Victor Valley Medium Community Correctional Facility, Adelanto,
California
April 23, 2008 Bakersfield
Californian
A Bakersfield businessman lost one part of a
two-year legal battle with California prison officials recently when a
state appellate court affirmed a lower court’s rulings and ordered him
to pay the state’s legal costs. Terry Moreland, a developer who
previously ran a private prison in San Bernardino County, tangled
unsuccessfully with corrections officials over proceeds from inmate
phone calls. The scuffle prompted the former head of the California
Department of Corrections and Rehabilitation in June 2004 to write a
letter accusing Moreland, through his company Maranatha Corrections LLC,
of misappropriating more than $1 million worth of phone call funds. The
letter was later released to media outlets. Moreland, in turn, sued the
department for libel and defamation, saying the published accusations
hurt his reputation and business. Moreland’s attorney, George C. Harris
of San Francisco firm Morrison & Foerster, said the appellate court’s
decision only affects one aspect of the case: whether the state defamed
his client. The basic case alleging that the state breached its
contract, Harris said, will continue at the trial court level. I FOUGHT
THE LAW AND ... Moreland now owes the state more than $71,000 in legal
costs for the original case and the appeal, documents recorded earlier
this month in Sacramento Superior Court show. The state’s defense was
conducted by lawyers in the office of the California Attorney General.
The state lawyers invoked a statute meant to protect free speech of
state government executives and others in issues of public interest. The
statute can require people who sue for defamation to pay legal fees if
they lose. Application of the so-called “anti-SLAPP” motion, which
stands for “strategic lawsuit against public participation,” was
unanimously affirmed by the 3rd District Appellate Court’s opinion
published in January. The three justices in the Sacramento appellate
court agreed with the trial court that the former corrections chief,
Jeanne S. Woodford, acted as a government executive in a matter of
public interest — $1.6 million worth of disputed phone call revenue —
when ending Maranatha’s contract through her letter. “We conclude the
trial court got it right on all counts and shall affirm the orders,” the
opinion says. The dispute over the phone call revenue, at least in part,
cost Moreland the $8.1 million annual contract for his 500-bed Victor
Valley Modified Community Correctional Facility, a medium-security
prison in Adelanto. Moreland also resisted the state’s push to audit the
phone funds to see how they were being spent, archived news stories
show. Moreland said he wasn’t an agent of the state. He sold the
facility in 2005. Whether the state had claim to the phone money wasn’t
addressed by the trial or appellate courts, nor was it decided by a
November 2004 report by the state Office of the Inspector General. The
inspector general found Maranatha and affiliates collected $1.6 million
worth of the inmate phone money between 1997 and 2004. Deciding who got
to keep the money was outside the scope of its investigation, the report
said, but inspectors advised corrections officials to be more specific
in future contracts.February 23, 2007 Inland Valley Daily Bulletin
A lobbyist involved in San Bernardino County's controversial
purchase of a private jail received a "substantial commission" on the
deal, a former official of the corrections company has told District
Attorney's investigators. The allegation contradicts prior statements by
the jail's former owner, Terry Moreland, and the lobbyist, Brett
Granlund, that no commission was paid on the jail's $31.2 million sale
price. Jim Hackleman, the county's assistant district attorney, said
that even if Granlund hid the commission, there would be no immediate
legal issue as Granlund is not a public official and was not under oath.
"If the bottom line is that he received a commission and lied to us
about it, while disappointing, that would not be a criminal offense,"
Hackleman said. The district attorney's public integrity unit closed its
investigation into the jail's purchase in April, and the new allegation
is not enough to warrant reopening it, he said. County spokesman David
Wert said Thursday that whether Granlund's involvement had no effect on
the county's decision to buy the Maranatha Corrections Facility. "That
prison was a sound financial decision, and a sound decision in terms of
public service," he said, noting that the county's appraisal of the
property showed the county had gotten its money's worth.
September 16, 2006 San Bernardino County Sun
Twice in less than two months, top-ranking San Bernardino County
officials have dismissed their own attorneys' conclusions of unethical
behavior and misconduct in county affairs. The two attorneys, Geoff
Hopper and Leonard Gumport, have both worked for the county for years
and previously earned high praise for their work. Gumport unraveled the
county's 1990s bribery scandals, and was invited back to investigate
allegations of misconduct in county land deals. Hopper was hired to
protect the county from more than a dozen lawsuits from former county
employees. In separate matters, both attorneys determined that
individuals obligated to act in the county's interest failed to do so.
In a series of leaked memos in July, Hopper alleged that the chairman of
the county Board of Supervisors, Bill Postmus, tried to undercut the
county's own legal defense in a lawsuit brought by a former employee.
The plaintiff, Elizabeth Sanchez, resigned after disclosing that she was
romantically involved with Jim Erwin, an ally of Postmus and the
then-president of the county's public safety employees union.
August 7, 2006 San Bernardino County Sun
The president and founder of a lobbying firm under scrutiny for one of
its lobbyists' role in San Bernardino County's purchase of a High Desert
jail said Friday that his firm has done nothing wrong. According to a
county investigation report released last week, the firm's lobbyist,
former Assemblyman Brett Granlund, R-Yucaipa, pressed for the county to
buy the Maranatha Correctional Facility in Adelanto without disclosing
to top county officials that in addition to representing the county,
Granlund also represented the jail's owner. The investigation, conducted
by Los Angeles attorney Leonard Gumport, found no evidence that Granlund
earned a commission in the jail deal but concluded he had acted
inappropriately. Darius Anderson, an executive at Granlund's firm,
Platinum Advisors, said Friday that although he hadn't read Gumport's
report, he had seen a summary. "I'm extremely upset," Anderson said
Friday. "First of all, it has now been shown Mr. Gumport never talked to
the county's legislative director. It isn't like we were trying to hide
the ball on this. I think it's slanderous." Since Gumport completed his
investigation in October, county officials have determined that Platinum
had alerted the county to the contract with the jail owner, but the
information never made it to top county leaders. In a Jan. 10 letter,
the county's former director of legislative affairs, Jim Wiltshire, said
Platinum had informed him of its contract with Maranatha. "To
specifically address this single issue, I want to be on the record that
I was fully aware that the private-prison owners in Adelanto had engaged
the services (sic) Platinum Advisors," Wiltshire wrote. The letter was
addressed to County Administrative Officer Mark Uffer and copied to
Board of Supervisors Chairman Bill Postmus and to Platinum Advisors.
