed. Investigations after both of these horrendous murders determined that on both occasions, the inmates were under supervised by female officers who should not have been responsible for solely supervising such violent offenders and known sexual predators.

___________________________

PRIDE Enterprises had been warned on no less than five occasion by this author that the hiring of inmates serving long or life sentences in a "Vocational Training Program" defeated the purpose of the entire program: training and acquisition of skills to allow an ex-offender to become better able to gain employment once released. In addition I argued time and again that the use of this class of inmate not only restricts inmates with shorter terms from availing themselves of that training, but it places the most violent inmates with little to lose in close proximity to "Class A" and "Class AA" tools. These tools could be used as weapons or to manufacture escape paraphernalia.

I attended 3 PRIDE Board of Directo meetings in 2006 where I discussed this very topic and urged them to cease the practice. In December 2007 I released and Independent Review of PRIDE and the federal PIECP program. In that report I again warned against the continued practice of allowing lifers and those serving huge sentences, as it endangered staff and other inmates alike.

Sadly my last warning on this subject came on June 25, 2008 in a discussion with Florida Department of Corrections Secretary, Walter McNeil. McNeil phoned me at 5:00 in the afternoon about my concerns about PRIDE and their operations and business practices. I again told Secretary McNeil how dangerous using those long termed sentenced inmates in the vocational program was due to the tool and safety issue. By the close of the conversation Secretary McNeil offered no comments about the issues raised and discussed.

Within 3 hours of our hanging up, Donna Jo Fitzgerald was dead from her injuries allegedly inflicted by Enoch Hall. She left behind a son, Kyle who had lost his father in the past year and in one instant found himself completely parent-less. Ms. Fitzgerald was a daughter, mother, aunt and sister. Her family lost a valuable member of their family...why?

The investigations began and in October of 2008 the FDOC Inspector General released their report. Unbelievably - but not surprisingly - this report indicated that under the then current rules and regulations, the FDOC seemed to be in compliance with most of them. The report was more or less indicative that Institutional staff members failed to follow proper protocols: classification, the Chief Correctional Officer, Classification Supervisor, Warden and 2 Assistant Wardens. They failed to supervise others who actually assigned Hall to PRIDE and PRIDE who requested Hall's re-assignments to the industry even after his bouts with disciplinary confinement.

For instance, FDOC and PRIDE policies disallow an inmate from being assigned to the Prison Industries unless prior to hiring they are disciplinary free (DR) for a period of six months. Once hired as a worker, an inmates forfeits his job if he receives a DR. In Hall's case, he received no less than 4 DR's during his assignments to PRIDE. One was for assault upon another inmate and one was for exposing himself to a female staff member. In each of the 4 cases, PRIDE requested Hall be reassigned to PRIDE as he was a welder, and they claimed institutional need for his abilities. In each case, Hall was not even made to complete his confinement sentences. The head of Classification at Tomoka CI simply wrote a memo to the institutional classification team overriding their reclassifying Hall to another job. This issue alone would have saved Ms. Fitzgerald's life.

How did the FDOC staff at Tomoka and PRIDE's employees pay for their actions or lack of actions? Five FDOC personnel were demoted one pay grade and transferred elsewhere in the huge Department. PRIDE? Their Industry Manager, Bruce Hall who should have been there that night - or seen to it that another supervisor was there to supervise the inmates - was transferred to PRIDE's Sales Department. This move was seen as a lateral occupational change.

Maybe others who follow my blog can explain to me how any of this is right. When doing that consider this: the FDOC is attempting to deny death benefits to Ms. Fitzgerald's family, because in their eyes she was "moonlighting for PRIDE" that night, her official day shift being over. This despite she was in uniform, had assigned FDOC radio, was on duty to fulfill those duties supervising FDOC inmates. Another FDOC excuse to try and deny benefits? PRIDE was paying Tomoka officers to supervise the night shift inmates, instead of simply reimbursing the DOC for their time (which is now done).

At what point and after how many needless, senseless and preventable deaths of good hard working FDOCemployees will Florida arrive at holding the FDOC and PRIDE accountable for their actions?

What is PIECP and why should you care?

Prison Industries Enhancement Certification Program (PIECP) is the federal program that allows state prison industries to "partner" with private sector manufacturers, businesses and corporation to use prison industry facilities and inmate labor to make products that are then sold to public and private consumers across the country.

You should care because the manner in which this important program is being abused is causing the closure of private sector businesses and corporations who are in competition with the prison industries. This also causes the loss of private sector jobs to inmates behind the fences and walls of the state's prison industries.

The products prison industries make are in direct competition with private sector manufacturers in your state or neighboring states. These products are made using cheap labor with no benefits paid to the workers, low annual leases given to the "partners" by the prison industries and other overhead saving short-cuts.