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AmericaMart
Atlanta, Georgia
Aramark
August 27, 2002
An argument between two employees led to the stabbing death of a man at
AmericaMart on Thursday, police said. the body was discovered about 6 p.m.
in a restroom at the exhibition facility on 250 Spring St. The 53-year old
man, whose name was not released, had been stabbed multiple times. Atlanta
police Sgt. John Quigley said the death resulted from a dispute between
employees. James L. Shaw, 37, of Atlanta was charged with murder in the
incident. (The Atlanta-Journal Constitution)
Atlanta Public Schools
Aramark
July 9, 2002
Aramark-Gourmet
Services, the private company that has
handled Atlanta Public
Schools' food service program since 1999, appears certain
to hold onto the job
for another year.
That's
despite a string of controversies, from complaints
of poor food quality to
underuse of government surplus food, that culminated last
fall when more than
$200,000 of surplus turkey, cheese, powdered milk and other
items was tossed
out
by the company. (The Atlanta Journal)
Augusta
Youth Development Campus
Augusta, Georgia
Unique Solutions
March 30, 2005 Atlanta Journal-Constitution
A former Juvenile justice manager has filed a civil rights
lawsuit against two top officials, alleging they forced him to resign after he
refused to destroy a memo citing problems at a youth prison. Frank Berry filed
suit Friday against Department of Juvenile Justice Commissioner Albert Murray
and Deputy Commissioner Thomas L. Coleman. Berry ran mental health services for
the department for nearly three years. Seeking a jury trial and unspecified
damages, Berry claims that Coleman ordered him in February 2004 to destroy a
memo he had written, and that he refused. The memo cited mental health care
shortfalls at the Augusta Youth Development Campus, which housed "the most
vulnerable youth in our system," including some who were prone to suicide.
The department's previous commissioner, Orlando Martinez, had put the troubled
Augusta youth prison into the hands of a private company. Unique Solutions. But
then Youth Services International of Sarasota, Fla., won the contract and was
due to take over in February 2004. To ensure a smooth
transition, Berry led an all-day meeting at the youth prison with officials and
staff from the contractors and the Department of Juvenile Justice and uncovered
problems.
The lawsuit was filed in U.S. District Court in
Atlanta. It states that in March 2004, Murray asked Berry if he had considered
the consequences of his memo before drafting it and told Berry, "I don't
like to be embarrassed." Murray also told Berry that if Murray were asked
to destroy a document, he'd have two choices: destroy it or resign. A week
later, Berry received a letter from Coleman. It informed him that his last day
of employment would be that April 15. Murray was copied on the letter. Berry
resigned. The February 2004 memo, which Berry wrote with another staff member,
concluded that a private company poised to take over the youth prison wasn't
prepared to manage it. It warned that the company's plans for providing medical
and psychological care were inadequate. Just before the
scheduled takeover, Murray abruptly closed the Augusta facility after Unique
Solutions protested the bidding process. The youth prison reopened last November
under state control.
July 7, 2004
A former juvenile justice manager says top officials forced him to resign for
refusing to destroy a memo that cited shortfalls in mental health care at a
youth prison. Frank Berry, who ran mental health services for the Georgia
Department of Juvenile Justice for nearly three years, says Deputy Commissioner
Thomas Coleman told him in February to get rid of a memo that outlined Berry's
concerns about the Augusta Youth Development Campus. The memo concluded
that a private company, which was about to take over the prison that houses the
state's most disturbed youngsters, was unprepared to manage a facility that
"serves the most vulnerable youth in our system." The memo --
co-written by Berry and Dr. Shawn Allen, the agency's administrative
psychiatrist -- warned that the company's plans for providing medical and
psychological care were inadequate. "We were told to destroy the document
by one of the deputy commissioners and ultimately the commissioner," Berry
said. "I refused to destroy it. It would have been unethical at best
and illegal at worst." One year ago, then-Commissioner Orlando
Martinez put the troubled Augusta youth prison into private hands after a GBI
probe into allegations of sex and drug sales between staff and inmates. Since
August 2003, Unique Solutions ran the youth prison. But in February, Youth
Services International of Sarasota, Fla., won the contract and was due to
take over Feb. 15. To ensure a smooth transition, Berry chaired an all-day
meeting at the facility with officials and staff from the contractors and the
Department of Juvenile Justice. According to Berry, he and Allen left that
meeting believing the contractor was not ready to take over the facility. The
company's staff had not been adequately trained, it had retained only a
part-time psychologist and it still lacked 24-hour nursing care for emergencies
-- all in violation of the contract, Berry and Allen wrote in their memo.
"These were the sickest kids in the state, the kids who had significant
mental health problems," Berry said. "We felt a strong obligation to
the kids to report our concerns about their care." Just before the
scheduled takeover in February, Murray abruptly closed the Augusta youth prison
after Unique Solutions protested the bidding process and threatened to seek a
temporary restraining order to stop Youth Services International from taking
over. The governor recently announced the Augusta facility would reopen in
the fall under state control. (Atlanta Journal-Constitution)
February 17, 2004
The threat of legal action prompted state officials to
temporarily shut down the Augusta Youth Development Campus, a long-term
detention center for mentally troubled boys. The threat of litigation led
to the state's decision, Albert Murray, commissioner of the Department of
Juvenile Justice, said in a statement. "DJJ remains committed to the
long-term viability of the Augusta YDC," Murray said. "Under
consideration will be the return of the campus to state operations and bringing
back staff as state employees. "Florida-based Youth Services
International was to take over operation of the campus this past weekend. But
Unique Solutions Inc., the contractor running the campus, threatened legal
action Friday to stop Youth Services from taking over, Vickers said.
Acting on advice from the state attorney general's office, the Department of
Juvenile Justice decided to shut down the campus. "In effect, we ended up
with no vendor at all," Vickers said. "The issue is, is the state
going to operate it, or are we going to re-bid?" (The Atlanta
Journal-Constitution)
July 3, 2003
The state Department of Juvenile Justice has handed control of the Augusta Youth
Development Campus to a private company on an emergency basis. The
transfer, done without bids for the $5.5 million contract, had been scheduled
for Aug. 1 but was pushed up a month because of suspected criminal activity by
the staff at the youth center, officials said. About 120 employees have
been suspended with pay until Aug. 1 while the Georgia Bureau of Investigation
completes an inquiry. Its report is expected to be released later this
month. The GBI is looking into possible illegal behavior at the long-term
prison for juvenile offenders -- children and teens who have been found guilty
of crimes as minor as unruly behavior or as serious as murder. The
new contractor, Unique Solutions, will have a staff of 200. Some of the workers
might be former facility employees, but they must have a background in mental
health or education, according to the department. "There are some
serious problems" at the youth center, said state Sen. Don Cheeks
(R-Augusta), who has been in several meetings between employees and agency
officials. "But part of the problem is from management. Part of it is from
employees. Part of the problem is from the top [in the department].
. . . They have serious problems [at the center] that need to be
addressed." Department of Juvenile Justice Commissioner Orlando
Martinez picked the company that already was providing mental health services to
run the entire facility. The long-term detention center has "had
continuing problems," agency spokeswoman Jaci Vickers said. "The
commissioner . . . felt he had to act now, as opposed to
later." The department will choose a private provider to take over
full time after it develops a request for proposals and solicits bids, Vickers
said. The center, one of nine long-term juvenile facilities in Georgia,
has reported an increasing number of inmate assaults and suicide attempts,
including one successful suicide in March. Five of the state's eight other youth
facilities are run by private companies. The Augusta facility is
authorized to have a staff of 300 to deal with 150youths. Because of the various
problems, the number of boys there has been reduced in recent months to about
50. Serious problems at the Augusta facility have been noted in reports
released as long ago as 1998 by monitors the U.S. Department of Justice sent to
Georgia. The problems noted in those federal reports have been augmented by
preliminary accounts of the GBI's findings. GBI spokesman John Bankhead
said Wednesday the bureau probe is "still an ongoing investigation"
that will take two to three weeks to complete. Only then will the specifics of
the findings, including any resulting criminal charges, become public. But
the problems at the Augusta center portray it as the worst of the nine long-term
juvenile facilities in Georgia. Before the wholesale suspensions this
week, six youth correctional officers were suspended with pay in February and
March, including one who was on duty when a teenager from Jonesboro committed
suicide; four of the six eventually were fired. Martinez said at a
volatile meeting with staffers Monday that the ongoing GBI investigation was
turning up evidence of criminal activity, including sexual contact between
staffers and inmates and the use of marijuana. Since the plan to change
management was announced a month ago, Vickers said, security cameras in the
units and radios used by officers have been damaged and agency officials
allegedly have received harassing telephone calls at their homes.
"That's not true. That's an outright lie," said Ralph Williams,
president of the State Employees Union, which has been trying to save the state
jobs. He said workers turned in a nurse suspected of having a sexual
relationship with one of the boys and reported the staffer who was bringing
marijuana into the facility. "Unique Solutions has been a part of the
problem," he said. "They were on the campus when all these things were
happening." Brett Brannon, who founded Unique Solutions five years
ago, is the new director at the campus. Telephone messages left for him were not
answered. Cheeks and other Augusta area legislators said they are upset
with the changes at the Augusta facility and the way they came about.
Martinez made the decision to privatize the center and then got approval from
Gov. Sonny Perdue's chief operating officer, Jim Lientz. The governor
found out after the fact, and legislators said they were not told 60 days in
advance of the change, as the law requires. "What was done was
wrong," state Rep. Henry Howard (D-Augusta) said. Howard said he
asked the governor to delay the privatization until the GBI investigation is
completed. Derrick Dickey, a spokesman for Perdue, said the governor
thinks "privatization is the right answer" at this time. Cheeks
said, "We think the people they are planning to give the contract to are
part of the problem. . . . I'd rather see the U.S. Justice Department
take over than see Unique Solutions take over." (The Atlanta
Journal-Constitution)
Bridge
Institute
Athens, Georgia
First Corrections Corporation
March 1, 2002
The Bridge Institute, an
Athens
facility
for juvenile
offenders with serious mental health
problems, is under
orders from the state to start providing
''proper care for
our youth.''
In a letter written Tuesday, state
Department of
Juvenile Justice Commissioner Orlando
Martinez
gives the
private Virginia-based First Corrections
Corporation a
Monday deadline to establish ''a firm
timeline to become
fully operational.'' First Corrections
Corporation operates
The Bridge Institute, on
Mitchell
Bridge
Road in
Athens
,
under contract with the state.
In the past few weeks, DJJ has become
aware of
operational problems at the facility, and
over the
weekend, four employees, including the
director,
resigned, according to DJJ spokeswoman Jaci
Vickers.
Martinez
's letter asks the company to
address five
issues of concern: the physical plant,
admission process,
staffing, medical services, and
communication and
support from the corporate office.
The staffing problems, according to
Vickers, stem at
least in part from ''hiring kids straight
from college.'' The
Bridge Institute currently has 10 teachers,
as well as at
least one psychiatrist and 39 counselors who
rotate
through on a weekly basis.
Martinez
's concern over ''medical
services'' stems from
delays between the time a child reports a
sickness and
subsequently sees a doctor, according to
Vickers. (Online Athens)
Clarke
County Jail
Athens, Georgia
Prison Health Services
December 6, 2004 Athens Banner Herald
The denial of medical care to a Clarke County Jail
prisoner who later died from a heart attack was tantamount to the woman being
"punished by death on a misdemeanor charge," according to a lawsuit
filed by her husband in Clarke County Superior Court. In
the lawsuit, Muscogee County resident Stephan Lamar Hubbard Jr. claims his wife,
40-year-old Laverne Rose Hubbard, died two years ago after repeatedly pleading
for jail personnel to take her to the hospital because she was suffering with
chest pain. In the lawsuit, however, Clarke County Sheriff Ira Edwards,
Athens-Clarke County and the jail's contracted health care provider,
Tennessee-based Prison Health Systems Inc., are all alleged to have been
negligent in the training of jail personnel on proper emergency medical response
and treatment procedures. Eight hours after arriving at the jail, the
lawsuit states, Mrs. Hubbard was taken to the hospital after being found
unconscious on the floor of her cell. "Mrs. Hubbard died of a heart attack,
which would have been avoided if (jail personnel) had not denied Mrs. Hubbard
medical care," the lawsuit states. "(Their medical) policy violated
contemporary standards of decency."
