Nevada Prison Industry Administrative Rules Now in Place

Following a full year of investigating complaints and revising Nevada’s prison industry program statute(s), a new Administrative Rule (AR 854) regulating the operation of that state’s prison industry operation has been submitted to the Board of Prison Commissioners (BPC) by NDOC Director, Greg Cox.  In December this regulation was adopted and became effective.

Sen. Richard Bryan

In October the NDOC submitted a long list of new or amended AR’s to the BPC for approval and implementation.  At that time Cox withheld the proposed AR 854 addressing the operation of the agency’s prison industry operations.  Cox held back on this single AR by advising the Board he wanted to work with former Senator Richard Bryan on the language of that particular regulation.

On December 17^th Director Cox submitted the final negotiated regulation to BPC members, Governor Sandoval, AG Masto and Secretary of State, Ross Miller for consideration.  Following approval by the Board, the new prison industry regulations are now in effect.

NDOC Dir. Cox

Critics and opponents of the prison industry program have now adopted a position of “monitoring” the state’s prison industry program. They’re doing so in an effort of ensuring there are no further infringements upon Nevada’s workers and businesses that compete against prison industries.  Last year it was discovered that the NDOC regulations were not being fully enforced and state statutes controlling prison industry operations were insufficient to protect both Nevada's private sector workers and competing non-prison partnered businesses.

All of this came about after lawmakers, the media and general public learned that the prison industry program was more or less operating without any real oversight.  This allowed the NDOC to “partner” with a local Las Vegas business - Alpine Steel, LLC -  in a manner that provided that business with an unfair advantage over competitors and reduced the number of available private sector jobs.  Not only did this single business enjoy prison labor far below standard wage rates, but it also received low cost taxpayer subsidized utility costs and lease terms for state owned property that was far below the state averages. Additionally the NDOC failed to enforce most of the terms of the contract it had with Alpine, allowing the company to default on paying the salaries of NDOC staffers, prison workers and monthly lease payments or utility costs and making no effort to cure the defaults.

When this partnership was finally terminated by Governor Sandoval and the smoke cleared, the state was left with an owed debt of nearly half a million dollars.  Alpine's owner entered into a negotiated agreement to repay the state but almost immediately defaulted, leaving taxpayers on the hook for hundreds of thousands of dollars in unpaid leases, staff salaries, utility costs and owed taxes.  This failed partnership resulted in the revamping of the state’s statutes controlling Nevada's existing prison industries and all proposed new industries.

During the lengthy legislative activities related to the failed Alpine partnership, other issues were discovered that prison labor activists are continuing to pursue at both state and federal levels.  These include the hourly wages paid to inmate workers in the program, deductions taken from prisoner paychecks and working conditions.

Nevada is a participant in a federally run program (Prison Industries Enhancement Certification Program or PIECP) that encourages prison industry/private business partnerships such as the one involving Alpine.   However in order to establish and operate under such partnerships both the state and the private business must agree to abide by stringent mandatory conditions required by the federal government.  Two of the imposed mandatory requirements are that inmates be paid prevailing wages and that the state can only take approved deductions from those wages.  In the case of Alpine, the contract with the state required that inmate workers receive "prevailing wages" (section 8.6) or the same wage paid to private sector workers performing the same duties on the outside.  Instead, the NDOC and Alpine set the inmate wage rate at or below the state minimum wage scale, exploiting the labor of inmate workers and further enriching Alpine.

Subsequently it now appears Nevada is underpaying inmates working in the federal program and taking an unapproved deduction of 5% to fund new prison industry operations.  In effect Nevada’s inmate workforce are being made to fund operating expenses of the prison industry out of their already meager wages.

Prison labor advocates are attempting to work with the NDOC, Nevada authorities and the responsible federal agency to cure any purported violations regarding the PIECP program to ensure Nevada is in full compliance with current state and federal provisions regarding the use of inmate labor.