Before Wiltshire became the county's director of legislative affairs, he
had been a registered lobbyist for the county since June 1999, according
to the letter. Gumport's reports focus in part on Granlund and his role
as a consultant for Maranatha and its owner, Terry Moreland, at the same
time he represented San Bernardino County as a lobbyist. Granlund's
input was a factor in the county's $43 million lease and $28 million
purchase of the Maranatha facility, Gumport concluded.
August 1, 2006 Press Enterprise
San Bernardino County supervisors Tuesday released two confidential
investigative reports into the county's $28 million deal for a private
jail in Adelanto and the purchase of former county land by a
supervisor's former top aide. Supervisors waived their attorney-client
privilege and made public the reports by Los Angeles attorney Leonard
Gumport, a reversal of a decision in January to keep them secret.
Supervisors released the reports after learning the district attorney's
office no longer needed them for its ongoing investigations. Gumport was
charged with determining whether Jim Foster, the former chief of staff
to Supervisor Dennis Hansberger, violated policy when he purchased a
small piece of former surplus county land and whether lobbyist Brett
Granlund participated in jail negotiations and inappropriately benefited
from the deal. Top county officials Tuesday were quick to take issue
with Gumport's findings on the jail. County Administrative Officer Mark
Uffer released a point-by-point rebuttal to Gumport's jail report and
questioned why Gumport inquired about issues beyond his original
assignment. Board of Supervisors Chairman Bill Postmus said in a
statement he was disappointed that the jail report "wandered so
significantly from its specific purpose." Postmus said the 700-bed jail
was critical in easing jail overcrowding. Gumport declined on Tuesday to
comment. In his jail report, Gumport found Granlund violated a lobbying
contract by not informing the county in writing that he also represented
the jail's owner, Maranatha Corrections. Granlund is a former Republican
assemblyman from Yucaipa who now works for Platinum Advisors, the
county's Sacramento lobbyist. The contract violations likely influenced
the county's decision to buy the jail despite a moldy condition and the
lack of an "as is" appraisal, Gumport concludes in the 105-page report.
Granlund encouraged county officials to buy the jail, but Gumport found
no evidence that he benefited financially. In his response, Uffer said
Granlund had contact with county officials but never with those actually
negotiating the specifics of the purchase. While Granlund did not inform
the county in writing about working for the jail owner, he did tell
former legislative affairs director Jim Wiltshire, who waived the
written requirement, Uffer said. Uffer said appraisals are not typically
done on leases, which the county initially planned for the jail, and the
mold was well known and easily removed. Hansberger, long a critic of
Granlund's involvement, said Tuesday he has never been opposed to the
jail and issues such as mold have been corrected. Still, he said the
county's process to buy the jail appeared rushed and there was an
attempt to gloss over some deficiencies. Granlund said Tuesday that
county taxpayers got a steal with the jail. "They are safer today
because those 700 inmates are behind bars," he said. "If they want to
blame me for that, bring it on." The other Gumport report looks into
potential conflicts of interest in the purchase of former county land by
Foster, Hansberger's former chief of staff. Foster resigned last
September, a month after Gumport delivered his report to the Board of
Supervisors. At the time, Hansberger said the report raised an
appearance of a conflict of interest on Foster's part. In the full
60-page report released Tuesday, Gumport concludes that Foster likely
violated both state and county conflict-of-interest codes. It also
describes Granlund's role as a possible co-conspirator while casting
doubt on the veracity of some of his statements. The deal involved
four-tenths of an acre in Redlands that the county sold in a surplus
land sale for $20,000 in 2001. A partnership that Granlund was part of
bought the land. Granlund and his then-wife sold their half-interest to
Foster for $10,000 in 2002. The parcel was sold in 2003 for $100,000,
netting Foster $36,000 in profits, according to the report. Since March
2001, county ethics rules have barred county officials and high-level
employees, such as Foster, from buying surplus county land at county-run
auctions. The rules prohibit officials from bidding on property
themselves or buying it through an intermediary. Foster participated in
the county's discussions regarding sale of the land, including
personally showing it to Granlund and other partners, according to the
report. Granlund claimed that from the beginning he bought the property
with Foster as a silent partner, according to statements he made to
Gumport. Foster says no such agreement was made. Granlund said Tuesday
he was not aware at the time of any county policy about buying land. "I
was in between being a legislator and a lobbyist," he said. "I had no
idea at that time what local county ordinances were being written in
Dennis Hansberger's office." Foster said Tuesday that had just received
the two reports that afternoon and did not have a chance to read them
yet. He said he disagrees with the conclusions Gumport reached. As he
had before, Foster said Granlund raised the allegations because Foster
opposed attempts to help Granlund's clients. "Much of his testimony is
made up in order to make me look bad and get me out of the county of San
Bernardino, which he did," Foster said.
