Federal Prisoner Convicted of Attempted Murder for Slashing Deputy
Marshal’s Throat Sentenced to 20-Year Maximum
HOUSTON—Jose Garcia Jr., 31, of Mercedes, Texas, has been sentenced
to the statutory maximum punishment of 20 years' imprisonment for the attempted murder of a deputy U.S. marshal (DUSM), United
States Attorney José Angel Moreno announced today. Garcia, a federal prisoner in custody, used a razor to slash at the throat
of DUSM at the federal courthouse in McAllen, Texas, on May 22, 2009. In June 2009, Garcia was indicted for attempted murder
of a federal agent in the Houston division.
Garcia pleaded guilty to the attack on a DUSM in December 2009. At a hearing
late this afternoon, United States District Judge Ewing Werlein sentenced Garcia to 20 years in federal prison to be followed
by a three-year term of supervised release. The 20-year sentence is to be served consecutive to his 50-year state prison sentence.
According to the factual basis in support of the guilty plea, Garcia was in
a holding cell in the federal courthouse awaiting a hearing before United States District Judge Randy Crane in McAllen for
the possible revocation of the term of supervised release imposed as part of a 2000 federal robbery conviction prompted by
Garcia’s recent state conviction for murder and 50-year sentence. While being lead into Judge Crane’s courtroom
from a holding cell through a door being held by a DUSM, Garcia walked through the door into the courtroom and lunged at the
DUSM slashing his throat with a razor blade. As the DUSM and other deputy marshals attempted to subdue Garcia, Garcia continued
to slash at the DUSM’s throat several more times. Eventually, Garcia was subdued. Bleeding profusely from the injury
to his neck, the DUSM was transported to the hospital and received nine stitches to close the wound.
FBI agents arrived at the scene and recovered the razor blade used by Garcia.
FBI agents then interviewed Garcia, who told them he felt a “vibe” when he saw the DUSM earlier in the day. Before
going in the courtroom, Garcia said he found a razor blade on the floor by the urinal in the holding cell located on the first
floor of the federal courthouse building. Garcia admitted he hid the razor blade in his upper lip then later moved it to his
hand where he had it when the cell door opened. As he walked closer to the DUSM, Garcia admitted he wanted to “get him
right there,” and was trying to kill the DUSM when he attacked him. Garcia told FBI agents he felt “relaxed”
after the attack.
Garcia, who has been in federal custody, will remain in custody to serve this
sentence.
The case was prosecuted by Assistant U.S. Attorney
Mark McIntyre. Assistant U.S. Attorney Glenn Cook represented the government at today’s hearing.
Report
shows jump in use of incentive payments
By Alex M. Parker
March
8, 2010
A new report shows that the amount federal agencies paid in relocation incentives
-- to compensate employees asked to move from one area to another -- nearly doubled from 2007 to 2008.
The Office of Personnel Management report shows than the rise in relocation bonuses, often to law enforcement officers and supervisors,
made up a sizable portion of the 37 percent overall increase in the amount paid out for what are known as "3Rs" incentives
for relocation, retention and recruitment.
Such increases have led OPM to ask
agencies to review their use of the incentives. The total number of bonuses handed
out increased by 7,027 between 2007 and 2008, to 39,511. The dollar amount spent on them went up by more than $77 million,
to nearly $285 million. Citing recent labor market conditions, OPM Director John Berry asked agencies to make sure incentives
were justified.
All three categories of incentives saw increases from 2007 to 2008. On a percentage
basis, relocation incentives went up the most - nearly 86 percent, or about $20 million. Retention bonuses remained the most
popular type of incentive, with a $28.9 million increase from 2007 to 2008.
According to the report, the Defense Department awarded the most incentives, handing
out more than 19,000 bonuses totaling more than $135 million. The Veterans Affairs Department was second, with more than 9,000
incentives totaling almost $54 million. Other departments near the top of the list included Justice, Health and Human Services,
and Commerce.
According to the report, 34 percent of all retention incentives were paid to employees
in the health care field, including nurses, medical officers and pharmacists. For recruitment incentives, the most common
occupation was patent examiner, which represented 11 percent of all such incentives.
Relocation incentives went to a mix of criminal investigators, contract officers,
administrators and engineers.
Two of the agencies that manage federal benefits handed out some of the largest incentives.
According to the report, OPM itself handed out five incentives averaging $23,600, including one relocation incentive of $70,000.
The Federal Retirement Thrift Investment Board gave out two awards, totaling $54,500 -- including a $38,650 retention incentive
to its executive director. Both made the top five list for largest average incentive payments.
Is
There Skepticism About Merit System Principles?
'A growing skepticism'
Federal workers who want to advance might want to look at a report issued last week
by the Merit Systems Protection Board.
Through interviews and surveys, the MSPB came up with a list of 10 "career accelerators."
These are workplace situations that help employees move up the promotional ladder. The two top items relate directly to personal
contacts.
"A supportive supervisor to encourage my development and advancement" and "senior
person/mentor (other than my supervisor) looking out for my interests" each were identified as having a positive impact by
85 percent of those surveyed.
"Clearly, one should not underestimate the power of personal connections in the workplace,"
the report says. "Given their nearly absolute control over the developmental opportunities employees receive, supervisors
play crucial roles in determining the fate of their employees."
This, of course, allows for bias and favoritism. The report says fears about unfair
and inequitable treatment are on the rise, even as perceptions of ethnic and racial discrimination have declined.
"Suspicions regarding traditional/blatant forms of discrimination have been supplanted
by a growing skepticism about managers making their decisions in accord with the merit principles," the MSPB found in responses
to its Career Advancement Survey.
The flip side of having encouraging supervisors and mentors is the feeling that "who
you know," which carries a negative connotation, is what counts when it comes to promotions. Far more respondents, 72 percent,
picked that as a reason for advancement, than did those who cited competence (40 percent) or hard work (36 percent).
Disturbingly, "over 70 percent of employees believed that some supervisors practiced
favoritism," according to the report. And those views cross racial and ethnic lines. My mail indicates that's a prime factor
undermining confidence in federal pay-for-performance systems.
Showing what you can do is an important way to be promoted. Being appointed an acting
supervisor presents a "critical opportunity for employees who aspire to demonstrate that they can handle the responsibilities"
of being the boss, the report says.
"Opportunity" seems to be the operative word here.
"Unfortunately, our survey results indicate that members of minority groups report
that they have less opportunity to serve in an acting capacity than White employees," the MSPB found. "Further, these discrepancies
do not appear to be diminishing."
The MSPB urged agencies to measure how their policies and practices help or hinder
progress toward workplace fairness. The measurement should include a workplace analysis that covers, among other things, "possible
barriers to a fully representative workforce." They also should "emphasize to supervisors their influence over -- and responsibility
for -- the career development of the employees they supervise."
Among other recommendations, the MSPB advises employees to seek or create developmental
opportunities and to develop productive relationships with supervisors or other mentors.
A view inside federal lockup
The nation's largest federal prison facility opened its doors to media for the first
time ever.
COLEMAN - Encircling the perimeter of United States Penetentiary-1, one of two maximum-security prisons here, are coils
of barbed wire, the last buffer of security separating the concrete structure from the rest of the sprawling Federal Correctional
Complex of which it is part.
Here, an ordinary day for an inmate in general population
might go as follows: breakfast at 6 a.m., early morning work call by 7:40 a.m., vocational training or continued work duty,
leisure time in the recreation yard, and two more meals, before it's back to a bland 84-square-foot cell by the time lights
go out at 10 p.m.
With an average confinement period of 10 years, inmates
at Coleman Federal Correctional Complex, the nation's largest federal prison facility, must adapt to a certain way of living
- work, education, recreation, thriftiness - that prison staff hopes will prepare them for the world to which they might eventually
return.
"Our prison is very reflective of the community," Bill Bechtold,
associate warden of U.S.P-2, said Wednesday during the first-ever media tour Coleman has conducted since opening in 1995.
Following a spate of recent bad publicity - staff smuggling
in contraband, the conviction of a correctional officer for violating an inmate's civil rights and contributing to his death
- Coleman employees hope to reinforce a positive message about the prison.
"Those people involved in those activities," Bechtold said,
"are not representative of the many great people here."
With a staff of about 1,300, Coleman is one of the largest,
if not largest, employers in Sumter County.
It's actively seeking to hire additional correctional officers,
especially medical personnel, to help supervise the 7,120 inmates it currently houses across four different facilities: a
low-security institution; a medium-security institution with adjacent satellite female work camp; and the two high-security
penitentiaries, known as U.S.P-1 and U.S.P-2.
With the exception of the female work camp, all inmates
are male, and the vast majority of their offenses are drug-related.
During the guided tour of U.S.P-1, led by a handful of associate
wardens and other staff, a scrubbed and smoothly functioning operation was on display: polished floors, immaculate hallways,
a GED class in session, colorful artwork on easels in a recreation room.
Even the general population inmates released into an enclosed
outdoor recreation yard, many sporting headphones, seemed to blend as naturally into the undisturbed calm as the beige on
their prison jumpsuits to the rural landscape.
Although both U.S.P-1 and U.S.P-2 have a segregated housing
unit reserved for the most violent, maximum-security offenders and for those who require protective custody, such areas were
not opened to the media Wednesday.
Subject to metal detection screening, media also were advised
not to participate in spontaneous interviews with inmates or correctional staff they happened to come across. No photography
was allowed.
At Coleman, each inmate is given a job assignment, in which
they can earn money to use at the prison commissary, for instance, to purchase things like snacks, aspirin, or personal hygiene
items, though these items are marked up 30 percent.
Depending on the pay grade, such jobs will net anywhere
between 12 cents to 40 cents an hour.
Coleman also offers an industries-oriented work program
- building office furniture, for instance - that nets higher salaries of 23 cents to $1.15 an hour.
Prison employees place a high emphasis on inmate productivity,
especially since it employs no outside contractors to perform maintenance work.
"We like to keep them busy because they stay out of trouble,"
said Steve Mora, associate warden at U.S.P-1.
Phil Geistfeld, who oversees educational services at Coleman,
added that the prison is "keeping these guys busy with something legitimate."
He noted that 42 percent of inmates are enrolled in at least
one educational or recreational program, such as an art or musical activity, and that 228 inmates obtained their GEDs in 2009,
while 447 completed some sort of vocational training.
This is a complex that serves 2,900 meals a day, and where
5,000 pieces of incoming mail are pre-screened daily. If anything is slight, it's the average daily number of visitors that
inmates receive, with Father's Day and Christmas being the busiest.
There are no plans to build an additional institution on
the 1,600-acre complex, although the inmate count has already reached official capacity, according to Bechtold. Still, he
said none of the facilities are so full as to be "packed to the gills."
If there is any one challenge over the next year that officials
say they hope to overcome, it's increasing staffing levels to sustain a high inmate population.
"They (the federal Bureau of Prisons) are locking up more
and more inmates but they're not hiring staff to equal it," said Jose Rojas, the new president of the local chapter of the
American Council of Prison Locals. "Of course that makes for a volatile cocktail."
Rojas, whose also teaches inmates at the Coleman prison,
said additional precautionary measures have been instituted over the last year.
He, too, rebuffed the notion that the Sumter County complex
is any more rife with staff misconduct than anywhere else in the nation.
"That's prison. Every now and again, there's cracks," he
said. "You'll always get folks that slide through the cracks. Hopefully those who do, get caught."
As Coleman seeks to burnish its image as a facility intent
on better preparing its inmates for life on the outside, all the while embracing a newfound philosophy of greater transparency,
it knows how it wants to do it.
As one of its staffers put it Wednesday, "Here at Coleman,
we take the attitude that we want to be good neighbors."
Mandatory Overtime = Sleep Deprivation
Remember that one little
question on your application process that stated, “Are you able to work mandatory overtime” and you marked yes
because you were excited to get into the system and started on your chosen career? Looking back do you ever wish you would
have marked NO? In no other profession is there such a high turnover rate requiring so much forced or mandatory overtime on
its personnel. It was not uncommon for the entire third shift officers to be mandated to stay for the entire first shift 5
days a week making for an 80 hour work week. 40 plus hours of overtime a pay period was the normal not the unusual and after
a while you began to hate telephone calls after 4:00 in the morning. I always wondered what the effects of the daily stress
and forced overtime did to a body.
From shift to shift the correctional officer is tasked with policing this violent institutional subculture.
Being subjected to this violent subculture on a daily basis is a stressor in the career and life of a correctional officer.
These stressors can cause the correctional officer to experience more health issues, have a shorter life span and on
average die at an earlier age than the average worker. Stress is not only harmful to the stressed officer or correctional
worker but is also difficult to the profession and to the lives of others working in the institution. Burned-out officers
frequently loose interest in their jobs, become passive instead of active in carrying out post and institutional orders, and
let things inmates do, go without consequence. Thus harmful incidents may occur that could have been avoided if handled properly
from the beginning.
Stress is not always a direct association of the inmate population. Other byproducts of the profession
can cause stress and impair functioning of the correctional officer. Shift Lag is one of these byproducts. Shift Lag is when
the stress and physiological fatigue of shift
work causes one to become irritable, experience impaired performance, and a feeling of being hypnotic both on the job
and in personal affairs
In a study published recently in the British journal Occupational and Environmental Medicine,
researchers in Australia and New Zealand report that sleep deprivation can have some of the same hazardous effects as being
drunk. Getting less than 6 hours a night can affect coordination, reaction time and judgment, posing “a very serious
risk.” Drivers are especially vulnerable, the researchers warned. They found that people who drive after being awake
for 17 to 19 hours performed worse than those with a blood alcohol level of .05 percent. That’s the legal limit for
drunk driving in most western European countries, though most U.S. states set their blood alcohol limits at .1 percent and
a few at .08 percent.
For correctional, in particular, current research has indicated a relationship between extended
shifts and generalized poor performance. Overtime often comes at the expense of sleep. A 1992 study, conducted by the American Journal of Public Health, found that nurses in Massachusetts who worked
variable schedules (including mandated overtime shifts) were twice as likely to report an accident or error and two-and-one-half
times as likely to notify supervisors of near miss accidents. With regard to healthcare professionals, sleep deprivation has
been implicated in deadly medication administration errors and decision-making processes during critical patient assessments.
Studies have shown that night shift workers have the highest incidence of
fatigue due to sleep deprivation.
Many correctional professionals will attest that sleep deprivation from shift work
may lead to occurrences that jeopardize not only themselves, but also other officers and inmates. Fatigue from long shifts
can reduce attention to detail, affecting critical thinking and performance. Although sleep is not cumulative, sleep deprivation
is. The more hours a person works, the longer it takes to complete a task. More mistakes are made, and alertness is markedly
decreased. In addition to reduced efficiency, sleep deprivation slows down recovery processes and impairs host defenses, increasing
susceptibility to infection. It influences the potential for developing other disorders as well. In particular, losing sleep
heightens the risk for type II diabetes, moodiness, and obesity. All these ailments will in turn lead to more call offs and
more need for mandatory overtime.
Shift working correctional officers affected by sleep deprivation experience
a greater incidence of diarrhea, constipation, ulcers, and heartburn. As if this were not enough, their risk of cardiovascular
disease is increased by to 50 percent. Women shift workers are more vulnerable to reproductive problems, from disrupted menstruation
and difficulty conceiving, to miscarriages and premature births. For example,
55% on midnights showed “elevated waist circumference,” more
than double the percentage found in the other 2 shifts. Half had sub-desirable levels of “good” cholesterol, compared
to 30% on days and 44% on afternoons, and 25% had high blood pressure, compared
to 15% on days and 9% on afternoons.
Getting six or fewer hours of sleep each night is just like being drunk. Consider
that most the legal blood alcohol content is .08. When you’ve been
up for 18 hours, studies show that you function as if your blood alcohol content
were .07. After 24 hours without sleep, you’re at 0.1 the same as a drunk driver. Now picture yourself after a 16 hour
mandated overtime from third shift to first. At that point, you’re fighting sleepiness, you’re more irritable,
and you have increased risk of accidents both at work and while driving. That is when you see people drinking a lot of caffeinated
beverages, popping out of their chairs at work more, using physical activity to keep themselves awake.
So administrators
you now have to calculate more than the financial cost of forced or mandatory overtime at your facilities. What would a legal
suit bring against your agency for an auto accident following an officers 16 hour shift of mandatory overtime? What about
the obvious policy violations overlooked by sleepy officers on the pod? Inmates love staff shortages because they then know
that there will be a new officer working their unit, who does not necessarily care what happens as long as the shift
goes off without a major incident. Staff shortages and mandatory overtime may be the number one complaint in corrections.
It is like a revolving door happening, the more overtime within an agency the more call offs it creates, the more staff resignations
and unplanned illnesses you have.
Healing Touch
Despite the often exemplary care given at most Veterans Affairs Department medical facilities, sometimes the best care
for a wounded warrior comes from a loved one. A provision tucked away in the fiscal 2010 Defense Authorization Act will make
it easier for federal employees and other workers to take time off to care for family members injured while on active duty.
The measure -- summarized in a Dec. 29, 2009, memorandum from Office of Personnel Management Director John Berry to agency
heads -- allows federal employees to take up to 26 weeks of unpaid leave annually through the 1993 Family and Medical Leave
Act to care for an injured veteran. To qualify, a veteran must be undergoing medical treatment or therapy for the injury,
and he or she must have served in the military within five years of the treatment.
The new law builds on a provision passed in the fiscal 2009 Defense Authorization Act, which granted leave to help care
for injured active-duty soldiers, by allowing time off to care for veterans as well.
"That's pretty significant," said Carl Bosland, a Colorado attorney who specializes in family and medical leave issues.
"There are a lot of vets out there."
The 2010 law also broadens the types of injuries that qualify for the leave to include existing injuries aggravated by
active-duty service.
In addition, the policy measure allows family members to take time off when active-duty troops are deployed to Iraq or
Afghanistan. This leave can used to spend more time with the soon-to-be deployed soldier and settle financial or family issues.
Previously, this benefit was available only to families of reservists called to certain types of duty.
Leave taken under FMLA -- whether for military care, medical issues, or the birth of a child -- is unpaid. But employees
who have saved up other types of paid leave can apply that to make up some of the lost wages.
OPM announces reorganization
The Office of Personnel Management announced on Tuesday a significant restructuring
of its divisions, changes that observers say could place a greater emphasis on senior executives, veterans and diversity hiring,
as well as OPM's oversight and compliance responsibilities.
The reorganization creates five
core divisions at OPM: employee services, retirement and benefits, merit system audit
and compliance, federal investigative services, and human resources solutions. Currently, OPM's organizational chart lists
13 offices, a setup Director John Berry called confusing and counterintuitive during a June 2009 meeting with agency employees.
"When the president nominated me for this job, I said, 'Let me see the [organizational]
chart,' and I sat down with it," Berry said at the meeting in which he promised a restructuring. "Ten minutes, 20 minutes,
30 minutes [later], I still couldn't tell you [what the agency was focusing on]."
Some of the biggest changes will be the new employee services division, to be led by Nancy
Kichak, who currently heads OPM's strategic human resources policy division. Kichak will oversee the work of the agency's
deputy chief human capital officer, and offices specifically dedicated to recruitment and diversity issues; pay and leave
policy; executive resources and employee development; partnership and labor relations, and support for agencies and the veterans
they hire.
"I think what John Berry is telegraphing here, and I don't disagree, is there is a benefit
for these public policy programs to have a champion, someone whose job it is to be concerned about veterans affairs, someone
whose job it will be to oversee everything related to the Senior Executive Service, and equal opportunity employment, and
labor relations," said John Palguta, vice president for policy at the nonprofit Partnership for Public Service.
OPM announced in August that it would create an office dedicated to the SES, replacing the one disbanded in a 2003 reorganization.
And the creation of veterans- and diversity-specific offices reflects the emphasis Berry has placed on federal hiring of veterans and increased diversity in federal
employment.
Carol Bonosaro, president of the Senior Executives Association, praised the reorganization
but cautioned that implementing the details would be important.
"I'm pleased that the director has re-established a focal point for the federal career
executive corps, though we would have preferred to see a stand-alone office," she said. "The policy issues and unmet needs,
which can and should be addressed, are substantial, so it remains to be seen whether the Executive Resources Office receives
the resources it will need to make a real difference."
Palguta said the creation of the merit system audit and compliance division as a discrete
entity would sharpen OPM's oversight efforts. The new division will be led by Jeff Sumberg, who is currently the deputy associate
director responsible for the Center for Merit System Accountability. The previous division, called human capital leadership
and merit system accountability, was "kind of a strange mix," Palguta said.
Berry credited OPM employees, particularly Michelle Tolson, president of the American
Federation of Government Employees local that represents OPM workers, for making the reorganization possible.
"Now, all of OPM's customers -- both internal and external -- will know exactly where
to go for answers," Berry said in a statement.
Federal agencies must post public data online
The White House released a series of wide-ranging mandates Tuesday designed to make agencies more transparent and cooperative
in the public's requests for information about the inner workings of government.
Among other things, federal agencies have until the end of January to post three "high-value" data sets on Data.gov, the online home of such government information.
The Open Government Plan delivers a victory to open-government groups that have long sought to transform how the government
presents and shares information with the public.
The plan says that agencies must publish information online in a timely manner and present their data in a Web-friendly
format that is available to download. Agencies with significant backlogs of Freedom
of Information Act requests will have to reduce that number of requests by 10 percent each year.
Peter Orszag,
director of the Office of Management and Budget, said he expects that federal agencies and
departments will comply.
"Failure to follow through on this will generate displeasure from the White
House and the president," he said in an interview. "I don't think we've had a problem with Cabinet secretaries embracing clear directives from the president."
Orszag's team spent months meeting with government officials and good-government groups after President Obama ordered on his first full day
in office a review of the government's transparency and openness efforts.
"The results appear to be well worth the wait," said Gary D. Bass, executive
director of OMB Watch, one of several groups that pushed for transparency reforms.
"The key will be how the public, the White House and federal agencies
work together in implementing the directive," Bass said.
Ellen Miller, executive director and co-founder of the Sunlight Foundation
in Washington, said that the new orders demonstrate "the seriousness of
the administration's commitment to data transparency and citizen engagement. It is evidence that the administration recognizes
that transparency is government's responsibility."
Orszag said that the Internet has made government transparency efforts much easier. Although an agency could require that
people visit their offices to review public records, he said, that would be "much less transparent than posting something
on a Web site."
"Ease of access is part of transparency," Orszag said.
Obama Tells Prison to Take Detainees
WASHINGTON — In ordering the federal government to acquire an Illinois prison to house
terrorism suspects who are currently held at Guantánamo Bay,
Cuba, President Obama on Tuesday took a major step toward
shutting down the military detention facility that its detractors say had become a potent recruitment tool for Al Qaeda.
But even before White House officials had released a letter informing Gov. Patrick
J. Quinn of Illinois of the plans to send a “limited number” of Guantánamo detainees
to the Thomson Correctional Center, an empty super-maximum-security prison in northwestern Illinois, Republicans were gearing
for what could be an emotional fight on Capitol Hill.
“The administration has failed to explain how transferring terrorists to Gitmo North will
make Americans safer than keeping terrorists off of our shores in the secure facility in Cuba,” Mitch McConnell of Kentucky, the Senate Republican leader, said in a statement. Representative
John A. Boehner of Ohio, the House Republican leader,
told reporters he would not vote to “spend one dime to move those prisoners to the U.S.”
Administration officials acknowledged that the move would require Congressional approval, since
Congress now bars Guantánamo detainees from being brought onto American soil unless they face prosecution, and some of the
detainees may be indefinitely confined without being tried. But one administration official said that Democrats, who control
both houses, were planning to lift that restriction if the administration came up with an acceptable plan for closing the
military prison at Guantánamo.
Mr. Obama declared shortly after his inauguration that he would close the facility — a
signature component of the Bush administration’s counterterrorism policy — within a year. But dealing with the
detainees at the prison has proved difficult, and he has acknowledged that he will most likely miss that deadline.
The officials, speaking on grounds of anonymity under White House rules, said that they had
not yet determined how many Guantánamo detainees would be sent to Thomson, nor have they set a timetable for moving them there.
But several administration officials put the probable number of transferred detainees at about 100.
There are currently about 210 detainees at Guantánamo, administration officials said. Since
Mr. Obama took office, about 30 inmates have been transferred to other countries, and administration officials have said they
hope that 100 more prisoners may also be sent overseas.
The officials said they plan to prosecute more than 40 of the remaining detainees in either
military or civilian courts. Five have already been designated to face military commissions and five will be tried in civilian courts, including Khalid Sheikh
Mohammed, the chief planner of the 2001 attacks, who will face trial in New York.
As many as several dozen prisoners would be held in indefinite detention in a category the Obama
administration refers to as “law of war” detainees — those deemed ineligible for prosecution but too dangerous
to release. Though the administration has not yet identified who would be included in that category, lawyers for many of the
detainees have filed habeas corpus petitions in federal
court challenging their detention.
Addressing critics’ concerns that those prisoners could be freed inside the United States,
administration officials said that if any of the habeas appeals succeeded, the detainees would be transferred out of the country
or brought to trial.
White House officials said moving terrorism suspects to Illinois would not put Americans at
risk. They walked through a list of upgrades that the Thomson prison will get — an additional security perimeter among
them — and added that the move would also bring an additional 3,000 jobs.
Most of the prison would house ordinary high-security inmates, but a part would be leased to
the Defense Department to hold the terrorism suspects. Administration officials said in a conference call with reporters that
the two parts of the facility would be managed separately.
In the letter to Governor Quinn, the administration promised that federal inmates at Thomson
would not interact with Guantánamo detainees.
“Not only will this help address the urgent overcrowding problem at our nation’s
Federal prisons, but it will also help achieve our goal of closing the detention center at Guantánamo in a timely, secure,
and lawful manner,” said the letter, signed by Secretary of State Hillary Rodham Clinton, Defense Secretary Robert M. Gates,
Director of National Intelligence Dennis Blair and Attorney General Eric H. Holder Jr.
It was not immediately clear how the government would pay for the prison and the required upgrades,
but White House officials have floated the idea of including financing for it in the 2010 military appropriations bill.
The decision to move the detainees to the United States generated criticism from both sides
of the political aisle. Senator John Cornyn, Republican
of Texas, called it “deeply troubling” in a statement. “This move will put our citizens in unnecessary danger,”
he said, “and that is unjustifiable and unacceptable.”