Currently the Deputy Director of the NDOC’s Prison Industry, Brian Connett has indicated there are no proposed new industries being considered by the agency. However prior to the furor caused by the Alpine situation, Connett was advocating for a new industry in Nevada operated by a California company. The operation would have used inmate labor at minimum wages to sort through collected trash and remove recyclables. The collection of trash and refuse across the state would have been accomplished by the same California company.  This project was moving forward over objections voiced by the labor representative of the Senate's Interim Finance Committee on Industrial Programs, Mr. Mike Magnani.  This recycling "industry" was tabled once the Legislature began looking into the prison industry operations.

Businesses and a second labor representative, Rob Conway now sitting upon the legislative Interim Finance Committee will continue to monitor activities of the prison industry to eliminate the possibility of another situation arising that could jeopardize business owners or private workers.  Additionally the amended statute requires the Board of Prison Commissioners to review and approve any new industries or expansion of existing ones.  Hopefully vigilance by the labor representatives will keep the prison industries and expanded partnerships in check and allow more of Nevada's unemployed to find employment due to the reduction in new prison labor programs that eliminated positions in the past.

Only time will tell if the new regulations prevent another Alpine-styled incident from reoccurring.

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.

Slave Labor-R's start replacing public workers & critical technical positions with prisoners!

Over the past couple of weeks there has been a substantial - but quiet - push by Conservatives. While they are loudly yelling to reduce wages, eliminate collective bargaining and replace them with right to work laws, they have been working to replace public sector workers with prisoners at the local levels; city, county and state.

A recent article in the NY Times reports that "Enlisting Prison Labor to Close Budget Gaps" is now on the agenda in Red states.


The article says in part:

"Prison labor — making license plates, picking up litter — is nothing new, and nearly all states have such programs. But these days, officials are expanding the practice to combat cuts in federal financing and dwindling tax revenue, using prisoners to paint vehicles, clean courthouses, sweep campsites and perform many other services done before the recession by private contractors or government employees.

"In New Jersey, inmates on roadkill patrol clean deer carcasses from highways. Georgia inmates tend municipal graveyards. In Ohio, they paint their own cells. In California, prison officials hope to expand existing programs, including one in which wet-suit-clad inmates repair leaky public water tanks. There are no figures on how many prisoners have been enrolled in new or expanded programs nationwide, but experts in criminal justice have taken note of the increase."

The reason why there are no figures to tell us how many prisoners are now being used, is because they don't want the public to realize just how many jobs are being farmed out to inmates, to replace public workers.

In New Jersey you can even look up the schedules of inmates and pick a day to use the inmates and schedule for their use! I don't know about you folks, but doesn't it seem too damn coincidental for this kind of effort to be happening at the same time the Conservatives are also pushing for right to work laws and elimination of collective bargaining for public sector workers? A little too coincidental for my liking.

Yesterday the Executive Director of the Correctional Association of New York, Robert Gangi wrote a letter to the editor opposing this use of prison labor to replace public sector workers. Gangi opened his letter with:

“Enlisting Prison Labor to Close Budget Gaps doesn't touch on the serious relevant concern that using prison workers to defray government costs represents a form of modern-day indentured servitude."

and he's right. As I wrote last week, banks are being allowed to use prisoners to ready foreclosed homes for sale and to cut the grass and do the landscaping to keep the property looking lived in. This is being done in Georgia and Texas now - and may be going on elsewhere. How the banks managed to get in on the use of inmate labor to fix up the properties they've stolen from hard working civilians who fell on hard times, but after what they did to our economy, the last thing they should have access to is free or cheap slave labor to offset more of their costs.

There are more prison labor issues on the radar today. In Oklahoma state lawmakers are getting set to take $5.3 million dollars from the prison industry fund set aside for running the industries, paying inmates and ordering materials. The need for this money? To pay prison guards so they won't have to be furloughed! Guard's payroll...so while the rest of us are struggling to even find a job, the staff at Oklahoma's state prison facilities won't have to cut back more than one day a month via unpaid furloughs. As expected, officials warn that they have to have this money to keep the staff in place to control the inmates, as programs for the prisoners have already been cut way back and they have less to do, so need more supervision. This is always at the crux of their arguments for more tax dollars for incarceration - but it always goes to pay for staffers. Simply a continued unnecessary waste of tax dollars and reliance of incarceration to solve all the woes of our society.