March 26, 2006 San Bernardino County Sun
San Bernardino County leaders have mischaracterized the findings of
an investigation into a $28 million prison purchase and should release
confidential documents related to the review, according to an internal
Board of Supervisors memo. In the memo dated Feb. 3, Supervisor Dennis
Hansberger urged the board to either release the actual report written
by Los Angeles attorney Leonard Gumport on the county's purchase of an
Adelanto jail facility or have Gumport draft a more accurate summary of
his findings than that released by the county. "I have thoroughly
reviewed the report prepared by Leonard Gumport regarding the Adelanto
Jail purchase, and after considering the matter at length, I have come
to the conclusion that the summary issued to the public by (County
Administrative Officer) Mark Uffer's office on December 22, 2005, is a
mischaracterization and does not accurately represent the information in
the report," Hansberger wrote. The 3rd District supervisor said Friday
that none of his colleagues on the board has responded to his request,
which was made just three weeks after the other four supervisors opposed
or did not vote on his recommendation in January to fully disclose
Gumport's report. Gumport said he could not comment on Hansberger's memo
or his investigation. "Only the Board of Supervisors can decide if the
investigation report should be made public," Gumport said. Board of
Supervisors Chairman Bill Postmus and supervisors Paul Biane, Gary Ovitt
and Josie Gonzales did not return calls seeking comment for this article
but have said in the past that releasing the report would compromise
attorney-client privilege. Uffer has repeatedly said he stands by the
summary statement as accurate. It was prepared under his direction and
reviewed for accuracy and completeness by Postmus and county attorneys.
The county's summary states there was no criminal wrongdoing and that
the only violation of county policy was by former Assemblyman Brett
Granlund, R-Yucaipa, a lobbyist for the county whose firm also
represented the jail's owner, Terry Moreland. Granlund failed to
properly disclose his conflict of interest to county officials, but
according to the county's summary, he had minimal involvement in the
deal and no influence on the negotiations. A review of public records,
however, shows: Granlund had more involvement in the jail negotiations
than county officials have acknowledged. Postmus, who approved the
county's summary statement and pushed for the jail acquisition, received
gifts from Granlund's lobbying firm. Supervisors unanimously approved
the $43 million lease and terms of purchase - for $28 million - without
a completed appraisal. When completed, the county appraisal matched the
$28 million price exactly. Contacted last week, Granlund again dismissed
Gumport's investigation. "I haven't seen the report," Granlund said.
"It's the oldest, deadest story. I won't have anything more to say about
it." Since January, Moreland has not responded to requests for comment.
A woman who answered the phone Wednesday at Moreland Corp. in
Bakersfield said, "We have no comment. I promise you that." 'Our Lord
cometh' In the mid-1990s, "offender management" had the shine of
opportunity for eager entrepreneurs. Stock analysts gave the growing
industry positive reviews. Rising crime rates and finite lockup space
made private prisons a lucrative venture. Such was the case for
Moreland, who saw San Bernardino County as a good place in which to
build. County officials were already anticipating a shortfall of inmate
beds, and a Georgia-based consultant that plans and designs lockups,
Rosser International Inc., projected the county's inmate population
would double by 2020. Sheriff Gary Penrod touted the study repeatedly.
Against this backdrop in 1997, Moreland began building a 500-bed private
prison in Adelanto for state inmates. Moreland formed a company to run
his prison called Maranatha Private Corrections. "Maran atha," an
Aramaic phrase from the New Testament, means "Our Lord cometh," "the
Lord has come," or simply "Come Lord!" The facility had problems from
the outset. Building costs rose from $11 million to $16 million after
completion in 1998. Moreland had disputes with construction workers, who
eventually sued, claiming they were underpaid. In 2004, Moreland found
himself facing a possible shutdown in a conflict with the state over
$1.6 million in inmate phone-call revenues. In July 2004, the state
Department of Corrections announced it would not renew its contract with
Moreland's prison in Adelanto, citing misappropriation of phone
revenues. State officials sent Moreland a 14-page letter detailing their
intent to end the contract, transfer inmates and shut down prison
operations by Sept. 1, 2004. Moreland disputed this in court, and a
state report found vague contractual language that absolved Moreland. At
about the same time, San Bernardino County officials were casting about
for solutions to what Penrod portrayed as an escalating inmate bed
crisis. Penrod had long argued the need for additional detention
facilities to accommodate the number of criminals coming out of the
court system. The problem was not new. In 2000, the county was
criticized for housing inmates in tents at the Central Detention Center
in San Bernardino. Suspected offenders whose bail was set at less than
$100,000 were routinely released rather than held because of the bed
shortage. In 2004, Penrod estimated 300 to 600 inmates per month slept
on the floor and that county jailers were granting early release to 700
felony offenders a month. While Moreland's dispute with the Corrections
Department was unfolding publicly in 2004, Penrod felt justified in
identifying short-term solutions to the bed shortage. Building a
3,000-bed facility in the High Desert would cost as much as $293
million, Penrod said. Leasing existing facilities - Adelanto's city jail
or Maranatha - could temporarily ease crowding for a fraction of the
cost. Penrod laid out the options for supervisors in October 2004. His
recommendation was that the county lease Adelanto's city jail because
the construction was stronger. That, however, was not to be. A platinum
connection Granlund had already suggested to top county officials,
including Postmus, that Maranatha was a "golden opportunity" for the
county. Granlund, who had served two terms on the state Board of Prison
Terms, was and is employed by Platinum Advisors, a lobbying firm
contracted by the county in December 2002 for representation in
Sacramento. With offices in Washington, Los Angeles and San Francisco,
Platinum Advisors is one of the state's top lobbying firms. The firm's
client list, in addition to San Bernardino County, includes AshBritt
Environmental, 24 Hour Fitness, Cingular Wireless, Clear Channel
Communications, Comcast Cable and Johnson & Johnson. In 2003, the firm
was hired by Moreland to represent Maranatha in Sacramento. In July and
August 2004, Platinum and one of its clients, software giant Oracle,
treated Postmus to three nearly sold-out Major League Baseball games in
three states along with dinner at a swank San Francisco steakhouse,
according to the state 700 disclosure forms of Postmus and his chief of
staff, Brad Mitzelfelt. On each of the baseball dates, it was unclear
why Postmus and Mitzelfelt, who reported two of the three games on his
700 forms, were on the road and who paid their travel expenses. Two
months earlier, the Board of Supervisors had approved Postmus'
recommendation to increase Platinum's payment from $9,000 a month to
$16,000 a month. During the same period, Granlund, who had lobbied for
Maranatha in Sacramento, suggested to Postmus and others that the county
consider buying Maranatha. County officials say Gumport's investigation
determined Granlund had violated county policy by failing to notify
county officials in writing of his conflict of interest. County
officials have refused to release the findings of the investigation but
have said in a prepared release that the investigation found no further
wrongdoing.