College
Park Jail
Atlanta, Georgia
June 19, 2004
Murder charges have been filed against a supermarket security guard in the
shooting death of a College Park teenager the guard suspected of stealing her
car. Kathryn Smith, who had been charged with aggravated assault in the
shooting of Courtney Wright, 16, officially was charged with murder at a hearing
Saturday morning, hours after Wright was removed from hospital life support
systems and declared dead. In addition, Smith is charged with aggravated
assault and carrying a pistol without a license. Clayton County police
Capt. Jeff Turner said Smith told detectives she had gotten off a bus and was
walking to her job as a security guard at Wayfield Foods in College Park when
she saw the Pontiac Grand Am that had been stolen Monday from her and her
domestic partner. It was parked at an auto parts store. Investigators say
Smith, 30, confronted Wright and they began arguing. When he tried to
drive off, Smith shot him once with her .38-caliber revolver, said Turner.
Maureen McLeod, an attorney representing East Coast Security, Smith's employer,
said the agency issued a gun to Smith and that she completed training to carry
the firearm at the store. (Atlanta Journal-Constitution)
September 24, 2003
Sabrina Byrd's lack of money ultimately landed her a 17-day stay in the
College Park Jail this summer. Byrd, a 27-year-old single mother of
three children, was cited by the south Fulton County city 11 times for allowing
her three dogs to run the streets without a leash and for not having them
vaccinated for rabies. She couldn't afford to pay the $852 in misdemeanor
fines she had accumulated, so Municipal Court Judge George Barron put Byrd on
probation and allowed her to pay the fines in 10 monthly installments. Because
Byrd also would have to pay a $39 monthly fee to a private probation company,
her monthly tab reached $124, according to legal documents filed on her
behalf. Byrd, who is unemployed and receives food stamps and spotty child
support payments, couldn't pay the fines, so she stopped showing up for her
probation meetings. Eventually, she was arrested for violating her probation,
and Barron sentenced her to 25 days in jail. Palmer Singleton, a lawyer
for the Southern Center for Human Rights, contends that Byrd -- a soft-spoken
woman who has no criminal record -- wouldn't have spent one day in jail if she
could have come up with the $39-a-month probation fee. Singleton challenged
Byrd's jailing in Fulton County Superior Court and alleged that her imprisonment
for inability to pay a fine violated her constitutional rights to equal
protection. She was released the day of the court filing. The center
argues that the probation fees amount to unfair treatment for poor people:
Someone with money would have paid the fines and fees and moved on, while poor
people, such as Byrd, suffer great consequences, including jail. The
center is considering filing a lawsuit challenging the constitutionality of such
fines, Singleton said. But Barron and others say that Byrd bears the
responsibility of her predicament. The judge said this week that he jailed Byrd
for her repeated flouting of the legal system, not for her failure to pay the
probation fees. He said Byrd failed to appear for a court hearing to answer to
the charges of violating the leash laws and also failed to appear for her
probation meetings. "She was not put in jail because she didn't pay a
fine," Barron said. "She absconded from probation. She had 11
offenses. She also owned a particularly vicious chow. [Authorities] were very
concerned about it attacking a child." The judge said he would have
held a hearing to determine whether Byrd was indigent but her court-appointed
lawyer never asked for one. 'Taxed for being poor' Even
though Byrd is free, Singleton still maintains that the legal system focuses too
much on punishing offenders, rather than helping them rectify the problems that
got them in trouble. It wasn't until Singleton sought out the help of local pet
stores and veterinarians that he was able to get Byrd's dogs spayed and
vaccinated. One of the dogs was put to sleep while another was sent to a pet
sanctuary in Utah. Byrd kept the mother of the two dogs, Ta-ta. "The
amazing thing is the probation company did nothing to help this woman with the
dogs," Singleton said. "They just taxed her for being poor. Once we
tapped into the right resources, we can help the dogs. We can't do that for
Sabrina Byrd?" Joseph Lowery, of the Georgia Coalition for the
People's Agenda, said he considers Byrd's punishment "medieval."
"I thought debtor's prison had been outlawed in this state," said
Lowery, former head of the Southern Christian Leadership Conference, an
organization that has put such probation fees on its agenda. "Poverty is no
crime, and the court ought to find a way to let her work this situation out some
kind of way." People who violate the law in Georgia and are sentenced
to probation must pay a monthly fee to be monitored. The Georgia Department of
Corrections supervised probationers until 1997. But the state Legislature passed
a law that year to place supervision of misdemeanor probationers in the hands of
private companies. Now, 37 companies supervise about 200,000 misdemeanor state
probationers. Corrections still supervises felony probationers for fees
ranging from $23 to $29 per month. Currently, there are about 130,000 convicted
felons on probation in the state, according to Michael Nail, director of the
department's probation division. Depending on the risk level, some probationers
are visited at least three times a month at home or work by an officer. Low-risk
offenders simply place a phone call or mail in a form once a month to an
officer. Probationers who cannot afford the monthly fee can apply for a
hardship exemption. If the probationer is found to be legitimately indigent, the
monthly fee is waived, said Nail, who recently became one of 11 members on the
statewide County and Municipal Probation Advisory Council. "It's a
rarity that we return someone to the court solely based on their inability to
pay," Nail said. Clay Cox, chief executive officer of Professional
Probation Services, the company that handled Byrd's probation, said it was
difficult to offer Byrd any form of help, because she repeatedly failed to show
up for her probation meetings. Had Byrd worked with the company to prove
her poverty, she could have appealed to the judge for an alternative sentence,
such as community service, Cox said. His company even would have helped Byrd
with a job search, he said. "We love taking people's cases very
seriously," he said. "But they've got to take their orders seriously
and get it done." 'It went way too far' Cox said about 9
percent of the cases his company supervises in the Atlanta Municipal Court
system are considered indigent and that the monthly fees have been waived.
Byrd said she accepts responsibility for many of her problems. But she doesn't
understand why someone such as herself spent 24 hours a day in a cell where she
got two meals a day served to her through bars. "At some point in
life, we can sometimes just have a heart or a listening ear or a concerned
spirit about a person, about their situation, rather than taking your job overly
serious or passing too many unnecessary rules, where it disturbs or makes
matters worse than they really have to be," Byrd said. "I think
a lot of things could've been resolved by caring about a person. I think it went
way too far. I don't think the punishment fit the crime." (The
Atlanta Journal-Constitution)
DeKalb
County Children's Center
Georgia
WestCare
November 18, 2004 Atlanta Journal-Constitution
Nearly two years ago, state child welfare officials closed
the troubled DeKalb County emergency children's shelter and promised a new
facility that would keep kids safe. Now an advocacy group says that promise has
been broken. Lawyers at Children's Rights Inc. said children at the DeKalb
County Children's Center face some of the same kinds of problems that plagued
the previous shelter. Some children are not getting adequate medical care,
clothing or education. And many languish there for long periods without proper
treatment, the group said. "This is another frightening example of the
Perdue administration's failure to address known dangers to children in the
[state] foster care system," said Ira Lustbader, associate director of the
New York-based advocacy group. Specifically, Lustbader said the center failed to
do a required criminal background check on an employee who was a felon, and who
later sexually assaulted a child at the center in May. Also, he said a school
safety officer was so concerned about safety issues at the center that he
refused to leave a child there in September. WestCare
spokesman Jeff Dickerson said the facility is still working out some problems.
Lustbader said an independent consultant's review of the facility last June,
performed at the state's request, said WestCare's "support of the DeKalb
County Children's Center borders on neglect."
DeKalb
County Jail
Georgia
CMS/CHS
December 8, 2004 Atlanta Journal-Constitution
If Adams v. Dorsey were an old movie instead of a lawsuit,
calendar pages might blow past the camera, stopping briefly at the turn of the
years from 1999 to 2004. Now it appears the story will continue past one more
New Year's Day, because some disputes remain in the long and costly battle over
medical care at the DeKalb jail.
By mid-December, Superior
Court Judge Hilton Fuller will receive written arguments on one aspect of what
may be the final steps in the lawsuit. Lawyers for the Southern Center for Human
Rights, representing jail inmates, want to send in their own expert to review
the care provided by the jail's private medical contractor. Lawyers for the
county government and Sheriff Thomas Brown oppose that request. Also this month,
the inmates' lawyers are to meet with the jail's medical staff in the first of
what a court-appointed monitor recommends should be monthly meetings to review
any complaints. The case began in 1998, finally yielding a
settlement in March 2001. At the time, Fuller said that inmates with
life-threatening diseases weren't being treated and that the jail's failure to
adequately protect against contagious diseases posed a hazard to guards and the
public. Later, Fuller ruled the agreement wasn't being followed. He found the
county government in contempt and said he would continue to oversee the jail
medical program until the agreement's conditions were met. Since the settlement,
the jail's annual medical bill has increased from about $7 million to about
$11.5 million. The county's legal bills for the lifetime of the case total more
than $700,000.
February 16, 2004
A new court-appointed inspector says medical care at the
DeKalb County jail has improved enough that a costly six-year legal battle could
end soon. The county has spent more than $700,000 in legal expenses
on the case that began when inmates sued over poor medical care. Meanwhile,
county jail medical costs have jumped to about $11 million this year from $7
million in 2001. (The Atlanta Journal-Constitution)
March 17, 2003
Georgia Philpot knows her complaints about her son's medical treatment by the
DeKalb County sheriff's Department won't get the attention of many county
residents. Her youngest child, 21-year old Alan D. Philpot, has been held
in the DeKalb jail since September for violating probation on a drug
conviction. He has a history of ear infections that required surgery, and
began telling jail officials in October that he had a new infection, his mother
said. She said it took more than three months and at least 10 phone calls
to various jail officials to find someone who made sure Philpot got the
antibiotics he needed. "The public is generally unconcerned about the
medical care rendered to inmates," Superior Court Judge Hilton Fuller wrote
in a 2001 ruling in which he nonetheless tried to spell out reasons the public
should care. He cited society's moral duty to treat humanely and health
risks to guards, jail visitors and the outside world. Such charges and
countercharges are part of an ongoing 3 1/2-year old battle over health care for
the 2,700 men and women housed in Georgia's largest jail. Tamara Serwer,
lawyer representing inmates, insists inmates are still at risk and the public
sector could be too, from inmates released with communicable diseases.
Failure to control communicable diseases, including tuberculosis, has been a
frequent criticism in reports by Dr. Robert Greifinger, a former chief medical
officer for the New York Department of Corrections. He was appointed by
Fuller to monitor the jail's compliance with its 2001 agreement to improve
medical care at the jail. Even as Greinger praised a new management team
installed at the jail by private contractor Correctional Medical Services in his
latest report in February, he said he found cases in which there was not
"timely and appropriate follow-up" for inmates whose chest X-rays
showed a risk of TB. (The Atlanta Journal Constitution)
February 25,
2003
Sheriff Thomas Brown on Monday said the DeKalb County Jail's much-criticized
medical care system is close to earning national accreditation. Brown
called a recent positive review by the National Commission on Correctional
Health Care a welcome counterpoint to a series of critical reports by a
court-appointed inspector. Brown described medical care at the jail as in
a crisis when he took office two years ago. The jail has operated under a
court-approved settlement of an inmate lawsuit over inadequate care since March
2001. As recently as last week, the inspector appointed to monitor the
settlement reported that minimum standards were not being met, though there were
signs the jail's private medical contractor was trying to improve. Brown
said the reports by the inspector, Dr. Robert Greifinger, have focused on
problems with individual inmates, while the accrediting commission review shows
that the jail's overall approach to health care is sound. In a jail with 2,700
inmates, "you can miss one and not do something just right," the
sheriff said. But, he said, "We think we're well on the way to solving this
particular litigation." That assessment was disputed by Tamara Serwer,
a lawyer for the inmates who brought the medical care lawsuit. She said
Greifinger reviews random cases and that the examples he has cited show
"the system is not functioning." She said the commission focuses
on written policies. "It's a great thing to be accredited by the NCCHC, but
it doesn't tell you anything about the way patients are actually treated."