From the left, Amnesty International was equally critical. “The only thing that President Obama is doing with this announcement is changing the ZIP
code of Guantánamo,” said Tom Parker, Amnesty International USA policy director.
“The detainees who are currently scheduled to be relocated to Thomson have not been charged
with any crime,” Mr. Parker said. “In seven years, the U.S. government, including the C.I.A. and F.B.I.,
have not produced any evidence against these individuals that can be taken into a court of law.”
Earlier proposals to move detainees to Kansas, Michigan and South Carolina have been rejected
by local political leaders. The difficulty in finding a place to move them is a significant reason the Obama administration
has been unable to keep Mr. Obama’s pledge to close the Cuban prison by next month.
Earlier this year, lawmakers barred the Obama administration from releasing any Guantánamo prisoners
into the country. More recently, Congress kept in place the ban on releasing them in the United States, but authorized transfers
for prosecution to military or civilian courts, though it required a 45-day notice of all such moves.
President Obama gives feds half day off on Christmas
Eve
By Tom ShoopDecember 12, 2009
President Obama ordered late Friday that all federal agencies close for the last half of the
work day on Thursday, Dec. 24, to give employees a jump on the Christmas holiday.
In an executive
order, Obama also noted that the heads of departments and agencies may determine
that "certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees
must remain on duty for the full scheduled workday" on Christmas Eve.
Traditionally, presidents grant employees an extra day of vacation when Christmas falls on Tuesday
or Thursday. This year it is on a Friday.
Last year, when Christmas fell on a Thursday,
President Bush ordered executive branch agencies to close on the next day, Friday, Dec. 26, giving
most federal employees a four-day weekend over the Christmas holiday.
The last time Christmas fell on a Friday, in 1998, President Clintongave federal workers a half day off. At that time, a White House spokesman said the half day was something of a tradition in years when Christmas falls
on a Friday.
In 2002, when Christmas fell on a Wednesday, Bush gave federal workers a half day of vacation
on Tuesday.
TODAY: Senior Administration Officials to Hold Background Briefing
Call on Decision to Acquire Thomson Correctional Center;
Quinn, Durbin to be Briefed at the White House
WASHINGTON – Today, senior administration officials will
hold a background briefing call with reporters to discuss the administration’s
decision to acquire Thomson Correctional Center in Illinois to house federal
inmates and a limited number of detainees from Guantanamo Bay , Cuba .
Today, the Secretaries of State, Homeland Security, and Defense, the Director of National
Intelligence, and the Attorney General wrote to Illinois GovernorPat Quinn announcing the administration’s
decision. Today’s announcement marks an important step towards
closing Guantanamo, which will protect our national security and help American
troops by removing a deadly recruiting tool from the hands of al Qaeda.
This afternoon, Governor Pat Quinn and Senator Dick Durbin will be briefed at the White House about the decision by General
James Jones, National Security
Advisor; William Lynn, Deputy Secretary of Defense; and Harley Lappin,
the Director of the Federal Bureau of Prisons.
The meeting will be closed press but there will be a stakeout immediately
following the meeting.
Details about the background call and the stakeout are
below.
BACKGROUND BRIEFING CALL WITH REPORTERS
WHO: Senior Administration
Officials
WHAT: Background Briefing call on
the Administration’s Decision to Acquire Thomson Prison
WHEN: TODAY, 1:00 pm ET
Call in:
(800) 288-8976
Note: This
call is NOT embargoed.
STAKEOUT WITH GOVERNOR QUINN,
SENATOR DURBIN, ADMINISTRATION OFFICIALS FOLLOWING WHITE HOUSE MEETING ON
THOMSON
WHO: Illinois Governor
Pat Quinn
Senator Dick Durbin
General James Jones, National Security
Advisor
William Lynn, Deputy Secretary of Defense
Harley Lappin, Director of the Federal Bureau of Prisons
WHAT:
Stakeout following briefing on Thomson prison
WHEN: TODAY, 3:15 pm ET
WHERE: Stakeout location outside of West Wing
Note: Press needing access to the White House to cover the stakeout must send their
vital information and RSVP to media_affairs@who.eop.gov by 1:30 pm ET today.
Rural Ill. prison to house some Gitmo detainees
Decision is key step to closing Cuba facility; town hopes for jobs boon
WASHINGTON - Taking
an important step on the thorny path to closing the U.S. detention facility at Guantanamo Bay, Cuba, the White House plans to announce Tuesday that the government will acquire an underutilized state
prison in rural Illinois to be the new home for a limited number of terrorist suspects held at Guantanamo.
Administration officials
as well as Illinois Sen. Richard Durbin and Illinois Gov. Pat Quinn will make an official announcement at the White House.
Officials from both
the White House and Durbin's office confirmed that President Barack Obama had directed the government to acquire Thomson Correctional Center in Thomson, Ill., a sleepy town near the Mississippi River about 150 miles from Chicago. The officials
spoke on the condition of anonymity to avoid pre-empting Tuesday's announcement.
A Durbin aide said
the facility would house federal inmates and no more than 100 detainees from Guantanamo Bay.
The facility in Thomson
had emerged as a clear front-runner after Illinois officials, led by Durbin, enthusiastically embraced the idea of turning
a near-dormant prison over to federal officials.
The White House has
been coy about its selection process, but on Friday a draft memo leaked to a conservative Web site that seemed to indicate
officials were homing in on Thomson.
The Thomson Correctional
Center was one of several potential sites evaluated by the Federal Bureau of Prisons to potentially house detainees from the
Navy-run prison at Guantanamo Bay. Officials with other prisons, including Marion, Ill., Hardin, Mont., and Florence, Colo.,
have said they would welcome the jobs that would be created by the new inmates.
Closing Guantanamo
is a top priority for Obama, and he signed an executive order hours into his presidency directing that the process of closing
the prison begin. Obama has said he wants terrorism suspects transferred to American soil so they can be tried for their suspected
crimes.
The Thomson Correctional
Center was built by Illinois in 2001 as a state prison with the potential to house maximum security inmates. Local officials
hoped it would improve the local economy, providing jobs to a hard-hit community. State budget problems, however, have kept
the 1,600-cell prison from ever fully opening. At present, it houses about 200 minimum-security inmates.
Obama has faced some
resistance to the idea of housing terrorism suspects in the United States, but in Thomson many have welcomed the prospect
as a potential economic engine. Thomson Village President Jerry Hebeler, was asleep when the word came that Thomson had been
chosen.
"It's news to me,
but then I'm always the last to know anything," Hebeler said Monday night of the news affecting his town of 450 residents.
"It'll be good for the village and the surrounding area, especially with all the jobs that have been lost here."
But Hebeler said
he wouldn't rejoice until "the ink is on the paper" because previous plans for increased use of the nearly empty prison have
fallen through.
Some Illinois officials
have not supported the idea. GOP Rep. Mark Kirk, who is seeking Obama's old Senate seat, said he believes moving Guantanamo
detainees to Illinois will make the state a greater threat for terrorist attacks. Kirk has lobbied other officials to contact
the White House in opposition to using the facility.
To be sure, Thomson
will not solve all the administration's Guantanamo-related problems. There still will be dozens of detainees who are not relocated
to Thomson, other legal issues and potential resistance from Congress.
Thomson is a symbolic
step, however, a clear sign that the United States is working to find a new place to hold detainees from Guantanamo.
President Barack Obama owes a lot to the unions. It’s no secret that labor spent
massively on his behalf during the presidential election last year and directed a tsunami of voters to the polls. Union foot
soldiers helped make the difference for him in places like Ohio and other hard-hat-rich swing states. While the president
has already moved on several union-friendly initiatives, time is running out on what may be a one-time opportunity to pass
a cherished labor goal, the Employee Free Choice Act.
But the president faces a conundrum. To get EFCA passed, he must lean on some of the same politically imperiled
moderate Democratic Senators he’s pressuring now to approve a health care overhaul — and whose votes may be needed
for climate change legislation as well.
By soliciting their support for EFCA, he will expose himself and them to an all-hands-on-deck campaign —
teeming with negative ads — from the business community.
Little could be closer to the hearts of union leaders than the “card check” bill, which labor
leaders view as an act of simple justice that would also grow their membership by making it easier unionize workplaces. With
a Democratic president and Democrats in control of both the House and the Senate, union operatives want a vote ASAP, before
the political season heats up. The game is in the Senate, where EFCA backers are probably just a few votes short of the 60
they need to overcome a filibuster.
Top union officials say they believe Senate leaders are willing to move on card check early next year, after
Congress acts on the health bill and a jobs bill. They expect Obama to help make the fight.
“Obviously it’s a priority for us,” one veteran union operative said. “We’re
going to say to the White House, ‘Remember when you said you would do EFCA when health care is done? Well, now health
care is done.’”
Obama’s commitment to the legislation was spelled out in an appearance before the AFL-CIO in Philadelphia
on April 2, 2008, when he was still slugging it out with then-Sen. Hillary Rodham Clinton (N.Y.) for the Democratic presidential
nomination.
“If a majority of workers want a union, they should get a union, it’s that simple,” Obama
said. “Let’s stand up to the business lobby that’s been getting their friends in Washington to block card
check. I’ve fought to pass the Employee Free Choice Act in the Senate. And I will make it the law of the land when I’m
president of the United States of America.”
Labor officials have been in intensive discussions with Senate Democratic leaders about the issue. According
to one labor source, union presidents will huddle with Majority Leader Harry Reid (D-Nev.) on Wednesday, and card check, along
with the health care bill now on the Senate floor, will be on the agenda.
Democratic aides seem unsure of the timing for the bill, despite the expectations of labor sources.
There will be an “awful busy start to next year,” a senior Democratic leadership aide said. The
unions “have a long list of ideas that they want,” he said.
Reid’s office was not willing to publicly commit to a date. “The Employee Free Choice Act remains
a top priority for Senator Reid, but he has not scheduled any specific time to begin debating the bill,” a Reid spokesman
said.
Sen. Sherrod Brown (D-Ohio), a liberal who is close to the unions, said he thought a measure could get through
early in the year, asserting that Democrats need “only one or two votes” to get to 60.
One of those votes is Sen. Blanche Lincoln (D-Ark.), a moderate facing a tough battle for re-election. Obama
must have her support to pass health overhaul — a difficult vote for her — and he will be stretching her even
further politically by asking her to support card check.
Business lobbyists will focus on her and others they may be able to pick off, and they plan to play hardball.
“We will take no prisoners when it comes to lobbying the Senators we need to lobby, and they know who
they are,” said Randel Johnson, chief labor lobbyist for the U.S. Chamber of Commerce. “The business community
will go to the mat on the Employee Free Choice Act whenever it is scheduled,” he said.
Business officials believe they have a wider target than the “one or two” votes seen by Brown.
Included along with Lincoln on the list are Democratic Sens. Mary Landrieu (La.), Mark Pryor (Ark.) and Ben Nelson (Neb.).
White House officials declined to comment.
“The expectation is that the White House will support this,” one top union lobbyist said.
Statements by OPM and OMB
on President Obama's Signing of an Executive Order Creating Labor-Management Forums to Improve Delivery of Government Services
From U.S. Office of Personnel Management Director John Berry
"Today, President Obama launched a new era of relations between workers and managers inside the Federal government.
His Executive Order Creating Labor-Management Forums to Improve Delivery of Government Services signals a new day for
collaboration and cooperation within government. By directing all agencies to sit down with their elected labor representatives,
we are restarting a collaborative process begun under the Clinton administration that yielded concrete improvements in agency
performance.
"I look forward to serving as a co-chair of the strong new National Council on Federal Labor-Management
Relations created by the executive order. This Council will work with leaders from the labor and manager communities
and the Office of Management and Budget to ensure that agencies and managers fully involve their workers and the workers'
elected representatives throughout decision-making processes. Together, we will create work environments where everyone
is heard and the best ideas for making government work better are brought to the fore and put into action.
"Our workers are our greatest asset, and we must unleash their energy and creativity to overcome the great
challenges our nation faces. This executive order begins to accomplish that goal by creating new space for collaboration
and cooperation between Federal workers and managers."
From Jeffrey Zients, Federal Chief Performance Officer and Deputy Director for Management at the White
House Office of Management and Budget
"The President is committed to shaping the federal government to be more effective and efficient in providing
services to the American people. A key component of this effort is improving how labor and management work together.
The National Council on Federal Labor-Management Relations and the affiliated forums at federal agencies will provide venues
for all sides to work toward a stronger, more effective federal government.
"I look forward to co-chairing the Council with Director Berry and advancing the President's priorities."
For feds, more get 6-figure salaries
By Dennis Cauchon, USA TODAY
The number of federal workers earning six-figure
salaries has exploded during the recession, according to a USA TODAY analysis of federal salary data.
Federal employees making salaries of $100,000
or more jumped from 14% to 19% of civil servants during the recession's first 18 months — and that's before overtime
pay and bonuses are counted.
Federal workers are enjoying an extraordinary
boom time — in pay and hiring — during a recession that has cost 7.3 million jobs in the private sector.
The highest-paid federal employees are doing
best of all on salary increases. Defense Department civilian employees earning $150,000 or more increased from 1,868 in December
2007 to 10,100 in June 2009, the most recent figure available.
When the recession started, the Transportation
Department had only one person earning a salary of $170,000 or more. Eighteen months later, 1,690 employees had salaries above
$170,000.
The trend to six-figure salaries is occurring
throughout the federal government, in agencies big and small, high-tech and low-tech. The primary cause: substantial pay raises
and new salary rules.
"There's no way to justify this to the American
people. It's ridiculous," says Rep. Jason Chaffetz, R-Utah, a first-term lawmaker who is on the House's federal workforce
subcommittee.
Jessica Klement, government affairs director
for the Federal Managers Association, says the federal workforce is highly paid because the government employs skilled people
such as scientists, physicians and lawyers. She says federal employees make 26% less than private workers for comparable jobs.
USA TODAY analyzed the Office of Personnel Management's database that tracks salaries of more
than 2 million federal workers. Excluded from OPM's data: the White House, Congress, the Postal Service, intelligence agencies
and uniformed military personnel.
The growth in six-figure salaries has pushed
the average federal worker's pay to $71,206, compared with $40,331 in the private sector.
Key reasons for the boom in six-figure salaries:
• Pay hikes. Then-president
Bush recommended — and Congress approved — across-the-board raises of 3% in January 2008 and 3.9% in January 2009.
President Obama has recommended 2% pay raises in January 2010, the smallest since 1975. Most federal workers also get longevity
pay hikes — called steps — that average 1.5% per year.
•New pay system. Congress created
a new National Security Pay Scale for the Defense Department to reward merit, in addition to the across-the-board increases.
The merit raises, which started in January 2008, were larger than expected and rewarded high-ranking employees. In October,
Congress voted to end the new pay scale by 2012.
• Paycaps eased.
Many top civil servants are prohibited from making more than an agency's leader. But if Congress lifts the boss' salary, others
get raises, too. When theFederal Aviation Administration chief's salary rose, nearly 1,700 employees' had their salaries lifted above $170,000, too.
U.S. Attorney General Goes to N.Y. for Meetings on 9/11 Trials
Amid significant concern about security arrangements for the trial of Khalid Shaikh Mohammed, Attorney GeneralEric
H. Holder Jr. made an unannounced visit on Wednesday to federal prosecutors and law enforcement
officials in New York.
Mr. Holder went to the Metropolitan Correctional Center, the United States attorney’s office
and the adjacent federal court in Lower Manhattan, where Mr. Mohammed, who is accused of being the mastermind behind the Sept.
11 attacks, and four other 9/11 detainees will be tried, just blocks from where the World Trade Center once stood.
He met with security officials, including Raymond W. Kelly,
the city’s police commissioner, and Joseph M. Demarest Jr., the assistant director in charge of the F.B.I.’s New York office, “to discuss coordination, cooperation and security for the potential upcoming
trials of the 9/11 terrorists,” said Special Agent Richard Kolko, an F.B.I. spokesman in New York.
Mr. Holder’s visit, and the range of people he huddled with, reflected the government’s
seriousness in approaching the as-yet-unscheduled trials and their potential to wreak havoc on a city battered by terrorism
plots, successful and not.
Once the Justice Department announced on Nov. 13 that it was bringing its case to Manhattan, the Police
Department began formulating plans for “security around the venue itself, and protection of the city,” including
its bridges, transit system and landmarks, said Paul J. Browne, the Police Department’s chief spokesman.
William T. Morris, a deputy chief in the department’s Criminal Justice Bureau, is collecting
information for Mr. Kelly from sectors like the Intelligence Division and the Counterterrorism Bureau, which oversees the
more than 100 detectives assigned to work with the F.B.I. on the Joint Terrorism Task Force.
There will be the usual physical security elements, including roadway checkpoints, patrol officers
in the streets and snipers on rooftops. There will be unseen elements, too: plainclothes officers mingling with crowds. Protection
for the prosecutors, witnesses and the judge will also be factored in, officials said.
While the entire operation will be similar to the deployment for a New Year’s
Eve celebration, the difference this time is it will have to be sustained over months or more,
officials said.
Mr. Kelly has told the Justice Department that the costs for security operations, including paying
officers’ overtime, are expected to exceed the initial minimum estimate of $75 million.
When Senator Charles S. Schumer asked Mr. Holder in a Nov. 18 hearing in Washington if he would recommend
that the president include money in the federal budget for the city’s
extra security costs, the attorney general said, “New York should not bear the burden alone.”
On Wednesday, Mr. Holder also met with officials from the federal Bureau of Prisons, the United States
Marshals Service and federal prosecutors from Virginia, where Zacarias Moussaoui
was sentenced to life in prison in 2006 for his role in the Qaeda conspiracy.
“He was in New York to meet with the prosecution team working on the 9/11 case,” Matthew
A. Miller, a spokesman for Mr. Holder, said after the meetings. “There is broad agreement that we can safely and securely
hold these trials.”
Federal inmate killed during fight at W.Va. prison
A federal prison in northern West Virginia remains locked down a day after an inmate was fatally stabbed
during a fight.
Rodney Myers, a spokesman for the U.S. Penitentiary at Hazelton, said 26-year-old inmate Jimmy Lee Wilson
was pronounced dead at 7:30 p.m. Sunday. The lockdown remained in effect Monday evening.
Guantanamo Bay: depressed US towns battle to house detainees in 'Gitmo North'
Several blighted US towns are battling for the right to host Guantanamo Bay terror detainees in their own
backyards in an unusual case of reverse "nimbyism".
The strategy of requesting the Islamic extremists accused of some of the world's worst atrocities, including
the attacks of Sept 11 2001, as neighbours may seem perverse.
But local officials hope they will land a bonanza of jobs and investment by offering up their empty prisons
as President Barack Obama tries to close the infamous prison camp, on a US naval base on Cuba nicknamed "Gitmo".
In the process, they have thrust themselves on to the frontline of a fierce national debate as Republicans
accuse the Obama administration of endangering national security with plans to house and try terror suspects on US soil.
Amid the watermelon fields along the banks of the Mississippi River, the Illinois village of Thomson - down
to about 450 residents after business and stores closed - has emerged as a strong contendor for "Gitmo North".
Federal officials last week visited an almost empty high-security 1,600-cell prison there that has rarely
housed any inmates since it was completed for $128 million in 2001. The Bureau of Prisons and Department of Defence would
upgrade it to the standards of a "supermax" - as the country's most secure federal jail is called - if it is chosen.
The state's Democratic governor and senior senator have said that the moving the prisoners there could create
more than 3,000 jobs in the area - including 900 at the prison itself. htat sounds highly attractive to many residents. "We're
hurting here, hurting bad," said village president Jerry Hebeler.
But Republicans have raised the spectre of attempted rescues of inmates by fellow Islamisists and retaliatory
attacks on the skyscrapers and airport of Chicago, 150 miles to the west, as well as disputing the benefits for local coffers.
Federal officials have also visited a prison about to close in the economically-striken Michigan city of Standish,
where the jobless rate stands at 18 per cent. Michael Moran, the city manager, has little time for those opposed to re-locating
Guantanamo detainees. "We already have unemployment figures of the level of the Great Depression and we are losing the jobs
of 500 prison guards and yet we still get some people trying to stoke up fears," he told The Sunday Telegraph.
"I am a former corrections officer and a former military policeman and I am sure that there are no security
fears. It's unfounded scaremongering."
In Big Horn County in Montana, officials in Hardin are proposing their pristine new detention centre - empty
for two years - as an ideal site to locate the prisoners, arguing that their remote location in "cowboy country" is another
plus. Unemployment here is above 10 per cent.
And another Illinois town, Marion, has also made a bid for the detainees. "Bring them on," said Mayor Robert
Butler, hoping to reduce an unemployment rate just below 10 per cent.
Florence, home to the country's only current federal "supermax", has made a pitch too. But the prison would
probably only have space for the "worst of the worst" - such as self-confessed 9/11 mastermind Khalid Sheikh Mohammed, who
is due to be put on trial in New York - as it already houses the likes of British "shoe bomber" Richard Reid, the Unabomber
Theodore Kacynski, and other convicted Islamic terrorists.
Mr Obama admitted publicly last week that the deadline he set for closing Guantanamo Bay - Jan 22 2010, a
year after he took office - will be missed. One of the prime problems has been overcoming opposition in Congress to moving
detainees to the US mainland, so selecting an appropriate site is key to his strategy.
The camp is currently home to about 215 prisoners. If Mr Obama has his way, up to 100 could be transferred
for detention and later trial in the US, while the remainder would be cleared for transfer overseas, so long as countries
willing to accept them can be found.
As the debate rages, the residents of the competing towns are not the only interested parties - so are the
detainees in Cuba, for they know one thing is certain if they are moved. Their conditions will be a lot less comfortable,
and not just because of less clement climes of the main contendors for Gitmo North.
For while Guantanamo Bay may be the world's most notorious prison, life behind the barbed wire there has never
been better.
During a recent visit, the DVD in the recreational room was loaded with Spiderman 3, ready for an afternoon
viewing, while others detainees prepared to play football outside on a pitch built at their request Lunch was served with
the usual daily choice of six menus, all Middle Eastern and following halal rules of preparation. Fresh supplies of dates,
olive oil, honey and pita bread are also on offer.
Detainees spend at least two hours out in the Caribbean sun every day and have access to a library of 16,000
books, 1,600 magazines and 300 DVDs - Agatha Christie is surprisingly popular, although tomes on the Islamic faith are in
most demand. In every cell there is an arrow pointing towards Mecca, a prayer rug and beads; there is one medical member of
staff for every three detainees, After it was opened in Jan 2002 by then president George W Bush to receive suspected members
of al-Qaeda and the Taliban, Guantanamo quickly bacame a symbol of detainee abuse and detention without charge and a stain
on America's reputation.
Now, incredible though it may sound, camp officials say that hardcore detainees, who are certain they will
never be free men, would rather stay in Guantanamo than spend a life sentence, or years waiting for execution, in the US.
"They know there will not receive the same privileges as here," Zak, an Arab American appointed in 2005 to
liaise with the exclusively Muslim detainees, told The Sunday Telegraph. "Given the choice of being sentenced forever in Guantanamo
or moved to supermax, it is 'No, can I stay in Gitmo?'. Here they can be outside, they can smell the sea."
By contrast, prisoners at the Florence "supermax" spend 22½ hours a day in a 9ft by 9ft cell. The only natural
light comes from a 4in by 4ft window that only shows the sky, in order to prevent the prisoner from knowing his specific location
within the complex. Exercise time is strictly limited.
It took years for the Pentagon to grasp what damage conditions at Guantanamo were doing to America's reputation.
But Adm Thomas Copeman, the detention centre's commander, now confidently describes it as a "model detention facility".
Peter King, a Republican congressman who visited earlier this year and wants Mr Obama to keep the faciltiy
open, said that "if there's any scandal at Guantanamo, it is that the detainees are treated too well". It is, he complained
"a Club Med for terrorists".
Federal plan could bring 3,000 jobs to Thomson area
THOMSON, Ill. — When the Savanna Army Depot closed in 2000 and took 450 federally
funded jobs with it, the jobs were supposed to be replaced with jobs from a new state prison to be built on the site.
Instead, the prison was built down the road in Thomson, and most of the jobs have never been created
because the prison has been sitting mostly vacant since its completion in 2001.
Diane Komiskey, executive director of the Jo-Carroll Depot Local Redevelopment Authority, said a proposal
to sell the Thomson prison to the federal government for use as a federal penitentiary and terrorist detainee operation would
mean the return of federal dollars — and much-needed jobs — to the area, bringing the closing of the Army depot
full-circle.
“And it is long past time to close that circle,” she said.
The Obama administration has estimated that the plan could create more than 3,000 jobs and have an
economic impact of $1 billion over four years.
Up to 1,500 military and civilian Department of Defense employees would be part of the detainee operation,
and the Federal Bureau of Prisons would have 800 to 900 people running the federal side of the prison. Beyond that, more jobs
could be created through businesses that will serve the prison and the employees who move to the area to work and live.
Komiskey said federal officials expect prison employees would live within a one-hour radius of the
prison, which includes several cities in Illinois and Iowa, including the Quad-Cities.
In addition to jobs created by increased demand for goods and services in those communities,
the prison also could create more jobs by contracting with local businesses for services such as food delivery, building
supplies, office supplies, waste removal, equipment maintenance and specialty medical services, said Ed Ross, a spokesman
for the Federal Bureau of Prisons.
Jonathan Whitney, publisher of Thomson’s local newspaper, The Carroll County Review, said while
he expects most of the employees who would come to work at the prison will live in other communities, enough may relocate
to Thomson to provide a boost to local restaurants, gas stations or service businesses.
He said he does not expect a major development of new businesses or a change to Thomson’s small-town
atmosphere.
“The way of life here won’t be destroyed,” he said.
Dawn Burkholder, owner of Dian’s Original Grooming, said she has a real estate license she hasn’t
had much use for in Thomson in recent years.
She said the jobs created by the opening of the prison would benefit her dog-grooming business and
the real estate business and she did not agree with those who oppose the prison plan because of concerns about safety.
“Let’s face it, this area needs the jobs,” she said. “It would be silly not
to embrace employment in this area.”
Bruce Thomas, district manager for Allied Waste Services in Clinton, Iowa, said his company already
has a waste removal contract with the Thomson Correctional Center, which currently houses 200 medium-security prisoners for
the state. He said it was difficult to estimate how much more business his company would get if it is awarded a contract to
serve the prison if the federal government takes over.