January 13, 2006 The Press
Enterprise
San Bernardino County for years had not
enforced a requirement that the county's lobbying firms disclose in
writing ties to other companies, a former county legislative director
said Thursday. Instead, the lobbying firms -- including Sacramento-based
Platinum Advisors -- informally disclosed new clients so the county
could determine potential conflicts of interest, said Jim Wiltshire,
legislative director from November 2002 to March 2004. The county's
lobbying contracts came under scrutiny after Los Angeles lawyer Leonard
Gumport investigated the role a lobbyist for Platinum Advisors played in
the purchase of a private prison in Adelanto from Maranatha Corrections.
Brett Granlund, a former Republican assemblyman from Yucaipa who now
works for Platinum Advisors, did not participate in direct purchase
talks with county officials, Gumport concluded, according to a county
statement on his report. But Granlund failed to disclose in writing that
he represented Maranatha Corrections and encouraged county officials to
consider buying the private prison, Gumport concluded. Wiltshire said he
was fully aware that Maranatha Corrections had hired Platinum Advisors.
In a letter this week to County Administrative Officer Mark Uffer,
Wiltshire said he knew of the lobbying firms' new clients and during his
tenure "never asked for a letter to announce their retention of
services." "While I recognize that this technically violates a provision
of the contract, the practice of informal communication certainly
fulfilled the spirit of the provision," wrote Wiltshire, who was
legislative director when the county hired Platinum Advisors. Wiltshire
left the county several months before the jail talks began. Since he did
not require lobbying firms to send letters listing their clients, his
successors wouldn't have known about Platinum's ties to Maranatha, even
though it was disclosed, he said.
January 11, 2006 The Press Enterprise
San Bernardino County supervisors defeated an effort Tuesday to
publicly release an investigative report into the county's $31 million
purchase of a private prison in Adelanto. Supervisor Dennis Hansberger
introduced the measure, saying the report's release would build public
trust and outweigh any potential lawsuits the county might face as a
result. His attempts to release the report failed on a 4-1 vote, with
supervisors Bill Postmus, Paul Biane, Gary Ovitt and Josie Gonzales
voting to keep the report secret. "Openness would serve us all very,
very well," Hansberger said. Postmus said the report is covered by
attorney-client privilege, and that the county's lawyers and the
report's author have recommended against its release. "The county could
prejudice itself" if the report became public, Postmus warned. The
purchase of the prison from Maranatha Corrections LLC came under
scrutiny when the county asked Los Angeles lawyer Leonard Gumport to
investigate the role the county's Sacramento lobbyist played in the
deal. Brett Granlund, a former Republican assemblyman from Yucaipa and
now a lobbyist with Platinum Advisors, did not participate in direct
purchase talks with county officials, Gumport concluded, according to a
county statement on his report. But Gumport did find that Granlund
encouraged county officials to consider buying the private prison,
solicited information and took part in prison discussions. At the same
time, Granlund failed to disclose in writing that he represented
Maranatha Corrections -- a requirement under Platinum's contract with
the county.
January 7, 2006 The Press-Enterprise
Three little words. That's all it would have taken for former
Assemblyman Brett Granlund to remain above reproach in San Bernardino
County's purchase of the Adelanto private prison. "They're my
client." That's all he needed to say about Maranatha Corrections
LLC, the owner of the prison, when he recommended to county officials
that the county acquire it as a High Desert jail. Three days before
Christmas, county officials released a summary of an investigation into
the county lobbyist's actions. The investigation by Los Angeles-based
lawyer Leonard Gumport found that Granlund urged county officials,
including County Administrative Officer Mark Uffer, to consider buying
Maranatha's prison without properly disclosing that Maranatha was also a
client. The county is supposed to be protected from such conflicts of
interest. High-powered Sacramento lobbying firm Platinum Advisors,
Granlund's employer, is required to notify the county in writing
whenever it adds clients so the county can screen out potential
conflicts of interest. So what Granlund did is not only an ethical
breach, it's a breach of his lobbying firm's contract. According to the
California Secretary of State's online report, Platinum Advisors has
added at least 28 lobbying clients since last providing a client list to
San Bernardino County three years ago. Platinum Advisors President
Darius Anderson did not respond to three phone calls to comment Friday.
Granlund didn't return my call either. So what sanctions has the county
levied against Platinum or Granlund for the failure to disclose the
relationship with Maranatha? None. Why are county officials so
indifferent to the breach of the explicit terms of their lobbyist's
contract? Board of Supervisors Chairman Bill Postmus didn't respond to
repeated calls Friday. No one is saying the jail wasn't a good buy. But
notifying one client when you're advocating to him about another is a
no-brainer: Lobbying 101. The omission should have prompted the
supervisors to immediately fire Granlund and put Platinum Advisors on
notice that any more goofs like that would end the firm's $245,000
contract. But county officials say they consider the matter closed.
Uffer told me it's up to Platinum to discipline Granlund and decide
whether he continues to represent the county. This is a stunningly
hands-off attitude from a man who a year ago fired a protégé for
failing to disclose a romantic relationship, even though Uffer said the
county wasn't harmed. When I asked Uffer about it, he said the county's
lobbyists don't work for him; they work for the Board of Supervisors.
Come on. Uffer is the county's chief executive. A contract extension for
Platinum Advisors just approved by the board authorizes Uffer to extend
it another three months at his sole discretion. So saying he's powerless
doesn't fly. County officials pay a lot of lip service to restoring
public confidence in county government. If they're sincere, they should
sanction Granlund and Platinum immediately. Otherwise, other county
contractors will infer that they're free to violate the ethical terms of
their contracts without fear of consequences. Cassie MacDuff can be
reached at (909) 806-3068 or cmacduff@pe.com
January 8, 2006 The Press-Enterprise
A 706-bed detention center will go a long way toward easing the space
crunch in San Bernardino County's jails, county officials said. Turning
the former private prison into a jail the county could use wasn't easy.