How about remodeling Courthouses and other government buildings? Or Prisoners as "early responders" in community emergencies? Constructing low income housing in Kansas? How about Utility service positions in Florida? Or how about prisoners doing maintenance work at U.S. military bases as "Civilian Inmate Laborers"? And speaking of military...

...let's take a look at some corroborating information that has just come to light concerning the Federal Prison Industries - UNICOR - and the use of prisoners to manufacture missile and aircraft components. I've written about this previously but here are the facts from another independent source. Of course it calls into question the"safety" of using inmates to manufacture such parts...but it does not address the loss of such high-paying technical jobs to the civilian sector.

Here are some troubling yet informative words taken from the article:

"Right now, federal prison inmates in correctional institutions across America are making parts for Patriot missiles.

"They are paid $0.23 an hour to start, and can work their way up to a maximum of $1.15 to manufacture electronics that go into the propulsion, guidance, and targeting systems of Lockheed Martin’s (LMT) PAC-3 guided missile, originally made famous in the first Persian Gulf conflict."

I've been saying this for years now, but can't seem to get the right individuals in the right position to take notice. Here's more from the article:

"For the record, federal prisoners are making more than missile components. Inmates also make cable assemblies for the McDonnell Douglas/Boeing (BA) F-15, the General Dynamics/Lockheed Martin F-16, Bell/Textron’s (TXT) Cobra helicopter, as well as electro-optical equipment for the BAE Systems Bradley Fighting Vehicle’s laser rangefinder.

"Despite repeated requests, Unicor would not disclose how many inmates are currently assigned to such defense-related jobs, but public records show Unicor electronics factories located at no fewer than 14 federal correctional institutions."

Of Course, the ultra conservative Heritage Foundation was interviewed for this article and their policy "expert", Mackenzie Eaglen responded; "Building one piece of one part of one missile is not going to give away the nation’s crown jewels"..."My assumption is, this program is confined to basic manufacturing. There’s a big difference between a highly-skilled worker and someone who inserts a widget." Okay...is it just me, or is this being deliberately downplayed (the skill necessary for manufacturing aircraft and missile components)? The DoD keeps saying they have such a large budget that increases year by year partly because they need to have a highly-trained, highly-skilled workforce “warm” and ready to gear up on a moment's notice - like we did in WW II, Korea and Viet Nam.

If having a highly trained and highly skilled workforce is necessary for the safety of this country, why isn't that workforce comprised of working Americans who have not broken laws and are in dire need of employment? I'll tell you why - just as this article explains; The prison workers are paid $0.23 an hour to start with a maximum wage possible of $1.15 an hour! How many of us are going to volunteer to do such a job for pennies an hour? Not very damn many, because we have families to support and want a fair wage for our labor. This is just more glorified bullshit spewing out of the mouths of our Conservative lawmakers on behalf of large corporations such as Boeing, McDonnell Douglas and others like Koch Industries, AT&T, etc.

This is the hidden issue that demonstrators across the U.S. at each and every statehouse and town hall meeting need to be shouting about. It is becoming more critical by the day as more and more public and private jobs are being taken from them and put in the hands of prisoners - oh, year for valuable and necessary "training!" It's valuable and necessary because they do the work for next to nothing, have no voice, cannot complain, strike or collectively bargain. They are the true slave labor of the new millennium...and those supporting this are coming for YOUR JOB NEXT.

Even Canadians are now being placed in jeopardy regarding the use of prison labor. At least in that country they're civil enough to allow the inmates to form a labor union to address worker issues in their prison industries.

How is all this "training thingy" (as Palin would ask) working out for us? Not very damn well. Released offenders are having more and more difficulties trying to land jobs once released. They can't find work, housing or community support programs and assistance, and wind up back in prison and back to work for the corporations. Incarceration and prison industry for profit is tearing our nation apart - even as the Conservatives work nationwide to decrease wages and destroy Unions.

This issue is not about training inmates, reducing recidivism, criminal justice or incarceration. Not at all. What it is about is the dollar and how many $$$'s governments can save and put into the pockets of their corporate partners. Unless and until we realize and understand this, nothing is going to change.