The city of Pekin has benefited from the federal prison located there, said Bill Fleming, executive
director of the Pekin Area Chamber of Commerce.
Fleming said the prison, which includes a medium-security unit for men and a minimum-security unit
for women, has been a good corporate partner with the city since it opened in 1994.
While some politicians and local residents have expressed concern about the Thomson prison plan to
send terrorism suspects from Guantanamo Bay, Cuba, to the Thomson prison, Fleming said Pekin residents also expressed concerns
about the safety before the prison there was built.
“(Now), I don’t think you could find a person in town who would think it was a bad thing,”
he said.
Doug Wiersema, president and CEO of the Rock Falls Chamber of Commerce, said opening the Thomson prison
could have economic benefits in his city, particularly for businesses that could bid for contracts with the prison. Wiersema
said he was dismayed at how some politicians have reacted to the plan.
“The disappointment in this whole thing is that this has become one more political football,”
he said. “Quite honestly, that stinks. That’s why nothing gets done in this country.”
Several economic development leaders in the area said they think they have adequate housing in the
area to support any increase in need, while Komiskey said there is land at the former Army Depot site suitable to build housing,
commercial or industrial developments needed to support the prison.
Steve Clark, chief of the master planning division at the Rock Island Arsenal, said any military personnel
stationed at the prison would be eligible to participate in an Arsenal program that leases homes in the community for military
personnel to use.
Clark said the Arsenal leases about 50 homes in the Iowa and Illinois Quad-Cities, more than enough
to meet its current needs.
Komiskey said she asked federal officials who visited Thomson recently if there was anything the community
needed to support the prison that didn’t already exist and was told the community has everything the prison would need.
She said talk of the jobs and money the federal takeover of the prison would bring to the community
has created an “exciting time,” she knows nothing has been decided yet.
“I’m urging people to be cautious,” she said.
Projected economic impact of federal prison plan
Within three years, the plan could create 3,170 to 3,870 jobs in a seven-county area — Carroll, Whiteside,
Jo Daviess, Lee and Rock Island counties in Illinois and Clinton and Jackson counties in Iowa.
About 80 percent of the jobs created by the prison would be in Illinois.
The Department of Defense would operate 25 percent of the facility and employ 1,000 to 1,500 people. One-third
of those would be civilian government employees or private contractors earning $80,000 to $90,000 per year. The rest would
be military personnel. The Department of Defense expects few of its direct-hire employees will come from the local area.
The Federal Bureau of Prisons would operate 75 percent of the facility and have 900 employees, half of them
corrections officers. Corrections officers are expected to earn $82,000 in the first year, including benefits. Other staff
would earn about $93,000 in the first year.
The Department of Defense projects there would be about 200 outside visitors at the facility on any given
day, including attorneys and media. The Bureau of Prisons projects about 100 visitors per day once the facility is fully operational
in its third year. The visitors are expected to inject $3 million a year into the local economy.
Durbin to host briefing on sending Guantanamo detainees to Illinois
Senate Majority Whip Dick Durbin (D-Ill.) will host a closed-door briefing with his state’s congressional
delegation on Wednesday about sending Guantanamo detainees to an Illinois prison.
Durbin invited his state’s
19 House members and Sen. Roland Burris (D) to the lawmaker-only briefing, according to an e-mail obtained by The Hill.
The
briefing was organized to garner information about sending detainees held in Guantanamo to Thomson State Correctional facility
in Northwest Illinois.
The Obama administration is looking at buying the nearly empty Thomson Correctional Center in western Illinois
to use as a maximum security prison for Guantanamo detainees.
Those invited to the briefing hosted by Durbin were advised
that Pentagon and Justice Department officials will be on hand along with Illinois state officials “to discuss the state’s
Thomson Correctional Center as a possible site for a new federal maximum security prison which would also house a limited
number of Guantanamo Bay detainees,” according to the e-mail.
Wednesday’s meeting will be the first such
briefing hosted for all 21 Illinois federal elected officials since word spread two weeks ago of the administration’s
interest in transferring Guantanamo inmates to Illinois.
Durbin and Gov. Pat Quinn (Ill.) were quick to support the
plan under consideration by the administration when officials from the Defense Department and federal Bureau of Prisons toured
the facility in mid-November.
GOP lawmakers from Illinois led by Rep. Mark Kirk, who is currently running for the senate
seat being vacated by Burris in 2010, howled in protest. Kirk and fellow GOP Illinois Reps. Aaron Schock, Pete Roskam, Tim
Johnson, Mark Kirk, John Shimkus, Judy Biggert and Don Manzullo introduced legislation to ban funding the transfer of detainees
from Guantanamo to the U.S.
Durbin and Quinn have maintained that selling off the little-used brand new state prison
facility would bring jobs to an area devastated by the economy.
Stupak touches on prison issues during healthcare-centered town hall
STANDISH -- Rep. Bart Stupak (D - Menominee) was in Standish Monday night to discuss healthcare legislation
passed in the United States House of Representatives, but Standish Max wasn't left out of the night's dialogue.
He said when it comes to the federal government using the empty prison as a replacement for Guantanamo Bay
or to hold federal prisoners in general, the issue isn't progressing.
"There's never been a proposal," Stupak said. "There's never been a plan offered."
The Congressman also addressed some of the rumors circulating about eminent domain were the feds to purchase
the facility. He said the prison and the surrounding area are property of the state of Michigan, and would be so until a federal
department makes an offer to buy or lease the Standish Maximum Correctional Facility.
Also, Stupak talked about a prison in Thomson, Ill. that is now being targeted as a Gitmo replacement, saying
it has "a lot of momentum right now." Officials in reports have said this location would provide about 3,000 jobs, however,
the number put forth by officials in Standish, who said they got the number from Department of Defense officials, was 1,000.
Stupak said both of these numbers are unfounded, since no proposal has been put forth for either prison.
But he said he's still hoping the Federal Bureau of Prisons, one government agency represented at an Aug.
13 site visit of the prison, will respond to a letter he sent it.
"I reminded them that we still have a prison you're (BOP) very impressed with," Stupak said.
Healthcare
While the Standish Max dilemma received attention, the night belonged to healthcare. Most who stepped up to
the microphones at the town hall expressed dissatisfaction with the House Bill, H.R. 3962, which was recently sent to the
United States Senate.
Most opposed said they were upset with the bill's passage and concerned it would lead to higher taxes and
ultimately be a failed government program. Comments ranged from people expressing anger about paying for "deadbeats" and others
said countries that have national healthcare programs, such as Canada and England, are learning the systems are seriously
flawed. Some who were opposed to the passage acknowledged that healthcare needed to be fixed, but said other methods like
fixing problems with medical malpractice lawsuits and letting people purchase insurance across state lines.
Stupak also presented a slide show presentation prior to fielding questions. During the slide presentation,
he said H.R. 3962 would provide insurance to 50,000 people in Michigan's First Congressional District and 1,100 families could
avoid bankruptcy, amongst other things.
Inmates Assault Guards at Federal Prison in Inez
Three guards at the Big Sandy Federal Prison in Inez were assaulted by
four inmates during a routine search of an inmate housing unit.
Philip Heffington, a Bureau of Prisons spokesperson, tells WSAZ.com that the
incident happened about 2:00 p.m. Sunday. He says additional staff responded and quickly contained the situation.
Heffington says the three guards were taken to a local hospital for treatment and later released. He says
the four inmates involved in the assault were not hurt.
The prison was placed in lock down following the incident.
The F.B.I. was notified and an investigation into the incident is underway
Dodd, DeLauro to Offer Emergency H1N1 Sick Days Bill
Dr. Anne Schuchat, an official at the Centers for Disease Control and Prevention,
testified that the CDC advises people to stay home from work for three to five days if they come down with swine flu. The
organization encourages employers to institute flexible leave policies ‘so it’s easy for your employees to do
the right thing.’
Two leading members of Congress on the issue of employee leave will team up
to write a bill that would provide paid time off for workers who contract the H1N1 flu.
Sen. Christopher Dodd, D-Connecticut and chair of the Senate health subcommittee on children and
families, announced at a hearing Tuesday, November 10, that he and Rep. Rosa DeLauro, D-Connecticut, intend to formally introduce
the legislation in coming weeks.
He and DeLauro portrayed paid sick leave as the best way for workers to follow government directives
to stay home if they fall ill.
“This isn’t just a workers’ rights issue—it’s a public health emergency,”
said Dodd, who was the author of the Family and Medical Leave Act. “Families shouldn’t have to choose between
staying healthy and making ends meet.”
Dr. Anne Schuchat, assistant surgeon general and an official at the Center for Disease Control
and Prevention, testified that the CDC advises people to stay home from work for three to five days if they come down with
swine flu.
The organization encourages employers to institute flexible leave policies “so it’s
easy for your employees to do the right thing,” Schuchat said.
But DeLauro argued that 57 million workers lack paid sick days and “following this critical
advice is virtually impossible for far too many Americans right now.”
The Dodd-DeLauro measure will be based on a bill, the Healthy Families Act , that DeLauro unveiled
earlier this year. At the Senate hearing, Deputy Labor Secretary Seth Harris said the Obama administration supports HFA.
Like that proposal, the emergency legislation will provide up to seven paid sick days for workers
who contract H1N1 flu—also known as swine flu—or who need to care for a sick child.
The bill will be an alternative to an emergency sick days measure introduced on November 3 by
Rep. George Miller, D-California and chair of the House Education and Labor Committee. Miller’s bill would provide five
days of leave.
Another key difference between the two is that under Miller’s bill, the sick days would
go into effect if an employer tells a worker to go home or stay home. Under the Dodd/DeLauro bill, an employee would decide
when to use the days.
Both bills would go into effect within weeks of being signed into law and would sunset after two
years.
DeLauro, a critic of the Miller bill, said that her and Dodd’s measure hews to the “core
principals” of the Healthy Families Act and will gain the backing of the same 121 House members and 21 senators who
have co-sponsored HFA.
“I think we will get substantial support because we have substantial support for the Healthy
Families Act right now,” DeLauro said in an interview.
A hearing witness representing the Society for Human Resource Management, however, cautioned that
the bill poses potential burdens for companies.
“SHRM has strong concerns with the one-size-fits-all mandate encompassed in the Healthy
Families Act,” said Elissa O’Brien, vice president of human resources at Wingate Healthcare in Needham, Massachusetts.
“At a time when employers are facing unprecedented challenges, imposing a costly paid leave mandate on employers could
easily result in additional job loss or cuts in other important employee benefits.”
O’Brien’s organization provides its 4,000 employees with up to 33 days of paid leave
each year that they can use for any purpose. A survey of SHRM members this year showed that 81 percent offer some form of
paid leave.
She asserted that the HFA would disrupt paid leave programs if they fail to meet standards outlined
in the bill.
Sen. Mike Enzi, R-Wyoming and the ranking member of the Senate health committee, asked DeLauro
whether the bill addressed policies like compensating workers for unused sick time, allowing the use of partial and intermittent
leave, and letting workers carry leave over to the next year.
“Those are the details that can get worked out,” DeLauro said.
Debra Ness, president of the National Partnership for Women and Families, testified that companies
with leave programs like Wingate’s would not be affected by HFA.
“We want this to be something that works well for employers and employees,” Ness said.
SHRM is promoting an alternative to HFA that revolves around exempting companies from federal
leave law if they work out flexible leave arrangements with their employees.
Mike Aitken, SHRM director of government relations, is wary of the emergency sick leave proposal.
“It’s not clear how it interacts with current employer policies,” Aitken said.
Quinn, Durbin ridicule GOP
opposition to Gitmo transfers
U.S. Sen. Dick Durbin and Gov. Quinn today ridiculed mounting GOP opposition to
President Obama’s plan to transfer inmates from Guantanamo Bay to a near-vacant prison in northwestern Illinois .
Several Illinois lawmakers say the Chicago area would become a terrorist
target if Guantanamo Bay detainees are moved to a prison in Thomson, 150 miles west of Chicago .
U.S. Rep. Mark Kirk (R-Ill.),
who is running for Obama’s old Senate seat, said he intends to ask Congress to assess potential security risks the move
may pose to O’Hare International Airport and Willis Tower .
“Some of the criticism
about this decision has crossed the line,” Durbin said. “Talking about actual buildings as targets in Chicago
? Please, that doesn’t do any good. Speculation on where the terrorists might strike next, does that really help us
as a nation? I don’t think it does.”
Quinn said Illinoisans have
a duty to support using the near-vacant Thomson Correctional Center as a place to house roughly 100 Guantanamo Bay detainees
who are accused of terrorism.
“We’re not going
to have a bunch of nay-saying congressmen who are fearful lead us astray,” Quinn said. “The he people of Illinois
will do whatever is necessary to bring the perpetrators of terrorism to justice, and this is part of the job.”
Quinn sidestepped a question
about how much a purchase of Thomson by the federal government might yield the state, though the Chicago Sun-Times was told
over the weekend by a source close to the negotiations the state’s windfall from a sale could approach $200 million.
Any money that might come to
the cash-starved state from a sale of Thomson should be reinvested in statewide construction needs, Quinn said.
“We’d
have to pass a law about the proceeds. But I think something we ought to consider is . . . it’s a long-term capital
expense we had to begin with. We’d probably use that for capital expenditures.”
Officials
to inspect Ill jail for Gitmo inmates
THOMSON, Ill. —
Federal officials are due to arrive in rural northwest Illinois to inspect a prison that could be bought by the federal government
and used to house Guantanamo Bay detainees.
Officials from the Federal Bureau
of Prisons and the Department of Defense are expected Monday at the Thomson Correctional Center . It's about 150 miles west
of Chicago .
Illinois Gov. Pat Quinn and U.S.
Sen. Dick Durbin say the potential sale could help create about 3,000 jobs in the economically depressed area.
But critics, including Republican
members of Congress from Illinois , have been quick to condemn the prospect of the sale because of safety concerns.
Federal officials are considering
Thomson along with a facility in Florence , Colo. and a site in Hardin , Montana .
Closing Gitmo: Feds Eye State and Military Prisons for Detainees
Officials Expect Dozens Of 'Enemy Combatants' to Be Distributed Across Country
By DEVIN DWYER and JASON RYAN
Nov. 16, 2009—
As the Obama administration's January deadline to close the detention camp at Guantanamo
Bay looms, officials are developing plans for the more than 200 detainees still held there, including their possible distribution
to civilian and military prisons across the country.
Attorney General Eric Holder Friday said
the United States would bring five Gitmo detainees, including four alleged 9/11 conspirators, to New York City to stand trial
in federal court. Holder also said that five suspects would be tried before revamped military commissions.
Roughly 40 to 50 more prisoners from the U.S. Guantanamo Bay Naval Base in Cuba will be
transferred to the United States , prosecuted in federal court or before a military tribunal, officials say. And at least
100 detainees have been approved for transfer to other countries.
The United States is actively negotiating additional transfer arrangements in pursuit
of its self-imposed deadline, administration officials said.
That leaves 70 to 80 men considered too dangerous for release but whom the administration
neither plans to charge in federal or military courts nor transfer to foreign countries.
The hope is that all but 10 to 30 of the unresolved cases will eventually be brought for
prosecution or transferred abroad, officials said. A number of Yemeni and Afghan detainees are expected to remain indefinitely
in "enemy combatant" status.
Those prisoners, officials say, will likely be distributed to several prisons and military installations throughout the country with none of the facilities having to completely shoulder the load.
Among the leading state prisons being considered to house detainees is Illinois' Thomson Correctional Center, a maximum-security prison complex 150 miles south of Chicago .
Feds Eye State Prisons for Gitmo Detainees
The Thomson facility has been underutilized since opening in 2001 and state officials,
including Illinois Gov. Pat Quinn and U.S. Sen. Richard
"Dick" Durbin, both Democrats, see the chance to house
Gitmo detainees there as an opportunity to create much-needed jobs, both at the prison and in the surrounding area.
Other communities, from the tiny town of Hardin , Mont. , to recession-struck Standish
, Mich. , have also been attracted to the potential economic boost and have actively lobbied the government to bring the high-level
prisoners there.
The Standish City Council
recently passed a unanimous resolution expressing interest in having a federal prison at the Standish Max Correctional facility,
which has faced closure because of budget cuts.
But critics
in Standish and elsewhere across the country have expressed
skepticism about the prospect of their communities becoming the Gitmo detainees' new hometowns.
"There are just too many things that could go wrong," said Tom Kerrins, chief of the Michigan
correction officers union. "The problem I have is ... you almost are putting a bull's-eye on the whole entire area."
In Illinois , GOP Rep. Mark Kirk has warned in a public letter, "We should not invite
Al Qaeda to make Illinois its No. 1 target."
But advocates for the adoption of Gitmo detainees in state prisons point to the federal
maximum-security prison in Marion, Ill., which already houses 35 convicted terror suspects, as proof that such inmates can
be held and at little danger to surrounding communities.
Federal officials have also been considering Colorado 's so-called supermax prison, south
of Denver , for placement of some of the detainees.
The prison is already home to Oklahoma City bombing co-conspirator Terry Nichols, Atlanta
Olympics bomber Eric Rudolph, 9/ 11 conspirator Zacarias Moussaoui, 1993 World Trade Center bombing mastermind Ramzi Yousef
and failed airline shoe bomber Richard Reid.
U.S. Military Prisons Among Those to Replace Gitmo
Aside from state correctional facilities, the Obama administration is considering a list
of U.S. military bases that could house some of the detainees. Among the options are Camp Pendleton in California , Fort Leavenworth
in Kansas and the U.S. Naval Consolidated Brig in Charleston , S.C.
Representatives from the U.S. Bureau of Prisons, U.S. Marshals Service and other agencies
have conducted site visits at the brig in Charleston and consider the military complex a viable option, according to two administration
officials.
Officials had also considered Fort Leavenworth in Kansas but have recently shied away
from that option.
The congressional delegation from Kansas, led by Sens. Sam Brownback, R-Kan., and Pat
Roberts, R-Kan., has fiercely opposed using the military compound north of Kansas City as home for detainees.
In August, the senators placed legislative holds on Justice Department and Pentagon political
appointees who were awaiting Senate confirmation to force the administration to provide information about its plans and prevent
Leavenworth from being one of the chosen locations.
A month later, the Kansas senators said they had released the holds on the nominees after
discussions with senior administration officials.
"We believe that the administration has a good understanding of obstacles and concerns
and is giving them proper consideration," the senators said in a joint statement. "In a good faith effort to continue moving
this dialogue forward, we are releasing our holds on all Department of Defense and Department of Justice nominees. We are
confident that because of this good faith dialogue, detainees will not be transferred to Fort Leavenworth ."
One major consideration that remains unresolved in the placement process is how state
prisons and military installations will handle staffing of the facility or at courthouses where potential trials would take
place, according to the Justice Department and federal law enforcement officials.
While there have been no specific funding requests
made yet to the federal government, officials said, the cost of holding detainees on U.S. soil is likely to be a matter of
concern for states, many already facing significant
budget crises.
Illinois prison top contender to house Gitmo detainees, official says
Washington (CNN) -- A prison in northern Illinois is the leading contender to house
some detainees transferred from the federal facility in Guantanamo Bay, Cuba, two Obama administration officials told CNN
Saturday.
Officials from the department of Defense, Justice and Homeland Security and federal Bureau of Prisons
will be will be visiting the maximum-security Thomson Correctional Center, about 150 miles west of Chicago, on Monday, the
officials said.
Earlier Saturday, a statement from Illinois Gov. Pat Quinn's office said senior Obama administration
officials would be visiting the Thomson prison to see whether the "virtually vacant, state of the art facility" could be of
use to the Bureau of Prisons.
The statement didn't mention the space possibly being utilized for Guantanamo detainees, but said
that overcrowding is a "serious issue and one of the reasons why the Bureau of Prisons is interested in viewing Thomson Correction
Center."
Quinn, whose administration hopes to generate jobs and economic growth in Thomson through the prison,
was scheduled to speak on the visit Monday.
If the Bureau of Prisons purchases the 1,600-cell site, it would operate primarily as a federal
prison and lease a portion of it to the Defense Department to house a limited number of Guantanamo detainees, one Obama administration
official said.
There are about 215 men held by the U.S. military at the Guantanamo prison camp. Among the detainees
are five suspects with alleged ties to the 9/11 conspiracy, including accused mastermind Khalid
Sheikh Mohammed, who will be transferred to New York to go on trial in civilian court,
Attorney General Eric Holder announced Friday.
As part of the conversion at Thomson, the same Obama official added, the Bureau of Prisons and Defense
Department would enhance security measures to exceed those of the nation's only supermax prison -- the U.S. Penitentiary Administrative Maximum Facility in Florence, Colorado. No inmate has ever escaped
from the prison.
The likelihood of Thomson being tapped to house Guantanamo detainees was first reported by the Chicago
Tribune on Saturday, and sparked immediate concern from critics of the Obama administration.
U.S. Rep. Mark Kirk, R-Illinois, whose district covers suburban Chicago, circulated a letter addressed
to President Obama to Illinois leaders Saturday, opposing the possible transfer of detainees. The letter says that doing so
would turn metropolitan Chicago into "ground zero for Jihadist terrorist plots, recruitment and radicalization."
As home to Chicago's Willis (formerly Sears) Tower -- the nation's tallest building -- "we should
not invite Al Qaeda to make Illinois its number one target," said the statement by Kirk, who is running for the same Senate
seat once held by Obama.
"The United States spent more than $50 million to build the Guantanamo Bay detention facility to
keep terrorists away from U.S. soil. Al Qaeda terrorists should stay where they cannot endanger American citizens."
The Obama administration has vowed to close the Guantanamo facility, but acknowledges it is unlikely to happen by its self-imposed January 22, 2010, deadline.
However, one of the two Obama administration officials speaking to CNN Saturday said that, coupled
with the announced transfer of the alleged 9/11 conspirator, the likely developments at the Thomson prison are "good progress"
toward closing the Guantanamo site.
The federal prison system currently houses approximately 340 inmates linked to international terrorism,
including more than 200 tied to international incidents, the other Obama official said.
Of the total number, 35 inmates are housed in federal prisons in Illinois, including
Ali al-Marri, who pleaded guilty in federal court to conspiring to provide material support to al
Qaeda. Al-Marri is serving eight years and four months at the federal penitentiary in
Marion, Illinois.
A state prison inmate allegedly slashed the throat of one correctional officer and stabbed another in the
cheek with a homemade weapon Wednesday night at the Souza-Baranowksi Correction Center in Shirley after being told he would
be forced to double-bunk with another inmate, according to a union official.
"The inmate is alleging that he was told he would get a single cell when he was released from the segregation unit. ...
When he was told he wasn't on the list...he pulled out a shank and just started stabbing the officers,'' said Steve Kenneway,
president of the Massachusetts Correction Officers Federated Union.
The officer whose throat was slashed "was dragged to safety by the other officer who was already stabbed; it was a pretty
heroic action,'' said Kenneway, adding that the officers were both released from the hospital early this morning after treatment
for their wounds and were lucky to be alive. Two other correctional officers suffered minor injuries when the inmate allegedly
assaulted them as they removed him from the housing unit, according to officials.
Diane Wiffin, a spokeswoman for the Department of Correction, confirmed that four correctional officers were injured during
a confrontation with an inmate and called their injuries "non-life-threatening.''
Citing privacy laws, she would not comment on whether the inmate became enraged after being told he would be forced to
share a cell with another inmate.
Kenneway and a lawyer who heads an agency that provides legal representation to inmates
said the incident was just the latest in a string of violent episodes at the Souza-Baranowski facility since the Patrick administration
made it the state's only maximum-security prison and then, in January, started double-bunking some inmates.
Calling
the prison "out of control,'' Kenneway said, "This policy of double-bunking has caused chaos and this administration is incapable
of admitting it's a bad plan."
Kenneway said there have been 30 to 40 assaults on correctional officers at the Souza-Baranowski
prison since double-bunking began 10 months ago, and that in the first 18 days of October, officers confiscated 75 weapons
from inmates.
The union plans to file a complaint in court to seek an order that would stop double-bunking at the facility,
Kenneway said.
"It's dangerous. It's going to lead to the death of an officer or an inmate or both,'' Kenneway said.
On Oct. 8, an inmate was stabbed 32 times, said Leslie Walker, executive director of Massachusetts Correctional Legal Services,
who represents the inmate.
"This facility is full of violence,'' Walker said. "There are a number of people who are fearful they are going to be hurt
while double-bunked or walking down a hallway.''
Wiffin said statistics were not readily available on the number of assaults on officers or inmates at the Souza-Baranowski
facility or the number of weapons confiscated there this year. She told the Globe to file a public records request for statistics.
Wiffin defended the double-bunking plan, calling it "industry standard'' in prisons nationwide.
"Prisons are dangerous places, there are dangerous inmates in them," Wiffin said. She said that a "mission change," which
includes double-bunking at Souza-Baranowski, "has and will continue to result in a decrease in violence department-wide."
The
housing unit where the alleged assault occurred was placed in lockdown Wednesday, Wiffin said. The unit houses 84 inmates,
she said.
Kenneway blasted the department, saying officials should have ordered a prison-wide lockdown to send a message
that violence against officers and staff will not be tolerated.
Obama's pending EO is not only evidence of
LR climate change
By Herb Levine, cyber FEDS® Correspondent
HR OBSERVER: The
administration's draft executive order on federal labor
relations has attracted a lot of attention. I thought I'd wait until the EO was actually issued before adding my comments,
but a recent Federal Labor Relations Authority decision changed
my mind.
This seems like a good time to consider what has already changed in the LR climate under the Obama administration,
before we get caught up in the EO.
A new FLRA
Under President
Bush, our reports of FLRA decisions routinely contained the statement: "Member Carol Waller Pope dissented,"
especially when the majority seemed to limit union rights. But Pope is now FLRA chair and new member Ernest DuBester,
who served under President Clinton
as chair of the National Mediation Board,
has a background as union counsel.
In the decision that prompted this column, 355th MSG/CC, Davis Monthan Air Force
Base and AFGE Local 2924, 109 LRP 61687 , 64 FLRA No. 14 (FLRA 09/28/09), the FLRA appeared to reject its previous distinction
between changes in conditions of employment, as defined under 5 USC 7103 (a)(14), and the working conditions of individual
employees. The result, according to legal editor Jim Carroll, "may be a significant expansion of the duty to bargain."