She said it was "amazing" that it took two years to get adequate
policies in place. Actual improvement will take months more, she said.
(The Atlanta Journal)
January 24, 2003
A court-appointed inspector says some diabetics inmates haven't been getting
proper doses of insulin at the DeKalb County Jail and the jail medical staff has
been slow to react to potential tuberculosis and HIV cases. Dr. Robert
Greifinger, a former medical director of the New York State Department of
Corrections, made the criticisms in a report after visiting the jail last
week. Greifinger visits the jail to monitor compliance with a 2001
settlement in a lawsuit over inmate medical care. Greifinger said one
diabetic inmate received no insulin for three days and "developed a
life-threatening condition" that required emergency hospitalization.
He said he reviewed the records of four other inmates with diabetes that was
"seriously out of control." Two had foot ulcers and "none
have had insulin adjustments to get them in control," according to the
report. Ken Fields, a spokesman for CMS, the company contracted to provide
jail medical care, said it was not clear if some of the diabetic inmates
Greifinger cited were recent arrivals. Fields said CMS officials do not
agree with Greifinger's assertion that no HIV tests had been ordered at the jail
since Dec. 25. He said he could not comment specifically on five cases in
which Greifinger said CMS did not appropriately follow up on chest X-rays
"suspicious for tuberculosis." Tamara Serwer, staff attorney for
the Southern Center for Human Rights, which filed the original lawsuit, said
Greifinger's report signaled a need for further action to improve conditions at
the jail. (The Atlanta Journal Constitution)
August
9, 2001
Earlier this month, the court-appointed monitor released a scathing report
about medical care at the jail and said that Healing Touch was doing little
to improve it. The lawyers for the plaintiffs in the lawsuit have filed a
motion to put the jail's medical care under control of the courts.
DeKalb County hopes its newest contractor finally will improve medical care
at the jail and get the court system off its back. The County Commission
Tuesday hired Correctional Medical Services Inc. of
St. Louis to provide medical care to inmates at the state's largest jail.
The contract, which is for up to five years, is worth at least $8.16 million
a year, an increase of $1 million over the last contract.
In 1998, a group of inmates sued the county over poor medical care. Under a
settlement agreement signed in March, the county agreed to improve the care
and the court appointed a monitor to oversee the progress.
In
April, the county's medical care provider ---Correctional Healthcare
Solutions --- walked away from its $7 million contract. A local company,
Healing Touch Inc., was given an interim contract.
Earlier
this month, the court-appointed monitor released a scathing report
about medical care at the jail and said that Healing Touch was doing little
to improve it. The lawyers for the plaintiffs in the lawsuit have filed a
motion to put the jail's medical care under control of the courts. (The
Atlanta Journal and Constitution)
Department
of Human Resources/Department of Youth Services
July 16, 2003
State officials with the Department of Human Resources and Department of
Youth Services should be giving a for-profit Shelby County youth services center
a very thorough review after Jefferson County Family Court stopped the transfers
of three girls to the center. While Family Court officials wouldn't say
much, other than to question conditions at Oak Mountain Youth Services, that
should be enough to raise flags with state officials. Certainly, there's enough
smoke to justify an inquiry by state officials, just to be sure there's no
fire. (Birmingham News)
Devereux
Center
Cobb County, Georgia
September 6, 2003
Two 16-year-old boys charged with raping a 25-year-old Kennesaw woman early
Thursday are only the latest in a regular series of runaways from a private
center for emotionally disturbed teenagers, police records show. Since
Jan. 1, police have received 12 calls reporting runaways from the co-educational
north Cobb County campus of the Devereux Center on Stanley Road in Kennesaw. In
the last three years, police have responded to the center at least 114 times,
including two reports of sodomy, Cobb police records show. (The Atlanta
Journal-Constitution)
Deyton Detention Facility
Clayton County, Georgia
GEO Group
May 22, 2007 Business Wire
The GEO Group, Inc. (GEO : 53.08, +2.03, +4.0% ) ("GEO") announced today that it
has signed an initial 20-year agreement, with two five-year renewal options by
mutual agreement, with Clayton County, Georgia (the "County") for the leasing
and utilization of the existing County-owned 576-bed Robert A. Deyton Detention
Facility (the "Facility") with the ability to expand the Facility by an
additional 192 beds, which GEO is currently considering. The Facility is
expected to be used by Federal detention agencies with a targeted date of
occupancy of year-end 2007 after the completion of an estimated $3.0 million
renovation. GEO believes that the Facility could generate approximately $14.0
million in annual operating revenues at full occupancy of 576 beds.
D.
Ray James Prison
Folkston, Georgia
Cornell
March 24, 2008 News 4 Jax Federal prisoners at the D. Ray James Prison near
Folkston, Ga., were locked down on Monday after prisoners resisted orders to
return to their cells, Channel 4 learned. Prison officials said there were no
injuries. The Charlton County Sheriff's Office said the prison did not request
assistance. A spokesman for Cornell Companies, the private firm that runs the
prison, said the lockdown is only in a newly opened pod that houses federal
prisoners and does not affect the entire prison. Only 50 to 60 inmates of the
prison's capacity of 1,640 were involved. Since the prison opened in 1998, it
has expanded to become the largest privately run prison in Georgia.
Forrest Hill Academy
Douglas County, Georgia
Community Education Partners
May 7, 2008 Creative Loafing
Patti Welch was living in Douglasville when she went through a divorce last
year. Atlanta was her chance to start over. Weary of her one-hour, 20-minute
commute to the northside law office where she works as a paralegal, Welch found
a duplex in the West End only 20 minutes from her job. But the move also was
about her 15-year-old son, Patrick. He was a smart kid, a B student entering the
10th grade. But he'd gotten into fights. One took place just off school grounds
and involved several kids, so officials labeled it "gang-related." That meant
Patrick would be sent to Douglas County's alternative school. Even though she
was confident her son wasn't in a gang, Welch didn't bother to appeal the school
district's decision. She thought an alternative school might help him. And she
hoped the 10 days Patrick spent in jail after his last fight would serve as a
wake-up call. Welch knew her son would be sent to an alternative school when
they moved to Atlanta. But she thought it would be temporary. Instead, officials
told her that because Patrick had a gang-related fight on his record, he'd never
be allowed to enroll in a regular school in Atlanta. She tried to make the best
of it. When told he'd be sent to Forrest Hill Academy, she looked at her son and
forced a smile. "Wow," she said hopefully. "They're putting you in an academy."
Six months later, Patrick became one of eight student plaintiffs in a class
action lawsuit filed by the American Civil Liberties Union's Racial Justice
Program in New York City. The suit alleges that Forrest Hill which is operated
by a for-profit company called Community Education Partners is little more
than a pathway to prison for Atlanta's unwanted students. "It would be a stretch
to even call this a school," says Reggie Shuford, an attorney with the ACLU's
Racial Justice Program in New York. "There is little to no academic instruction,
and its students are treated like criminals. It is nothing more than a
warehouse, largely for poor children of color." The ACLU contends that Forrest
Hill students, 97 percent of whom are African-American, spend most of their days
filling out worksheets, for which they get no feedback. According to state
figures, nine out of 10 students at the school are unable to pass the
standardized state test for math proficiency. The figures also show that Forrest
Hill is the most violent school in Atlanta. "It is a national disgrace that the
Atlanta school system has handed over its constitutional responsibility to a
private, for-profit corporation," says Emily Chiang, the case's lead lawyer.
Forrest Hill wasn't quite the academy that Patti Welch had hoped for. The idea
of putting problem children into an "alternative school" is a recent phenomenon
in the world of education. Before a federal law that took effect in 1978, public
schools had no legal requirement to provide education to special needs kids. If
a child was violent, or continually disrupted the class, schools could kick him
or her out. When the law took away that option, teachers and school systems
faced the chore of trying to tame disruptive students. The trend of taking those
kids out of regular classrooms and putting them into "alternative" schools began
to take hold. That practice quickly led to allegations that some systems under
increasing pressure to churn out higher scores on standardized tests were
simply "warehousing" their undesirable students, out of sight and out of mind.
"Those schools weren't about education, but just getting through the day," says
Eric Freeman, assistant professor of educational policy studies at Georgia State
University. "Those were the 'expendable kids.' It's no longer acceptable to have
schools where kids are warehoused, but we still have a long way to go." When it
was founded in 1996, Community Education Partners touted itself as a way to get
expendable kids back into the mainstream. From the start, however, there were
indications CEP's considerable political weight was as responsible for its rise
as were its education programs. CEP was formed in Nashville by four men with
heavy Republican connections.CEO Randle Richardson, was chairman of the
Tennessee Republican Party from 1992 to 1995 and oversaw a 1994 electoral sweep
in which Bill Frist and Fred Thompson won Senate seats and Don Sundquist was
elected governor. Another co-founder, John Danielson, would become chief of
staff for Education Secretary Rod Paige under George W. Bush. One of the initial
investors, Tom Beasley, had chaired the Tennessee GOP before Richardson did.
Beasley also founded the Corrections Corporation of America, which runs
privatized prisons. Founded in 1984, CCA has grown to become the sixth-largest
prison system in the country trailing only the U.S. Bureau of Prisons and four
states. But the company also has faced criticism for understaffing, high
turnover and lax security. According to a 1999 state audit, neglect of medical
care and security at CCA facilities in Georgia amounted to "borderline
deliberate indifference." The two companies CCA and CEP have turned out to
share some parallels. Both had business plans that relied on obtaining contracts
to operate government services. Both were started in Nashville by major
Republican Party players. And both went to Texas to make their mark. Texas was a
natural entry point for CEP. In 1995, George W. Bush had become governor, and
his administration was brimming with ideas to reform schools. The bundle of
changes would be touted during Bush's 2000 presidential run as the "Texas
Miracle." In that environment, George Scott, president of a Texas nonprofit
education reform group, helped CEP gain a foothold. "I got pulled into it by the
former superintendent for the Houston school department," Scott says. "It's a
sinister manipulation of reality to say that public education is meeting its
constitutional and moral obligation to these children; we throw at-risk kids
into alternative centers and forget about them. Then along came a company that
said it was going to do something different." Scott says he first used his
political connections to help the company land a contract to take over the
education services at a juvenile detention center. He was impressed by CEP's
pitch that its methods could help problem children get up to speed academically
so they go back to mainstream schools. "You have kids in the ninth grade who
can't do fractions," Scott says. "If a kid is in the ninth grade but is at the
fifth-grade level, giving them an algebra book is useless. Under this program,
we would start them at the level where they are at, and build from there. CEP
promised two years of academic growth for every year a student was in their
school." In 1997, Scott says, he used his relationship with Paige, then
Houston's school superintendent, to help CEP land its first public school
contract. Under the future education secretary's stewardship, the Houston
Independent School District was becoming a cradle of the so-called Texas
Miracle. Paige had put a system in place that held individual principals
accountable for dropout rates and test scores. Then, the district signed a $17.9
million contract to turn the education of as many as 2,500 children to CEP.