The jail needed more than $3 million in renovations to meet state
standards. That's on top of the $28 million the county paid to Moreland
Family LLC and Maranatha Corrections LLC. The purchase also came under
scrutiny when the county asked Los Angeles lawyer Leonard Gumport to
investigate the role a Sacramento-based lobbyist played in the deal.
Gumport found that former Assemblyman Brett Granlund, R-Yucaipa, the
county's lobbyist, failed to properly disclose his ties to the private
prison when he encouraged county officials to consider the site.
Granlund represented the prison's owners before the state Department of
Corrections. The lobbying contract with the county required the
notification. Inmates at the former private prison were allowed
microwaves and irons and to freely walk from their beds to the
recreation yard and even to the cafeteria, sheriff's officials said. If
the county had built the jail from the ground up, it would have done
things differently, said Sgt. Laurie Savage, a 20-year department
veteran working on the county's transition into the detention center.
"We have much more stringent guidelines," Savage said as she
recently walked through the jail. "It is a different set up."
Stainless steel toilets replaced porcelain ones, which can be broken and
turned into weapons. In many areas, solid ceilings replaced drop
ceilings to prevent inmates from escaping into the rafters.
January 6, 2006 The Press-Enterprise
San Bernardino County must do better at overseeing
the companies it contracts with after its lobbyist failed to properly
disclose his ties to a private prison, the county's top executive said
Thursday. Former Assemblyman Brett Granlund, the county's Sacramento
lobbyist, did not report in writing that he represented the prison's
owners when he encouraged county officials to consider buying the
Adelanto facility to help ease jail crowding. The county's contract with
Platinum Advisors, Granlund's firm, requires the notification. "It
is important that you hold the contractor to it," County
Administrative Officer Mark Uffer said. "We just have to do a
better job managing contracts." The county's $31 million purchase
of the private prison from Moreland Family LLC and Maranatha Corrections
LLC came under scrutiny when Los Angeles attorney Leonard Gumport
investigated Granlund's role in the purchase. Granlund did not
participate in direct purchase negotiations with any county official,
Gumport concluded, according to a county summary of his report. But
Gumport did find that Granlund encouraged county officials to consider
buying the private prison, solicited information and took part in jail
discussions. Granlund failed to properly disclose in writing that he
represented the prison's owners before the state Department of
Corrections.
December 27, 2005 Daily Bulletin
San Bernardino County's synopsis of a five-month-long investigation into
county land deals, including the $31.2 million purchase of a private
jail in Adelanto, frowns on the actions of former Assemblyman Brett
Granlund, R-Yucaipa. At the same time, it neatly absolves county
employees and county executives of any wrongdoing. That's nice. But the
conclusions reached in the county summary, signed off on by county
executives and released last week, cannot be taken literally without a
full examination of the report itself. The county commissioned the
report into five years' worth of county transactions involving surplus
land after first asking attorney Leonard Gumport to investigate a
suspect purchase Jim Foster, former chief of staff to Supervisor Dennis
Hansberger. Foster resigned, though that first report was never released
either. Foster then turned around and questioned negotiations for the
purchase of the Maranatha Jail, citing involvement his former land
partner, Granlund, and county Chief Administrative Officer Mark Uffer.
Uffer has tried to distance himself from working with Granlund on the
purchase. And to that effect, the county's unsigned, five-page statement
whitewashes Uffer's role, while pointing fingers at Granlund as lobist
for both the jail and the county. Indeed, the county summary makes a
point of noting that Granlund's promptings had no bearing on Uffer's
decision to pursue and recommend purchase of the Maranatha facility. The
error, the statement says, was in Granlund's not disclosing his
potential conflict of interest. Granlund was representing the owner of
the jail in a legal matter at the same time he was urging Uffer to
purchase the jail to relieve chronic overcrowding of the county's
facilities. Though county executives claim otherwise, there may be more
here than meets the eye. The county statement says Gumport's
investigation found nothing to indicate criminal behavior on the part of
any county employee or official. If true, then how can the county base
its refusal to release the Gumport report on the need to protect
information "that might serve as the basis of future litigation the
county"? It pretty much shoots a hole in the county's standard
"attorney-client privilege" defense. If there is nothing to
hide, then why is the county still sitting on the report? County
taxpayers should demand the report of Gumport's inquiry be released in
its entirety. Nothing is certain without seeing the report in full.
December 23, 2005 Los Angles Times
One of San Bernardino County's Sacramento lobbyists encouraged county
officials to buy a jail in Adelanto without disclosing that he worked
for the jail's owner, a county investigation has found. But it also
"found nothing to indicate criminal behavior on anyone's
part," said a statement released by the county Thursday. The
lobbyist, former Assemblyman Brett Granlund, told two top county
officials in 2004 that the private jail was a "quality
facility" that could help ease crowding in the county's chronically
packed jails, according to the statement. In January, county supervisors
agreed to buy the jail for $31 million. At the time he was recommending
the purchase, Granlund, a Republican who had represented Yucaipa while
an assemblyman, was working for the jail's owner, Terry Moreland, and
his companies, according to the four-page statement. Granlund works for
the firm Platinum Advisors LLC. Granlund should have disclosed his
relationship with Moreland to county officials in writing, concluded
Leonard Gumport, a Los Angeles attorney the county hired to investigate
the jail purchase and other matters. But Gumport found that Granlund did
not unduly influence County Administrative Officer Mark Uffer, Sheriff
Gary Penrod or other staffers responsible for researching the jail
purchase, and that the lobbyist did not receive a commission from the
sale. County officials would release only a summary of Gumport's
findings, saying they involve a personnel matter and that their release
would violate the privacy of employees interviewed and could potentially
be used for lawsuits. The county has rejected a public records request
from The Times asking for the entire report, which totals more than 100
pages.