This
decision was supported by all three members of the FLRA, including Bush appointee Thomas Beck.
Now that the FLRA is fully staffed at the top, with
a new chair and member, an all-new FSIP and a new general counsel, we can expect our trends picture to be filled out soon.
On the revamped FLRA Web site, Pope points to a flood of new decisions, and emphasizes a reenergized Office of the General
Counsel and Collaboration and Alternative Dispute Resolution Office. She promises practitioners, "We
can train you, help facilitate your disputes and offer you alternative means to litigation to work out your problems. And
in those cases where you are unable to resolve your dispute, we are prepared to provide you a timely, quality decision."
The
message to agencies
If we combine the FLRA's decision in 355th MSG/CC and Pope's mission statement with
the labor-management forums, nonadversarial approaches, and permissive bargaining pilots envisioned by the draft EO, the
message to agencies is clear: Engage your unions and try to settle any disputes. If you can't or won't, don't expect the backup
you got under Bush.
The White House has listened to management fears. There
is no blanket mandatory bargaining of permissive subjects in the draft EO, and the EO cannot be enforced through litigation.
The emphasis is on cooperation and ADR rather than expanded bargaining. The Labor-Management Council would be co-chaired by
the OPM director and the head of the Office of Management and Budget.
Unions haven't yet gotten all they wanted.
Living with 'climate change'
This is the new Labor climate. Will
it really be worse for agencies, when compared with the Bush years?
Unions do not have to rely on a friendly FLRA
or administration. Thanks to the courts and Congress, most Bush-era initiatives designed to make government more responsive
to agency management and reduce union influence were crippled or reversed well before Obama took office.
Efforts at
public sector labor-management cooperation have been successful , even under Clinton. Former Governor Tommy Thompson tried to duplicate his partnership
success in Wisconsin when
he took over the Department of Health
and Human Services in 2001, only to be reined in by the Bush White House and told to get on message.
It
may be time for agency managers to get on message with the Obama White House, with the help of their LR practitioners. It won't be easy, but this climate change
could work out for the best.
Penitentiary inmates are 'worst of worst'
LEWISBURG — The Lewisburg Penitentiary guard stabbed twice in a melee Sunday is out of danger,
but the staffing situation at the institution is critical.
Warden B.A. Bledsoe won’t come to the phone and federal Bureau of Prisons officials in Washington,
D.C., send numbers meant to be comforting, but those inside the penitentiary talk frankly.
Since January, Lewisburg has received “the worst of the worst” criminals, while dropping
the security procedures that held them at bay elsewhere, said Daniel Bensinger, a veteran corrections officer and president
of Local 148 of the American Federation of Government Employees.
Whenever one of these vicious inmates was moved from a cell to showers or elsewhere inside previous
institutions, it was with three guards.
“One officer on the left, one of his right and one behind with some sort of night stick,”
Bensinger said. “Today, at Lewisburg, we have one staff escorting one inmate.” And some of those guards, he said,
have little or no relevant training.
Some of them are “augmentation” personnel, drawn from the ranks of secretaries, social
workers and other civilians.
In Sunday’s incident, Bensinger said, two brand new officers were opening the door to a cell
that housed two inmates. The prisoners rushed the door and flung it out, and the officers jumped back. Then one prisoner,
with his hands cuffed behind his back, body slammed one of the guards, Bensinger said.
Being willing to tear up his wrists, the other prisoner had gotten his cuffs off. He pulled a handmade
weapon and stabbed the other guard. The weapon, Bensinger said, was crafted from the button that turned on the hot water in
the sink and its inner shaft. It was about the size of a pen, and Bensinger said another officer estimated one and a half
to two inches of it could have punctured the officer’s skin.
The guard was treated at a hospital and released, Bensinger said. Four other officers who tried
to come to the rescue also were injured, but less severely. One officer, with a baton, knocked the weapon out of the prisoner’s
hand and got him to the ground.
The cuffed inmate ran down the hallway, where he fought with other officers.
It was the second violent incident at the Kelly Township institution in less than a week.
Bensinger, who has been a corrections officer for 24 years, said staffing levels at the penitentiary
are dangerously low.
Traci Billingsley, spokesman for the Bureau of Prisons in Washington, and her counterpart at Lewisburg,
Scott Finley, sent e-mails with the same wording Monday: “... Staffing levels have increased at Lewisburg ... and currently
the Correctional Services Department has 95.6 percent of their positions filled.”
“That’s because management sets the number they feel is 100 percent,” Bensinger
said. “They set it at 294. But that’s not what the union would call 100 percent. We need 350 to do the job.”
On Monday, 264 were employed, he said.
Billingsley and Finley also said: “Overall, the inmate to staff ratio is 3-to-1, which compares
favorably with the bureau’s overall inmate to staff ratio at penitentiaries, which is 4-to-1.”
Bensinger said: “There are about 1,200 staff and 400 inmates, but among ‘staff,’
they are counting food service personnel, educators and workers in recreation, maintenance and medical care. When we open
the door to a cell, that doesn’t give us three officers to each prisoner. The dentist is in the dentist’s office.”
He said management just designated six troublesome inmates out of the entire population for “three-man
hold.”
The union is saying, he said, that all of the inmates need the designation. “We need three
officers to one inmate to face this caliber of violent prisoner.”
Bensinger has seen the conditions at Lewisburg change.
“It’s making the other prisoners safer,” said Keith Hill, national vice president
of the AFGE for District 3, which includes Pennsylvania. About six weeks ago, Bensinger gave Hill a tour.
During a shakedown in the cafeteria, they found two dozen weapons. They were hidden behind the end
caps of tables, in kitchenware and in appliances. They also were found in the drain, on top of the oven and behind the sink.
Most prisoners, he said, make some kind of weapon to protect themselves from other inmates. “The
group we are now housing use them on the staff,” he said.
They are fashioned from just about anything, too, including bed parts and the tips of batteries.
At the prisoners’ former institutions, he said, procedures included X-rays for metal hidden
in the body. At Lewisburg, there’s a metal detector in the hallway, Bensinger said, but no one to monitor it.
There also is no one to gather intelligence on who’s making weapons.
Hill said 150 inmates being watched by one corrections officer is ludicrous. He said they carry
“no mace, nothing for self-protection but a walkie-talkie.”
He said Pennsylvania’s senators and congressmen know of the problem and are working to get
the funds for adequate staffing, but politics is a slow business.
Warden Bledsoe and Harley Lappin, Bureau of Prisons director, are not making waves, Bensinger said,
because they are “good soldiers.”
You’ll never hear them say they’re understaffed, he said. “They fear for their
jobs too,” he added.
Secretaries and clerks put up with being asked to do dangerous inmate supervision because they have
seniority to protect and families to support, he said.
Recently, Bensinger said, he witnessed one of the “augmentation” staff trying to find
a key to open a door. “She must have had 30 keys on a key ring, and it took her five to seven minutes to find the right
one. There were two corrections officers behind that door. If something had broken out, they’d be dead.”
Last year, corrections officer Jose Rivera was stabbed to death at the U.S. Penitentiary in Atwater,
Calif. On Saturday, an improvised explosive device went off inside the Victorville Federal Penitentiary in California. No
one was injured in that incident, Billingsley said, but it detonated upon discovery during a routine search.
Hill and Bensinger said the AFGE had high hopes that the Obama administration would replace Lappin,
a Bush administration appointee. So far, it hasn’t happened. Meanwhile, 7,600 new prisoners are expected in the system
next year, Hill said. A new prison will house up to 1,500 of those, but there will be 6,000 more to be absorbed elsewhere.
Sen. Arlen Specter wrote to Lappin early in October, backing AFGE suggestions, including equipping
officers with nonlethal weapons to defend themselves, like pepper spray, and supplying stab-proof vests.
Specter is on the Senate Appropriations Committee, which would be involved in securing funding for
hiring more prison staff. U.S. Rep. Chris Carney has petitioned the House Appropriations Committee to earmark more than $1
billion in extra federal corrections funds.
According to union figures, 9,000 new corrections officers need to be hired across the nation to
bring staffing to 100 percent, or the level it considers safe.
Bensinger said: “Ask the public to say a prayer to protect their officers and to give lawmakers
the wisdom they need.”
2 inmates injure 5 guards
By Marcia Moore
LEWISBURG — A U.S. Penitentiary at Lewisburg staff member was assaulted by two inmates and
four officers were injured responding to the attack Sunday morning, the second violent incident at the prison in less than
a week.
An unidentified staff member suffered two puncture wounds to the lower back and superficial
wounds across the chest and lower abdomen in the 7:50 a.m. assault by two inmates, according to a statement released by prison
spokesman Scott Finley.
Four officers who responded to the attack were also hurt and required medical treatment,
one for a knee injury, one for a rib injury, another for an elbow injury and the fourth for a cut on the elbow, the statement
said. The two inmates were treated at the prison for abrasions.
The statement did not say what type of weapon was used by the inmates, and no other
details were released.
Finley said the prison remains secure and is operating under a lock-down status.
It was the 45th violent incident at the prison this year and is being investigated by
the FBI. The most recent attack occurred on Tuesday, when an inmate stabbed a guard in the thigh with a spear made of rolled-up
newspaper and magazines and a metal tip held on with dental floss .
“It’s unfortunate to say, but I wasn’t surprised,” said Tony
Liesenfeld, secretary/treasurer of the American Federation of Government Employees Local 148.
The union has complained for months that inadequate staffing is putting officers at
risk.
Liesenfeld, who met the guards at the hospital where they were treated early Sunday,
said each of them “acted appropriately” and attributed the assault to the lack of adequate staffing.
“Hopefully we can get this situation addressed before someone is killed,”
he said, adding that local management has echoed the union’s request for more staff.
There are presently 264 guards at the penitentiary, overseeing 1,089 inmates, many of
whom are among the country’s most violent prisoners. Inmates are held up to 23 hours a day in a cell.
Due to the low number of staff, Liesenfeld said, each prisoner is escorted to and from
the cell by a single guard, even though similar prisons across the country employ up to three guards per inmate for the same
task.
It also limits the frequency of cell searches, he said.
Fed Prison understaffed, Union charges
Wayne County -
Is USP Canaan understaffed? It depends on who you ask.
Russell G. Reuthe, Federal Bureau of Prisons (BOP) Employee Services Manager, says, “Presently, staffing
at U.S.P. Canaan is adequate. The inmate to staff ratio at U.S.P. Canaan is 4:1, which compares favorably to the BOP overall
which is 4.9:1. U.S.P. Canaan staff are highly trained and professional and will continue to provide a safe and secure environment
for the inmates and the community.”
However, a representative of the American Federation of Government Employees (AFGE), the union that represents
federal correctional officers throughout the BOP, disagrees. “I know they’re understaffed. All federal penitentiaries
are understaffed,” says Keith Hill, National Vice President for AFGE, District 3.
Bill Gillette, North East Regional Vice President, Council of Prison Locals, says, “Based on the
hour of the day, staffing ratios vary greatly. There could be times when the ratio could be as high as one staff for every
125-150 inmates.”
Two anonymous letters, as well as two emails were recently received by The Wayne Independent, stating a
concern over under-staffing and safety. “We are all nervous, scared and greatly concerned for our safety as well as
the safety of the public,” one letter states. It refers to six outside guard towers (perimeter control), how only three
are ever staffed, and of those: only two are staffed 24-hours a day. The writer refers to the 18 officers that would need
to be hired to man the towers around the clock, figuring it would cost about $500,000 as opposed to the electric fence being
put up at a cost of “approximately $20 million.”
Asked about the fencing, Reuthe said, “In an effort to continue and maintain a safe environment for
the staff, inmates and the community, at times it is necessary to enhance security measures. Placement of additional fences
will provide greater levels of security, these fences are visible and are intended to serve as barriers (both non-lethal and
lethal) and are placed between the existing perimeter and interior fences. It is anticipated that this new technology will
serve as additional security, help deter potential escapes, and allow the institution to operate more cost effectively, as
well as greatly enhance the safety of the community at large.”
No batons, pepper spray “Unlike state prisons, we do not have any protective equipment to help
us. No batons, pepper spray, nothing but a radio,” the anonymous letter says.
Hill says, “AFGE and AFGE BOP Council have been pushing to get pepper spray authorized for use as
minimal personal protection for corrections officers, but so far we've met nothing but management resistance. I don't know
why there is so much resistance to protecting the lives of the officers. The pepper spray wasn't suggested to be used as a
weapon by the officers it was suggested to give the officers time to escape a situation in which they could be injured or
killed. They aren't equipped to defend themselves at all. They have a ‘PANIC BUTTON’ on their radio that can be
pressed in an emergency, or in case they're attacked. After that they pray someone gets there in time to help.”
Asked if the request for batons and pepper spray is unreasonable, Gillette said, “This has been a
hotly debated issue since the murder of one of our Officers at a California prison last year. Well, I'm not going to go into
great detail with what we have or don't have regarding safety equipment or protective gear, it would not be appropriate or
wise to speak of internal security practices, but I can say that we are not opposed to working with the agency in ensuring
that staff are given the tools necessary to protect themselves and the community they are sworn to serve, the above mentioned
items would be something we'd support.” Gillette said they have seen some “protective equipment upgrades recently.”
Officer Jose Rivera, USP Atwater, California, was killed June 20, 2008, after being assaulted by two inmates
with homemade weapons.
Not enough funding Gillette says it comes down to a lack of funding. “Currently the Bureau of Prisons
(BOP) are operating at 37 percent over it's rated capacity, some institutions as much as 89 percent. For the past several
years, the BOP has not received sufficient funds to be able to keep up with infrastructure needs or staffing. The BOP currently
has 39,399 authorized positions for Fiscal Year 2009, currently there are 34,333 employees on board resulting in a fill rate
of 87.1 percent.
“Being born and raised in Wayne County, I'm well aware of the importance of good paying jobs
and job security, whatever one’s views are regarding the prison or the system, I'd only ask that they keep in mind,
that as federal employees, we are tasked not only as protectors of the communities, but as stewards of the tax payers’
money, so as with any government agency, it's necessary to strike a balance between mission responsibilities and the granted
funding levels. But at times, it's not appropriate or wise to do more with less. It cost 140 million dollars to build USP
Canaan; all the towers, fencing, walls and protective devices available makes little difference if you don't have the trained
men and women to properly outfit it. Many local folks have been able to find employment at USP Canaan, and it will continue
to employee many others throughout the decades, but with adequate funding more people will get the opportunity to work at
the facility and support the local economy,” Gillette said.
MIKULSKI: DOD PROVISIONS A HARD FOUGHT VICTORY FOR FEDERAL EMPLOYEES
Senate passes bill to rollback and repeal punitive policies inherited from previous administration
WASHINGTON, D.C. – U.S. Senator
Barbara A. Mikulski (D-Md.), a senior member of the Senate Appropriations
Committee, today announced the Fiscal Year 2010 Defense Authorization Conference Report includes several hard fought
victories for federal employees. The bill includes provisions to rollback and repeal policies from the previous administration
that forced federal employees to compete on an uneven playing field, often wasted taxpayer dollars, and were bad for morale
at federal agencies. The bill passed the Senate today, and now heads to the President to be signed into law.
The 2010 Defense Authorization Conference Report repeals the Bush Administration’s ill-conceived National Security Personnel System, or NSPS.
Senator Mikulski
is a longtime critic of NSPS, which radically restructured the Department of Defense
personnel system and stripped collective
bargaining rights from civilian employees. In previous years, Congress limited how many workers could be included in
the NSPS system, and placed other restrictions on the controversial program.
“NSPS was a mistake from the get-go. They were rigged rules that redlined and sidelined our federal employees.
The Department of Defense needs to start over and design a personnel system
that respects workers’ rights to bargain and join unions, and rewards them for the contributions they make to our country’s
security,” Senator Mikulski said. “I’ve been fighting for years to throw this ill-conceived policy out.
Today, victory is ours.”
The 2010 Defense Authorization Conference Report also includes a provision to allow federal employees to convert unused
sick leave to retirement credit at the end of their careers. This will allow federal employees to increase their retirement
benefits by applying unused sick leave days.
“Our federal employees are on the front lines every day, working hard for America. These hardworking men and women
deserve to be treated fairly. They deserve a secure retirement and benefits that reflect their years of service to this country,”
Senator Mikulski said. “I’m proud Congress today voted to allow federal employees to convert unused sick leave
into retirement credit.”
Finally, the legislation includes a provision to prohibit the Department of
Defense from contracting-out until they significantly improve their oversight and tracking of the contracting-out process.
The bill also limits the contracting-out competition to two years.
“I promised federal employees that I would not stop my fight to protect them against unfair contracting-out policies.
Today, my promises made are promises kept,” Senator Mikulski said. “This legislation gives the DOD a ‘time
out’ so the Secretary can establish best practices and stop contracting out efforts that are causing more harm than
good.”
Fed Prison understaffed, Union charges
Wayne County -
Is USP Canaan understaffed? It depends on who you ask.
Russell G. Reuthe, Federal Bureau of Prisons (BOP) Employee Services Manager, says, “Presently, staffing at U.S.P.
Canaan is adequate. The inmate to staff ratio at U.S.P. Canaan is 4:1, which compares favorably to the BOP overall which is
4.9:1. U.S.P. Canaan staff are highly trained and professional and will continue to provide a safe and secure environment
for the inmates and the community.”
However, a representative of the American Federation of Government Employees (AFGE), the union that represents federal
correctional officers throughout the BOP, disagrees. “I know they’re understaffed. All federal penitentiaries
are understaffed,” says Keith Hill, National Vice President for AFGE, District 3.
Bill Gillette, North East Regional Vice President, Council of Prison Locals, says, “Based on the hour of the
day, staffing ratios vary greatly. There could be times when the ratio could be as high as one staff for every 125-150 inmates.”
Two anonymous letters, as well as two emails were recently received by The Wayne Independent, stating a concern over
under-staffing and safety. “We are all nervous, scared and greatly concerned for our safety as well as the safety of
the public,” one letter states. It refers to six outside guard towers (perimeter control), how only three are ever staffed,
and of those: only two are staffed 24-hours a day. The writer refers to the 18 officers that would need to be hired to man
the towers around the clock, figuring it would cost about $500,000 as opposed to the electric fence being put up at a cost
of “approximately $20 million.”
Asked about the fencing, Reuthe said, “In an effort to continue and maintain a safe environment for the staff,
inmates and the community, at times it is necessary to enhance security measures. Placement of additional fences will provide
greater levels of security, these fences are visible and are intended to serve as barriers (both non-lethal and lethal) and
are placed between the existing perimeter and interior fences. It is anticipated that this new technology will serve as additional
security, help deter potential escapes, and allow the institution to operate more cost effectively, as well as greatly enhance
the safety of the community at large.”
No batons, pepper spray “Unlike state prisons, we do not have any protective equipment to
help us. No batons, pepper spray, nothing but a radio,” the anonymous letter says.
Hill says, “AFGE and AFGE BOP Council have been pushing to get pepper spray authorized for use as minimal personal
protection for corrections officers, but so far we've met nothing but management resistance. I don't know why there is so
much resistance to protecting the lives of the officers. The pepper spray wasn't suggested to be used as a weapon by the officers
it was suggested to give the officers time to escape a situation in which they could be injured or killed. They aren't equipped
to defend themselves at all. They have a ‘PANIC BUTTON’ on their radio that can be pressed in an emergency, or
in case they're attacked. After that they pray someone gets there in time to help.”
Asked if the request for batons and pepper spray is unreasonable, Gillette said, “This has been a hotly debated
issue since the murder of one of our Officers at a California prison last year. Well, I'm not going to go into great detail
with what we have or don't have regarding safety equipment or protective gear, it would not be appropriate or wise to speak
of internal security practices, but I can say that we are not opposed to working with the agency in ensuring that staff are
given the tools necessary to protect themselves and the community they are sworn to serve, the above mentioned items would
be something we'd support.” Gillette said they have seen some “protective equipment upgrades recently.”
Officer Jose Rivera, USP Atwater, California, was killed June 20, 2008, after being assaulted by two inmates with homemade
weapons.
Not enough funding Gillette says it comes down to a lack of funding. “Currently the Bureau
of Prisons (BOP) are operating at 37 percent over it's rated capacity, some institutions as much as 89 percent. For the past
several years, the BOP has not received sufficient funds to be able to keep up with infrastructure needs or staffing. The
BOP currently has 39,399 authorized positions for Fiscal Year 2009, currently there are 34,333 employees on board resulting
in a fill rate of 87.1 percent.
“Being born and raised in Wayne County, I'm well aware of the importance of good paying jobs and job security,
whatever one’s views are regarding the prison or the system, I'd only ask that they keep in mind, that as federal employees,
we are tasked not only as protectors of the communities, but as stewards of the tax payers’ money, so as with any government
agency, it's necessary to strike a balance between mission responsibilities and the granted funding levels. But at times,
it's not appropriate or wise to do more with less. It cost 140 million dollars to build USP Canaan; all the towers, fencing,
walls and protective devices available makes little difference if you don't have the trained men and women to properly outfit
it. Many local folks have been able to find employment at USP Canaan, and it will continue to employee many others throughout
the decades, but with adequate funding more people will get the opportunity to work at the facility and support the local
economy,” Gillette said.
This memorandum
is being sent as a reminder to all TRULINCS institutions of the CorrLinks transition beginning Monday, October 5.On Monday, we will mass email all inmate email contacts an invitation to join CorrLinks.If the contact does not register prior to October 14, they will not be able to send email to or receive
email from inmates.
We have had
some inquiries regarding CorrLinks and based on these inquiries I want to clarify a few things:
-The
public does not need to register with a credit card.
-The
public can not add an inmate without the invitation's identification number; although the site will allow them to register
in advance.
-The
public must go to www.corrlinks.com to read or send all future emails.
-If
the public receives an invitation and has problems registering, they should submit the issue via the Customer Support link at www.corrlinks.com.
Please find
attached a document you may wish to consider posting to remind inmates of the upcoming change.
Teenage inmates allegedly stab and handcuff officers in escape attempt
Vernon, Indiana, Oct 6 - (WHAS11) - Corrections officers in southern Indiana had some terrifying
moments Tuesday when they were overpowered in an escape attempt and held hostage. Two of them were stabbed at the JenningsCounty jail by young inmates who'd learned to improvise.
Police say 3 teenage inmates
took clothes hangers and sharpened the points.
They then stabbed a guard
several times, overpowering and handcuffing him.
Two other guards rushed
to help and the teens stabbed one of them and used pepper spray
they'd gotten from a storage cabinet.
They handcuffed the officers,
too.
State police and sheriff's deputies rushed to the scene.
With the guards held hostage,
police shot the teens with stun guns ending their escape
attempt.
One inmate, 17-year-old
Ryan Renfroe, was in the jail on murder charges suspected of killing Greg and Maugerite Gough, a couple in their 60’s,
in Jennings County then stealing and crashing their 1987 Camaro. Police say after he was caught, he claimed voices told
him to kill the couple.
Another inmate, 17-year-old
James Smith had a bandage
on his head as police moved him Tuesday. They say he tried to kill at least one of the guards and will be charged with attempted murder.
The others, Renfro and 19-year-old Roger Bushhorn will face kidnapping and assault charges.
They have now been sent
to 3 separate jails.
The most seriously injured
corrections officer was Walter Peace. He was flown to an
Indianapolis hospital and at last report, he was in serious condition with a stab wound to his head.
The other officers, Shawn
McDaniel and Vickie Day were treated and released from a local hospital.
AFGE Applauds Decision of Defense Authorization Conferees
to Repeal NSPS
(WASHINGTON) – Today, the American Federation of Government Employees (AFGE),
AFL-CIO, lauded the decision of the 2010 Defense authorization conferees to repeal NSPS. John Gage, AFGE national president,
said, "This day has been a long time coming. We greatly appreciate Chairman Skelton, Chairman Levin, and the ranking
members, Representative McKeon and Senator McCain, for their courageous decision to repeal the fatally-flawed NSPS pay system.
After numerous Congressional hearings as well as analysis by the Department's own Defense Business Board task group,
the evidence was all on the side of repeal. The Congress had generously given the Department six years to develop a
fair pay system, ample opportunity to correct its mistakes, and finally determined that the system could not be – and
should not be -- saved."
NSPS was created in a poisonous atmosphere by ideologues seeking to destroy collective
bargaining, federal unions and employee rights and protections. Through various defense authorization bills, some of
those rights – collective bargaining and employee appeal rights – were restored. But the NSPS pay system
is costly, unwieldy, discriminatory, complicated, opaque, and mistrusted by DoD civilian employees at all levels.
AFGE looks forward to working with the Department to improve the performance management
and hiring systems so that the needs of the taxpayers, war fighters, and employees can all be addressed.
The defense authorization conference report also includes language from the House
version which will credit FERS employees with their unused sick leave when they retire. This is a critical issue of
equity with employees covered by the Civil Service Retirement System. The report also provides for the conversion of
non-foreign COLA to locality pay for employees in Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands. In addition,
it corrects a longstanding retirement equity problem for employees in the District of Columbia Court Services and Offender
Supervision Agency (CSOSA) that has required some CSOSA employees to work 10 additional years to meet required credits for
federal retirement eligibility.
The Obama administration on Thursday issued an executive order banning federal employees from text messaging
while driving on government business.
"This order sends a very clear signal to the American public that distracted driving
is dangerous and unacceptable," said Transportation Secretary Ray LaHood in a statement. "It shows that the federal
government is leading by example."
Released at the end of a two-day distracted driving summit in Washington, the order
applies to federal employees operating government-owned vehicles or driving privately owned vehicles on government business.
It also bans the use of government-supplied electronic equipment while driving. Federal contractors are encouraged to implement
similar restrictions.
Agencies will be required to outline specific steps to implement the ban, including
disciplinary actions for employees caught texting while driving. The order
directs agencies to evaluate existing driving safety education and awareness programs and consider expanding these efforts
in coordination with a stricter texting policy.
The General Services Administration and the Office of Personnel Management will assist the
Transportation Department in guiding the order's implementation and enforcement in agencies.
Texting while driving is illegal
in 18 states and the District of Columbia.