Initially, the corporation hired Carl Shaw who was the former chairman of the
Texas Education Agency's assessment committee to develop an independent test
to grade the progress of the CEP students. "I will never forget the day the
school board approved the CEP contract," Scott says. "Randle Richardson and I
were walking out of the building and I told him that not all the kids in this
are going to make two [years of progress] in one. But that is going to be your
strength. You'll say that you're being held accountable for the program." Before
CEP's contract with Houston took effect, however, the first test results from
the juvenile detention facility came back. Scott recalls that they showed the
students weren't making much progress some had even regressed. CEP blamed the
test, and fired Shaw. Richardson disputes that account. He says Scott let his
friendship with Shaw intrude on his judgment and that the scores showed 20
student inmates had regressed in math but that most had made great progress. His
own expert looked at the test and determined it was flawed, an opinion seconded
by the Texas Education Agency. Whether it was over a principle or a friendship,
the incident left Scott with strong feelings about CEP. He now says the one
thing he's most ashamed of in his professional life is helping the company get
into the Texas schools. The absence of Shaw's test, he says, left the company
devoid of the very thing that had attracted him to the concept in the first
place: accountability. Instead, Scott says, CEP began to cull its political
connections. A sitting Houston school board member was hired as a consultant.
Sandy Kress, who later authored Bush's No Child Left Behind program, was hired
as a lobbyist. And when the company opened the campus of its first alternative
school, in Houston in 1997, former President George H.W. Bush was at the opening
ceremony to offer his endorsement. "They put together a very powerful,
politically juiced operation in Texas," Scott says. CEP followed its Houston
deal with a five-year, $10 million-a-year contract in Dallas. Then, it moved on
to Florida and Philadelphia. And all along it followed a familiar pattern: It
hired well-connected lobbyists to sell the program and courted elected officials
with generous campaign contributions. CEP claimed it had found the key to
educating a student population that was thought to be beyond help. The schools
used a computer-based education program called PLATO that CEP said enables
students to quickly catch up to their age level in reading and math skills. The
company was swept up in the middle of what became a nationwide education reform
movement. Bush campaigned for the presidency heralding his "Texas Miracle" of
low dropout rates and high test scores. When he was elected, he named Paige to
his Cabinet and pushed through Congress the No Child Left Behind Act, which
instituted high achievement goals for the nation's public schools. But even as
it rode the wave of its association with Bush's education changes, CEP became a
target of criticism. Some parents complained of prison-like conditions inside
CEP schools. Others claimed CEP was, in reality, doing little more than
warehousing problem students. There were official rebukes as well. An internal
evaluation in Dallas found that "the model of education provided by [CEP] was
untenable." "The reliance on non-certified teachers for the bulk of the student-
teacher interaction was useful for the company to save money, but was not a
design in the best interest of the students," the report went on to say.
"Students who attended Community Education Partners did not do very well
academically." CEP had even refused to provide its budget data to the school
district, the report said, which made it impossible to know just how it was
spending the money it received. In 2002, the Dallas school system fired CEP. By
then, however, the company was developing its relationship with a new customer:
Atlanta. It's unclear exactly how CEP came to acquire a $6.9 million contract to
open an alternative school in Atlanta. Richardson says the school system
contacted the company in 2001. Citing the pending ACLU lawsuit, Atlanta school
officials won't even talk about CEP. At the time the contract was signed,
Atlanta officials brushed aside concerns already brewing in Dallas. They cited a
"task force" report that supposedly recommended the district privatize its
alternative schools; when the AJC requested a copy of that report, however,
school officials said they couldn't find one. It didn't take long for concerns
to crop up in Atlanta. In August 2002, CEP opened its alternative school in
temporary quarters at the old Archer High School. Parents of some of the
students attended the Rev. Darryl Winston's southeast Atlanta church. "We were
hearing allegations of mistreatment and a prison environment," says Winston,
president of the Greater American Ministerial Council. "We met with the staff,
and they admitted that 90 percent of what we described had to do with the
building. The Archer High School campus was extremely chaotic. They told us the
building did not give us an accurate picture of what the program was about." CEP
even flew Winston and other community leaders to Houston to tour their schools
there. "We were impressed by what we saw," he says. The company assured Winston
the problem was that the Atlanta school had yet to find a permanent location.
The company prefers a specific design for its schools. Kids are segregated into
male and female classes, and the classes are isolated inside pods within the
building. "In school, kids get in trouble in the hallway or the cafeteria or
going to the restrooms," says Anthony Edwards, a CEP vice president. "So we
control that. There are restrooms and water fountains in each of the common
areas. It eliminates movement. Kids get in trouble when they're moving." Three
properties had already been identified, but each was scuttled by community
opposition to an alternative school in the neighborhood. CEP asked for Winston's
patience, and he was willing to give the benefit of the doubt. Meanwhile, the
company did what it could to strengthen its political ties in Atlanta. When
school board members faced re-election in 2005, CEP and its executives gave
money in four races. According to Fulton County records, Randle Richardson made
a $250 contribution to Mark Riley, who easily won re-election. He also
contributed $500 to Brenda Muhammad, a former board member who ran successfully
to regain a seat. CEP's chief financial officer, Phil Baggett, contributed
another $250 to Muhammad. CEP was more generous in two other contests:
Richardson and Baggett each made three separate contributions to incumbent Eric
Wilson that totaled $2,000, and newcomer Yolanda Johnson received a total of
$2,500. Although Georgia law requires candidates to list the occupations and
employers of their contributors on their disclosure forms, none of the school
board candidates did that for the CEP executives. Muhammad says she had no idea
Richardson and Baggett were CEP executives until CL told her. "If they were
standing in front of me, I wouldn't know them," she says. "No campaign
contribution will influence me from making my decisions based on the best
interest of the children of Atlanta." Riley also said he was unaware that
Richardson led CEP. "That's a little embarrassing," he says. "I make a point of
never accepting contributions from vendors. I've even returned checks before."
Six months after the school board began its new term, it extended CEP's contract
to 2009. When school opened in August, Patti Welch and her son got their first
look at Forrest Hill. Welch went through a 90-minute orientation, where the
rules of the school were laid out. Patrick wasn't to bring anything onto campus
that was considered contraband. The list included watches, jewelry, purses,
combs, brushes, keys and money in excess of $5. Paper and pens weren't allowed
either; the school would provide everything that was needed, even tampons for
female students. Patrick would go through a metal detector each morning and be
patted down by a security guard to ensure he didn't have weapons or drugs.
Backpacks weren't allowed, and books couldn't be taken home. In fact, there was
no homework for Forrest Hill students. Patrick went through a weeklong
orientation that included tests on the PLATO computer system to determine where
he stood academically. On his first day, he sent his mother a text message:
"This school is so bad." He found the lessons boring. He complained that the
teacher would simply put an assignment on the board; then the kids would be
expected to do it on their own. Once the students were finished, they were given
crossword puzzles to fill out. "Patrick found it totally uninteresting and
totally unmotivating," Welch says. "He kept sending me text messages, and I
didn't believe him. He started missing days, so I went up there." What Welch saw
alarmed her. The building was new and well-maintained, but the pods where
students were segregated reminded her of a jail. "There's one steel door to the
classroom, no windows. It looked like a mini-prison." Not long after that, she
heard the ACLU wanted to interview parents with children at Forrest Hill Academy
for a potential lawsuit. Welch decided to talk to the organization. Two years
ago, a special education lawyer in Atlanta called the ACLU and suggested they
investigate the CEP school in Atlanta. "As soon as we began to scratch the
surface, we were so outraged by what we found," says the ACLU's Chiang. "The
standardized test scores are really shocking. No one was passing." State
statistics show the school has made few strides toward improving its students'
academic standing. According to state Department of Education figures from the
2006-07 school year, 91 percent of CEP's students failed the state's assessment
test in mathematics; 66 percent failed the reading portion. In its latest
contract with Atlanta, CEP agreed to a performance goal of making measurable
progress in 31 categories for the 2005-06 school year, based primarily on
results from the state's Criterion Referenced Competency tests. Of those
categories, six couldn't be measured because there were too few students
enrolled to get a proper study group, and CEP students showed improvement in 11
from the previous year. But in 13 categories, the students tested worse. In the
final category ninth grade physical science there was no change: 100 percent
of the students failed both years. "They cannot deny their standardized test
scores are abysmal," Chiang says. Shirley Kilgore, a former Washington High
School principal in Atlanta who now consults for CEP, counters that it's unfair
to evaluate the program based on state tests. "Students in an alternative
program are transient," she says. "We had a girl come in here last week. She's
been here a matter of days, but her score belongs to us. Some of these students
taking the tests have not been with us for any length of time." Richardson, the
company's CEO, points out that almost 90 percent of students sent to Forrest
Hill are at least two grade levels behind in reading and mathematics: "You
wouldn't pass it either, if you're reading at the fourth grade level and you're
taking a ninth grade competency test." The ACLU claims the heart of the problem
is that Forrest Hill cuts corners when it comes to academics. The teachers don't
teach, Chiang says, but instead hand out worksheets for the students to fill
out. She also notes that CEP has a practice of hiring inexperienced teachers.
According to state figures, the average level of experience of the teaching
staff at Forrest Hill is less than a year. Kilgore, the CEP consultant, argues
that few quality teachers want to work at an alternative school. "They are
either committed to making a difference," she says, "or else a new teacher
starting out." But at least one other alternative school attracts far more
senior teachers: The average level of experience at Fulton County's McClarin
Alternative School is 19 years. The ACLU also alleges that students often are
manhandled by the school's staff, that teachers have even thrown textbooks at
the children in their rooms. CEP denies there is any student mistreatment.
"Inexperienced teachers are a recipe for problems," says GSU's Freeman. "These
kinds of schools are special places and full of a challenging population of
kids." Most of CEP's teachers aren't instructing in their fields of expertise
either. According to state records, of the 76 total core classes taught at
Forrest Hill, only 45 percent are taught by "highly qualified" teachers those
who have majored in the subject they teach. The statewide average is 96 percent.
"We're very deeply concerned, especially in an alternative school setting where
you need highly-qualified educators to work with the children," says Georgia
Association of Educators President Jeff Hubbard, whose group has lobbied against
privatizing schools. "We don't think students should be put in a situation where
a company is trying to make a profit off their education." CEP says it spends
$9,300 per student compared with $12,406 per pupil for the rest of the students
in Atlanta's public school system. The company contends the school saves money
because it doesn't have to offer such activities as sports or music programs
that are required in regular school programs. But Freeman's skeptical. While the
savings sound efficient, he stresses that, in education, you generally get what
you pay for: "These kids need a lot; they're needy kids. You need to spend more
money on them than typical schools. If they are spending less, I'd want to know
why it costs less to educate a student with exceptional needs. Where are they
saving money? What are they subtracting and is it good? Are they saving money by
hiring less experienced teachers who have no training in dealing with these
kids?" Freeman is careful to say he hasn't studied Forrest Hill enough to make
an ironclad assessment. But, he says, "I know people who teach in alternative
schools. It's not an easy environment. It usually requires very special teachers
who can work with those kids. It's a big challenge." The Rev. Darryl Winston is
angry that he sees many of the same issues raised in the ACLU lawsuit that led
him to confront CEP officials four years ago. And his anger isn't just directed
at the company. "We need a statement from Superintendent Beverly Hall that she
takes these allegations seriously and that the APS is looking into them," he
says. "All we got was a statement from the press person that amounted to kind of
'dismissing' it. I've been told as recently as last week that the APS position
is to wait and see what comes out in court." What especially frustrates him is
that no one who isn't behind the walls at Forrest Hill can really know what's
going on there. "CEP has denied every one of the charges, but there's no way to
verify that," Winston says. "We need experts. I've called on the board of
education to launch its own investigation and see if the charges are true. If
they can't, they need a task force appointed by the governor to see what is
going on at CEP." As far back as Houston, CEP officials have had to deal with
complaints that the company's performance needed to be evaluated by independent
parties. "We want to be held accountable for attendance and behavior and
academics," insists CEP's Anthony Edwards. "It's very important to us that we
are a standards-based program." CEP claims students who attended Forrest Hill in
the 2006-07 school year were, on average, performing math and reading on the
third-grade level when they arrived. The school claims that students who were at
the school for at least 150 days made remarkable progress: an increase of 3.2
grade levels in reading and four years in math. Under its Atlanta contract,
however, CEP both administers and grades those tests. There's no independent
verification of the results, but longtime educators say making those kinds of
academic strides in one year is virtually impossible. For a certain percentage
of students who are highly motivated, yes, it can be done; for an entire student
population, unlikely. "Kids with emotional and behavioral problems don't do well
in school," Freeman says. "And kids aren't just going to snap to and start
learning." Chiang says lack of progress on standardized tests make it clear the
PLATO test scores are skewed. Students have told the ACLU that they take the
PLATO tests unsupervised and can ask each other for the answers they don't know.