December 1, 2005 San Bernardino Sun
The county's newest jail will cost several hundred thousand dollars less
than expected because the owner failed to meet the agreed-upon
completion deadline. The San Bernardino County Board of Supervisors
agreed to purchase the Maranatha Correctional Facility in February for
$28 million and approved an additional $3.2 million for renovations. Its
new name will be the Adelanto Detention Center. It will have about 700
beds for inmates. The state prisoners housed in the private prison were
moved to other facilities in June. The county is facing crowding in all
its jails, and officials have touted the purchase of the jail as a
much-needed "Band-Aid" for the problem. The purchase of the
jail has been investigated by Los Angeles-based attorney Leonard Gumport,
who was commissioned by the county. The jail's purchase became part of
an investigation into county land deals when a former county executive
accused county Chief Administrative Officer Mark Uffer of negotiating
the purchase with former Assemblyman Brett Granlund, R-Yucaipa.
Granlund's lobbying company, Platinum Investments, included the county
as well as the Maranatha facility as clients at the time. Uffer has
denied any wrongdoing. Granlund has said Platinum only represented the
jail in front of the state Department of Corrections and was not
involved in the jail purchase. As part of the $28 million purchase
price, the owner of the facility, Terry Moreland of Moreland Family LLC,
agreed to complete some renovations to bring it up to the county's
standards. The county also retained Moreland's services to do an
additional $3.2 million of construction work. The deadline for the
remediation work was Oct. 1, but Moreland asked for and received a
45-day extension. But once the Nov. 15 deadline passed, the company
began accruing $20,000 in daily late fines. The work was completed
Monday, according to Assistant County Administrator Gerry Newcombe. The
county will subtract the late fines - about $260,000 - from the
building's price when it pays Moreland Family LLC.
October 16, 2005 Inland Valley Daily
Bulletin
San Bernardino County aide Jim Foster resigned following a questionable
county land deal, but that wasn't the end of it. The report on those
alleged transgressions was handed over to the county Board of
Supervisors at the end of August by attorney Leonard Gumport. That
report was never made public. And a month and a half later, supervisors
still have not passed it on to the District Attorney's Office, where a
determination on whether to prosecute Foster needs to be made. Foster is
the former chief of staff for county Supervisor Dennis Hansberger.
Foster is accused of buying county surplus land through an intermediary,
in violation of county ethics policy, and then selling it two years
later for a 400 percent profit. Gumport's initial report concerned
Foster. But the county expanded Gumport's directive to include looking
into all county land sales over the last five years, at least partly in
response to Foster's claim of conflict of interest in the county's
purchase of a private jail in Adelanto. Part II of that inquiry arrived
at the County Government Center on Wednesday. And taxpayers are just as
anxious now as they were when the Foster report was issued to see what
Gumport has unearthed.
September 9, 2005 Press Enterprise
San Bernardino County Supervisor Dennis Hansberger's longtime chief of
staff resigned Thursday after an internal investigation raised concerns
about a conflict of interest involving his purchase of former county
land. Hansberger announced the decision in a statement Thursday, saying
that Jim Foster believes he has become a distraction and wants the
county to move forward. Los Angeles lawyer Leonard Gumport concluded a
monthlong inquiry in August into the sale of fourth-tenths of an acre in
Redlands. In May 2001, the county sold the land to former Assemblyman
Brett Granlund, his wife and another couple. Granlund, now a county
lobbyist with the Sacramento firm Platinum Advisors, sold the
half-interest he and his wife held in the land to Foster for $10,000 in
2002. The parcel sold in 2003 for $100,000. Since March 2001, county
ethics rules have barred top county employees from buying county land at
auction, either directly or through an intermediary. The
report, which county officials have declined to release, raises
sufficient concerns that a conflict of interest may have occurred in the
land sale, Hansberger's statement said. Gumport, who won
multimillion-dollar judgments in the county's anticorruption lawsuit
against former county officials and the businessmen who had bribed them,
also is scrutinizing other recent county land deals. That investigation
is expected to include the county's recent purchase of a private prison
in Adelanto.
August 4, 2005 Monterey
County Herald
Keeping a lawsuit alive, a Monterey County judge has ruled that
reservations to buy homes and written acknowledgement of selling prices
in a Gonzales subdivision could constitute legally enforceable
contracts. Judge Robert O'Farrell rejected a motion by Moreland Corp. to
dismiss two lawsuits filed by three prison employees who allege the
Bakersfield developer raised the purchase price well beyond what they
agreed to pay for homes in Cipriani Estates. Moreland, which specializes
in developing land near prisons, also runs private prisons in Southern
California under contract with the state. The contracts have led to a
series of disputes between the company and the state Department of
Corrections, which is now attempting to collect more than $1.6 million
it says Moreland misappropriated. The money came from collect phone
calls placed by inmates at Moreland's 550-bed prison near Adelanto,
money that the state says was supposed to go into prison programs and
upgrades.
July 26, 2005 The
Press-Enterprise
Former Assemblyman Brett Granlund said Monday he played no role in
negotiating San Bernardino County's $31 million purchase of a private
prison in Adelanto. The County Board of Supervisors unanimously
agreed in April to buy the private prison to relieve chronic jail
crowding. The 13-acre facility is owned and operated under a state
contract by Terry Moreland and his companies, Moreland Family LLC and
Maranatha Corrections LLC. The county first agreed in January to
lease the prison but had the option to buy it. Meanwhile, no money
has yet been paid to Maranatha on the prison purchase, county spokesman
David Wert said Monday. When the deal is finalized,
Maranatha must disclose any commission bonuses, finder's fees or other
compensation paid to any third party in the prison purchase, according
to the board's April 5 vote. Granlund, now a county lobbyist, said he
spoke with County Administrative Officer Mark Uffer about the prison in
March but only as a courtesy to Moreland. Uffer was unavailable for
comment Monday, Wert said. Granlund said he represented
Maranatha before the state Department of Corrections and worked with
Moreland on securing a private loan. Supervisor Dennis Hansberger and
Jim Foster, his chief of staff, have questioned Granlund's involvement
in the prison purchase in recent weeks. "My concern at the
time was, you can't have the same guy representing both sides,"
said Foster, who is on paid administrative leave pending the outcome of
an investigation into whether he violated county ethics rules when
buying former county land. Granlund said he was at the prison when
county officials toured it for the first time. But he said he was
researching Maranatha's dispute with the Department of Corrections over
prisoner phone use.