UNION FOR FEDERAL PRISON OFFICERS ALARMED BY RECENT VIOLENCE AT FCI - MCKEAN
In Wake of Increased Violence, Council of Prison Locals Calls for Full Staffing
and Funding, Continuation of Federal Prison Industries Program throughout Bureau of Prisons
WASHINGTON—A recent outbreak of violence at the Federal Correctional Institution – McKean in western Pennsylvania
has reignited efforts to secure full funding and staffing throughout the Federal Bureau of Prisons (BOP). According to union
officials at the facility, a fight between two rival gangs quickly turned into a full-scale riot involving more than 250 inmates.
At least six inmates were taken to area hospitals with significant injuries.
“This type of violence, while alarming,
happens in every federal prison facility across the country,” said Bryan Lowry, president of the American Federation
of Government Employees’ (AFGE) Council of Prison Locals (CPL), which represents federal correctional officers at the
BOP. “Management continues to turn a blind eye toward dangerous situations that put correctional officers, inmates,
and the surrounding communities at risk.”
In recent months, the Council of Prison Locals has testified on Capitol
Hill regarding the dangers of working in understaffed and underfunded federal prisons. The union has repeatedly asked for
additional staff and the proper use of appropriated funds to ensure the safety and security of the nation’s federal
prison system.
Specifically, CPL wants Congress to:
• Fully staff and fund the BOP – Right now
the inmate-to-staff ratio can be as high as 150:1 and correctional officers are unarmed inside the facility.
•
Issue stab-resistant vests to correctional officers – Assaults on officers with homemade weapons have spiked in recent
years.
• Continue the Federal Prison Industries (FPI) program – FPI announced it would eliminate factories
at 14 facilities and downsize operations at four additional locations throughout the country – a move that union officials
say could lead to potential violence at facilities with hundreds of idle inmates.
The FPI prison inmate work program
is an important management tool that federal correctional officers and staff use to deal with the huge increase in the BOP
prison inmate population. It helps keep 21,836 prison inmates – or about 17% of the eligible inmate population –
productively occupied in labor-intensive activities, thereby reducing inmate idleness and the violence associated with that
idleness. It also provides strong incentives to encourage good inmate behavior, as those who want to work in FPI factories
must maintain a record of good behavior and must have completed high school or be making steady progress toward a General
Education Degree (GED).
CPL also has asked for a meeting with Attorney General Eric Holder to address the issues at
the BOP, including a request to replace Director Harley Lappin.
“The days of ‘doing more with less’
must end,” added Lowry. “It’s time to fix the BOP once and for all.”
Sentence handed down in officer stabing
Victory in Southern district of New Yourk court. JudgeThrows book at inmate Raham Daivs for the stabing
of officer Alex Matthers. While the jury in this caes failed to fine inmate Daivs guilty of attempted murder
some months ago. The Hon. Judge Batts handed down a 15 years sentence on Monday Sep 14, 2009 for possession of a weapon
and assault of a federal law enforcement officer. While we feel the jury let us down the judge
in the case made it clear,you can not stab/assault a staff member without facing alot on time.
Prisons get the flu, too.
A sentencing hearing scheduled this week for a Tipton
County man convicted of murder-for-hire in the death of his mother is being reset because of a swine-flu outbreak at the federal
prison in Memphis.
Federal prosecutors have filed a motion to postpone
sentencing for Billy Johnson, which was set for Thursday.
"The United States has been
advised that FCI Memphis, the facility where the defendant has been incarcerated, has been placed under quarantine because
of an outbreak of the H1N1 virus," federal prosecutor Steve Parker said in court papers. "Because of the quarantine, no prisoners
are being allowed to leave the facility for court proceedings. The U.S. Marshal's Service has advised that the facility will
reassess the situation on Sept. 21."
A spokesman for the Federal Correctional Institution
in Memphis could not be reached for details about the outbreak, but a telephone recording at the prison says inmate visitation
has been canceled until further notice.
FCI Memphis is at Sycamore View near Interstate
40. It is a medium-security facility that houses 1,382 male prisoners and another 289 minimum-security prisoners
at a satellite camp in Millington.
Parker asked for a 30-day continuance.
Johnson, 50, was convicted in April
of conspiracy to commit murder-by-hire in the 1999 death of his mother, Martha Johnson, a businesswoman and landowner who
lived near Covington. He also was convicted of perjury.
Johnson faces life in prison when he is sentenced by U.S. Dist.
Judge S. Thomas Anderson.
Another defendant, Danny Winberry, 43, testified for the prosecution that Johnson promised
to pay him $50,000 to kill his 62-year-old mother and that the son gave him a key to her house.
Winberry, who killed
Martha Johnson in her home with an antique iron, was sentenced to 30 years
in prison in June.
Union leaders make NSPS repeal, personnel reform major priorities
By Alyssa Rosenberg
September 4, 2009
After wrapping up their national conventions in August, leaders
of some of the largest federal employee unions prepared to aggressively pursue a broad set of legislative priorities when
Congress returns on Tuesday. They also said their members are looking for clarity about what kind of reforms to the pay and
personnel systems the Obama administration might pursue.
One of the first issues on the horizon is the fate of the Defense Department's
National Security Personnel
System. A panel appointed by the administration to examine the alternative pay system recommended in late August that NSPS be substantially reformed. But the House and Senate versions of the 2010 Defense authorization bill contain
slightly different provisions that would repeal NSPS within a year unless the Defense secretary makes a case to retain the
program.
Matt Biggs, legislative director for the International Federation
of Professional and Technical Engineers, said his members felt that repealing NSPS was a necessary first step if the
administration wants to pursue broader personnel reform.
"Our delegates at the convention, even the ones who are not
federal employees, [believe] the whole intention of NSPS was to bust unions and dismantle the federal
civil service," he said. "They gave us our marching orders.... Anything they want to do, if it's any way related to
NSPS, it's going to be toxic, it's not going to have employee buy-in."
Beth Moten, legislative director for the American Federation
of Government Employees, said the union's members would be contacting legislators to let them know the NSPS repeal
was a priority for them. That provision is only one of a number of issues that lawmakers will have to resolve when they meet
in a conference committee to produce a final version of the bill.
But Moten described AFGE members' objections to NSPS as a stand-alone issue,
rather as a gateway issue to clear the way for broader pay and personnel reform.
"Generally speaking, they're very supportive of the General
Schedule," she said. "They would like to see more funding for the GS, including funding for bonuses for people who
are superstars. They are eager to see the GS used the way it was designed."
According to National Treasury
Employees Union President Colleen Kelley, her members have been receptive to calls for reform on a number of fronts,
including the hiring process, and they reacted positively to Office of Personnel Management Director
John Berry's remarks at NTEU's convention.
"Everyone's feeling very positive about the opportunities we have before
us," she said. "Our focus, and our request of [Berry], has been to look at what can and should be done to make the federal
workplace what he says he wants it to be. I think that starts with involving employees."
Like Moten, Kelley said her union's convention focused not on new grass-roots
campaigns, but on reinvigorating members who had been working hard on the union's legislative program. Those issues include
winning paid parental leave for federal employees, shoring up rights for whistleblowers, and giving Transportation Security Administration
employees the right to bargain collectively, she said. The NTEU
conference also focused on preparing members for the 2010 midterm elections.
Similarly, Biggs said IFPTE's convention was dedicated mostly to issues
that were already on the union's agenda, including reforms to the pension system for administrative
law judges and moving federal employees covered by nonforeign area cost-of-living
adjustments into the locality pay system. Navy employees also raised concerns about not being paid overtime on overseas
assignments, something Biggs said the union was looking into.
Biggs, Moten and Kelley all agreed their members were impatient to see change,
both from Congress and the administration.
"There were many who believed and hoped on Jan. 21 it would be like flipping
a light switch," Kelley said. "Well, that's not the way it works."
Moten said the slow appointments process meant that for many federal employees,
their working conditions and the policies that set the direction for their work had changed little since the beginning of
the Obama administration.
And Biggs noted that IFPTE members were trying to be patient even as the
administration made decisions that upset them, like the choice to pursue a 2 percent civilian pay hike rather than pushing
for parity between military and civilian raises.
"We view [Obama] as a friend, but we want to make sure that we represent
our members' interest," Biggs said.
Federal Workers Compensation Program “broken,”
DOL UNION TACKLES “BROKEN” FED COMP PROGRAM: Calling the Federal
Workers Compensation Program “broken,” AFGE Local 12 plans to work to fix the program through expanded bargaining
rights granted under the Federal Labor Management Relations Statute. “This program is simply broken due to understaffing,
poor working conditions, and terrible mismanagement,” Local 12 President
Alex Bastani told Union City. Local 12 represents federal employees who work at the Department of Labor.
The Federal Office of Workers Compensation Program (OWCP), an agency within the Department of Labor (DOL),
serves federal employees who are injured at the workplace. These federal employees include correctional officers
with the Bureau of Prisons (BOP) and officers with the Border
Patrol. “BOP correctional officers have been violently attacked at the workplace by dangerous felons and Border Patrol officers, who secure our nation’s borders, face violence from those who threaten our
national security,” Bastani added. “Furthermore, there are Department of Defense workers being
underserved who protect our nation just as much as the soldiers they support. These heroic workers are being ignored by OWCP.”
In 2006, Local 12 filed an institutional grievance over poor working conditions in the Washington D.C. District Office of
the Office of Workers Compensation Programs. “The OWCP has stonewalled the processing of
this grievance and has failed to address any of the issues that the union raised,” Bastani said. “In fact, when
Local 12 raised these concerns again in May of this year during a meeting about a reorganization in OWCP, the Department was
so opposed to change that it simply canceled the reorganization rather than deal with problems in the workers compensation
program.” Bastani says Local 12 will be negotiating over technology and means and methods of work at OWCP. This negotiation
is taking place because the Department is abolishing the Employment Standards Administration
(ESA) so that the four distinct programs within this agency report directly to the Secretary of Labor. “The Union looks forward to assisting
the Secretary of Labor in reforming these programs,” Bastani said, adding “If the Secretary of Labor does not
believe that there is enough money to fix the federal Worker’s Compensation Program so that claims do not languish for
mon ths, I encourage her to visit the correctional officers in BOP, the Border Patrol officers, and the Defense workers who
maintain our planes, tanks and artillery, and tell them so.”
Schumer: FCI Ray Brook overcrowded, understaffed
By KIM SMITH DEDAM August 28, 2009
RAY BROOK - The 214 prison workers
at the Federal Correctional Institute in Ray Brook experience strained and difficult conditions
on the job every day, Sen. Charles E. Schumer says.
Standing in front of the facility
after a tour Thursday morning, the state's senior senator called for a permanent and substantial increase in the Bureau of
Prison's budget.
He wants that money to hire more officers and expand prisons.
"There are 1,227 inmates on average
at Ray Brook every day," Schumer said, a number "way over" the facility's rated capacity of 747 inmates.
"This presents
a risk to the public, to the prisoners and especially to the hard-working people" who staff the prison.
"You don't
have to be an expert in criminal justice to know there is a problem here."
VIOLENCE Fifteen people
were injured at the medium-security facility in inmate-on-staff attacks last year, Schumer said.
There were 21 incidents
of inmate-on-inmate violence in the same time frame, about twice per month, he said.
"This is because there are too
many prisoners and not enough staff."
The senator said he viewed the living space inside Ray Brook.
"You can
sort of feel the tension when you walk in there. It is much more crowded than before."
Standing beside Schumer was
Michael Durant of Fort Covington, spokesman for the American Federation of Government Employees
Local 3882, representing all Ray Brook prison employees.
After
Schumer spoke, Durant described some of the makeshift living quarters devised to fit more prisoners into the facility.
In
some dorms, television rooms have been converted into 12-person cells.
"The rooms weren't designed to house people,"
Durant said, adding they are not ventilated properly for sleeping quarters.
Two two-man rooms built side by side have
been retrofitted, the wall between them torn down, and three bunk beds lined
up to accommodate six men.
Morale among corrections officers and prison
workers is challenged by the lack of adequate staffing.
"The staff-inmate ratio is way out of balance," Durant said.
The
prison warden, Dr. Deborah Schult, was on the tour with Schumer but did not attend the news conference and had no comment
for the Press-Republican on what the senator and Durant said.
9-11 HIT Prison funding
levels have not recovered since Sept. 11, 2001, when the federal government focused on anti-terrorist activity.
"9-11
put a punch on all of the prison budgets," Durant said, "a lot of it (the money) went into Homeland
Security."
Congress approved $545 million in the 2009 prison spending plan, allowing for the hire of 9,000 more
correction officers, Durant said.
"But the administration of the prison
system decided it wasn't going to be used for officers this year."
And, while numbers of prisoners in New York state facilities are going down, the number of inmates in federal prisons is expected to rise from 204,000 to 215,000
next year, Durant said.
Schumer said the next step is to put needed funding into the federal corrections system.
The
money is not to be drawn from stimulus funds and would represent a permanent increase, he said.
CAMP GABRIELS When asked if
the federal government has looked at the vacant, minimum-security state prison
camp at Gabriels, which closed July 1, Schumer said he had no knowledge of any plan to use that site to alleviate or
mitigate overcrowding in the federal prison system.
"As long as the
Bureau of Prisons is underfunded, we won't be able to do it," Schumer said,
adding his staff will look further into the possibility of federal use at the former Camp Gabriels.
The minimum-security
facility has no razor wire or fencing to separate inmates from public lands around it.
The New
York Department of Correctional Services has until Oct. 1 to come up with a reuse plan for Camp Gabriels.
Schumer
said all four federal prisons in New York are in dire straits.
"Facilities
in Manhattan, Brooklyn and Otisville are all more than 40-percent overcrowded and also severely understaffed. "
Facilities
beyond the state are, on average, 37-percent overcrowded, Schumer said.
However, numbers of prison assault in New York were down in 2007 from previous years.
INVASIVE SPECIES Schumer continued a visit to the North
Country Thursday with a stop at the Wild Center in Tupper Lake to
discuss funding for invasive species.
He outlined a four-point plan to fight invasive species that threaten the Adirondack and North Country
ecosystem, particularly didymo (also called rock snot), emerald ash borer
and Asian long-horned beetle.
He is asking Congress to fully fund
the U.S. Department of Agriculture' s efforts to provide suppression and technical assistance to New York in combating the
pests before they spread to the North Country.
The monies would allocate $35 million to control the Asian beetle from
spreading to the Adirondacks from an infestation around New York City and $39.7 million to combat ash borer.
In addition, Schumer urged the Forest
Service to release $3.1 million to provide the State Department of Environmental
Conservation to expand crews to fight the ash borer.
The third point in Schumer's plan would provide $2.5 million
to hire 74 public-information specialists in state camps and parks to help educate the public about invasive beetles. New
York has a ban on transporting firewood more than 50 miles from its source, which is sometimes misunderstood by the traveling
public.
And finally, Schumer is looking to boost funding for the Aquatic
Nuisance Species Task Force, a division of the Fish and Wildlife Service, to put "boots on the ground" to stop the
spread of Eurasian milfoil, quagga, zebra mussels, Japanese shore crab and
didymo.
Communication Mistakes
By Tammy Flanagan
According to Stever Robbins, president of a Massachusetts business coaching service, there are
seven mistakes managers make when communicating. These mistakes apply to the communications between federal employees and
agency retirement specialists as well. Out of frustration, many employees blame their benefits coordinators for failing to
provide accurate or important information needed to plan for retirement. In some cases, I've intervened on behalf of employees,
only to discover that the primary reason for such misunderstandings is the employee and/or retirement specialist were not
communicating properly. Here are the mistakes, according to Robbins, along with my suggestions for avoiding them in the federal employee retirement planning process:
1. Making controversial announcements without doing groundwork first
Any controversial decision can engender rumors, anxiety and resistance. So, rather
than announcing a controversial decision to an entire group, prep people one-on-one. Learn who will object, and why.
Over the years there have been proposals, discussion and threats to change the computation of
federal retirement benefits, the eligibility requirements and even the amount of required retirement contributions. I've even
heard that Congress was scheming to get rid of the remaining federal employees who are covered under the Civil Service Retirement System. These are
all rumors with little or no truth. But when word gets passed from employee to employee, it starts to sound like a done deal.
Retirement specialists can help by assuring employees that these changes are only rumors and unless they are signed into law,
they will have no effect on employee retirement benefits. When teaching a retirement seminar, I probably gain the most credibility
by squelching the rumors and stating the facts for my audience.
2. Lying
Some lies or partial truths are well-intentioned. Certain topics must remain confidential
while they're under discussion. But be careful how you keep secrets. If people know you've lied, you will lose their trust
forever.
I have never seen a retirement specialist intentionally lie. But sometimes in an effort to appear
competent, a benefits coordinator will answer an employee's question before doing the proper research. Most of us know it's
OK to say, "I don't know, but I'll find out for you." If you feel your question has been answered without proper research
or accuracy, feel free to ask for a resource so you can read up on the topic and determine whether your interpretation matches
the answer you were given. Don't be afraid to ask follow-up questions or for an example of how a rule will affect your situation.
For instance, when an employee once told me his annual leave check was based on the incorrect
salary rate, I provided documentation to help him explain to his payroll office the correct computation and why he felt there
was an error. When it was determined the payment was improperly computed, the office corrected it for the employee. But the
problem affected everyone who had recently retired. The payroll specialist told the employee the problem would be fixed for
those who asked for the correction. Employees who did not find out about the mistake would not receive the proper payment.
The agency will remain nameless and the problem eventually was corrected for all the affected employees.
Here's another example of this communication issue: Kristin asks her retirement specialist about
getting credit for federal service while in college and she worked during the summers as a seasonal employee for the National
Park Service. She wants to know whether the service counts and whether she has to make a service credit payment for this period
of time. The correct answer will depend on the following issues:
Which retirement system is Kristin covered under?
When was the service?
Has the service been properly documented?
After gathering all the facts, the retirement specialist will be able to tell Kristin whether
the service counts, what she needs to do to fully credit the service, whether she owes a service credit deposit and how much
interest is due. It is very easy to make a mistake communicating this information if the retirement specialist doesn't fully
understand the importance of the three questions above. The wrong answer could lead the employee to a decision that could
cost her credit for the service or additional interest that could have been avoided. If nothing else, the retirement specialist
would lose credibility for making an error.
3. Ignoring the realities of power
Surprised that you never hear bad news until it's too late? Don't be. The more power you
have, the less you'll hear about problems.
Over the years, I've had the opportunity to meet federal employees at all levels. Those who
seem most appreciative of my presentations are often at the highest levels. They seem to be the least informed about their
benefits. Maybe it is assumed that since they are in such high positions they already know the benefit information or they
don't have time to listen to what is being circulated among the rank and file. This couldn't be further from the truth.
4. Underestimating your audience's intelligence
It's tempting to gloss over issues because "people won't understand."
There are many complicated and technical issues related to the federal retirement process. These
can be related to crediting various types of service, computing retirement benefits, and calculating interest and payments
due to properly credit a period of service. If the information is presented by someone who fully understands the technical
details, it can and should be explained to employees so they have the big picture and can make the decision that is best for
them. It is important not to use acronyms and personnel-ese when speaking to employees who do not work in the benefits arena,
and to use examples and illustrations when explaining a complicated concept.
In addition, listening to an employee's entire question is not only polite, but also critical.
Sometimes it is the last word of the question that changes the meaning. I have a tendency to assume that I know what's coming
when someone begins asking a question. It has taken discipline over the years to have the patience to listen for the rest.
5. Confusing process with outcome
Your hard work was process, and you promised them an outcome. You want them to appreciate
how hard you tried, but they wanted a specific result.
Picture this: The retirement specialist has promised Craig that he will receive his first retirement
check within one month of his retirement date. Then there is a hang-up in payroll that causes the retirement application to
be sent to the Office of Personnel Management a week later than expected.
When it arrives at OPM there is a question about some of the employee's service, causing further delay. Realizing these problems,
the retirement specialist intervenes and provides additional information, avoiding further delay. But the hard work of trying
to help move the along case faster goes unappreciated, because the real problem is the first check was promised in one month
and it didn't arrive until later.
6. Using inappropriate forms of communication
E-mail is great for conveying information, but don't use it for emotional issues. E-mail
messages are too easy to misconstrue. At the same time, phone calls and face-to-face meetings are inefficient ways to disseminate
information, but great for discussing nuanced issues. Furthermore, some people are listeners, while others are readers. Don't
be afraid to ask people how they prefer to receive information.
All employees need information to help them plan for their future, and it is best if it's provided
in a way that is appropriate for each employee. There should be a variety of options available for employees to receive retirement
information. They include:
Seminars
Books, pamphlets, memos
Newsletters that provide updates on any changes
Brown-bag seminars for issues that apply to smaller groups of employees
Web sites, webinars and videoconferencing -- make use of technology
Individual counseling
Individual retirement benefit estimates
Benefit fairs
7. Ignoring acts of omission
What you don't say could be sending as loud a message as what you do say. By their very nature,
mistakes of omission are hard to uncover.
This is a common problem in communicating retirement information. In an effort to provide a
quick response to a complicated question, important details that could help the employee understand the issue more clearly
are left out. Here's a classic example:
Debbie calls her retirement specialist and asks when she can use her sick leave to become eligible to retire.
Debbie is covered under CSRS and has 29 years of service and a year's worth of sick leave. The answer given by the retirement
specialist is no, she can't use her sick leave to become eligible to retire. If she needs 30 years of service to retire, she
must work 30 years and then the sick leave will count in the computation of the retirement benefit. All this is correct, no
mistake has been made. Debbie goes back to work, resigned to the fact that she will have to work another year to become eligible
for retirement.
Here's the omission: The retirement specialist didn't check to see that Debbie will celebrate
her 60th birthday next month. At age 60, the service requirement is only 20 years. Debbie will become eligible to retire next
month, and with her sick leave, her retirement would be computed on 30 years of service.
Tammy Flanagan is the senior benefits director for the National Institute of Transition Planning Inc., which conducts federal retirement planning workshops and seminars.
She has spent 25 years helping federal employees take charge of their retirement by understanding their benefits.
For more retirement planning help, tune in to "For Your Benefit," presented by the National
Institute of Transition Planning Inc. live on Monday mornings at 10 a.m. ET on federalnewsradio.com or on WFED AM 1500 in the Washington metro area.
Inmate at federal prison killed in fight
VICTORVILLE • A federal prison inmate was killed as a result of a fight
between the victim and another prisoner, officials confirmed on Wednesday.
The victim, whose name has not been released, was involved
in a fight on Sunday night with one other inmate, said Chuck Ringwood, spokesman for the Federal Correctional Institution
in Victorville. The man died early Monday morning at a local hospital.
The manner of his death was not divulged, and the federal
prison has been on lockdown since the fight.
“We believe this was an isolated incident,” Ringwood
said. “We are gathering intelligence to try to figure out what led to the fight.”
Officials do not attribute this killing to anything that occurred
at the California Institution for Men in Chino.
The FBI is currently investigating the incident.
Guard assaulted at federal prison
Pekin Daily Times Wed Aug 12, 2009
PEKIN, Ill. - An investigation continues into the assault of a guard in the men*smedium-security facility at the FederalmCorrectional
Institution-Pekin on Friday. FCI-Pekin Public Information Officer Jay Henderson said a corrections officer was attacked by an inmate at the prison. The inmates were locked down in their
housing units immediately following the assault. Henderson declined to comment further on the attack, saying the matter is
still under investigation. He said the guard is recovering from minor wounds. The prison lockdown concluded Monday morning.
FCI-Pekin houses 1,250 male inmates in the medium security section of the prison. There are 320 women housed in the minimum security section of the prison.
Prison Riots
By Randy James
Using shards of shattered glass and metal scraps as weapons, inmates at an
overcrowded California prison went on an 11-hour rampage on Aug. 8, leaving some 250 people injured and a prison dormitory
burned to the ground. Officials believe the riot at the California Institution for Men — the state's worst since 2006
— was fueled by racial tensions between black and Hispanic inmates. The violence came as California's prison system
is adapting to a 2005 Supreme Court ruling making it more difficult for facilities to automatically segregate new prisoners
by race, as the state had done for more than 25 years to defuse potential violence. A spokesman for the prison system said
integrated prison blocks may have contributed to inflamed racial tensions prior to the riot.
Prisons are violent
places by nature; America's first recorded prison riot took place even before the Declaration of Independence, in Connecticut'
s Newgate prison in 1774, and uprisings continue to this day. One report estimates American correctional institutions saw
more than 1,300 riots in the 20th century. Prison insurgencies can be tied to a wide range of causes, including racial tension,
gang rivalries, individual feuds and general grievances against guards and prison administrators.
The nation's deadliest
uprising took place over four days at upstate New York's Attica Correctional Facility in 1971. More than 1,000 prisoners rebelled,
holding dozens of guards hostage and issuing a series of demands to improve living conditions (prisoners were reportedly allowed
only one shower per week and one toilet-paper roll per month). After negotiations broke down, authorities forcibly retook
the facility, using tear gas and live ammunition. The violence killed 32 inmates and 11 guards. (Decades later, New York state
awarded millions in damages to surviving inmates who said they were mistreated following the insurrection as well as to the
families of slain employees.) Other infamous prison disturbances include a particularly gruesome 1980 uprising in New Mexico
that claimed 33 inmate lives (some of the prisoners were mutilated with blowtorches) and an 11-day siege in 1993 at a maximum-security
prison in Lucasville, Ohio, in which a guard was killed.
As bloody as prison uprisings have been in the U.S., they
are often far more violent abroad. Indeed, the full worldwide toll of prison violence is likely unknowable, considering the
restrictions on press freedom under many of the world's more repressive regimes. One of the deadliest incidents in recent decades
took place in 1992 in São Paulo, Brazil, where 111 prisoners were killed as authorities sought to put down an uprising. Human-rights
groups accuse corrections officers of shooting inmates indiscriminately, even those who had surrendered. A Brazilian police
colonel was sentenced to 600 years in jail for using excessive force in retaking the prison; the conviction was later overturned.
The
São Paulo uprising took place in a notoriously violent prison, which housed more than twice as many inmates as it was intended
for. Many observers warn that increasing overcrowding is a serious threat in American prisons as well: reform advocates welcomed
a judicial ruling earlier this month requiring California to reduce its prison population by more than 25% over the next two
years. A three-judge panel ordered the state to trim more than 40,000 inmates from its rolls due to inadequate medical care
available to them, but the order also warned of concerns over public safety. "In these overcrowded conditions," the judges
wrote, "inmate-on-inmate violence is almost impossible to prevent." Just last month, Federal Bureau of Prisons head Harry
Lappin warned Congress that "crowded prisons result in greater tension, frustration, and anger among the inmate population,
which leads to conflicts and violence."