"CEP claims a pronounced spike in the test scores, but we believe it is because
of PLATO," she says. "In reality, there's no teaching going on." Edwards
downplays PLATO's results. "We are not judged by these," he says. "It's just a
mechanism, a diagnostic tool. The student is given a grade level of
functionality." But the contract with the Atlanta school system says that
Forrest Hill's success or failure will be measured by a combination of results
from PLATO tests and state standardized tests. In addition, if a student who
attends CEP for at least 120 days doesn't show growth in reading and mathematics
of at least one year on the PLATO system, the contract mandates that CEP must
educate that student at no additional cost to the school district until he or
she has reached that level. Patti Welch says her son continues to struggle at
Forrest Hill, and has missed extended stretches of school because he doesn't
want to be there. But she says his disciplinary problems now seem to be behind
him. She plans to take him out of the alternative school at the end of the year;
she wants to home-school him. But ACLU lawyers say the federal lawsuit which
names the school system, board members and CEP as defendants is about more
than just eight kids in one school. It cuts to the heart of a public school's
responsibilities to kids who are in the margins, and it raises questions about
the risks of privatizing public education. "We see it as a broader national
problem, the trend of privatization of government functions and warehousing kids
in a school-to-prison pipeline," Chiang says. For the students at Forrest Hill,
it's also about not being forgotten by the officials who sent them there. "The
problem is that Atlanta didn't build in an adequate system for oversight and
evaluation," Freeman says. "You want it written into the contract to have a good
program evaluation. It's got to be done by people who know how to do it, people
not connected to the school department or CEP so there's no conflict of
interest." Freeman says there should be an annual independent review of Forrest
Hill. Evaluators would go into the school, see the teaching methods, and
interview students and teachers and the administrators. "I hope the CEP school
is investigated by people who know what they're doing," he says. "There are good
questions to ask, and they deserve good answers. The school can't answer those
question, they can only provide the information. Somebody else has to be the
evaluator."
Fulton
County Jail
Fulton, Georgia
Trinity Services Group (formerly run by
Aramark)
July 18, 2007 Atlanta Journal-Constitution
Fulton County can't seem to resolve a $4 million deal to provide food
service to county jail inmates, a contract marked by allegations of corruption
and employee misconduct. The board failed to end the controversy again Wednesday
with a deadlocked 3-3 vote on a proposal to keep the current company, Trinity
Services Group, for another year. Commissioners, who have discussed the deal at
length half a dozen times in the past several months, didn't bother Wednesday.
They simply took the latest vote with no discussion. The deal has gone through
several attempts to bid and rebid with three main groups seeking the work all
being ranked No. 1 at different times. The controversy has generated bid
complaints and lawsuits from spurned bidders that continue. Evaluators
recommended Trinity in the latest round of bids completed June 15 over teams
from Gourmet/Aramark and Meat Masters. Meat Masters has filed suit challenging
the bids and the process and seeking award of the deal. The company's lawyer,
Charles Mathis, accused county staff of improperly manipulating bid results to
keep Meat Masters from winning the bid. County attorney O.V. Brantley said he
looked into the allegations but found no reason to call in criminal
investigators. The third bidder, Gourmet-Aramark Correctional Services, also
says it was cheated out of the contract. The company filed a formal bid protest
with the county. The firm also alleged collusion involving the other two bidders
because Meat Masters filed a bid but also was included as a subcontractor on the
winning bid by Trinity.
March 22, 2007 Atlanta Journal-Constitution
Fulton County will take a step back and ask more companies to bid on a
contract to feed inmates at the Fulton County Jail. Fulton's County Commission
voted unanimously Wednesday for a 90-day deferral on a vote to hire a food
service provider for the jail and satellite facilities. County purchasing
officials are to use the delay to advertise the contract in national
publications that cater to the corrections industry. Commissioners weren't
pleased by a staff recommendation to hire Gourmet-ARAMARK Correctional Services,
which the county fired two years ago. Some commissioners drilled into the
county's purchasing guidelines because they give a big bonus to companies that
have an office in Fulton County. Commissioner Robb Pitts said Gourmet-ARAMARK
would have won the contract even if all three bidders had scored the same in
every category but one location. For the sole reason that it was the only
company with a physical address in Fulton County, the company outscored its
competition and won the staff's recommendation, Pitts said. Chairman John Eaves
said he didn't understand why Gourmet-ARAMARK got the nod when its $4 million
bid was the highest of the three that were submitted. It was about $1 million
higher than the low bidder. Eaves made the motion to defer the vote. Felicia
Strong-Whitaker, a deputy director of the county's purchasing department, said
the county's purchasing guidelines state that cost makes up 25 points of the
formula used to recommend a company for this type of contract. A company gets an
automatic 10 points if it has an office in Fulton County, she said.
February 21, 2007 Atlanta Journal-Constitution
Amid allegations of bid rigging and corruption, Fulton County commissioners
agreed Wednesday to rebid a lucrative food service contract at the county jail.
County Attorney O.V. Brantley said Wednesday she's launched a probe into the
allegations, but Commissioner Robb Pitts said any investigation should be turned
over to state or federal agents. "Someone seems hell bent on giving the contract
to this firm," Pitts said. "I'm going to find out why.... This is serious
stuff...This needs to be investigated, not in house but by someone outside." The
Trinity Services Group won the original contract in 2005, but it expired more
than a year ago. When it was rebid in December, Trinity received the
recommendation, even though it was the highest bidder of the three, according to
county records. One of the firms that was rejected filed a formal protest with
the county, and the other filed a letter, also with the county, claiming
employees were pressured to change bid evaluations to ensure that the deal
stayed with Trinity. Charles Mathis Jr. said his client, Meat Masters Inc., was
the rightful winner of the contract with a bid that was $850,000 lower than
Trinity's $4.1 million offer. They only failed, Mathis said in his letter,
because county employees were pressured to doctor the bid evaluations. "Meat
Masters should legitimately be awarded the contract," Mathis wrote. Two county
employees, Sgt. Chandra Hall and former Chief Jailer Charles Felton, provided
written statements to Meat Masters that they had been directed to change the
contract evaluations to boost the results for Trinity. The Board of
Commissioners has copies of the letters, which were also obtained by the Atlanta
Journal-Constitution. Both said they were threatened that if they went before
commissioners with Meat Masters as the bidder they would be hammered. The other
bidder, Gourmet-Aramark Correctional Services, has alleged collusion involving
the other two bidders since Meat Masters was included as a subcontractor on the
winning bid by Trinity. Lawyer Michael Coleman, who served as hearing officer
for the complaint, issued a ruling on Feb. 16 that recommended Fulton rebid the
deal. "Due to the questions raised by the county's rejection of
Gourmet-ARAMARK's proposal and the collusion claims involving Trinity and Meat
Masters, the appropriate remedy is to cancel the current RFP and re-issue a new
RFP," Coleman found.
August 4, 2004
A company accused of serving bad food to senior citizens is moving on.
Aramark has voluntarily given up a $700,000 contract to prepare food for seniors
and the homebound in Fulton County. An 11Alive News investigation last
month revealed numerous complaints about the companys services ranging from
spoiled and outdated milk to deliveries of fish that were not fully cooked,
clumps of grease on food and one report of a roach found embedded in meat.
Earnestine Yarborough, a senior citizen, said she got chicken that was badly
undercooked. "It was pink water running out of it and pink next to the
bone, Yarborough said. (11alive.com)
Georgia Board of Pardons and
Paroles
June 2, 2006 Atlanta Journal-Constitution
Former prisons chief and parole board member Bobby Whitworth has been
ordered by a Fulton County judge to begin a six-month sentence June 12 on a
felony conviction for taking illegal payoffs. Whitworth, convicted in December
2003, had asked Fulton County Superior Court Judge Ural Glanville that he be
allowed to serve the six months in the Gwinnett County jail about two miles
from his Lawrenceville home. Glanville's order, which was signed Tuesday, was
made public Friday. The Department of Corrections, which Whitworth headed from
1990 to 1993, has made arrangements for Whitworth to serve his time in a federal
prison in Florida. Peggy Chapman, a spokeswoman for the state Department of
Corrections, said officials will move forward to place Whitworth in federal
custody. "We do have a contract with the Federal prison system to place
high-profile prisoners," Chapman said in a statement. "We will continue work
with them to decide placement." Whitworth was convicted of taking a $75,000
payoff to influence legislation that could financially benefit a private
probation company while he was on the state Board of Pardons and Paroles. In
addition to the six month sentence, Whitworth must serve the remainder of a
five-year sentence on probation and pay a $50,000 fine.
October 12, 2005 Atlanta Journal Constitution
Former state prisons chief Bobby Whitworth seemed upbeat
in June as he appeared before the state Court of Appeals to ask that his felony
conviction for illegally influencing legislation be tossed out. But the
appellate court recently affirmed his conviction. A jury convicted Whitworth in
December 2003 of taking a $75,000 payoff while he was a member of the state
parole board to initiate and push through 2000 legislation that financially
benefited his friend's private probation company. He was ordered to serve six
months behind bars but remains out on bond while appealing the sentence and
conviction.
June 3, 2005 Atlanta Journal-Constitution
Former state prisons chief Bobby Whitworth seemed upbeat
Thursday as he appeared before the state Court of Appeals to ask that his felony
conviction for illegally influencing legislation be tossed out. More than a
dozen relatives and friends came to support Whitworth as defense attorney Jack
Martin argued that the prosecution appeared to be tainted from the outset. A
jury convicted Whitworth in December 2003 of taking a $75,000 payoff while he
was a member of the state parole board to initiate and push through 2000
legislation that financially benefited his friend's private probation company.
He was ordered to serve six months behind bars but remains out on bond while
appealing the sentence and conviction. Martin said special prosecutor J. Tom
Morgan, who had been appointed to the case by Gov. Sonny Perdue, had a hidden
agenda to secure a criminal conviction against Whitworth, once one of Georgia's
most influential state officials. "Mr. Morgan had a bias, an interest, a
stake in the case," Martin argued. Morgan, then-DeKalb district attorney,
was in negotiations for a lucrative job with Balch & Bingham, a law firm
that once had represented Lisa Thompson, the whistle-blower in the case who
testified against Whitworth.