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
[ Parent | Reply to This | RecommendHide ]
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
[ Parent | Reply to This | ]
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
[ Parent | Reply to This | RecommendHide ]
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
[ Parent | Reply to This | ]
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
[ Reply to This | RecommendHide ]
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
[ Parent | Reply to This | ]
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
[ Reply to This | RecommendHide ]
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
[ Parent | Reply to This | ]
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
[ Reply to This | RecommendHide ]
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"

INSOURCING - Fighting for reform - can cost you your job.

Bob Sloan (C)2010

Fri Dec 3, 2010

For those visitors who may have missed my Corporatocracy series involving corporations, private prisons and prison labor, below are links to the series.

Corporatocracy
Corporatocracy-II
Corporatocracy-III
Corporatocracy-IV
Corporatocracy-V
Corporatocracy-Conclusion

Bob Sloan's diary :: ::
From 2003 through 2006 the Florida Department of Corrections (FDOC) was suffering from a severe case of corruption. James Crosby, former Warden at Florida State Prison (FSP-Death Row) had been chosen by Governor Jeb Bush in January 2003 to serve as the new Secretary of the FDOC (a Cabinet poistion). He replaced Michael Moore (no relation) who was leaving under a cloud of controversy and allegations of corruption. The Secretary's position included a permanent seat upon the Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) Board.

There were many other choices for the Governor to pick from, but he knew Crosby. During both elections where Bush prevailed, Crosby had been a loyal supporter. He held or sponsored many meetings, dinners, parties and fund raisers for his friend Jeb. In addition to Crosby's support, Bush also had the support of another FDOC employee - A.C. Clark. Later Crosby and Clark were often referred to within the FDOC as heads of the "Good Ol' Boy's Club" or collectively, "The Big Boys".

Together Clark and Crosby twisted arms, threatened loss of prime shifts or overtime in efforts to "get out the vote" for Jeb and suggest others within the FDOC make "contributions" to Bush's campaign. In both instances a lot of support and money was garnered from among FDOC staff (22,000+) in support of Jeb Bush. Later many of those FDOC employees voiced complaints that their attendance at fund raisers, contributions and votes were coerced by Clark and Crosby through fear of losing jobs, having their shifts changed or being transferred from one institution to another, if they did not do as "suggested" by the Good Ol' Boys.

So Crosby's selection to head the state's entire Department of Corrections appears to have been based - at least in part - as a reward to Crosby for his political activities related to both Bush campaigns in Florida. Of course Crosby was only too happy to carry A.C. Clark along with him - from within the ranks of FDOC to the very top rung of the department's ladder.

As Governor, Bush later appointed A.C. Clark to the 8th Circuit Judicial Nominations Committee (JNC Appointment). Later, Bush would be unable to recall why he appointed Clark to a four year term on the Committee in response to questions as to why he would appoint a high school drop-out to such a position.

Clark had been with FDOC for years - as had Crosby - and worked at several institutions. During his tenure with DOC he made rank, only to lose it on more than one occasion. Once Crosby took office as Secretary, Clark quickly rose from Sergeant...to Major...then Colonel...to Assistant Warden...to FDOC Regional I Director (NW Florida). He rose through all those ranks from 2003 to 2006. Other "pals" of Crosby and Clark were also promoted over others with more time and rank. Clark was provided a huge home (described as a "Mansion") located on prison property and owned by the State of Florida.

Together Crosby and Clark raised hell in and around Tallahassee, within the FDOC and community. They threw lavish parties and orgies for FDOC officials and politicians on DOC property. Some turned into brawls, with attendees throwing punches at one another. When the media would try to follow up on the rumors they heard, most kept quiet, referring all to interview Crosby. He tried to keep it out of the media but was unsuccessful and several FDOC staff were arrested for the bar fights.

Crosby recruited semi-pro ball players to play for the FDOC softball team. They were hired to work as prison staff, worked no shifts but received paychecks like the rest, for playing ball.

A steroid ring was begun among staff working in the DOC. The tendrils of the drug ring ran from North Florida across the state to many institutions and originated in Egypt.