The corrections- technology industry — focusing on preventing and squashing
unrest — has grown in recent years, offering such products as cell doors that swing in both directions to prevent barricades
as well as stab- and slash-resistant body armor for corrections officers. Many of these products will be showcased at the
annual Mock Prison Riot trade show to be held next spring in West Virginia. Its slogan: "Where technology meets mayhem."
Obama's merit board nominees have deep background in union law
By Alyssa Rosenberg
August 4, 2009
The lawyers President Obama nominated to head the Merit Systems Protection
Board have played significant roles in some of the major campaigns that federal employee unions have waged in recent
years. But labor leaders also said Susan Grundmann, tapped to lead the board, and Anne Wagner, nominated to be Grundmann's
deputy, would not automatically rule against management and likely would work within the parameters of legal
precedent.
Grundmann, who graduated from American University and earned a law
degree at Georgetown University, has been general counsel for the National Federation of Federal
Employees since 2002. NFFE declined to comment on her nomination, citing the pending confirmation process. But Mark
Roth, general counsel for the American
Federation of Government Employees, said Grundmann shouldered a significant load at the union because she did not have
sufficient support staff.
She took on major responsibilities outside NFFE as well. According to Matt Biggs, legislative director of the International Federation of Professional and Technical Engineers, Grundmann was chosen unanimously
by the 36 unions that are part of the United Department of Defense Workers
Coalition to head the organization's legal committee, and she handled some of the arguments for the group's lawsuit against
the Pentagon's National Security Personnel System. She also was part of the negotiating team
that met with the Homeland Security Department and the Office of Personnel Management during DHS' efforts to establish an alternative personnel system.
Biggs said Grundmann is "one of the foremost authorities in the labor community when it comes to federal labor law." He also emphasized her role as an effective advocate for federal workers and
said she had earned the respect of the management teams with which she worked.
Wagner, a graduate of Notre Dame University and The George Washington University Law School, worked
on a range of employee issues as an assistant general counsel at the American Federation of Government Employees, and as a
member and former general counsel of the Government Accountability Office's
Personnel Appeals Board. That organization is similar to the Merit Systems Protection Board and makes judgments on adverse
actions and discrimination complaints, and in cases of prohibited personnel practices that occur within GAO. The general counsel
investigates allegations filed by GAO employees and can represent them before the board if there is sufficient evidence that
a violation occurred.
As general counsel to the Personnel Appeals Board, Wagner helped determine the ground rules for an election that led
to the creation of GAO's first union, a local of the International Federation of Technical and Professional
Engineers. She also led an investigation into the agency's decision to deny annual pay adjustments to analysts who
received satisfactory ratings in 2006 and 2007 under a new pay system. That new personnel system was influential in the effort
to form a union at GAO.
At AFGE, Wagner helped challenge a law forbidding federal employees
from accepting fees for making speeches or writing articles on subjects unrelated to their government jobs. As a counsel on the case, Wagner argued that
the rule was not tailored carefully enough to be a legitimate exception to the First Amendment, and the law eventually was overturned. She
also argued that the Food Safety Inspection Service and the Agriculture
Department needed to preserve an active role for food inspectors, and worked on one of the earliest cases challenging bidding
preferences for Native American corporations, an issue that has resurfaced
in recent debates over contracting reform.
AFGE's Roth said Wagner's experience would serve her well on the Merit Systems Protection Board. "I don't think I've
ever used the term 'the perfect choice' before," he said. "But she has been groomed for this position, she has been trained
for this position."
But Roth was quick to emphasize that despite the 20 years Wagner spent at AFGE, the union would not receive preferential
treatment from her. And Roth said both nominees would have to navigate through a sea of precedents created by the federal circuit courts, to which the Merit Systems Protection Board must adhere. But members' decisions
ultimately could become part of that precedent if they are upheld in court, he added.
"The fact that you have two folks who are brilliant legally, excellent writers and have their hearts in the right place
can ultimately move that agency," Roth said. "I don't think anyone can expect a 180-degree change in direction, but there's
a lot of room for more coherent decisions and different results where appropriate."
U.S. to Reform Policy on Detention for
Immigrants
By
NINA BERNSTEIN
The Obama administration intends to announce an ambitious plan on Thursday to overhaul
the much-criticized way the nation detains immigration violators, trying
to transform it from a patchwork of jail and prison cells to what its new chief called a “truly civil detention system.”
Details are sketchy, and even the first steps will take months or years to complete. They include reviewing the federal
government’s contracts with more than 350 local jails and private prisons,
with an eye toward consolidating many detainees in places more suitable for noncriminals facing deportation — some possibly
in centers built and run by the government.
The plan aims to establish more centralized authority over the system, which holds about 400,000 immigration detainees
over the course of a year, and more direct oversight of detention centers that have come under fire for mistreatment of detainees and substandard —
sometimes fatal — medical care.
One move starts immediately: the government will stop sending families to the T. Don Hutto Residential Center, a
former state prison near Austin, Tex., that drew an American Civil Liberties Union lawsuit and scathing news coverage for putting
young children behind razor wire.
“We’re trying to move away from ‘one size fits all,’ ” John Morton, who heads
the Immigration and Customs Enforcement agency as assistant secretary of homeland security, said in an interview on Wednesday. Detention on a large
scale must continue, he said, “but it needs to be done thoughtfully and humanely.”
Hutto, a 512-bed center run for profit by the Corrections Corporation
of America under a $2.8 million-a-month federal contract, was presented as a centerpiece of the Bush administration’s
tough approach to immigration enforcement when it opened in 2006. The decision to stop sending families there — and
to set aside plans for three new family detention centers — is the Obama administration’s clearest departure from
its predecessor’s immigration enforcement policies.
So far, the new administration has embraced many of those policies, expanding a program to verify worker immigration
status that has been widely criticized, bolstering partnerships between federal immigration agents and local police departments,
and rejecting a petition for legally binding rules on conditions in immigration detention.
But Mr. Morton, a career prosecutor, said he was taking a new philosophical approach to detention — that the
system’s purpose was to remove immigration violators from the country, not imprison them, and that under the government’s
civil authority, detention is aimed at those who pose a serious risk of flight or danger to the community.
Janet Napolitano, the secretary of homeland security,
said last week that she expected the number of detainees to stay the same or grow slightly. But Mr. Morton added that the
immigration agency would consider alternative ways to assure that those who face deportation — and are not dangerous
— do not flee.
Reviewing and redesigning all facilities, programs and standards will be the task of a new Office of Detention Policy
and Planning, he said. Dora Schriro, special adviser to Ms. Napolitano,
will become the director, assisted by two experts on detention management and medical care. The agency will also form two
advisory boards of community groups and immigrant advocates, one focusing on detention policies and practices, the other on
detainee health care.
Mr. Morton said he would appoint 23 detention managers to work in the 23 largest detention centers, including several
run by private companies, to ensure that problems are promptly fixed. He is reorganizing the agency’s inspection unit
into three regional operations, renaming it the Office of Detention Oversight, and making its agents responsible for investigating
detainee grievances as well as conducting routine and random checks.
“A lot of this exists already,” he said. “A lot of it is making it work better” while Dr.
Schriro’s office redesigns the detention system, which he called “disjointed” and “very much dependent
on excess capacity in the criminal justice system.”
Asked if his vision could include building new civil detention centers,
he said yes. The current 32,000-bed network costs $2.4 billion a year, but the agency is not ready to calculate the cost of
a revamped system.
Vanita Gupta, an American Civil Liberties Union lawyer who led the lawsuit against the Hutto center, was jubilant
over the decision to stop sending families there, but cautious about the other measures.
“The ending of family detention at Hutto is welcome news and long overdue,” she said in an e-mail message.
“However, without independently enforceable standards, a reduction in beds, or basic due process before people are locked
up, it is hard to see how the government’s proposed overhaul of the immigration
detention system is anything other than a reorganization or renaming of what was in place before.”
Ms. Gupta said the changes at Hutto since 2006 illustrated the importance of enforceable rules. Before the A.C.L.U.
lawsuit was settled in 2007, some children under 10 stayed as long as a year, mainly confined to family cells with open toilets,
with only one hour of schooling a day. Children told of being threatened by guards with separation from their parents, many
of them asylum-seekers from around the world.
Only through judicial enforcement of the settlement, she said, have children been granted such liberties as wearing
pajamas at night and taking crayons into family cells. The settlement also required the agency to honor agency standards that
had been ignored, like timely reviews of the decision to detain a family at all. Some families have been deported, but others
were released or are now awaiting asylum decisions in housing run by nonprofit social
service agencies.
That kind of stepped-up triage could be part of the more civil detention system envisioned by Mr. Morton and Dr.
Schriro, who has been reviewing the detention system for months and is expected to report her recommendations soon.
But the Hutto case also points to the limits of their approach, advocates say. Under the settlement, parents and
children accused of immigration violations were detained when possible at the country’s only other family detention center, an 84-bed former nursing
home in Leesport , Pa. , called the Berks Family Shelter Care Facility.
The number detained at Hutto has dropped sharply, to 127 individuals from as many as 450.
Advocates noted that Berks, though eclipsed by the criticism of Hutto — the subject of protest vigils, a New
Yorker article and a documentary — also has a history of problems, like guards who disciplined children by sending them across the parking
lot to a juvenile detention
center, and families’ being held for two years.
The Hutto legal settlement expires Aug. 29. In the most recent monitoring report last month, Magistrate Judge Andrew
W. Austin wrote: “Although the use of this facility to hold families is not a violation of the settlement agreement,
it seems fundamentally wrong to house children and their noncriminal parents this way. We can do better.”
Mr. Morton, a career prosecutor, seemed to agree. Hutto will be converted into an immigration jail for women, he
said, adding: “I’m not ruling out the possibility of detaining families. But Berks is the better facility for
that. Hutto is not the long-term answer.”
Guantanamo Detainees Won't Fit at Supermax, Olympic Bomber Says
The domestic terrorist known as the Olympic Park
Bomber says the U.S. government should think twice about transferring Guantanamo Bay detainees to the federal Supermax prison
in Colorado, which holds some of America's most notorious criminals.
Eric Robert Rudolph, who is serving a life sentence for a series of bombings that killed
two people and wounded scores of others, exclusively told FOX News in a letter dated June 30 that he doubts the Guantanamo
detainees will become his fellow inmates at the Supermax prison in Florence, Colo., about 90 miles south of Denver.
"They do not want the detainees' high powered lawyers focusing their ire on Supermax,"
Rudolph wrote to FOX News. "Washington built a nice little black hole where they throw their unmentionables and they do not
want a bunch of New York lawyers shining any light in here."
Among Supermax's notorious inmates are Sept. 11 conspirator Zacarias Moussaoui; "Unabomber"
Ted Kaczynski; Oklahoma City bombing conspirator Terry Nichols; 1993 World Trade Center bomber Ramzi Yousef; and Robert Hanssen,
a former FBI agent serving life for espionage.
Rudolph, 42, says the prison is already at capacity. "So even if they decide to move the
detainees here I do not know where they would put them," Rudolph wrote. "To house that many detainees staff would have to
empty one, two, maybe three entire units."
The Supermax prison, dubbed "The Alcatraz of the Rockies," currently holds 465 inmates,
25 short of its capacity, Bureau of Prisons spokeswoman Traci Billingsley told FOXNews.com.
President Obama has called for the Guantanamo prison to be closed by January, and Dean
Boyd, a spokesman for the Department of Justice, said no decision has been made regarding where the 229 remaining detainees
will be sent once the Cuban facility is shut down.
Boyd said the detainees would "not necessarily" be sent to federal prisons, but he declined
to elaborate.
Rudolph said that if the detainees are sent to Colorado, they will receive the same religious
privileges at the Supermax prison that they have had at Gitmo.
"The government goes out of its way to please its non-Christian inmates," Rudolph wrote
in his letter. "Muslims can buy prayer rugs and Kufi caps. Korans are given away free. A Muslim [Imam] has recently been attached
to the chaplain's office."
Detainees at Guantanamo are given 20 minutes of prayer time every day, typically at 5:30
a.m., 1 p.m., 2:30 p.m., 7:30 p.m. and 9:30 p.m., according to Joint Task Force Guantanamo. Each detainee is also issued a
personal copy of the Koran, and meal schedules are modified to accommodate holy periods like Ramadan.
Rudolph, who was linked to the racist and anti-Semitic Christian Identity movement before
his incarceration, said Jewish and Muslim inmates at Supermax are offered many items not offered to Christian inmates, like
"real" whole wheat bread and fresh fruits and vegetables.
"Many of the less than honest inmates 'convert' to Judaism or Islam just to get the Kosher
Halal food tray," he wrote. "In contrast, the government's treatment of Christians is different. Christians cannot get the
Kosher-Halal food tray."
Billingsley said all federal prisons, including the Supermax facility, accommodate all
religious diets.
Rudolph was sentenced to life without parole in July 2005 for setting off a bomb and killing
an off-duty police officer and critically wounding a nurse at an abortion clinic in Alabama. He was later sentenced to two
additional life terms for the 1996 bombing at the Centennial Olympic Park in Atlanta, which killed a spectator and wounded
scores of others, and for other bombings in and around Atlanta.
Rudolph, who bombed several facilities in a campaign against abortion and homosexuality,
said his time at Supermax has not changed him.
"I'm still the same person — a little older and little wiser, but still same person,
the same convictions," he wrote.
Constructed in 1994 at an estimated cost of $60 million, the Supermax prison, or Administration
Maximum (ADX), is one of four facilities located on the 640-acre Florence Federal Correctional Complex in Colorado.
The facility houses the country's most violent, disruptive and escape-prone inmates. No
escapes or serious attempts have occurred since its opening, Billingsley said.
Billingsley declined to discuss Rudolph's status at the prison. Inmates considered the
most disruptive are allowed up to seven hours of individual recreation opportunities weekly and one 15-minute phone call per
month.
Short-Staffed Federal Prisons Endanger Communities, Guards
The union that represents correctional officers at the U.S. Bureau of Prisons says federal prisons—including the
famed Supermax facility—are not safe and major steps must be taken soon to protect prison employees and the communities
near the prisons.
Testifying before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security yesterday, Bryan Lowery and
Phil Glover told lawmakersthat budget cuts and short staffing increasingly pose a danger to officers, inmates and
the 115 communities and small towns which surround the facilities.
Lowery is president of AFGE’s Council of Prison Locals, and Glover is the council’s legislative coordinator.
Earlier this year, AFGE successfully fought for a $545 million increase in Bureau of Prisons funding. But
the agency’s top management repeatedly has refused to follow the direction of Congress and is unilaterally saying that
none of the funds provided for increased staffing will be used for that purpose.
Lowery testified:
The blatant disregard for the safety of our federal correctional officers by the Bureau of Prisons management is inexcusable.
The safety of correctional officers, inmates and our communities is at risk.
The Council of Prison Locals is circulating an online petition urging U.S. Attorney General Eric Holder to order Bureau of Prisons management to use the appropriated funds to hire
more officers, fire Bush-era Bureau of Prisons Director Harley Lappin and hire 9,000 additional correctional officers.
The council also has asked for a meeting with Holder to address the issues at the Bureau of Prisons.
Click here to sign the petition and send Holder the message.
Years of underfunding has created a serious understaffing situation in which correctional officers are outnumbered
by inmates by 150-1 and correctional officers are unarmed inside the facilities. In a bureaucratic sleight of hand to cover
over the shortstaffing, the Bureau of Prisons counts secretaries and administrative unit managers, among other nonguard correctional
workers, in calculating its inmate-to-correctional staff ratio nationwide.
Some 206,000 inmates are confined in federal prisons today, up from 25,000 in 1980. By 2010, estimates project 215,000 inmates
in these institutions.
The number of officers who staff federal prisons is failing to keep pace with the tremendous growth in the inmate
population. Today, prison staffing is at an 86.6 percent level, compared with 95 percent staffing in the mid-1990s.
The additional officers requested by the union would return staffing to 1997 levels.
The seriousness of the short staffing was underscored last month on the first anniversary of the murder of correctional
officer Jose Rivera, who was stabbed to death in a federal prison in Atwater, Calif., while locking inmates
into their cells. He was working alone because, the union says, that prison is severely understaffed.
In addition to fully funding and staffing the prisons, the union is seeking stab-resistant vests for correctional officers.
Assaults on officers with homemade weapons have jumpred in recent years, said Lowery and Glover, who both are exposed to dangers
in their jobs as correctional officers in federal lockups.
Union and prisons director clash on funding
A federal employee union official and the head of the Bureau of Prisons agreed that understaffing is a problem in testimony
before House lawmakers on Tuesday, but painted conflicting portraits of how the agency is addressing it.
"Our No. 1 priority in the Bureau of Prisons is to increase our staff who supervise inmates," Director Harley Lappin told
the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. "We have not had the available funding to fill
as many positions that we'd like to fill...Over time, with increased medical costs, with increased salary and benefit costs,
with increased costs associated with facilities cost, [other items] have absorbed our budget."
He noted the number of inmates per prison guard has climbed from 3.6 in 1997 to 4.9 in 2009. This has contributed to growth
in prison violence, Lappin said. Phil Glover, legislative coordinator for the American Federation of Government Employees'
Council of Prison Locals, cited a bureau report that found between fiscal 2005 and 2006, the number of inmate-inmate attacks
increased 15.5 percent, and inmate-staff attacks rose 6 percent.
Lappin told lawmakers the bureau is working on beefing up its staffing, and said he would provide Rep. Zoe Lofgren, D-Calif.,
a summary of ongoing efforts. He added that he hoped future budgets would allow the bureau to hire 3,000 more employees, including
corrections officers.
But in written testimony, Glover criticized Lappin for failing to take advantage of funding already available. He said
"informed sources" told AFGE that the bureau intended to use $70.6 million set aside in President Obama's 2010 budget to hire
742 correctional officers "to help rebuild various BoP operational activities (inmate care programs and prison facility maintenance
and security functions)."
Glover also said in his written testimony that Lappin rejected a recommendation from the House Appropriations Committee
that the bureau use extra funds in the fiscal 2009 Omnibus Appropriations Act to hire more corrections officers. Instead,
Glover said, Lappin planned to spend that money on the 2009 federal employee pay raise; inmate care costs that were higher
than budgeted; new education and drug treatment staff; and the National Institute of Corrections, a think tank and training
center for state and federal corrections agencies.
Traci Billingsley, chief public information officer for the Bureau of Prisons, said it was true that the pay raise had
consumed $111 million of the $257 million funding increase that the bureau received in fiscal 2009, and the bureau was coping
with rising costs in other areas, including medical care and utilities. The bureau also opened a new medium-security prison
in Louisiana in fiscal 2009, she said.
But Billingsley said the union's characterization of the bureau as spending no funds on staffing was inaccurate. The bureau
has a net increase of 405 staff so far this year, she said, and during the third and fourth quarters of 2009, the size of
the corrections departments at federal prisons and the federal Supermax facility is set to increase by 2 percent.
Cardoza says he warned Atwater warden about prison conditions
WASHINGTON -- The former warden of U.S. Penitentiary Atwater ignored congressional warnings
before the June 2008 slaying of correctional officer Jose Rivera, Rep. Dennis Cardoza told lawmakers Tuesday.
In the months preceding Rivera's murder, Cardoza said he had received multiple complaints from
Atwater guards about conditions at the maximum-security facility. But when the Merced Democrat tried alerting then-warden
Dennis Smith, he says he got the brush off.
"I wrote to him and then I called him, and he didn't respond," Cardoza told a House panel. "He
wouldn't return my phone calls."
Testifying before the House subcommittee on crime, terrorism and homeland security, Cardoza
underscored that it's rare for top federal agency employees to ignore congressional communications. Unresponsiveness wasn't
the only issue.
"There were a number of things that were a failure by the prior warden," Cardoza said, adding
that he is very satisfied with the work of the current Atwater warden, Hector Rios Jr.
An April 2009 Bureau of Prisons Board of Inquiry report into Rivera's slaying identified multiple
problems at the prison, ranging from widespread availability of "intoxicants" and homemade weapons to infrequent pat searches
and troubling gang control over cell assignments.
Smith was transferred to an Illinois prison following Rivera's killing and could not be reached
to comment Tuesday. He was named, along with other top Bureau of Prisons officials, in a federal lawsuit filed by Rivera's
family. The $100 million lawsuit filed in U.S. District Court in Fresno last month contended that federal prison officials
bore responsibility for the "dangerous conditions that resulted in the death" of Rivera.
Rivera's family has since withdrawn the lawsuit in order to first file a required administrative
claim. If the Bureau of Prisons rejects the claim within the next six months, an attorney working with Rivera family lawyer
Mark J. Peacock said Tuesday, the lawsuit will resume.
Two former Atwater inmates, Joseph Cabrera Sablan and James Leon Guerrero, now await trial on
murder charges. Both men were intoxicated when they attacked Rivera with an ice pick-type weapon, investigators concluded.
"Sablan admitted to the FBI he was drunk at the time of the incident and stated he did not remember
what happened," the board of inquiry report stated.
In their most recent court filings, defense attorneys last week spelled out in 23 pages all
of the potential evidence they want from prosecutors, ranging from videos and maps to Rivera's autopsy report and the arrest
records of every potential witness.
Rivera was unarmed and not wearing a stab-proof vest at the time he was attacked. His death
accelerated calls for additional staffing and better equipment, though some pleas for help had preceded his killing, as well.
In an April 2008 letter sent to Smith as well as Bureau of Prisons Director Harley Lappin, Cardoza
stated that "personnel are worried that they simply do not have the resources to cope" with overcrowded, understaffed facilities.
Currently, the Bureau of Prisons oversees more than 207,000 inmates nationwide.
In 1997, federal prisons maintained a 3.7 inmate-to-staff ratio. Currently, federal prisons
have a 4.9 inmate-to-staff ratio.
"Our number one priority is increasing staff," Lappin told the House panel Tuesday, adding that
"we have not had the available funding" to do so recently.
Lappin added that "there is a direct, statistically significant relationship" between prison
overcrowding and prison violence. An increase of one inmate in a facility's inmate-to-staff ratio is associated with an additional
4.5 serious assaults per 5,000 inmates, Bureau of Prisons research has shown.
The House and Senate are working on a fiscal 2010 Justice Department funding bill that includes
$70.5 million for additional federal prison staffing. Union representatives, who have been calling for Lappin's resignation,
say they fear the additional money will be used for purposes other than hiring more staff.
Panel: Prison Overcrowding Jeopardizes Guard and Inmate Safety
By Matthew Harwood
07/21/2009 -
Overcrowding at federal prisons is seriously jeopardizing the safety and security of guards and inmates alike, witnesses
told lawmakers today.
Correctional administrators agree that crowded prisons result in greater tension, frustration, and anger among the inmate
population, which leads to conflicts and violence,"said Harry G. Lappin, director of the Federal Bureau of Prisons
(BOP), before a subcommittee of the House Committee on the Judiciary.
Since the 1980s, the prison population has exploded within federal prisons. From 1980 to 1989, the inmate population doubled
from 24,000 to 58,000, mainly due to mandatory minimum sentencing statutes. During the 1990s, the population more than doubled,
ballooning to 134,000. As of July 2, 2009, the FOB detains 170,700 prisoners, while another 36,000 prisoners are held under
contract with private prisons.
"Systemwide," noted Lappin, "the BOP was operating at 37 percent over its total rated capacity."
Despite this dramatic increase in the prisoner population, the number of guards necessary to keep these institutions safe
has not kept pace.
"The BOP system is currently staffed at an 87 percent level, as contrasted with the 95 percent staffing levels in the mid-1990s,"
testified Phil Glover, legislative coordinator for the American Federation of Government
Employees' Council on Prison Locals. "This 87 percent staffing level is below the 90 percent staffing level
that BOP believes to be the minimum staffing level for maintaining the safety and security of BOP prisons."
Currently, the inmate-to-staff ratio in BOP facilities is 4.9 inmates to 1 staff member, whereas in 1997 the ratio
was 3.7 to 1, Glover added.
Such overcrowding overwhelms prison guards and leads to increased rates of serious violence among the inmates, Lappin testified,
citing an internal BOP study from 2005.
We found that both the inmate-to-staff ratio and the rate of crowding at an institution (the number
of inmates relative to the institution’s rated capacity) are important factors that affect the rate of serious inmate
assaults.
Our analysis revealed that a one percentage point increase in a facility’s inmate population
over its rated capacity corresponds with an increase in the prison’s annual serious assault rate by 4.09 per 5,000 inmates;
and an increase of one inmate in an institution’s inmate-to-custody-staff ratio increases the prison’s annual
serious assault rate by approximately 4.5 per 5,000 inmates. The results demonstrate through sound empirical research that
there is a direct, statistically significant relationship between resources (bed space and staffing) and institution safety.
The violence has also increasingly touched guards too, said Glover.
In just over the past year, one guard in California was murdered by two inmates while another guard in Indiana was "brutally
stabbed," he said. Glover also noted a 2006 report from the BOP that reported inmate-on-staff assaults increased 6 percent
over the prior fiscal year.
To increase the safety and security of federal prisons, Glover and Lappin urged Congress to direct BOP to hire more staff.
Lappin also recommended other solutions, such as expanding inmate housing at existing facilities; funneling nonviolent criminal
aliens, which make up 10 percent of the prison population, to private prisons; and reducing the prison population or the amount
of time a prisoner serves.
The likelihood that the BOP will hire more staff, however, seems remote, says Glover.
The BOP has decided that none of the money allocated in FY 2009 and that will eventually be allocated in FY 2010 will
go to hiring more correctional officers, rather it will be spent to "rebuild various BOP operational activities (inmate care
programs and prison facility maintenance and security functions) that were allowed to erode due to years of inadequate salaries
and expenses account funding," Glover told lawmakers.
The list of offenses reads like a police blotter during a full moon.
June 25, Inez, Ky.: Inmate stabs officer with shank covered with feces.
July 7, Anthony, Tex.: Prisoner places officer in headlock and beats him.
July 13, Hazelton, W.Va.: Inmate throws feces and urine on officer.