June 2, 2005 Atlanta
Journal-Constitution
Former state prisons chief Bobby Whitworth, once one
of Georgia's most influential state officials, will be back in court today to
ask the state Court of Appeals to toss out his conviction for illegally
influencing legislation. A jury convicted Whitworth in December 2003 of taking a
$75,000 payoff while he was a member of the state parole board to initiate and
push through a 2000 bill that financially benefited a friend's private probation
company. Fulton County Superior Court Judge Alice D. Bonner sentenced Whitworth,
56, to serve six months in the prison system he once oversaw. Whitworth
also was ordered to remain on probation for 4 1/2 years, to perform 100 hours of
community service, and to pay a $50,000 fine and $50 a month in probation
service fees. Whitworth's was the first known
conviction in Georgia under a rare statute that makes it a felony to accept
anything of value in exchange for influencing the passage or defeat of
legislation. Gov. Sonny Perdue appointed then-DeKalb District Attorney J. Tom
Morgan as special attorney general to handle the Whitworth case. Martin alleges
that Morgan had a conflict of interest because he was in negotiations for a
"lucrative job" with Balch & Bingham, a law firm that once had
represented Lisa Thompson, the whistle-blower in the case. Morgan, now in
private practice, accepted a job with the firm after Whitworth's trial.
Whitworth has acknowledged accepting $75,000 from DMS, the private probation
company formerly co-owned by his close friend, Lanson Newsome. But Whitworth
insists the money was for providing guidance and connections to help Newsome
expand DMS into Gwinnett, Clayton and other counties. Prosecutors allege that
the money was a reward for initiating and ensuring the passage of a 2000 bill
that removed misdemeanor offenders from state prison and probation systems and
returned them to individual counties to complete their jail time or probation
stints. Prosecutors contend that the bill was a financial windfall for private
probation companies like DMS that would seek contracts with counties to
provide those services.
January 8, 2004
Former state parole board member Bobby Whitworth was sentenced Thursday to serve
six months in jail and to pay a $50,000 fine. Whitworth was convicted last month
under a corruption statute that makes it a felony crime for a state employee to
accept anything of value in exchange for influencing the passage or defeat of a
bill. Whitworth, 56, a former state corrections commissioner, was
convicted of accepting a $75,000 payoff in March 2000 from a private probation
company to initiate and ensure the adoption of legislative that could
financially benefit the company. (Atlanta Journal-Constitution)
December 19,
2003
Former Gov. Roy Barnes testified Monday he would not have signed legislation had
he known of a business relationship two state officials had with a company that
could benefit from its passage. In a rare court appearance by a sitting or
former Georgia governor, Barnes told Fulton County jurors that he had a policy
against even the appearance of a conflict of interest. He testified in the
public corruption trial of Bobby Whitworth, a former member of the state Board
of Pardons and Paroles. (The Atlanta Journal-Constitution)
December 11,
2003
Prosecutors delivered their final blow Friday to a former state parole board
official on trial for public corruption -- and it was a wallop. The
surprising testimony of the state's final witness prompted defense attorneys to
make repeated requests for a mistrial. Tracy Masters, director of legal
services for the state Board of Pardons and Paroles, testified that defendant
Bobby Whitworth, a former influential parole board member, wasn't forthright
about his business dealings with a private probation company. Masters told
jurors that if he had known all of Whitworth's financial dealings, he would have
told him "it was improper, a direct conflict of interest and was
unlawful." Whitworth, also a former state corrections commissioner,
is charged with accepting money while a state employee in exchange for
influencing legislation. A conviction could bring up to five years in
prison. Prosecutors allege that Whitworth accepted a $75,000 check in
March 2000 from Detention Management Services, a private probation services
company co-owned by a close friend of Whitworth, Lanson Newsome. Legislation
that was considered a windfall for private probation companies such as DMS
passed that same month. On Thursday, a California businessman testified
that Newsome told him Whitworth received $75,000 from DMS to help with the
legislation. On Friday, Masters testified that he drafted the bill at the
request of Whitworth. He also said Newsome sat in on parole board staff meetings
about the bill during the legislative session. Whitworth maintains he is
innocent. He acknowledges taking the $75,000 from DMS but claims the money was
for consultation work unrelated to the legislation. Whitworth, considered
an expert on the corrections system, helped Newsome's firm grow by giving him
guidance and contacts, his attorney, Jack Martin, told jurors. Masters
said then-parole board Chairman Walter Ray and Whitworth came to him for legal
advice in 1999. Ray asked if there was an ethical problem with his helping a
private probation company expand into South Georgia. "I said: 'If you
have been offered this position because of your position on the parole board
. . . I know that is improper and unethical,' " Masters
testified. Masters said Ray assured him that wasn't the case. Masters said
he still cautioned Ray and Whitworth that the arrangement gave the appearance of
a conflict of interest and that such an appearance alone violated an executive
order by the governor. Whitworth asked Masters for legal advice in 2001,
after several news reports questioned why he and Ray were paid consultants for a
private company when they were state employees. Whitworth told Masters he
had been on a retainer to advise DMS and he was supposed to get paid $25,000 a
year, the lawyer testified. Payments stopped when Newsome's business
slowed. Whitworth "told me he wouldn't be paid until the business
sold or the business improved," Masters told jurors. The legislation
brought more business, and Newsome soon sold DMS for $8.2 million.
Whitworth initially said he needed the money to pay his income tax bill, Masters
testified. Whitworth later claimed that Newsome might transfer a lakeside lot to
Whitworth as payment for his services to avoid income taxes, Masters
testified. "He [Whitworth] immediately said: 'I guess from now on I
need to say I was paid the money with intent to use it to purchase a lot,' and
from then on, that was the story," Masters testified. Claiming he had
been "blindsided" by the testimony, Whitworth's attorney bolted from
his seat and asked for a mistrial. Martin claimed prosecutors were accusing
Whitworth of possible income tax evasion or at least "a bad act"
unrelated to this case. Fulton Superior Court Judge Alice D. Bonner told
the jurors to disregard that portion of Masters' testimony, but she didn't
declare a mistrial. The defense will begin calling witnesses Monday.
(The Atlanta Journal-Constitution)
January 5, 2003
If the former head of Georgia's prison system is sentenced to do time, he
probably won't spend it behind the bars of a state institution. Bobby
Whitworth was convicted Wednesday by a Fulton County jury of using his position
as a member of the state parole board to influence the passage of legislation in
exchange for $75,000. Whitworth's sentencing on the felony charge is scheduled
for Jan. 8. He could be sentenced to up to five years in prison. Whitworth
worked for the Corrections Department for 20 years, and was commissioner from
1990 to 1993. (The Atlanta Journal-Constitution)
September 26, 2003
A Gwinnett County grand jury indicted former state parole board member Bobby
Whitworth on Thursday on two felony counts of influencing another state official
in exchange for money, according to court records. Whitworth is accused of
attempting to influence action by Orlando Martinez and Ronnie Lane, who in 1999
were, respectively, commissioner and deputy commissioner of the Department of
Juvenile Justice. Whitworth -- who was then a member of the Board of Pardons and
Paroles -- allegedly tried to get Martinez and Lane to prevent a juvenile
detention facility in Ocilla from closing. Whitworth was a paid consultant for
the Bobby Ross Group, a company that had a contract to operate the South Georgia
facility. The Ocilla center was eventually turned into a facility for
adult parolees, and was closed in 2002. Jack Martin, Whitworth's attorney,
said Thursday his client expected the indictments. "We're anxious to get in
court and present our case, and we believe the charges are totally unfounded and
when all the facts are considered he will be cleared." Whitworth also
faces one felony count in Fulton County. On Thursday, he pleaded not guilty to
attempting to influence legislation in exchange for money. In that case,
Whitworth is accused of using his position on the parole board to influence
passage of legislation in 2000 that financially benefited Detention Management
Services, a company from which Whitworth had accepted consulting fees.
(The Atlanta-Journal Constitution)
July 27, 2003
Bobby Whitworth, who spent nearly three decades keeping Georgia's convicted
criminals behind bars order deciding which ones could go home early, was
indicted Friday on a felony charge of public corruption. Whitworth, as
commissioner of the Georgia Department of Corrections and later a member of the
state Board of Pardons and Paroles, earned a reputation as one of the most
powerful and knowledgeable figures in the corrections industry. It is the
first time a parole board member or Corrections commissioner has been charged
with a felony related to his duties, according to spokesmen for each
agency. Whitworth, 56, turned himself in and was booked into the Fulton
County Jail at 2:41 p.m. Friday, just a few hours after special prosecutor J.
Tom Morgan secured an indictment from a county grand jury. Whitworth was
released about 5 p.m. on $5,000 bond, according to Lt. Clarence Huber of the
Fulton Sheriff's Office. If convicted, Whitworth could spend as long as
five years in the prison system he once oversaw. Whitworth's attorney,
Jack Martin, said the charge against his client is "false" and that
Whitworth is looking forward to a trial to be cleared. The felony charge
follows a lengthy corruption investigation into the actions of Whitworth and
former Board of Pardons and Paroles Chairman Walter Ray. Both resigned in
June 2002 after widespread publicity about the investigation. Morgan did not
seek an indictment against Ray, a former state senator from Coffee County. Ray
cooperated in the case and will testify for the prosecution in Whitworth's
trial, Morgan said. The prosecutor said he determined that Ray broke no
laws. "We did not find any evidence that Walter Ray was guilty of a
crime," Morgan said. The prosecutor also said the investigation of
Whitworth is continuing. "There could be charges pending in other counties
as well," he said. Fees questioned Whitworth, whose
career in state government spanned almost 30 years, is accused of violating a
Georgia statute related to the conduct of state employees, said Morgan, who is
DeKalb County district attorney. He was appointed in April by Gov. Sonny
Perdueto investigate the case. The law prohibits state employees and state
officials from taking money to influence the approval or defeat of
legislation. Morgan told the grand jury that Whitworth used his position
to illegally influence the adoption of a bill that could have financially
benefited Detention Management Services, a company from which Whitworth accepted
consulting fees. Whitworth accepted $75,000 from DMS the day before the
state Senate passed the bill, Morgan said. The company was owned by Lanson
Newsome, a friend and former Corrections deputy commissioner under Whitworth.
Newsome is not under investigation because making such payments is not illegal,
Morgan said. The legislation "did nothing for the Pardons and Paroles
Board, but DMS profited tremendously from the passage of this," Morgan
said. He noted the company was sold later for $8.2 million. The
legislation turned over supervision of thousands of probationers to private
companies, such as DMS. Whitworth allegedly had instructed parole staffers to
lobby for it. "Bobby has never accepted a dime in order to influence
anyone in state government," said Martin, his attorney. "All he ever
did was urge what he thought was best for the state, and more often than not he
was right." Martin said Whitworth has acknowledged accepting
consulting fees from DMS and the Bobby Ross Group, a private prison company
based in Texas. But the payments were for Whitworth's vast knowledge of the
state's corrections system, not for help in winning enactment of laws favorable
to the companies, Martin said. "Bobby Whitworth is recognized
nationally as an expert in corrections and prisons," Martin said.
"Private companies have retained him to get his expertise and to have the
credibility of his experience on their letterhead." Martin said
prosecutors offered Whitworth a plea deal but that Whitworth turned it down
because he felt strongly he had not committed any crime. Martin would not
discuss details of the offer but characterized it as a "more than
acceptable deal" if Whitworth had committed the crime. According to
several persons familiar with the deal, it would have allowed Whitworth to avoid
a prison sentence by paying a $50,000 fine and serving five years'
probation. Arrangement defended Martin said Whitworth had
checked with parole board attorneys before entering into the consulting
arrangement and that they had advised him it was legal, because the two
companies had no contracts with the parole board. In an interview last year,
Tracy Masters, director of legal services for the parole board, said, "I
did not know which companies they were working for and who the managers of those
companies were. I had no idea Lanson Newsome was involved in it."
