Well December continues to be an exciting month for those of us combating corruption, misuse and non-compliance issues involving the Prison Industrial Complex. So far Indiana, Ohio, Michigan - and now Florida - sitting or incoming Governors are taking steps to address rampant use of incarceration as a solution to corrective behavior. New York city is also addressing the problem of the high cost and high recidivism rates of juveniles in New York.
In this segment we'll take another look at PRIDE and the incoming Governor's transition assessment about PRIDE as well as the Florida Department of Corrections.
Today an article was published that alerted me to what is to come when Florida's incoming Governor-Elect, Rick Scott officially takes office next month. If he follows the advice of his transition team, the Florida Department of Corrections (FDOC) and Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) are in for a rough 4 years - if those employed at both survive the first six months, that is.
The article I mention was published by the Miami Herald and is titled: "Scott's transition team trashes prison agency and police union." It is a critical report that does in fact trash both - as well as the Police Benevolent Association union that represents FDOC prison guards.
The article did not contain all of the findings on PRIDE though. I received a full copy of the Transition Team's findings and recommendations from my friends at Prison Legal News this morning. You can preview or download it from my site: www.piecp-violations.com at the site files page here. Simply select Fl Governor Elect team report on DOC and PRIDE 2010.pdf. It's a large file with more than 260 pages long with lots of goodies like...lobby reports, lobbyist contracts between PRIDE and their top lobbyists in Tallahassee, the 2007 FDOC presentation to abolish PRIDE altogether, etc.
I particularly like the way the transition team begins the section about PRIDE:
"The PRIDE Agreement: PRIDE is making a few people very wealthy while operating Florida prison industries in a manner entirely inconsistent with its mission.
PRIDE is a nonprofit authorized by the Legislature to manage prison industries and has a statutory monopoly to do so; under its governing law, no other entity can compete with PRIDE in the operation of prison industries. Its primary statutory mission is “To provide a joint effort between the department, the correctional work programs, and other vocational training programs to reinforce relevant education, training, and post-release job placement and help reduce re-commitment,” 946.501, F.S., yet nearly every year a smaller percent of the prison population is able to secure PRIDE jobs or job training (See Exhibit 3.a.) and most PRIDE workers will either never be released from prison or will not for many years to come."
What do they mean about PRIDE "making a few people very wealthy..? Well let's see:
"This year, PRIDE is paying its President and their two lobbyist smore than $521,000, plus all expenses, including telephone, copying, travel and entertainment. (See Exhibits 3.b., c. and d.) The President has also been paid $38,846 in bonus pay over the last three years. One of the lobbying contracts also authorizes additional payments at the rate of $350 per hour if hours per month exceed 57 (13 hours per week); that individual is also on the PRIDE board. Additionally, PRIDE pays 56 employees more than $50,000 per year."
The lobbyist they mention who also sits upon the PRIDE Board is none other than Wilbur Brewton, of the Brewton Plante law/Llobbyist firm in Tallahassee. Mr. Brewton is the person involved with setting up the nine (9) illegal spin-off corporations of PRIDE's CEO and Board back in 1999 through 2004. AN interesting aspect of this "lobbying" situation, is that PRIDE is a 501 (c)(3) tax exempt non-profit corporation under IRS rules. According to the IRS, lobbying by 501's are disallowed. PRIDE gets around this by hiding their lobby expenses under "legal fees" on their annual reports. Gotta' love it...legal fees are tax deductible. So they not only lobby, but get a break for doing it!
Here's some of what the Lobby contract between PRIDE and Brewton for 2010 says:
"(2) For services of the undersigned and the Firm, the Company agrees to pay a minimum annual retainer in the amount of Two Hundred Forty Thousand Dollars ($240,000.00), payable at the rate of Twenty Thousand Dollars ($20,000.00) per month:
Jack Edgernon, President
Re: Legal Representation
July 1, 2010
Page 6 of 8
EXHIBIT A
HOURLY RATES
Wilbur E. Brewton $350.00
Kelly B. Plante $350.00
Kenneth J. Plante $300.00
Tana D. Storey $300.00
Paralegal/Law Clerk $ 85.00
Other TBD"
And here's what is contained about lobbying fees from the other lobbyist, Spearman Management, Inc.:
"This will confirm our agreement whereby the undersigned (the "Firm"), will provide Prison Rehabilitative Industries & Diversified Enterprises, Inc. (the "Client") with consulting services and representation in the State of Florida before the Florida Legislature for the period July 1, 2010 through June 30, 2011.
"It is understood by both the Client and the Firm that Florida Law strictly prohibits contingency fees in reference to the passage or defeat of Legislation. For our services, the Client agrees to pay the retainer sum of Seventy-Four Thousand Dollars ($74,000.00), payable monthly at Six Thousand One Hundred Sixty-Six Dollars and Sixty-Six Cents ($6,166.66) per month."
So PRIDE pays their two main lobbyists $314,000.00 a year plus travel, per diem allowances and hourly fees of $350.00 per hour in addition to the above rates when they work more than 13 hours a week. Why does a corporation with a mission statement of "To provide a joint effort between the department, the correctional work programs, and other vocational training programs to reinforce relevant education, training, and post-release job placement and help reduce re-commitment," need with such high dollar lobbyists in the first place? What does PRIDE expect to get in return for all this money paid out?
"...Documented charges for itemized expense statements with supporting receipts must be submitted to qualify for payment. State lobbying costs are not deductible for purposes of the Client's federal income taxes. Lobbying is defined as follows:
"1. Meetings, telephone conversations and correspondence with the governor,
members of the Legislature, their staffs or committee staffs in an attempt to advocate the passage or defeat of legislation.