Friday, Springfield, Mo.: Inmate strikes Bureau of Prisons officer in the head after inmate was told
to pull up his pants.
The stomach-turning catalogue of violence against federal prison employees, provided by the American
Federation of Government Employees, is long, serious and apparently unending. The assaults are sometimes fatal.
In June 2008, Jose Rivera became the first Federal Bureau of Prisons officer killed in the line of
duty in 11 years when he was stabbed by inmates at a penitentiary in Atwater, Calif. Less than a year later, on April 23,
another correctional officer, whose name the bureau would not release, was stabbed in a federal prison in Terre Haute, Ind.
"BOP prisons have become increasingly dangerous places to work, primarily because of serious correctional
officer understaffing and prison inmate overcrowding problems," Phil Glover, a union official, told a congressional panel
Tuesday.
The inmate-to-staff ratio is more than one-third greater than it was in 1997, federal figures show.
"Systemwide, the BOP was operating at 37 percent over its total rated capacity" as of July 2, the bureau's
director, Harley G. Lappin, told the House Judiciary subcommittee on crime, terrorism and homeland security. But high-security
facilities, where the most violent offenders are kept, are 50 percent over capacity.
Medium-security pens are almost as crowded. In about 20 percent of those facilities, cells are triple-bunked, "and in many
institutions, inmates are being housed in space that was not designed for inmate housing," Lappin said.
As overcrowding increases, so do assaults. Inmate-on-staff violence rose 6 percent and inmate-on-inmate violence jumped
16 percent in fiscal 2006, compared with the previous year, Glover said, citing BOP statistics. In addition to being the legislative
coordinator for the union's Council of Prison Locals, he is a correctional officer in Loretto, Pa.
Although much of the hearing dealt with issues such as inmate health care and the overblown topic of terrorists in U.S.
correctional facilities, the most gripping part of the discussion focused on the safety, or lack of it, of the 34,000 federal
correctional officers and employees who work in the prisons. Glover blamed Lappin for allowing the number of officers to fall
too low for the growing inmate population they theoretically control.
Union leaders want Lappin's head to roll.
Glover said that "BOP management is failing to take advantage of increased federal funding to hire additional correctional
officers," despite Lappin's assertion that increasing staff levels is his top priority.
Glover said that $160 million in the current budget has not been spent to hire officers and fill other needs, as Congress
intended, and that BOP has no plans to spend $70.5 million provided to increase officer staffing next year.
Not so, Lappin said. "All of the money we have for salaries is being put to use for salaries and benefits for staff," he
said after the hearing.
Glover told lawmakers that they should direct the Bureau of Prisons to take action that would enhance staff safety. The
federal employees' union says two correctional officers should be assigned to each housing unit; officers should be provided
batons, pepper spray and stun guns in potentially dangerous situations; and the use of protective vests should be subject
to "a more reasonable implementation policy."
Labor and management clearly have their differences, but they agree that prisons with too many inmates who have too little
work become breeding grounds for violence against each other and staff members.
Federal Prison Industries provides inmates with jobs and a chance to develop skills and improve their work ethic as they
produce goods for sale. "It also keeps inmates productively occupied," Lappin said. "Those who participate in FPI are substantially
less likely to engage in misconduct."
But that won't be the case for 1,700 inmates who are losing their jobs. Last week, 19 prison factories began closing or
cutting back operations. Work hours are being cut for other inmates.
The union doesn't represent those prisoners, but it argues for their jobs, for altruistic and selfish reasons.
The loss of inmate jobs, Glover said, "would seriously endanger the safety of our members -- the correctional officers
and staff who work inside BOP institutions."
The government-owned company that
employs federal prison inmates is closing some factory operations at 14 prisons and downsizing operations at four more amid
multimillion-dollar losses, according to a copy of a memo provided by a prison union official.
ByCATHERINE TSAI
DENVER —
The government-owned company that employs federal prison inmates is closing some factory
operations at 14 prisons and downsizing operations at four more amid multimillion-dollar losses, according to a copy of a
memo provided by a prison union official.
Federal Prison Industries Inc., or UNICOR, has lost $20 million year to date and has
lost money the last seven months, according to the memo Wednesday from Paul Laird of the Bureau of Prisons.
The Associated Press received a copy of the memo from Phil Glover, national legislative
coordinator for the Council of Prison Locals, American Federation of Government Employees.
The memo didn't say how many staff jobs were affected. Bureau representatives didn't
return after-hours phone messages.
Laird wrote that the company has excess production capacity, and cost-reduction initiatives
weren't enough to bring profits.
The memo said the company started closing factories at eight prisons Tuesday in various
states and will close operations at specialized units at six more prisons. Operations at four more prisons will be downsized.
The initiatives are expected to save nearly $16 million a year in operating costs,
beginning in late 2010, Laird wrote in the memo.
"This was an extremely difficult decision because it affected a number of dedicated
FPI staff. However it is critical that FPI not incur costs that we have insufficient business to support," he wrote.
Glover said Laird told union officials early this year that the company was projecting
multimillion-dollar losses for the year.
Glover said the military hasn't been buying as much equipment from the company. At
the Loretto federal prison in Pennsylvania where he is a correctional officer, the factory was running two shifts, five days
a week, to keep up with orders for communications cable during the Iraq war, he said.
The workload is now down to four days a week, with one shift and almost 200 fewer inmates
working, Glover said.
Glover estimated 100 non-inmate jobs could be affected by the factory downsizing, although
workers could be offered other corrections jobs. The larger issue, though, is what will happen with inmates who lose jobs
- a big safety issue for corrections officers, Glover said.
"Idle inmates are always a recipe for disaster," said Mike Schnobrich, a correctional
officer and treasurer for an American Federation of Government Employees local union in Colorado. "One of the benefits of
having UNICOR is it takes up inmates' time. They're being productive, they're busy working."
The company had 21,836 inmate employees and 109 factories at 76 locations as of Sept.
30, 2008. The program is aimed at preventing recidivism and teaching inmates job skills.
Correctional officers need help to increase fed. prison staffing
To the Editor:
First, I would like to take the time to thank Mr. Nelson Trout for his public remarks in the newspaper
concerning our union's fight for a safe work place in this already dangerous and unstable environment
(The News, July 7, 'Use stimulus money for prison staffing'). This week, I sat at home and watched as most Americans did the
memorial services for Michael Jackson. During this time, the news anchor commented on the expense that
was incurred by the city of Los Angles and the state of California to
put together that remarkable event. He also commented on the strain that it placed on the city's budget
for putting on this event. Those comments then left me tothink — how we as Americans
can accept the fact that there is no money to pay for the life of many in the Federal Bureau of Prisons, but
we can pay this type of money to place one celebrity to rest. However,
a young man who served his country both in the U.S. Navy and in the Federal Bureau of Prisons was
brutally stabbed to death on the job and his burial was overlooked by
many. Did Officer
Jose Rivera get this same type of treatment as Michael Jackson? Are we still willing to place many other lives in jeopardy
behind those prison walls and fences? These are some of the questions that come to mind. This is while our correctional officers are proudly protecting
our communities and society from some of the most dangerous people in America and around the world, while
having. to work in conditions of understaffing and overcrowding in federal prisons. Just this week at FCI Fairton, we received more inmates than we
have beds available to place them in. Yes, inmates sleeping on cots. Who cares about the safety of the correctional
officers and the support stall? When are we going to hire the staff necessary
to handle this increased inmate population. What price tag does the BOP have when it comes to staffing
prisons at a safe level or purchasing the necessary safety equipment needed to protect our officers and
support staff. As Americans, what are we willing to pay and do to protect the people who still remain working in
this dangerous environment behind our prison walls. Correctional officers walk one of the most dangerous beats
in our law enforcement society. I am asking the community to call on Attorney General Eric Holder,
your congressman and senators to mandate that the BOP management increase staff in our federal prisons
at an appropriate, safe level and give staff the safety equipment needed to do our job.
DAVID F. GONZALEZ
President,
AFGE Local 3975
FCI Fairton
TRUMKA SLATE SET TO FIGHT FOR WORKERS
Taken from UNION CITY! Metro Washington Council News,
AFL-CIO
"The party's over!" thundered Rich Trumka yesterday morning, issuing a stern
warning to America's bosses and political leaders as he officially announced his candidacy to lead the AFL-CIO. "American
workers have been beaten, cheated, lied to and stolen from," Trumka shouted, his words echoing in the University of the District
of Columbia's central plaza, "we're losing our jobs, our pensions and, quite frankly, our patience. We want a seat at the
table and we don't have a moment to waste. We will seize this moment and together, we will turn this country around!" Trumka's
stirring speech brought the crowd – which included dozens of top national labor leaders and hundreds of union staffers,
activists and rank-and-file members – to its feet, cheering and applauding. "Martin Luther King said that the time is
always right to do what's right," Trumka added. "If you stand with us, we'll stand with you. If not, you better step aside."
His speech capped the introduction of Trumka's slate, which includes Arlene Holt Baker for re-election as Executive Vice President
and Liz Shuler – currently executive assistant to IBEW President Edwin Hill - for Secretary-Treasurer. In addition to
promising a renewed focus on mobilizing and organizing, all three candidates emphasized the labor movement's need to appeal
to young workers. "How many of you have a Facebook page?" Shuler asked. "Friend me! Follow us on Twitter and watch us on YouTube."
Everyone who spoke paid tribute to outgoing President John Sweeney, including Holt Baker, who called him "a man of great humility,
who's been there for us through challenging times." Noting that "Corporate America sees no difference between us, just the
threat we pose" to their power, Trumka called for unity in the American labor movement. "We must join forces, or the opportunity
to rebuild the labor movement will slip through our fingers like sand." Metro Council President Jos Williams served
as Master of Ceremonies for the event, noting that "collaboration is underway between local labor leaders, community groups,
and faculty to establish an organizing institute here on campus." The election will take place at this year's AFL-CIO convention
in September; No other presidential candidate has announced. Gregory Junemann, president of IFPTE, also is running for secretary-treasurer.
Click here for Mike Hall's AFL-CIO Now blog report.
Inmate fight at Beaumont penitentiary causes lockdown
ByBLAIR DEDRICK ORTMANN
July 6, 2009 Posted: July 6, 2009, 1:49 PM CDT Last updated: July 6, 2009, 4:11 PM CDT
A fight Sunday evening involving a group of inmates has caused the U.S. Penitentiary - Beaumont to be put on lockdown.
Staff gained control of the incident immediately, a release from the correctional complex stated, and one inmate, who was
treated for a contusion at a local hospital, has been returned to the prison.
There were no injuries to staff members, and there was no threat to the community, the release stated.
The lockdown, a state of increased security and inmate supervision, has been put into place while the incident is investigated,
the release stated.
During lockdown, inmates are generally confined to their housing units or cells shile services such as meals, medical care
and showers are provided to all inmates within their assigned units.
Visiting has been suspended during the lockdown, but it is anticipated to be back to normal operations shortly, the release
stated.
U.S. Marshals searching for prisoner who was allowed to take himself to halfway house
ByNaples Daily News staff report
U.S. Marshals are searching for a prisoner from Fort Myers who recently walked away from an unescorted move to a halfway
house in the city.
Kent George Sawyer, 43, was serving a 92-month sentence for a 2003 drug possession conviction. Held in a low-security prison
at the federal Coleman complex in Orlando, Sawyer was granted a June 8 move to the halfway house, according to an affidavit
filed in federal court.
He was permitted to travel unescorted to the home, the Salvation Army Residential Reentry Center on Edison Avenue.
Sawyer was to take a taxi from the prison to the Orlando bus station and catch an afternoon Greyhound bus to Fort Myers,
arriving no later than 8:35 p.m. Sawyer would then take a taxi to the reentry center, arriving no later than 9:05 p.m., according
to the affidavit.
When he didn't show up, the Bureau of Prisons notified marshals that Sawyer had escaped.
The U.S. Marshals Service filed a criminal complaint against Sawyer on Wednesday. In the affidavit, Deputy U.S. Marshal
Paul Smith stated that Sawyer still hadn't been found.
The Bureau of Prisons grants furloughs to prisoners who meet "strict requirements," according to its Web site. Reasons
for the unescorted trips include family emergencies and efforts to aid the prisoner's eventual release.
Sawyer showed no disciplinary problems in prison, according to court documents.
His sentence, originally for 110 months, was reduced last year to match newly lowered federal crack cocaine sentencing
guidelines.
House unanimously approves
FERS sick leave bill
By ELISE CASTELLI
June 25, 2009
The House unanimously approved a bill that could increase the pensions
for hundreds of thousands of federal employees covered by the Federal Employees Retirement System (FERS).
The measure credits the unused sick leave of retiring FERS employees
toward their time-in-service when calculating their pensions. There are roughly 1.4 million employees in the FERS. Employees
under the older Civil Service Retirement System (CSRS) have always had this benefit.
The House approved the measure, called the Disabled Military Retiree
Relief Act of 2009, by a 404-0 vote. It now moves to the Senate, which stripped similar provisions from a bill giving the
Food and Drug Administration the authority to regulate tobacco.
The bill also allows FERS employees who leave and thenreturn
to federal service to get credit for their previous service and to redeposit their retirement annuities so they can receive
a pension for their entire federal service. CSRS employees already have this benefit.
But CSRS employees also would benefit from the bill if it gets passed.
It would let CSRS employees who choose to work part-time at the end of their careers collect their full annuities.
The bill also extends locality pay to Alaska, Hawaii and U.S. territories,
which currently only get cost of living adjustments (COLAs). The region would begin transitioning to the locality pay system
starting in January 2010, when employees would receive one-third of the locality pay percentage for the rest of the U.S. In
2011, those employees would receive two-thirds of the locality pay percentage. And in 2012, they would receive full locality
pay.
COLAs are based on higher cost of goods and services in regions while
locality pay aims to close the pay gap between public and private-sector employees. Employees who are paid COLAs get smaller
annuities when they retire because locality pay boosts base salary, which can be counted toward their annuity calculations.
Prisons dangerously understaffed
To the Editor:
I am David F. Gonzalez, the local union president of AFGE Council of Prison
Locals Local 3975, located at Federal Correctional Institution, Fairton, N.J. I would like to take a moment to educate the
local community on the hurdles that we face as federal correctional officers on a dally basis and why we need your support.
On June 20, 2009, this marked the one-year anniversary of Officer Jose Rivera's death in the federal prison in Atwater, Calif.
While locking inmates into their cells by himself in June of last year, Officer Rivera was stabbed to death by inmates. Officer
Rivera had no stab-proof vest. Officer Rivera was a veteran who served in Iraq and though he survived in Iraq, he was murdered
doing a job that most folks don't understand. A year later, correctional officer's working in the federal prisons still lack
the necessary safety equipment and are unarmed, we still have a severe staff shortage and on certain shifts one correctional
officer in the housing units. You would think after losing a young life such as Officer Rivera a
year ago, that the light would go off and someone, somewhere would say, this has to stop before someone else gets killed.
Most recently, on April 23, an officer at a federal prison in Terre Haute, Ind., was stabbed seven times by an inmate in a
murder attempt. A week later, in a federal prison in Tucson, Ariz., a correctional officer was attacked and could not radio
for help because his radio had been grabbed. Responding staff came to his aid only after being alerted by another inmate.
These are just some examples of what we as federal correctional workers have to face every single day we go behind that fence,
regardless of how we are staffed. Now, what issues do we face today, when we are using support staff such as a secretary or
a case manager or even a plumber to take the place of a correctional officer. On the evening and morning shifts, staff are
outnumbered 100 or 200 to one. This is because what is told to we
don't have the money to hire enough staff
that is needed to fulfill the agency mission on a daily basis or, most important, purchase the proper safety equipment for
staff. The dangerous federal prison conditions has the BOP staff and the union wondering why are we so short-staffed when
the agency has been given a budget by Congress that includes increases every year. As a local union president for the last
9 years, I still cannot understand this. The actions taken by the agency also puts the community at risk as well, so every
one of us has a stake in the running of these unsafe and understaffed prisons. The union is calling on Congress to provide
an increase to the agency's budget and, most important, direct the agency to use a big chunk of this increase to hire new
correctional officer's now — before we have another incident like what happened to my fallen brother on June 20, 2008.
Keeping Hope Alive
By Alex M. Parker
Last week lawmakers left employee groups disappointed when they stripped a gargantuan tobacco regulation bill
of language that would have resolved an inequity in how sick leave is treated in the two major federal retirement systems,
and made it more attractive for employees in the newer system to return to government after a stint in the private sector.
Luckily for federal employees, these provisions aren't necessarily lost for good.
There is a decent chance they could crop up later this year as amendments to other bills, supporters say.
In addition to the measure that would have allowed Federal Employees Retirement System
members to count unused sick time toward their retirement benefits, a provision could resurface that permits FERS workers
to redeposit retirement funds collected after leaving government upon returning for a second round of service. There is one
caveat: workers would have to redeposit not only the amount they took upon leaving, but also the interest the money would
have earned had they left it with the government.
One big hurdle in tacking these measures onto other bills, however, will be bringing
them in compliance with pay-go rules, which require that all new entitlement programs or tax cuts be offset by spending cuts
or revenue increases.
In the tobacco bill, the cost of implementing the provisions would have been offset
by increased revenues from a Roth 401(k) option added to the Thrift Savings Plan, at least in the short term. (In a Roth account,
workers contribute income that already has been taxed in contrast to a traditional retirement account, which is not taxed
until the money is withdrawn.) Of course, once Roth contributors retire, they would withdraw that money tax-free, counteracting
the government's earlier gains. But the Congressional Budget Office only estimates the cost of a bill for 10 years after it
is enacted.
If lawmakers want to attach the provisions to a different bill, they will have to
couple them with new revenue-generating or cost-cutting proposals.
But despite this challenge, it is unlikely the tobacco bill will be the last that's
heard of the provisions, supporters say.
SSI Solution
Soldiers and other uniformed service members who receive combat pay soon might not
have to worry about whether that pay would prevent their family from collecting Supplemental Security Income.
The proposed rule change, posted
in the Federal Register on June 11, would designate that combat pay not
be factored in to the calculation of whether a service member or his or her family would qualify for SSI, which is administered
by the Social Security Administration and is available to those who are elderly, disabled or have limited income.
"These proposed rules would protect spouses and children of members of the uniformed
services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone," the notice stated.
According to the proposed rule, most military members probably are not eligible for SSI benefits themselves, but their family
members may be. Current rules already discount "hostile fire pay," but the change would broaden that to include all types
of additional pay given for serving in a combat zone.
"We determined that it would be inequitable to deem that pay as income and reduce
family members' benefits or potentially render the family member ineligible for SSI," government officials wrote in the notice.
Citizens can submit comments on the proposal until Aug. 10 via the Web site Regulations.gov, by fax to (410)
966-2830, or by mail to:
Commissioner of Social Security P.O. Box 17703 Baltimore, Md. 21235
Comments also can be hand-delivered to SSA's Office of Regulations at 922 Altmeyer
Building, 6401 Security Blvd., Baltimore, between 8 a.m. and 4:30 p.m.
Marion, Illinois, Mayor
Would Welcome Guantanamo Prisoners
Produced by City Room
A
downstate Illinois mayor says he'd welcome the transfer of former Guantanamo Bay detainees to a prison in his city. Robert
Butler is the mayor of Marion, Illinois. He says his hometown federal prison could hold some of the 229 suspected terrorists
once the prison in Cuba closes.
BUTLER: If they're not going to shoot them, or ship them to the North Pole or some
place - get them out of society and keep them out - this facility would probably be as good as any.
Illinois U.S. Sen.
Dick Durbin suggests the Marion penitentiary could be expanded to accommodate Guantanamo detainees. But a representative for
the federal Bureau of Prisons says she's not aware of any plans to move terror suspects to Marion.
Critics say holding
suspected terrorists in the United States would pose a security threat.
Doubts on Handling Terror Detainees End at U.S. Prison Gates
By SOLOMON MOORE
VICTORVILLE, Calif. — The watchtowers of the federal penitentiary here rise above the
desert hills like austere minarets. Inside, about 1,500 men are held in cells encased in thick concrete. The prison is wired
with electronic sensors and cameras. Some 220 correctional officers keep watch.
The men here are among the most dangerous and most violent criminals in the nation. They include assassins, drug kingpins
and members of fearsome criminal gangs. Officials say the penitentiary also holds more than one of the 216 prisoners serving
time in the United States for crimes related to international terrorism.
Prisons like this could figure prominently in the Obama administration’s effort to close the prison at the naval
base in Guantánamo Bay, Cuba. Politicians in both parties have expressed doubts that mainland prisons could safely hold those
detainees, but federal prison officials say they share no such qualms.
Since the Victorville United States Penitentiary opened in 2005, no one has escaped, nor, prison officials said, has anyone
even tried. No international terrorist has escaped from any part of the federal prison system, officials say.
“We’re more concerned about gangs like the Aryan Brotherhood, the Crips and the Bloods than anything having
to do with terrorists,” said Joseph L. Norwood, the warden at the Victorville prison complex, which also has three lower-security
prisons with a total of 4,400 inmates.
In negotiations over a $106 billion supplemental spending bill for the Iraq and Afghan wars, Congress recently reached
a temporary compromise that allows detainees from Guantánamo to come to the United States to face trial. The deal will give
the Obama administration time to rework its plan to close the Guantánamo prison by next January.
Last week, the first Guantánamo detainee to be transferred to the United States for trial, Ahmed Khalfan Ghailani, was
arraigned on charges that he had conspired to bomb the United States Embassies in Kenya and Tanzania in 1998. He is at the
Metropolitan Correctional Center in Manhattan.
Bureau of Prison officials declined for security reasons to provide a list of names or locations of imprisoned international
terrorists, but they agreed to offer a tour of the penitentiary here, about 70 miles northeast of Los Angeles, to demonstrate
the kind of security that would be in place should Guantánamo detainees be moved to prisons like this one.
In a recent visit, Mr. Norwood, a quiet, stocky man with a crew cut, led a reporter from a conference room near the front
of the penitentiary through a pair of sliding metal gates that never open at the same time.
Beyond the gates is a 20-foot “no man’s land” between the administrative offices and the inmate housing
units. A collapsible barbed wire fence runs along the outside of the strip. Razor wire swirls along the fence, which is rigged
with sensors to detect attempted breaches. At night, the security strip is bathed in light and kept under constant surveillance
by guards with rifles.
Beyond another set of airlock security doors is a long hallway separating the inmates’ living quarters and the dining
hall from the dusty recreational fields and basketball courts at the center of the prison. The hall is interrupted by gates
every several feet to control the prisoners’ movement.
“Our thing is control,” said Charles Ringwood, a prison spokesman. “The schedule is controlled. All movements
are controlled. Everything has to be controlled.”
Standing above the prison yard, Guard Tower 7 forms the hub of the penitentiary. Wire fences slice the recreation yard
into sections. Inmates in standard-issue khaki uniforms played a full-court basketball game in one section; in another, inmates
walked in a circle. There were no free weights, which have been banned in most federal prisons.
Inmates live in six triangular housing pods arrayed around the prison yard, each holding about 250 prisoners. Inmates from
different housing units rarely associate with one another. Each housing pod has two levels of cells around a common area.
Inmates can use earphones to listen to televisions, which are affixed to a post. The area has payphones and a microwave for
food bought at the commissary.
Inmates sleep in two-bunk cells. Random searches are conducted daily. Prisoners are counted five times each day —
at 4 p.m., 10 p.m., midnight, 3 a.m. and 5 a.m. Inmates deemed to be “high security risks,” including some international
terrorists, must check in with prison staff members every two hours. Those who do not may be sent to the Special Handling
Unit, a set of isolation cells where inmates have little or no contact with others.
The isolation cells were full, Mr. Norwood said, with 235 inmates there for reasons including violence and disobeying commands.
Some are there to be protected from other prisoners. Prisoners generally stay in isolation cells for one to six months, Mr.
Norwood said.
The Bureau of Prisons Web site shows that international terrorists are held at many of its 115 facilities, including some
medium- and low-security prisons. Officials say they are up to the task.
Bryan Lowry, a union leader for federal correctional officers and a guard at the medium-security prison in Forrest City,
Ark., said terrorists were handled like any other inmates.
“At Forrest City we’ve housed some terrorists like Terry Nichols and Timothy McVeigh” of the Oklahoma
City bombing, Mr. Lowry said. “We have detained some very dangerous, violent inmates. But our staff are well-trained.
We are professional, and I believe we can take on any mission and house any type of inmate.”
House members ask Obama to bring back labor-management partnerships
By Alyssa Rosenberg
Three Democratic lawmakers have asked President Obama to restore a labor-management partnership council established by
President Clinton and abolished by President Bush.
"Union leaders with whom we have spoken agree that the labor-management partnership recognized the importance of employees
and their employee representatives to smooth collegial decision-making in the government," wrote Reps. Edolphus Towns, D-N.Y.,
and Stephen Lynch, D-Mass., and Del. Eleanor Holmes Norton, D-D.C., in a June 2 letter to the president. "The council served
the essential purpose of maintaining communication between the heads of executive agencies and the president to better serve
the public."
Clinton created the governmentwide National Partnership Council in a 1993 executive order, and directed agencies to establish
their own groups. But Bush shut down the partnerships with a 2001 executive order. In 2007, Rep. Danny Davis, D-Ill., and
Sen. Daniel Akaka, D-Hawaii, introduced legislation that would have written the councils into law; the bill did not make it
out of committee in either chamber of Congress.
Reviving the labor-management partnerships has been a priority for federal unions, though there has been some disagreement
about the form the partnerships should take. John Gage, president of the American Federation of Government Employees, has
said he would prefer a version of partnership that did not require employee and management representatives to be trained in
negotiation tactics that focus on reaching compromises and consensus. Other unions have praised the Clinton-era partnerships
for fostering greater collaboration between labor and management, and a number have submitted drafts of a potential executive
order.
"Partnership, collaboration, cooperation -- it does not matter what it is called," said Colleen Kelley, president of the
National Treasury Employees Union. "The idea is that a mechanism be established by which employees' voices can be heard in
a nonadversarial forum where everyone retains their rights and where the objective is raising and talking through ideas that
address ways to reach common goals."
Even absent an executive order, the Obama administration has shown some interest in restoring partnership. Lisa Jackson,
administrator of the Environmental Protection Agency, voluntarily restarted EPA's partnership council. And Office of Personnel
Management Director John Berry said during his confirmation hearing that he wanted to increase labor-management collaboration
within OPM to set a strong example for the rest of government.