July 21, 2005 Bakersfield
A Bakersfield businessman's sale of a privately operated prison has
become mired in a widening investigation of possible land-sale
irregularities in San Bernardino County. A key figure in the probe
is a Sacramento lobbyist who represents Terry Moreland of Bakersfield.
Moreland earlier this year sold the private prison he built and operated
for years in the desert town of Adelanto to San Bernardino County, which
wants to expand its jail facilities. The lobbyist, Brett Granlund,
a former assemblyman from Yucaipa, works for Platinum Advisors, a top
Sacramento lobbying firm which also represents San Bernardino County.
A fierce battle of words has broken out among warring factions of San
Bernardino County officials over whether Granlund represented both
parties in the sale of the prison, which could constitute a conflict of
interest. One San Bernardino County supervisor, Dennis Hansberger,
and his top aide have charged that Granlund acted improperly in the
prison sale. County officials earlier directed an outside
attorney, Leonard Gumport, to investigate the land deal involving
Foster. This week, county officials said Gumport's probe is being
expanded to include the prison sale. The minimum-security
community correctional facility was purchased by San Bernardino County
in April for $31 million, newspapers in San Bernardino and Riverside
have reported. Granlund said he spent five hours answering
questions from Gumport on Wednesday. "I think it went
fine," he said. Granlund said he only represents Moreland in
dealing with issues he has with the state Department of Corrections.
"At no time did I advise the county or act as a representative of
the county to Moreland," Granlund said. He said he believes
he initially informed county officials that he was aware from Moreland
that the prison might be for sale and that he was coincidentally at the
prison the first time county officials toured it. Moreland, who did not
respond to a request for comment, is no stranger to controversy. Last
year, the state Department of Corrections accused him of
misappropriating more than $1 million in inmate telephone revenues at
the Adelanto prison. Moreland emphatically denied any wrongdoing. Prison
officials said Thursday the issue still has not been resolved.
Earlier last year, Moreland settled a class-action lawsuit that claimed
he underpaid workers who built the prison in 1997 and 1998.
July 20, 2005 The Press-Enterprise
San Bernardino County's investigation into land deals will expand to
examine its $31 million purchase of a private prison in Adelanto, Board
of Supervisors Chairman Bill Postmus said Tuesday. Part of the
inquiry into the sale will focus on the involvement of former
Assemblyman Brett Granlund, who works for the county's Sacramento
lobbying firm Platinum Advisors. County officials Tuesday
disagreed over Granlund's role in the prison purchase. Supervisor
Dennis Hansberger; Jim Foster, Hansberger's chief of staff; and a
Sheriff's Department executive who oversees jails said Granlund
represented the seller, Terry Moreland and his Maranatha Corrections
firm, while acting as a county lobbyist. Such a dual role, representing
both buyer and seller, would represent a conflict, Hansberger said.
Attorney Leonard Gumport arrived Monday to head up the inquiry. Gumport,
who won multimillion dollar judgments in the county's anti-corruption
lawsuit against former county officials and the businessmen who bribed
them, will investigate the Granlund-Foster deal, the prison purchase and
other recent land transactions, Postmus said. Gumport's contract, first
signed in 2000, was increased $200,000 Tuesday to $3.7 million.
San Bernardino County bought the private Adelanto prison in April to
relieve chronic jail crowding. The 13-acre private prison was owned and
operated under a $59 million state contract by Moreland and his
companies, Moreland Family LLC and Maranatha Corrections LLC.
Granlund worked for Moreland on the sale and was at the Adelanto prison
the first time sheriffs' officials toured the facility last fall, said
Deputy Chief Bill Cates, whose division oversees county jails.
Platinum listed Maranatha Corrections among its clients as early as
February 2003. Foster and Granlund are former partners in a
billboard business, the Colorado River Indian Land Company. Granlund,
elected to the Yucaipa City Council in 1992, won an Assembly seat in
1994 representing Yucaipa and parts of Riverside County. Foster was his
chief of staff. Granlund, a Republican, left office in November
2000, forced out by term limits. He was on the state Board of
Prison Terms from February 2001 to May 2002, when he left to work for
Platinum, a top-grossing lobbying firm in Sacramento. Granlund,
his wife, and another couple bought four-tenths of an acre of land in
Redlands in May 2001. The Granlunds, in the midst of a divorce,
sold their half-interest to Foster and his wife in June 2002. The
parcel, acquired for $20,000, sold for $100,000 in September 2003.
Granlund, in published reports, said he bought the land to help Foster
get around county rules barring top county officials from buying land at
county auctions.
January 22, 2005 Press
Enterprise
A dispute between the state Department of Corrections and the operator
of a private prison in Adelanto opened a window of opportunity for San
Bernardino County. The state had threatened to pull its prisoners out of
Maranatha Corrections LLC's Victor Valley Medium Community Corrections
Facility in the dispute over $1.6 million in revenue from collect phone
calls placed by inmates. Maranatha's owner, Terry Moreland, decided to
get out while the getting was good. Rather
than hope the state would renew his contract to house inmates, he
offered to lease the private prison to the county, which needs more jail
space in the High Desert. The state's loss is the county's and
Maranatha's gain. The dispute between the state and the private prison
operator exposed a serious flaw in the contract the state drew up: It
failed to spell out to whom the telephone revenue belonged. Private
prison operators collected $2.7 million from inmate phone calls last
year. When it opened the prison in 1997, Maranatha negotiated a
phone service deal with Global Tel*Link to keep 45 percent of gross
revenue from those calls. A review by the inspector general showed
Maranatha received more than $1.6 million from inmate calls between
November 1997 and June 30, 2004. According to the inspector general,
private prison operators are using the money to offset costs they're
responsible for anyway, enabling them to increase their profits. The
practice also circumvents state budget control and oversight, and
distorts the true cost of operating private prisons, the inspector
general said.