"2. Testimony before legislative committees, unless compelled by subpoena.
"3. Distribution to the governor, members of the Legislature, their staffs or committee staffs, of reports or studies in an attempt to advocate the passage or defeat of legislation.
"4. Monitoring the progress of legislation does not constitute lobbying, provided the Client never advocates their passage or defeat.
"5. Efforts to comply with existing legislation or regulations and efforts to sell to government agencies are not lobbying.
"6. Activity with state executive agencies may not be considered lobbying.
Communications with certain high level, federal executive agency officials is lobbying.
"7. Lobbying of cities or counties is not considered lobbying for these purposes."
This is the bang for the buck PRIDE gets. So what do these lobbyists actually do for PRIDE for all that money? What is it PRIDE is seeking?
"The transition team is not the first entity seeking a major overhaul or PRIDE or replacement of PRIDE as the prison industries manager. At least four reports on PRIDE, one by Florida’s Corrections Commission in 2002, two by OPPAGA in December 2003 and again in October 2006, and a fourth, an audit by the Auditor General in 1997 were very critical of PRIDE. The studies come to the same key conclusion. PRIDE has not increased prison industry jobs in Florida and has actually radically decreased the percentage of employed prisoners.
In 2007, a major overhaul plan was developed by DOC, the primary features of which were to transfer authority of prison industries to DOC. (See Exhibit 3.e.) Unfortunately, PRIDE has been able to obstruct and quell all legislative efforts at reforming or replacing PRIDE.
We endorse the approach recommended in 2007 and encourage the Governor to start the process by having the Chief Inspector General conduct a top to bottom review of this entity.
We also must question the controlled purchase of certain goods and services through PRIDE without competitive bidding. The purpose of PRIDE was to train inmates in job skills that would translate into jobs upon release. We feel strongly that we need to reassess this long term agreement and consider putting these services out for a national competitive bid. We recommend that the state should control the PIE Certificate and it should not be handed over to one provider."
So $314,000.00 a year plus expenses gets you "obstruction" and an ability to "quell" all legislative efforts of reforming the laws pertaining to you, or replacing you. Of course that kind of money well placed in influential lawmakers hands would do just that, wouldn't it. Notice that once again - as in 2007 - they're recommending that the PIECP certificate be taken back from PRIDE and held by the state (the FDOC was forced to give it up to PRIDE by Legislative Act in 1999 - you know, the same body that has been able to respond to Brewton and Spearman's spending of PRIDE's money for "quelling" and "obstructing").
I've looked at all of PRIDE's annual reports - and guess what? Yep...no expenditures claimed for lobbying. Check it out for yourself. While you're at it look at the expenditures for "legal Expenses". They claim $427,723.00 in legal expenses...I wonder if the lobbying expenses are hidden amongst those expenditures?
There's much more on PRIDE and we'll go into that tomorrow...
The description by the transition team on the FDOC is even worse than what they found on PRIDE:
"Our team found that DOC is broken. It is lacking leadership, vision and courage. Its organizational structure currently is confusing, diminishes accountability and is not cost-effective. We found that the existing performancemeasures and standards adopted by the Legislature are inadequate and do not align with critical functions of the agency. (See Recommendation #1 Governor Bush’s Ex- Offender Task Force at Exhibit 6)We found that a pattern of promoting from within has created an entrenched culture resistant to creativity and innovation.We further found this culture discourages and even intimidates those who want to see progress rather than continued calcification.
and their conclusion was the FDOC needed a top down review, many revisions, cut out several top positions, reduce Regional Directors from 8 to 3.
The most exciting proposal is to propose legislation to change the way Florida does business regarding crime and incarceration. They call for many change to existing laws that will allow for incarceration of those offenders who genuinely present a risk to the public.
On another note New York city Mayor Bloomberg is suggesting that the state close many of the Juvenile correctional facilities. Many are fully staffed with less than half capacity of juvenile's kept within. Makes good sense but of course labor groups representing staffers at those facilities are objecting, saying that it could cost jobs in areas of the state that are struggling with unemployment. Also four of the worst juvenile detention facilities:
"Last year, a state task force reported that young people battling addiction or mental illness received little counseling and were often abused by violent offenders. In July, the state agreed to place four of its most dangerous youth prisons under federal oversight.
But Mr. Bloomberg’s proposal will most likely face resistance. For upstate lawmakers, the juvenile prisons represent well-paying jobs in struggling areas. The union for most of those workers, the New York State Public Employees Federation, successfully advocated for a change to state law in 2006 that required a year’s notice before facilities could be closed. A union spokeswoman said Tuesday that the union would oppose Mr. Bloomberg’s request for that law to be thrown out.
One state official said the mayor’s proposal for returning offenders to the city could drain money from the programs for juvenile offenders elsewhere in the state, leaving them without resources for detention and services. About 60 percent of the young people incarcerated are from New York City.
“We would have to send upstate kids downstate,” said the official, who would speak only anonymously because he did not know what position Governor-elect Andrew M. Cuomo would take on the matter. “We don’t want to create unintended consequences.”
This vicious cycle of more imprisonment necessitating the hiring of more staff to supervise or guard the prisoners is causing problems where crime rates are in decline and incarceration falls off. The guards and their unions want more prisoners to keep their jobs while the citizens need less prisoners to save tax dollars. In this battle the unions and prison staff have been winning for years. It looks like with our economy in this state, that may be about to change.
For information on exact numbers and other statistics involving prison and imprisonment, number of inmates, etc. visit Wikipedia. This link takes you right to them.
I'm really behind by several hours tonight trying to digest all of the information in Governor Elect Scott's transition report. I'm going to go through it again tonight and finish up with a follow up on these issues tomorrow.