Clark was at the center of many rumors: that he used money out of an FDOC recycling fund to open a limousine service, that he was strong-arming other staff members to cover his shifts with threats of termination, covering-up

In mid-November, 2005 Crosby had to address the poor behavior of his men and women staff:

"Effective in mid November, Crosby told his top staff to begin spreading the word that employees arrested for an "act of aggression" would automatically be placed on leave while the department investigates the arrest. Crosby also told reporters in mid-November that additional policy changes will be issued soon that will cover other areas of employee misconduct on and off the job."

Crosby should have taken his own words to heart. He didn't know it then, but he and the others were already under intense FDLE and F.B.I. joint investigations for corruption, taking kickbacks and embezzling funds from the recycling program and misuse of inmate labor. It was later learned that the investigations were begun in 2003.

It is inconceivable that anyone committing such rampant corruption and abuses of power was without knowledge of the corruption ongoing within PRIDE, when he held a seat on the Board. He ignored all of the information I and others provided him with about PRIDE's state and federal violations, complaints of the formation of the spin-offs used for money laundering, wages and reduced wages of inmates, that also reduced the money taken in by the FDOC for room and board deductions from those wages. He ignored all of our requests and complaints...yet in 2005 when the IG's Audit on PRIDE was released, Crosby publicly stated that from the time he became Secretary and became a member of PRIDE's Board, he had reservations about the business practices, formation of the spin-offs and accounting procedures employed by PRIDE. He further alleged that he brought all of that to the attention of the Governor and Legislators. He knew how to "spin" the facts, for sure.

Throughout the scandals, investigations and a multitude of calls for Governor Bush to fire Crosby, he refused and instead had Crosby's back right up until February 2006. The formal investigations involving all of the corruption in FDOC were completed after the first of the year and A.C. Clark was arrested and Bush could no longer keep the lid on and ordered Crosby to Resign.

On February 10, 2006 Governor Bush appointed James R. McDonough as interim Secretary to replace Crosby. McDonough had been with Bush's Administration for the full length of his Governorship, serving as director of the Governor's Office of Drug Control. McDonough is a West Point Graduate, Author of "Platoon Leader" - later made into a popular film - and served proudly in the military, serving last in the European theater where he wrote the manuals on strategy and tactics that are still in use today.

McDonough took over with Bush's instructions to weed out the corruption and reform the prison system. He accepted his orders and went to work as always. Within weeks of taking over, McDonough fired many top officials, demoted those who had been promoted due to crony-ism and promoted those who had the skills to perform the duties assigned and had been passed over under Crosby and Moore. He charged department staff to remember their oaths and abide by them in dealing with other staff and inmates.

McDonough made a lot of enemies in his reform efforts. Most of those were the remainder of the "Good Ol' Boys" who had survived but were keeping their heads down.

I contacted Secretary McDonough shortly after he became Interim-Secretary, providing him with documents and information alleging corruption and violations of the PIECP program within PRIDE. I advised that I had provided the information previously to Secretary Crosby, to no avail. He refused to look into or investigate the allegations - even as a Board Member. Secretary McDonough replied immediately, asking if I was sure of my allegations, did I have documentation in support and did I have any suggestions on how the prison industries should be run by PRIDE, knowing what their Mission Goals were: training and job placement of inmates?

In response I forwarded several confidential documents outlining the corruption and efforts that had been made by myself and a prison advocacy group I belong to: (Little Ol' Ladies In Tennis Shoes - Florida LOLITS) and Kay Lee of Making The Walls Transparent (MTWT) to bring corruption in FDOC and PRIDE to the attention of Governor Bush and the media. I also included an independent plan for the revamping of PRIDE that would return the corporation to the Mission Goals. I advised that the Board had to be replaced with members appointed from both the commercial corporate and public activist arena's.

McDonough responded that he appreciated the input and documents and that he had ordered an investigation to be conducted by the department's IG and as soon as the report was completed he would provide a copy. As I awaited the report, I asked the Secretary if he planned on being at the upcoming (April 2006) PRIDE Board meeting and would I be allowed to attend? He promptly replied that yes, he intended to be there and as a member of the public I could attend.