January 15, 2005 Bakersfield
Californian
A Bakersfield company that runs a private prison in Adelanto is
being sued over a pay dispute, the second such lawsuit the company has
been hit with. Gary Scott and Mario Gonzales sued Maranatha Corrections
Dec. 17. Scott and Gonzales said they have not been paid for all of the
hours they worked and have not been allowed to take breaks. Not
allowing employees to take breaks violates labor codes, their attorney,
Philip Ganong, said. Ganong said the people who run the prison may have
skimped on manpower and couldn't allow employees to take a break in
order to keep staffing up to standard. He said the situation has
been going on since 1998. The prison had an $81 million a year contract
with the state. The California Department of Corrections threatened to
yank the contract with the medium-security prison last year in a dispute
over more than $1 million generated by inmate telephone calls. As a
result, Maranatha agreed to lease the prison to San Bernardino County
with an option to buy starting this fall. State prisoners should be out
by this summer, Corrections spokeswoman Terry Thornton said. The prison
previously settled a lawsuit with hundreds of construction workers who
sued because they said they weren't paid from April 1997 to June 1998.
November 26, 2004 Victor
Valley Daily Press
Negotiators will return to the bargaining table next month in an attempt
to settle a contract dispute over $1.6 million generated by prisoners
use of pay phones at the Victor Valley Community Corrections Facility.
The California Department of Corrections believes The Maranatha Corp., a
Christian faith-based private community corrections operator that runs
the prison, misappropriated the money by spending it on prisoner reform
programs. The CDC has threatened to shut down the prison if the money is
not repaid. "That is where we were heading initially, we were
moving to shut it down," said Margot Bach, spokeswoman for the
department of corrections. "The worst-case scenario would be that
we would move the prisoners back to prison or other community
correctional facilities." A Jan. 31 deadline has been set to either
resolve the issue or terminate the state's contract with Maranatha,
which would mean closing the facility and putting its 90 employees out
of work. A recent review of the matter by the Inspector General's Office
offered little help in resolving the dispute. The report did point out
that state-run prisons return $26 million generated annually from
prisoner telephone usage to the state's general fund, but community
correction facilities across the state typically use the $2.7 million
they collect annually from prisoner telephone usage for prison upgrades,
prisoner programs and for costs associated with the prisoner telephone
program. The
report concludes by suggesting that any future contracts between the
state and private prison contractors should either stipulate that the
money go into the state's general fund or gets used for upgrades to the
prison.
The state Department of Corrections is
accusing Bakersfield businessman Terry Moreland of misappropriating more
than $1 million in inmate telephone revenues at a private prison he runs
in San Bernardino County. State prisons director Jeanne S.
Woodford got tough in a June 29 letter to Moreland. After more
than two years of Moreland's refusal to allow an audit of the prison's
use of revenues generated from inmate telephone calls, Woodford said the
state has given up and concluded that he misused the money. She
said the state plans to terminate its $8.1 million per year contract
with the 550-bed, medium-security Victor Valley Modified Community
Correctional as of Sept. 30. That deadline has since been extended
to Oct. 31. The contract normally would run for four more years.
The prison is operated by Maranatha Corrections LLC, a Bakersfield
company headed by Moreland. Moreland denied misappropriating the
money. He said he has put it back into the prison to benefit inmates,
and even supplemented it with his own funds. But he insists the
state has no right to audit his books or dictate how he should spend the
telephone money. State officials disagree. They insist that the
inmate telephone money is supposed to be returned to the state's general
fund budget. Margot Bach, spokeswoman for the Department of
Corrections, said the state's immediate goal is to find out what
happened to the money. "We want them to account for the money
that is owed to the state of California," Bach said. (Bakers
Field, September 2, 2004)
The state Department of Corrections
will not renew its contract with the privately run Victor Valley Medium
Community Correctional Facility in Adelanto, forcing the 500-bed prison
to close within two months, officials said Friday. State officials
sent Bakersfield-based Maranatha a 14-page letter announcing their
intention to end the contract, reassign the inmates and shut down prison
operations by Sept. 1, said Margot Bach, corrections spokeswoman.
Maranatha reportedly misappropriated about $1 million in revenue from
the inmate telephone call fund at the prison which should have gone to
the Department of Corrections, Bach said. (Victor Valley Daily
Press, July 3, 2004)
A 28-year-old man jailed on drug charges
escaped from a medium-security prison here, officials said Monday.
Guards discovered Bounham Luangaphay had disappeared when they conducted
a prisoner count around 9 p.m. Sunday, said Angela Valles, assistant
facility director at Victor Valley Medium Community Correctional
Facility. The prison has been on lockdown status since Luangaphay went
missing. How Luangaphay may have escaped from the Victor Valley prison,
run by Maranatha Private Corrections, is still under investigation.
(Daily Press, June 25, 2002)
Eight inmates and two employees at a
medium-security private prison were injured Tuesday when a fight broke
out between 135 black and Hispanic inmates, officials said. The most
seriously injured inmate at the Victor Valley Medium Community
Corrections Facility suffered possible broken ribs and bruises and
swelling to his head. A female sergeant with Maranatha Private
Corrections LLC, which operates the men's prison for the state, was hit
in the head with a microwave oven and received 14 stitches at an
urgent-care facility. (The Press-Enterprise, October 17, 2001)
A 19-year old man who escaped from a
prison here Sunday afternoon remained free for about 12 hours before
being he was captured at his mother's home in Ontario. Picazo escaped
from the prison about 5 p.m. Sunday. CDC officers have not determined
how the man got out, said Lee Cribb, a spokesman for Maranatha private
Corrections, which owns the place. (Daily Press, Dec. 7, 2000)
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