Martin described Whitworth on Friday as "upset, confused, angry and ready
to have his day in court." Allegations of corruption at Pardons and
Paroles arose in the summer of 2001, when the board's legislative liaison, Lisa
Phillips Thompson, told then-Gov. Roy Barnes of possible wrongdoing. The parole
board decides which of Georgia's 47,000 prison inmates are released early. The
board also is the sole authority in Georgia that can commute a death
sentence. Thompson was married at the time to Barnes' Senate floor leader
and childhood friend, Sen. Steve Thompson (D-Powder Springs). She told
Barnes that Ray had accepted thousands of dollars from Newsome shortly after she
and other parole board staff members were instructed to lobby for a bill that
was a potential windfall for private probation companies, including
Newsome's. 'Whistle-blower' lauded Whitworth eventually
acknowledged receiving $75,000 from DMS and $135,000 over five years from the
Bobby Ross Group, while Ray said he got $24,500 from Newsome over four
years. On Friday, Morgan commended Thompson for being the
"whistle-blower" who started the investigation. "If she had not
come forward with information, state officials would never have known about
this," he said. Thompson said Friday she had mixed feelings about the
indictment. "I was damaged by this, both personally and
professionally," she said. "While I'm fine now, I'm very sad to see
this happen, especially to someone I've known for so many years. But I did my
legal constitutional duty in reporting what I knew to Governor Barnes and his
chief of staff, Bobby Kahn. At that point, it was out of my hands."
Kahn said Friday the government had done what it had to do. "Our goal from
the start was to make sure this was handled in a proper manner," Kahn said.
"I hate to see anybody undergo legal troubles, but if that's what's
required, that's what's required." Attorney General Thurbert Baker
declined comment Friday. "It would be inappropriate for us to comment
because our office has recused itself from this investigation," his
spokesman said. Baker stepped aside last year after it was alleged that his
office had sought to destroy evidence of improper contact with the parole board
on behalf of an inmate. Barnes then appointed Coweta Judicial Circuit
District Attorney Pete Skandalakis as special prosecutor to take over the
investigation. Skandalakis eventually cleared Baker of any wrongdoing. Pension
not at risk Whitworth began his corrections career in 1973 with the
department's Farm Services division. He became commissioner of the Georgia
Department of Corrections in 1990, but then-Gov. Zell Miller removed him from
that job in 1993 over the handling of a women's prison sex scandal. Miller
appointed him to the paroles board. Whitworth recently started drawing an
annual pension of $104,400. State law terminates pension payments to any
employee hired after July 1, 1985, who commits a felony related to his duties.
Whitworth's service began in 1973, according to the state retirement system, so
his pension would be unaffected if he were convicted. In an interview in
April 2002, Miller praised Whitworth for how he dealt with prison overcrowding
during a budget-breaking recession. "Bobby Whitworth had the
knowledge and the ability that no one else had at that time to figure future
prison space accurately," said Miller, now a U.S. senator. "He had a
very good ability to figure exactly what you could do with the space you had. It
helped me, it helped Georgia, and it helped the system over some very rough
spots." (The Atlanta Journal-Constitution)
June 14, 2002
The two most
influential members of the state
Board of Pardons and Paroles resigned Thursday
as Gov. Roy Barnes appointed a special prosecutor
to investigate them -- as well as Attorney General
Thurbert Baker.
Barnes
named Coweta County District Attorney
Pete Skandalakis the special prosecutor whose job
will be to untangle a budding -- and complicated --
election year scandal that includes allegations of
trading influence for money.
Parole
board Chairman Walter Ray and member Bobby Whitworth
are under
investigation for allegedly lobbying the Legislature on behalf
of a private probation
company that had paid them tens of thousands of dollars in
consulting
fees. Ray
and Whitworth have acknowledged they were paid consultants
for Detention
Management Services, which supervises offenders sentenced to
probation for
misdemeanors.
Two
years ago, the Legislature enacted a law shifting
responsibility for managing
misdemeanor offenders from the state to local governments, a
step some said would
help companies such as Detention Management Services. Ray and
Whitworth deny
they personally pressed legislators for the change.
Ray
was appointed to the board by Gov. Zell Miller in 1996 and
had been chairman
since 1997. A former state trooper, Ray was a state senator
for 12 years and had
risen to president pro tem of the state Senate.
Whitworth,
said to have the most influence on the board, was
appointed in 1993 by
Miller. Before that, he had been head of the state prison
system. (The Atlanta Journal)
June 14, 2002
The state's investigation of two top parole officials began last August
following reports that a firm in the corrections business paid the men tens of
thousands of dollars in consulting fees. Parole board member Bobby
Whitworth and Chairman Walter Ray. Both men acknowledge they were paid nearly
$100,000 between them as consultants to a private probation company, Detention
Management Services. Whitworth said he received a lump-sum payment of $75,000,
and Ray said he was paid $24,500 over a four-year period. Whitworth and Ray
said they were paid to help Detention Management drum up business to supervise
minor offenders sentenced to probation in city and county court systems around
the state. They say they had no conflict of interest because DMS was working
with probationers and not parolees. But, during the same period that the two
men were working for DMS, lobbyists for the parole board were pushing a bill in
the state Legislature that shifted responsibility for supervising all
misdemeanor offenders in Georgia to those same city and county courts. The 2000
law reduced state probation officers' caseloads and created a windfall of
business opportunities for DMS and other private probation companies. (The
Atlanta Journal)
April 12, 2002
One day after a newspaper series reported allegations of corruption at
Georgia's parole board, two Athens parole officers showed up at the home of
James "Tommy" Morris with a "message" for the former board
chairman. Morris, quoted in the articles as saying the board should be
"cleaned up or abolished," was no longer welcome to stop by the parole
office near his home outside Athens. The order had come down through a chain of
command that started with top parole officials in Atlanta. "I guess it was
just to show their displeasure with him," said David McCranie, chief of the
Athens district parole office, who was ordered Tuesday to deliver the message.
Morris, who retired in 1995, had served 22 years on the parole board and was
elected chairman three times. He called the move "childish" and a
"knee-jerk reaction by some emotional people." "It just gave me a
feeling that they're sending a Scud missile out and they're directing it to
me," he said. "They blame me for picking up where Lisa Thompson left
off." Last summer, Thompson, a former member of the parole agency's inner
circle, went to the governor with allegations of wrongdoing by board members
Bobby Whitworth and Chairman Walter Ray. The five-member board decides which
inmates can leave prison early. Thompson's allegations, which surfaced during an
employee dispute, have led to an eight-month criminal investigation by the
attorney general. Investigators are looking into whether Whitworth and Ray
illegally influenced legislation for payment or broke the law when they accepted
tens of thousands of dollars in consulting fees from private companies doing
criminal justice business. Whitworth and Ray deny doing anything wrong. (The
Atlanta Journal-Constitution)
April 8, 2002
Eleven years ago, Gov. Zell Miller publicly berated Bobby Whitworth for
hiring his son Chris to work in the Department of Corrections. "Nepotism
should be stopped, and it should be stopped by department heads," Miller
said in 1991, railing against "family trees" and threatening to fire
anyone who hired relatives. Commissioner Whitworth promptly fired his boy. But
with no laws against nepotism in Georgia and few other restrictions on hiring,
Whitworth and other members of the Georgia parole board continue to dole out
jobs and contracts to friends, relatives and legislators. Whitworth may have
fired his son Chris a decade ago, but today his son Kenny earns more than
$62,000 a year managing the unit that oversees parole's electronic monitoring
program. Just as the Department of Corrections under Whitworth was called the
"department of connections," the Board of Pardons and Paroles could
become known as "pardons and payrolls." Among those on the board's
payroll have been the House speaker's grandson, the son of a secretary for Gov.
Roy Barnes, the daughter of the former House Rules Committee chairman, the wife
of a state agency head, former parole board members, former legislators, a
gospel singer and a wrestler. "It's a conflict of interest, pure and
simple," said Emmet Bondurant, a prominent Atlanta attorney on the board
of Common Cause of Georgia, a government watchdog group. "The public can
never have confidence that contracts or jobs are being awarded on merit if
they're going out to friends and relatives of those in the position to
influence the decision-making process." In 1983, as lieutenant governor,
Miller tried to pass an anti-nepotism law. But no such law exists today, nor
does the state's merit system have guidelines prohibiting nepotism. Georgia is
one of seven state governments without restrictions on nepotism, according to a
study published in the State and Local Government Review. The hiring of friends
and relatives is so ingrained in Georgia's political landscape that lawmakers
have resisted change, Bondurant said. "It's hard to think there would be
many states worse than here." (The Atlanta Journal-Constitution)
April 7, 2002
Charges of corruption and cronyism have enveloped Georgia's parole board.
Critics accuse some board members of lining their pockets through private
contracts and turning the agency into a political dumping ground. At the center
of an eight-month criminal investigation is Bobby Whitworth, a member of the
Georgia Board of Pardons and Paroles. He was also a commissioner of Georgia's
Department of Corrections for four years. In 1993 Gov. Zell Miller forced him
out of his corrections job over his handling of a prison sex scandal, then
immediately appointed him to the five-member parole board. Also under
investigation is Walter Ray, the parole board's current chairman. Although Ray
holds the top title, Whitworth runs the board, observers say. Whitworth and Ray
admit they accepted tens of thousands of dollars from Lanson Newsome, a former
Corrections deputy commissioner and friend of Whitworth's who made millions in
the sale of his private probation business. Investigators want to know whether
the two board members were paid to influence passage of a law that would
benefit Newsome's company. If they were, they could face up to five years in
prison. Under the 2000 law, the state turned over supervision of thousands of
misdemeanor probationers to private companies, creating a potential windfall
for companies such as Newsome's Detention Management Services Inc. The attorney
general and the Georgia Bureau of Investigation also are looking into:
Whitworth's contract with the Bobby Ross Group, a Texas-based private prison
company that paid him more than $135,000 in consulting fees between 1996 and
2001. Whitworth also earns a state salary of $111,509 a year. A $26,000
contract awarded by the board to the wife of the lobbyist for the Bobby Ross
Group. It was given to the wife's company while Whitworth was being paid
consulting fees by the Bobby Ross Group. The contract was awarded with no
competitive bids. Another part of the state's investigation has been devoted to
unraveling a proposal championed by Whitworth and Ray to create a new agency
that would combine probation and parole. The governor's chief of staff and
others say the new agency is Whitworth's brainchild. Given the trend toward
privatizing, a new superagency could be a gold mine for private companies able
to secure contracts with the state. It all started to unravel with a woman
scorned. Few couples in Georgia politics were as powerful and connected as Sen.
Steve Thompson (D-Powder Springs) and his wife, Lisa Phillips Thompson. He's
the governor's Senate floor leader and Barnes' childhood friend. She ascended
to the parole board's inner circle as its legislative liaison for the last six
years. Barnes was in their wedding. The Thompsons spent Christmas Eves with the
first couple. Until last year. That's when Lisa Thompson went from golden girl
to whistle-blower. She told her story to the governor, news reporters and
ultimately the deputy attorney general. According to Bowers, her lawyer,
Thompson believed she was being pushed out of her job because she and her
husband were planning to divorce. She hired Bowers to fight for her job.
"They were trying to capitalize on her relationship with a prominent
legislator to do her duties as the legislative liaison for the board,"
Bowers says. But the employee dispute also prompted her to tell the governor
and his staff of alleged wrongdoing at the parole board, stemming from lobbying
work the year before. During the 2000 session, Thompson had lobbied hard for
the private probation bill --- a top priority of Whitworth's and Ray's, she has
said. The idea was to reduce state probation officers' caseloads by shifting
supervision of misdemeanor offenders to private companies contracted by cities
and counties. But probation is under the control of the Department of
Corrections, not the parole board, so Thompson questioned why the board was
pushing the bill with such determination. Tracy Masters, attorney for the
parole board, says that in early 2000, Whitworth asked him to draft a bill to
remove misdemeanor offenders from state probation and from prison beds.