I made the meeting, flying down from Indiana. Secretary McDonough could not make it to the meeting as he was in the midst of several near crises within the FDOC, but his General Counsel did attend. She spoke on his behalf and asked if I was present. Finding me there, she advised the Board that Secretary McDonough asked that the Board allow me to make a presentation to the Board as I had several grave concerns as to the PIECP program and PRIDE's business operations an practices in that program and those same concerns were mirrored by Secretary McDonough.

At the conclusion, I was given the courtesy of giving a presentation. I raised the issues of underpaid wages, use of inventoried products to fill PIECP orders, the contaminated foods coming out of their food processing plant, ethics violations by PRIDE President Edgemon and his son-in-law also working for PRIDE at the food processing plant involving the theft of ATL's equipment and materials and the formation of two for-profit corporations by his son-in-law that took the place of ATL's contracts and profits.

In addition I spoke to the use of inmates in the training program who were serving life or other sentences in excess of 20 years - voicing concerns of safety to both staff and inmates (allowing those inmates access to dangerous tools) and issues of avoiding overtime by adjusting inmate hours by removing some hours from one pay period and putting them on subsequent periods and the sale of prison made goods upon open markets without paying any PIE wages at all.

The Board thanked me and advised they would address my concerns and answer the questions at the next meeting in July. However, the Board was not aware of the situation involving ATL and the food processing facility and wanted Edgemon to explain the circumstances. Edgemon declined, stating that they were currently in litigation with ATL and he was unable to speak to the issues until the litigation was completed.

I attended the July meeting also and the Board had their internal auditor present to give a report on PIECP and how it was operated by PRIDE. In that presentation she stated that PRIDE had been reviewed numerous times by the NCIA and had been found in compliance. In answer to the wages paid to inmates, she answered that currently "all inmates working on PIECP orders/projects are paid the Florida minimum wage of $6.40 per hour." Again, she reiterated that under PIECP law, that was sufficient to meet the wage requirements of 18 USC 1761(c)(2).

I was allowed to respond to her presentation and again, pointed out that upon their website they claim to pay inmates "prevailing wages" as required by the law:

"The PIE Certification Program was created by Congress in 1979 to encourage states and units of local government to establish employment opportunities for prisoners that approximate private sector work opportunities. The program is designed to place inmates in a realistic working environment, pay them the local prevailing wage for similar work, and enable them to acquire marketable skills to increase their potential for successful rehabilitation and meaningful employment upon release."

The Board said they would further investigate my argument and address the issues in the next meeting in November. I attended that one also and PRIDE's "PIE Coordinator, Brian Connet was brought in and gave a presentation on PIECP. He gave a glowing number of statistics alleging that their training program through PIECP was turning recidivism rates around and reported many individual success rates. He again, mentioned that the inmate workers were paid minimum wage and that was in compliance with the requirements of the "1999 Final PIECP Guidelines". Mr. Connett was unable to stay and answer any questions posed by myself or the Board members. He was followed by a presentation given by Ms. Carol Tortarelli, then serving as PRIDE's Program Director for Mission Programs. She added more glowing reports to those provided by Connett about successful reentries by former offenders, but did not futher address PIECP.

At the conclusion I again gave a presentation that challenged the legality of the minimum wages paid by PRIDE when they were supposed to be paying prevailing wages - a substantial difference. The Chairman of the Board and two othr members turned to President Edgemon and asked," Jack are we in compliance on PIECP requirements by paying minimum wages?" His reply was a nod yes. When I again advised they were not only in non-compliance, but the failure to pay the proper wage rendered each product shipped across state lines a federal felony, Edgemon was asked again; "Jack are we or are we not in compliance by paying minimum wages to the workers?" His response that time was a verbal, "Yes."

(I traveled several more times to Florida to attend the meetings but was unable to convince the Board that the inmates were being cheated by paying them less than required...and by doing that, they were reducing their tax requirement of matching deductions for S.S. as employers and it also reduced the amount of room and board taken from inmate wages and turned over to the FDOC. I was talking and my words fell upon 12 sets of deaf ears).

In July 2006 Crosby and Clark both plead guilty to receiving kickbacks under an FDOC canteen contract involving Keefe Commissary Network and American Institutional Services (Earlier this year the owners of AIS were indicted, arrested and are awaiting trial for their parts in the kickback scheme. Keefe has not been mentioned after the original stories broke, and there has been no indication they will also face prosecution for their involvement in furthering the bribery scandal).

When Governor Crist took over from Bush, he kept McDonough on, citing his great work at reforming the huge FDOC.

From my initial contact with Secretary McDonough we exchanged many emails and had lunch at one of the 06 Board meetings in Orlando, discussing the issues surrounding PRIDE and their business practices. I told him I had learned that ATL was not the first private business "stolen" by PRIDE through PIECP and provided him with the names of the companies and facts as I knew them. In September 2007 the investigation he had ordered into PRIDE's operations was completed and turned over to him and McDonough resigned his position on the PRIDE Board (I didn't get a copy of that report until late 2009). In October 2009 McDonough called for Governor Crist to abolish PRIDE and return the operations of the prison industries back to the FDOC and in November he cited the fact that PRIDE 'had lost their way" in pursuing their mission goals and statement. In addition he demanded that PRIDE turn over more than $1 million deducted from inmate wages for room and board deductions, but PRIDE refused, saying state law allowed them use of those funds and McDonough countered that federal law says it rightfully belonged to his department and superseded state law.

A Senate Appropriations hearing was scheduled for January 8, 2008 to hear the proposals presented by McDonough and the FDOC on PRIDE. On January 7, 2008 James McDonough submitted an unexpected announcement that he was "retiring" from the FDOC as Secretary. I had traveled to Floria to be present at the hearing in support of the FDOC and heard the news sitting in my hotel room. I immediately emailed the Secretary and questioned if his retirement was a result of his battle over PRIDE. He stated it was his decision and the PRIDE fight had no effect upon his decision. However, since that time McDonough has been involved in several efforts to change the laws surrounding incarceration, to reduce incarceration and remove some inmates from prison and place them in facilities to address their addictions or mental problems. He has also called for sentencing alternatives to prison. So McDonough remains active in trying to change Florida's dependence upon mass incarceration and the costs in tax dollars that results in.

Throughout my conversations and communications with James McDonough he was always truthful - regardless of any personal costs to him for voicing those truths - and demonstrated a huge amount of integrity and concern. While Secretary he eliminated wasteful contracts, reduced the cost of canteen items for the inmates - state wide - and re-negotiated the inmate phone access contracts, reducing the cost of collect calls to family and friends from within the FDOC. He made many changes to professionalize the FDOC and return it to a department that was again respected - a hard task after all the corruption in the nation's third largest correctional system.

His ability to understand and realize the actions of PRIDE were violative and hampering rather than assisting a reduction in prison recidivism made him respond as he had always done, by correcting the situation and addressing the corruption that lurked within PRIDE.

Unfortunately the Governor and Legislators were willing to support McDonough's efforts of ridding the FDOC of corruption and crony-ism - but not PRIDE. When his attention turned to PRIDE (Legislator's cash cow) he had to be stopped. Inmates and most corrupt officers do not contribute to campaign funds - PRIDE and their lobbyists do - so reforming the FDOC was okay. He had been so effective at rooting out all forms of corruption within FDOC that he simply could not be allowed to pursue the same attack upon the source of most Florida politician's lobby funding through PRIDE...and in his absence corruption and huge sums of money made off of inmate labor, continues as before; growing more insidious and being exported to other states every day.

In the next segment we'll discuss the NCIA and their impact upon the violations within PIECP.

Some have asked that I provide links to the other segments in this series. Below you will find them.

INSOURCING - A new concept about private sector job losses
INSOURCING-II-The Wheel of Money and Sorrow...
INSOURCING-III - Corporate Wheel of Profit Rolls On...
INSOURCING-IV - More Profits Through Monopolies...-
INSOURCING - The Real Reason your jobs MUST go to prison and what they do with the money saved...
INSOURCING - Why this Investigative series began...
INSOURCING - Florida Corruption Exposed
INSOURCING- Violations-under-PIECP