Whitworth told Masters to consult with a former Corrections staff member who
was experienced in writing legislation. "I initiated the call because
Bobby Whitworth had asked me to draft a bill to that extent," Masters
says. Shortly afterward, Bowers says, Thompson learned Newsome had been paying
Ray while she and other parole board staff had been lobbying for a bill that
opened new markets to Newsome's company. In interviews last summer with WSB-TV
and WAGA-TV, Ray admitted Newsome had paid him $11,000 over two years to drum
up business for his probation company with local officials. Ray now says he
received $24,500 over four years. Whitworth acknowledged he had received a lump
sum of $75,000 from Newsome for the same services. Both argue there was no
conflict because Newsome's business had nothing to do with parole. And they
point to a 1997 law that made it legal for parole board members to hold outside
jobs that don't conflict with their official duties. That law was Whitworth's
idea. He says he pushed for it to protect board members and parole officers who
held outside jobs. But he also says that by fall 1996, he had begun accepting
$1,000-a-month payments from Newsome and $3,000 a month from the Bobby Ross
Group --- months before the new law passed. Personal relationships
have always been the mainstay of Georgia politics. With no nepotism laws,
friends or relatives often work in high places, courtesy of their father the
legislator or their friend the governor. And because of weak ethics laws, doing
business in Georgia often means steering lucrative state contracts to friends.
After helping Orlando Martinez get appointed to run Juvenile Justice, Whitworth
lobbied hard to get him to continue doing business with the Bobby Ross Group.
At the time Martinez took over, the Bobby Ross Group had a sizable contract to
run a juvenile detention facility in Ocilla. Martinez had decided to cancel it
for a number of reasons. Whitworth was then a consultant for Bobby Ross. But
whether or not Whitworth broke the law, his actions were unethical, says Robert
Pastor, chairman of Common Cause of Georgia, a government watchdog group. And
if they're not illegal, "the law should be changed," Pastor says.
"That kind of activity is completely inappropriate, even if his private
activities only indirectly related to his official role," Pastor says.
Whitworth should have known better, says Morris, a board member for more than
22 years. "What's legal and what's right isn't always in concert," he
says, "but . . .any logical human being would know that what he was doing
was wrong." Both Whitworth and Ray say they cleared all their consulting
contracts with their department's lawyer. Masters, director of legal services,
says he discussed with them the types of arrangements that would be legal, but
not specific contracts. (The Atlanta Journal-Constitution)
September 5,
2001
An investigation into alleged improprieties at the state Board of Pardons and
Paroles has expanded to include a review of a contract for testing
services. Officials are looking into whether the deal --- a one-year pilot
program that was not extended --- benefited the wife of a business associate and
friend of board member Bobby Whitworth. Career Mappers Inc. sold the
testing program to the parole board after Dotty Edwards of Spartanburg, S.C.,
introduced the company's executive to state officials, Browning said.
Edward's husband, former South Carolina state Rep. T.W. Edwards Jr., is
registered to lobby the Georgia General Assembly for the Bobby Ross Group or BRG,
a company that operates private prisons. The company also has employed
Whitworth as a consultant. Whitworth's connections to BRG are under
investigation by the attorney general's office and the Georgia Bureau of
investigation. Authorities are looking into $100,000 that Whitworth
reportedly accepted from the firm for monitoring its privately run prisons in
Texas. The investigation also centers on payments that Whitworth and
Walter Ray, parole board chairman, accepted from Detention Management Services,
which had a contract to supervise people sentenced to probation for
misdemeanors. Whitworth has said he received $75,000 for three years of
work for DMS; Ray said his fees totaled $11,000 for two years of work.
Both Whitworth and Ray have denied wrongdoing. (The Atlanta Journal and
Constitution)
July 26, 2001
Georgia's attorney
general is looking into consulting contracts two state
Pardons and Parole Board members had with private security companies to
determine if there was a conflict of interest or ethics laws were broken,
officials said Wednesday.
Russell Willard, a spokesman for Attorney General Thurbert Baker, would not
characterize the inquiry as an investigation. "There are a number of
allegations
out there and we are looking at those allegations," he said. In a
case that has prompted calls for stronger state ethics laws, Parole
Board Chairman Walter Ray and board member Bobby Whitworth acknowledged this
month that they had been paid consultants for the probation company Detention
Management Services, which was sold last year to a firm with state
contracts. Ray, paid $11,000 over two years, and Whitworth, paid $75,000
for three
years
of work, said their job was to introduce DMS owner Lanson Newsome to local
government officials in hopes they would hire the company to supervise
misdemeanor offenders sentenced to probation.
Criticism centered on allegations Ray and Whitworth pushed for a change in
state law that could help companies like DMS. Last year, the Legislature
shifted
supervision of misdemeanor offenders on probation from the state to local
governments. Ray and Whitworth said they never personally lobbied for the
change
--- though employees of their agency did. Parole Board lobbyists said the
change
would reduce the agency's supervisory caseload.
But critics noted the change would provide business for private security
companies like DMS and the national firm that bought it, which were securing
contracts with Georgia cities and counties that became responsible for
incarcerating the prisoners. (The Atlanta Journal and Constitution)
July 10, 2001
A state official admitted to receiving more than $200, 000 from two government
contractors who do business in the criminal justice arena. Bobby
Whitworth, a member of Georgia's Board of Pardons and Paroles, told WSB-TV on
Monday he was within the law when he was hired as a consultant by Detention
Management Services and the Bobby Ross Group. The board of Pardons and
Paroles decides when to release certain offenders from confinement after they
have served part of a prison sentence. Whitworth said the company did no
state business, but he acknowledged lobbying as a board member for a law that
might have created more work for companies like DMS. The Bobby Ross Group
operates three juvenile facilities in Georgia. The mission of the company
is changing to a parole revocation center. Walter Ray, the chair of the
state board of Pardons and Paroles, acknowledged on WSB-TV Tuesday that he too,
received money from the government contractors. However, Jeff Davis,
executive director of Georgia Common Cause, said he has a problem with it.
"When public officials accept money from private companies and then use
their political power to lobby for action or legislation that ends up benefiting
those companies - that raises the appearance of propriety," Davis
said. (AP)
Georgia
Department of Corrections
December 1, 2005 Cedartown Standard
At a meeting with state Sen. Bill Heath and state Rep. Bill Cummings, county
commissioners expressed concerns over proposed legislation that would expand the
power of inverse condemnation. Commissioners also voiced their concerns over
state funding for prisoners housed in county jails. A number of state prisoners
are held in county jails while waiting transfer to state facilities. Currently,
the state reimburses counties $20 per day per prisoner. Chairman Croker said
that the state pays private prisons $45 per day per prisoner. He also said the
cost per day for the county is more than the $20 reimbursed. He suggested the
state increase reimbursement for the counties.
February 14, 2005 Macon Telegraph
The Georgia Department of Corrections plans to cut the
number of its employees monitoring the state's three private prisons on site
from three to one. State
prison officials said the move will be made in a couple of weeks to cut costs.
They said experience with the prisons has led them to believe that monitoring
levels can be safely cut. A
single contract monitor, a mid-level managerial position, will monitor the three
prisons in the future to ensure that sanitation, safety and security are up to
state contract standards. Monitors' logs were compiled in a 2000 state report
that documented a number of problems at the three prisons. Company officials at
the time described the problems as routine startup difficulties.
September 6, 2003
A top Georgia prison executive resigned Friday after making disparaging remarks
about another public safety official at a meeting of wardens. James Doctor
worked for the Department of Corrections for 29 years. As director of the
department's facilities division, Doctor supervised about two-thirds of the
department's employees, including all wardens and officers at the state's 39
prisons. Bud Black, a member of the state Public Safety Board -- which
oversees the Georgia State Patrol and the Georgia Bureau of Investigation --
said he was told Doctor made disparaging remarks about him Wednesday during a
monthly meeting of the state's prison wardens. Doctor acknowledged
Thursday that he told the wardens he had no respect for Black, but he said he
felt he had nothing to apologize for. Doctor could not be reached for comment
Friday. Joe Ferrero, acting commissioner of the Corrections Department,
said he accepted Doctor's resignation Friday morning. The resignation
"stems from comments at a managers' meeting I find unacceptable for a
senior manager of our department," Ferrero said. Acting Assistant
Commissioner Alan Adams has been placed in charge of the department's facilities
division, Ferrero said. Black said Friday that he thinks the department
was right to accept Doctor's resignation. "You hate to see something like
that happen," he said. "But I don't think they had any other
choice." Before Doctor convened the meeting with the wardens in
Forsyth, Black, who once worked for the Corrections Department, went in to greet
some of the people he had once worked with. After Black left, Doctor questioned
Black's ethics and made other disparaging remarks about him, Black said.
After leaving Corrections, Black started a private probation company with Lanson
Newsome, also a former Corrections executive. Bobby Whitworth, as a member
of the state parole board and former Corrections commissioner, has been indicted
for allegedly taking money to influence legislation that would have been a major
financial windfall for companies such as Newsome's and Black's Detention
Management Services. Neither Newsome nor Black has been accused of
wrongdoing. (The Atlanta-Constitution)
Georgia
Legislature
January 18, 2006 Savanna Morning News
The state should be able to remove all its prisoners from county jails within
the next six months, Corrections Commissioner James Donald said Wednesday during
the last day of budget hearings at the Capitol. It wasn't clear whether Donald's
comments would defuse the issue of county jails housing a backlog of state
prisoners, or even if he would be able to meet the goal. And Donald conceded
that new measures, such as a proposal to toughen penalties on sexual predators,
could complicate his plan. But Sen. Regina Thomas, a Savannah Democrat who has
introduced a bill to raise the fees paid to counties, said Donald's plan
wouldn't solve the current problem. "It's not going to happen tomorrow, and the
counties are still suffering," she said. Thomas also blasted the governor's
budget for including increases in the amount the state pays to private prisons
to cover inflation. During Donald's presentation to members of a joint meeting
of the House and Senate budget-writing committees, Thomas pointed out that the
private prisons already receive larger payments than county jails even without
the increases.
February 13, 2005 Atlanta Journal-Constitution
A year ago they would have made a formidable
legislative caucus: the chairman of the House Budget Committee, the House
majority leader, a floor leader for Gov. Sonny Perdue and two Senate committee
chairmen. But weeks after leaving office, they're now on the lobbyist side of
the velvet rope that separates lawmakers and the people paid to influence them
at the Capitol. They represent cities, hospitals, gas companies, high-tech
firms, bikers and pay-day loan businesses. The revolving door of ex-lawmakers
immediately becoming lobbyists has long been criticized in Atlanta, as it has
been in Washington, where former Georgia Sen. Zell Miller announced even before
he left office that he was joining a law firm with extensive lobbying interests.
But this year, with his fellow Republicans in charge of the Legislature, Perdue
is convinced that the climate is finally right to require a cooling-off period
for lawmakers wanting to become lobbyists. The governor is pushing an ethics
bill that would make legislators wait at least a year before returning to the
Capitol as lobbyists. Government
watchdog groups such as Common Cause prefer two years. "The
transition from legislator to lobbyist is just too cozy right now," said
Rep. Mary Margaret Oliver of Decatur, who has authored several Democratic
ethics-in-government bills this year. "To use your public service job to
further your post-legislative opportunities for financial gain is not in the
public's interest." The revolving door has been spinning for years, and it
was no different after last November's elections. Former Sen. Dan Lee of
LaGrange, who pushed Perdue's ethics package last year as his Senate floor
leader, was invited to become a lobbyist about a month after losing his
Republican primary race in July. Now Lee and the law firm he joined represent
Corrections Corporation of America, which builds and leases prisons to
government; the Georgia Academy of Family Physicians; Infrastructure Corporation
of America, which maintains highways; Motorola; and MHM Services, which provides
mental health services to Georgia prison inmates. "I
personally don't see anything wrong with it," said Lee, who added that most
of his law practice over the years has involved doing work for governments.
January 14, 2005 Atlanta
Journal-Constitution
The Republican revolution is sweeping the third-floor
hallways of the state Capitol, where big-money lobbyists compete for the minds,
hearts and ears of the General Assembly. With
Republicans in |