On June 14, 2009, at 4:00 PM, while conducting the official count, staff at the Taft Correctional
Institution discovered that one inmate was missing from the Institution’s Satellite Camp facility. The Satellite Camp
is a minimum-security facility that houses approximately 550 federal inmates. There is no security fence around the facility,
which is common for a minimum-security facility within the federal prison system. Minimum security is the lowest security
level in the federal prison system.
Taft Correctional Institution immediately contacted all appropriate law enforcement
agencies including the Taft Police Department, Bakersfield Police Department, Kern County Sheriff’s Department, California
Highway Patrol, Federal Bureau of Investigation, Maricopa Police Department, Federal Bureau of Prisons, and United States
Marshals Service.
Inmate Stephen Thomas, Register Number 08654-062, was sentenced on November 9, 2000, in the Northern
District of Oklahoma, to 240 months in federal custody for Conspiracy To Possess With Intent To Distribute A Controlled Substance.
He arrived at the Taft Correctional Institution Satellite Camp on March 24, 2008, as a lesser security transfer from FCI Texarkana.
His projected release date was November 14, 2017, via Good Conduct Time Release.
If anyone suspects they have seen
this individual or obtains information as to his location, please contact the Taft Correctional Institution at 661-763-2510,
or any of the law enforcement agencies listed in this press release.
Schock says closing Guantanamo poses risks to U.S.
The Guantanamo Bay detention center, with the largest known al-Qaida cell in the world being held there, is an invaluable
asset to U.S. military and intelligence operations, said U.S. Rep. Aaron Schock.
Closing it would strip the U.S. military of key information in fighting terrorism and pose a threat to national security,
said Schock, R-Peoria, who toured the facility in Cuba on Monday with five other members of Congress.
"Individuals who will remain there are the most hardened criminals who pose the greatest danger and threat to the U.S.,
and there is no safer or more appropriate place to keep them than Guantanamo Bay," Schock said. ". . . A place that has a
stellar reputation of treatment, of security with no escapes and still allows us to gather assets for our intelligence community.
"When (military officials) are describing who the individuals are, what they have done and what they can do, the plots
that they've discovered, the information they've been able to provide our government, you are very glad that they are there
and not here."
On the tour with Schock were three other Republicans and two Democrats, including U.S. Rep. Jan Schakowsky, D-Evanston.
During the five- to six-hour tour, the group saw all six detainee camps - three now are vacant - which include minimum to
maximum security facilities and house upward of 250 prisoners, mostly captured in Afghanistan after the Sept. 11, 2001, terrorist
attacks, Schock said.
President Barack Obama has vowed to shutter the prison by early 2010. The Senate recently voted to keep the prison open
and forbid the transfer of detainees to the United States after a similar move in the House.
At its height, the facility housed about 500 prisoners. The least harmful have been processed and sent back to their home
countries, and those who remain are the most dangerous and still operate under the al-Qaida hierarchy of power, Schock said
he was told.
The Peoria congressman was surprised to learn torture techniques never have been used at Guantanamo Bay. He said prisoners
have access to a library, computers, television, newspapers and receive three meals daily.
Military officials "never invoked involuntary interrogation. They (gather information) by building relationships with individuals,"
Schock said.
Allowing those prisoners to infiltrate U.S. prisons poses safety concerns not only to the communities in which they reside,
but the prisoners and others who could be subject to their "hatred and ideology," Schock said.
U.S. Sen Dick Durbin, D-Springfield, has called Guantanamo a "recruiting tool for terrorists around the world" and said
it should be closed. U.S. prisons are capable for handling the transfers, he continued.
"The reality is that we are already holding some of the world's most dangerous terrorists in federal prisons, including
the mastermind of the 1993 World Trade Center bombings, the Shoebomber, the Unabomber and many others," Durbin said in May.
"The Bureau of Prisons is currently holding 347 convicted terrorists. Clearly, our prison guards know how to hold terrorists."
Some Democrats oppose closing the facility, saying bringing detainees from Cuba to the U.S. could pose security threats.
U.S. Rep. Phil Hare, D-Rock Island, also does not support closing Guantanamo Bay.
"It has become a moral black eye for our nation and a detriment to our national security," said Hare spokesman Tim Schlittner.
"However, (Hare) believes the president should submit a detailed plan regarding how and where detainees will be housed
before proceeding with its closure."
Schock said a more logical approach is more transparency into Guantanamo.
"It's very easy to be critical of a facility you've never seen, of a process you know very little about," Schock said.
"There is no price that can be put on keeping America safe. And there is no better place for them to be other than Guantanamo
Bay."
Union criticizes prison bureau for understaffing, lack of safety equipment
By Alyssa Rosenberg
June 12, 2009
The American Federation of Government Employees blasted the leadership of
the Bureau of Prisons on Thursday, saying the agency was understaffed and jeopardized corrections officers' safety by failing
to provide them with stab-resistant vests. An agency spokeswoman said the bureau was working on both issues.
"We have lost all faith in the Bureau of Prisons management," said John Gage,
president of AFGE. "We think their whole understanding of the mission of the bureau is outdated, it's wrong. We are taking
our case to the attorney general; we believe it is his responsibility to correct this situation immediately."
Between 2002 and 2006, the agency lost about 4,600 correctional officers as
the inmate population in federal prisons rose, according to Phil Glover, legislative coordinator for AFGE's Council of Prison
Locals. In 2000, there were 145,000 people incarcerated at 115 federal prison facilities, the union said. Today, those facilities
hold 205,000 inmates.
Inadequate staffing contributed to an increase in violent incidents, AFGE
officials said. Between fiscal 2005 and 2006, inmate assaults on other inmates rose 15.5 percent, and assaults on prison staff
rose 6 percent, according to the union's statistics.
President Obama included funding for a Bureau of Prisons staff boost in his
fiscal 2010 budget proposal, but Gage said he was concerned that the agency's director, Harley Lappin, would spend the money
on other priorities. Felicia Ponce, a spokeswoman for the bureau, said the agency planned to make new hires "to the maximum
extent possible within the enacted resources."
Staffing is only one of the issues AFGE is targeting. Union officials said
the bureau should provide all correctional officers with stab-resistant vests when they work in dangerous units. The vests
cost about $400 each, and must be custom-fitted to be effective.
In a November letter to Lappin and a May follow-up to Attorney General Eric
Holder, AFGE said the bureau was making vests available only to corrections officers who asked for them. The agency then subjected
those officers to disciplinary action if they did not wear the vests at all times, even if they were doing office work, union
officials said.
Ponce said the final policy would be determined by negotiations between the
Council of Prison Locals and the bureau, echoing the agency's March 2009 response to AFGE General Counsel Mark Roth's November
letter.
"Both the union and BOP management supported ordering and issuing stab-resistant
vests to staff prior to conducting bargaining," Ponce said. "Negotiations regarding the vests are presently under way, and
the parties have successfully negotiated many proposals."
Gage said he thought the agency should not wait until bargaining is over to
give officers vests and nonlethal weapons such as pepper spray, Tasers and batons.
Safety issues have become particularly heated as the one-year anniversary
of the murder of corrections officer Jose Rivera by two federal inmates approaches. Rivera's family has filed a $100 million
lawsuit against the bureau, Lappin and other agency officials.
The Justice Department Board of Inquiry's report on Rivera's June 20, 2008,
stabbing found that the U.S. penitentiary in Atwater, Calif., where Rivera worked, had 332 staffers, even though there were
389 positions available. Thirty percent of the prison's workers had less than three years of experience, and 80 percent had
been with the bureau for less than a decade.
The report also noted that the coroner who examined Rivera determined the
cause of his death was two stab wounds that punctured his heart, though he was stabbed many more times. AFGE and Mark Peacock,
the lawyer representing Rivera's family, contend that if Rivera had been wearing a stab-resistant vest, he would not have
died in the assault.
Ponce said that because court cases against Rivera's assailants and Peacock's
civil suit are pending, and because the bureau has not released the Board of Inquiry's report, the bureau would not comment
on the report or its recommendations.
Marking guard's slaying, activist seek changes at federal prisons
Michael Doyle | McClatchy Newspapers
last updated: June 11, 2009 07:30:45 PM
WASHINGTON — Union activists are using the one-year anniversary of Atwater prison guard Jose Rivera's slaying to
amplify their demands for reform and reinforcements.
Stabbed to death at U.S. Penitentiary Atwater on June 20, 2008, Rivera is now near the status of political symbol. On Thursday,
his picture stood near center stage as union leaders repeated their call for the resignation of Bureau of Prisons Director Harley Lappin.
"We have lost all faith in the Bureau of Prisons' management," John Gage, president of the American Federation
of Government Employees, declared at the National Press Club.
Gage previously asked Attorney General Eric Holder to fire Lappin in May, as have, repeatedly, leaders of the affiliated Council of Prison Locals. Holder
has not responded publicly, and there's no apparent groundswell of anti-Lappin sentiment on Capitol
Hill.
A Bureau of Prisons spokesman could not be reached to comment.
But with events like the news conference Thursday, and with a newly filed
lawsuit promising to shed more light on how Rivera died, family members and leaders of the unions that represent correctional
workers are trying to reclaim the offensive.
"We're angry," Council of Prison Locals President Bryan Lowery said Thursday. "We're upset."
Specifically, the union leaders want more guards to handle the 206,000 inmates now in federal prison.
Currently, the Bureau of Prisons employs about 16,000 correctional officers
-- guards -- in addition to about 28,000 other correctional workers. The union leaders also seek wider distribution of stab-resistant
vests.
From Congress, the activists hope for increased overall funding as well as hearings into prison safety issues.
"Tight budgets have ... meant that we have not been able to increase our staffing to the level necessary to keep pace with
the population growth," Lappin acknowledged in testimony before a House panel in March, adding that "increased crowding and
an increase in the inmate-to-staff ratio result in an increase in serious assaults."
The unions' public relations campaign includes a bit of hype, like the four members
of Congress who were said to have been invited to the National Press Club
news conference but who did not show up. The applause following some of the presentations Thursday came not from journalists
but from union supporters filling the room. Those attending included Andy Krotik, an Atwater Realtor and spokesman for Friends & Family of Correctional Officers.
"They're right on the mark," Krotik said of the concerns raised anew Thursday.
Rivera became the first federal correctional officer in a decade to die
in the line of duty when he was stabbed. Prosecutors have charged former Atwater inmates Jose Cabrera Sablan and James Ninete
Leon Guerrero with the killing.
The June 20 slaying occurred one day after Guerrero arrived from another federal prison, from which he had been transferred
for disciplinary reasons. According to a Justice Department Board of Inquiry
report, obtained by attorney Mark Peacock on behalf of Rivera's family, Sablan, Guerrero and other inmates "began consuming
intoxicants" during the afternoon Rivera died.
The Board of Inquiry report states that Sablan first attacked the 22-year-old Rivera, who then ran. The inmates pursued
him. Rivera head-butted Guerrero and then kept running until he was tackled by Guerrero, who reportedly held him down while
Sablan stabbed the officer with an ice pick-type weapon.
"Inmate Sablan struck Officer Rivera approximately eight times in the torso until the arrival of the first staff on the
scene," the report states.
The first staffer to arrive was an unarmed female secretary, and the second was an unarmed female unit manager. The unit
manager "did not intervene or render assistance during the assault," the report found.
The Bureau of Prisons counts secretaries and administrative unit managers, among other non-guard correctional workers,
in calculating that there's a roughly 5:1 inmate-to-correctional staff ratio nationwide. Union officials contend this leaves
a misleadingly optimistic impression about correctional staffing.
Federal prisoners are transported via public bus lines
Posted by: Budget Travel, Wednesday,
Jun 10, 2009
In the past three years, about 5,000 minimum-security inmates have traveled between prisons on Greyhound
and other bus lines.
Only inmates who are near their release date and who are judged to be "a minimum security risk" are sent on commercial
buses.
Some bus owners are upset. Bus operators do not accept on their coaches "unguarded prisoners still serving time for their
crimes," a spokesperson for their association tells Budget Travel. Greyhound and hundreds of other bus operators
did not know about this practice until this spring, the spokesperson adds. The story was broken by investigative reporters
with the Dallas/Ft. Worth TV station WFAA.
But it will be difficult for bus drivers do anything about the practice. The inmates are on furlough, and during a furlough
an inmate can wear ordinary personal or work-release clothing. In other words, no one would recognize these passengers as
prisoners by their dress.
The Federal Bureau of Prisons has not changed its practice of buying bus tickets for inmates, despite a letter of complaint
from the bus owners' group. A spokesperson for the Bureau of Prisons says that using their staff or any other type of escort
would be an unnecessary cost to the taxpayer. The Bureau spends more than $1.5 million a year on bus tickets for inmates from
all 114 of its institutions.
It turns out that there are two types of inmates traveling by bus.
The first group is not controversial. These are inmates leaving prison for good, heading to halfway houses (listed here),
where they're able to find jobs, attend medical appointments, and sign up for schooling. These inmates have served their allotted
jail time. They travel without escorts. The federal government bought bus tickets for about 84,600 of these inmates in the
past three years. And America's major bus lines don't mind these passengers. If an inmate has "paid his or her debt to society"
and is "deemed rehabilitative," they're welcome to ride, says a spokesperson for the bus owners's association.
A second, smaller group of inmates is controversial, however. Nearly 5,400 inmates in this group have been transferred
in recent years from minimum-security prison camps to other minimum-security prison camps. These are minimum risk offenders,
a spokesperson for the Bureau of Prisons (BOP) told Budget Travel. The inmates are non-violent, just as Martha Stewart
was when she was jailed. Naturally, the prisons for these minimum-security prisoners don't need perimeter fences or armed
guards.
Out of this latter group of prisoners, a few do escape from the buses as they travel between prison camps. For example,
between 2003 and 2005, 77 inmates escaped en-route and 19 of them were not immediately taken back into custody, reports the
AP. But a spokesperson for the Bureau of Prisons says these numbers need to be put into perspective. Less than 0.2 percent
of inmates fail to report to their intended location. In other words, it's a rare occurrence. When inmates abscond, they run
the risk of being re-captured and returned to a higher security institution than they had previously been in.
Note: Maximum-security prisoners are never transported by commercial bus. Those prisoners are always escorted by armed
officers from prison to prison, says a Bureau spokeswoman.
Greyhound has asked federal authorities to stop using its buses. Its officials remain concerned and "support[s] the industry's
efforts to put a stop to it," a company spokeswoman tells Budget Travel. Greyhound has worked informally with the
Bureau of Prisons in the past by escorting completely released prisoners from institutions, but has never had a corporate
contract, a Greyhound spokeswoman told Budget Travel. (As noted above, Greyhound isn't only company used to transport
prisoners. Other bus companies and taxi services around the U.S. are used, too.)
What do you think about the federal policy of sending inmates via major bus lines along with other passengers?
Worker at U.S. Penitentiary Atwater predicted trouble day before deadly attack
By CORINNE REILLY
A manager at U.S. Penitentiary Atwater predicted that someone would be killed if the two inmates accused
of murdering correctional officer Jose Rivera were allowed to live near each other, according to a newly released FBI report.
Even so, the inmates were placed in the same housing unit, the report says.
Rivera, a 22-year-old Navy veteran, was stabbed to death by two inmates inside a housing unit at the prison on June 20,
2008.
One of the inmates accused of killing him, James Leon Guerrero, was transferred to USP Atwater for disciplinary reasons
the day before the murder. According to the FBI report, which was released this week by an attorney representing Rivera's
family, a housing unit manager at the prison warned against placing Guerrero in the same unit as Joseph Cabrera Sablan, the
other inmate accused in Rivera's murder.
She told other prison employees they'd "be lucky" if the two were housed together and no one was killed, the report says.
The unit manager, 47-year-old Marie Orozco, decided before Guerrero arrived on June 19 that he should be placed in a cell
area known as Unit Two. Later that day, an investigative officer at the prison, Jesse Estrada, approached Orozco and informed
her that Guerrero instead would be placed in Unit Five, where Sablan lived, the FBI report says.
"Estrada stated he knew Guerrero from U.S. Penitentiary Florence, that he could be disruptive, but felt he would be fine
in unit five," the report says.
Orozco then suggested that Guerrero be placed in a special, more secure housing unit, according to the report. It says
Estrada dismissed the idea and told Orozco it would benefit Guerrero to take part in classes and other programs that are denied
to inmates living in secured housing.
Orozco told FBI investigators that she responded to Estrada by saying, "OK, if that's what you're going to do. We'll be
lucky if he doesn't end up killing somebody before the night is out."
Still, Orozco agreed to place Guerrero in Unit Five with Sablan, the report says. Rivera was stabbed to death inside the
unit the next day.
Guerrero and Sablan have been charged with premeditated murder. They've pleaded not guilty.
The Sun-Star has previously reported that Guerrero and Sablan were both from Guam and that they were longtime friends.
Both were serving life sentences and both had attacked correctional officers before.
Orozco was recently transferred to another federal prison in Victorville. Reached at work, she said she couldn't comment.
Estrada still works at USP Atwater. He couldn't be reached at home or at work. Messages left for him at the penitentiary weren't
returned.
Rivera's family has filed a $100 million claim against the Federal Bureau of Prisons, the agency that oversees USP Atwater.
Both Orozco and Estrada are named in the claim.
Also named are Dennis Smith, who was USP Atwater's warden at the time of Rivera's death; Harley Lappin, the director of
the Bureau of Prisons; Robert McFadden, director of the bureau's western region; and one other USP Atwater employee, identified
in the claim only as Officer Ziragosa.
The three-page FBI report, dated July 2, 2008, is based on an investigator's interview with Orozco.
The FBI has declined to release any reports related to Rivera's death. The Rivera family's attorney, Mark Peacock, published
the July 2 report on his firm's Web site this week.
"Ms. Orozco predicted exactly what was going to happen and then did nothing to stop it," Peacock said in an interview Tuesday.
"Shame on her for giving up so easily ... and shame on (Estrada) for ignoring all the facts here."
Peacock argues that Orozco should have insisted on separating Guerrero and Sablan and appealed to a superior if Estrada
continued to disagree. Orozco and Estrada were both considered managers at the time of Rivera's death, with neither one outranking
the other, officials at USP Atwater have said.
"The least they could have done was warned Jose Rivera, the poor guy who would be watching these inmates," Peacock said.
"But no one did."
According to the FBI report, Orozco later told investigators she was exaggerating when she said the prison would be lucky
if Guerrero didn't kill someone.
"Orozco stated that if she really felt Guerrero was that dangerous, and had she really felt like he was absolutely going
to injure someone, she would have continued to disagree and taken the matter up with a higher authority," the report says.
In interviews last week, six USP Atwater officers told the Sun-Star that investigative officers at the prison often override
unit managers' decisions on cell and unit assignments, as was done in Guerrero's case, even though that practice violates
bureau policy.
The officers, who asked not to be named for fear of retaliation by the Bureau of Prisons, said most investigative officers
use inmate snitches and that they often afford them extra privileges in exchange for information on other prisoners, including
better unit and cell assignments.
Other USP Atwater employees have said that investigative officers sometimes help certain inmates avoid punishment for misbehaving,
namely informants and prisoners who are considered "shot-callers" or leaders of inmate gangs.
The officers interviewed last week said the problem has improved somewhat since Rivera's death, with unit assignments now
being made in line with policy far more often. "Everyone's more careful now about that stuff," one officer said. "The unit
managers aren't being overridden nearly as much."
Rivera had worked at USP Atwater, a high-security prison at the former Castle Air Force Base, for less than a year. A Department
of Justice investigation report said Sablan used an ice pick-like weapon -- probably made from parts of a cafeteria dishwasher
-- to stab Rivera at least 28 times while Guerrero held him down.
Both inmates were drunk at the time, the report said.
In line with USP Atwater policy, Rivera was alone with more than 100 prisoners when the assault took place. He was wearing
no protective equipment and carrying no weapons.
The Department of Justice report said alcohol was widely available to inmates inside USP Atwater and that previous internal
investigation had warned of earlier uses of dishwasher parts to assault correctional officers there. It said weapons searches
weren't adequate and that the prison had failed to stop inmates from taking dishwasher parts, even though it was known they
were being used to make shives.
The report also said no one else working near Rivera had keys to the housing unit where he was killed, which prevented
the earliest responders from reaching and helping him.
The USP Atwater officers interviewed last week said the key issue has since been resolved and that the prison now takes
steps to prevent inmates from removing parts from the dishwasher. They said USP Atwater's new warden, Hector Rios Jr., has
reduced the availability of sugary foods inside the prison in an attempt to decrease inmates' ability to make and sell alcohol.
Still, the officers said, alcohol use among prisoners remains a widespread problem, as does inmate-made weaponry.
The officers said the Bureau of Prisons began increasing the inmate population at USP Atwater in May. The number of inmates
there was decreased from 1,100 to roughly 900 soon after Rivera's death. The Bureau of Prisons also transferred out many of
its high-risk inmates last year.
The officers said USP Atwater began taking on high-risk inmates again last month and that its current population is now
higher than it was before Rivera's death. Since then, the prison has experienced an increase in fights and assaults, the officers
said.
Besides replacing USP Atwater's warden after Rivera's death, the Bureau of Prisons has begun supplying stab-resistant vests
to employees who want them. The officers said some of the vests are already falling apart because they are of low quality.
"We have some guys holding their vests together with duct tape," one officer said. Another said some new hires have waited
more than six months to receive vests.
Phone messages and requests for comment e-mailed to the Bureau of Prisons weren't returned.
Officials with USP Atwater declined to answer questions by phone but spokesman Jesse Gonzalez said in an e-mail that the
number of assaults at the prison has decreased in the first half of 2009 compared with the last half of 2008. He said USP
Atwater also has recorded fewer incidents of alcohol and weapons possession among inmates.
He said prison officials have not been made aware of any problems with the stab-resistant vests and that USP Atwater's
new warden, Rios, has taken a number of steps to improve safety. He has ordered more training for staff and new restrictions
on inmate movement, increased the accessibility of the prison's executive staff, boosted searches for weapons and added regular
staff intelligence briefings to the prison's routine, Gonzalez said.
The third of five children, Rivera lived in Chowchilla and graduated from Le Grand High School in 2003. He enlisted in
the U.S. Navy shortly after and served four years in the military, including two tours in Iraq.
Guerrero and Sablan are scheduled for trial in September 2010. They could face the death penalty if they're convicted.
AFGE Takes on the Bureau of Prisons
By
Alyssa RosenbergThursday, June 11, 2009 10:01 AM
I'm at a press conference right now where the American Federation of Government Employees is launching an all-out assault
on the Bureau of Prisons for failing to address safety issues faced by prison guards. John Gage, AFGE's president, just said:
"We have lost all faith in the BOP management. We think their whole understanding of the mission of the bureau
is outdated, it's wrong. They care more about public relations than they do the safety of our officers. We are taking our
case to the Attorney General; we believe it is his responsibility to correct this situation immediately, and that would be
by removing Mr. Lappin, as well as, for heaven's sake, give us the simple tools we have been requesting: vests for our officers
to wear in dangerous posts, as well as some non-lethal weaponry such as tasers, pepper spray, or batons. It's incredible to
us that the bureau is making this a labor dispute, that they refuse to give these basic, common-sense tools to our officers.
We feel, in the Rivera case, if these simple things we are asking had been granted, he would be alive today."
They're working with the lawyers for Jose Rivera, a 22-year-old prison guard who served two deployments in Iraq as a member
of the Navy, who was killed by inmates in the prison where he worked on June 20,2008. The family wants $100 million from the
Bureau. AFGE wants officers to be able to wear stab-proof vests and carry pepper spray, tasers, and batons in high-risk facilities.
Family of Slain Correctional Officer Jose Rivera Files $100 Million Claim Against the Federal
Bureau of Prisons and Their Administrators for Wrongful Death
DATELINE: NEWPORT BEACH, Calif., June 9
NEWPORT BEACH, Calif., June 9 /PRNewswire/ -- Mark J. Peacock, Esq. of the Law Offices of Mark Peacock representing
the family of Jose Rivera, today announced the filing of a Federal Tort Claim (seeking 100 million dollars) against Federal
Bureau of Prisons, Harley Lappin (Director of the United States Federal Bureau of Prisons); Robert McFadden (Regional Director,
Western Region United States Federal Bureau of Prisons); Dennis Smith (Warden USP Atwater); SIS technician Ziragosa (SIS
Technician USP Atwater); Marie Orozco (USP Atwater Unit Manager); and Lt. Jesse Estrada (SIS Office - USP Atwater). The
family has filed their claim against these individuals/entity for their "deliberate indifference" which led to Officer
Rivera's death. According to the claim, on June 20, 2008, at the USP Atwater in Atwater, California, United State Federal
Correctional Officer Jose Rivera, in only his 10th month with the United States Bureau of Prisons, was fatally stabbed
by two apparently intoxicated inmates: Jose Cabrera Sablan and James Ninete Leon Guerrero (the assailants) both serving
life terms. The US Attorney General's office is seeking the death penalty against the assailants. Sablan, previously convicted
for Murder, Attempted Murder, and Felony Escape, also had a significant disciplinary history: Assaulting with Serious Injury,
Fighting, Possessing a Dangerous Weapon, Possessing Drugs and Intoxicants, and Physically Assaulting a Female Correctional
Officer. Guerrero, previously convicted for Conspiracy to Commit Armed Bank Robbery, has a history of assaulting staff,
including several incidents of serious assault and fighting with inmates. "This tragedy is especially difficult because
it was so avoidable.Correctional Officer Jose V. Riverawas 22 years old at the time of his death. He was afour-year veteran
of theU.S.Navy, andcompleted two tours of military duty inIraq. He began his career at USPAtwateras a Correctional Officer
onAugust 5, 2007, and was in his probationary year. Jose faithfully served the people of theUnited Statesas a peace officer
managing violent criminals and his life was unnecessarily cut short. Who is really responsible for his death?" said Mark
Peacock attorney for the Rivera family. "The Rivera family would like the people who were accountable for their son's death
to stand up and take responsibility for their inaction and deliberate indifference. Why wasn't a stab-resistant vest given
to Officer Rivera? Why didn't Officer Rivera have any weaponry? Pepper spray? A Baton? Anything? Why was inmate Guerrero
placed in general population? Why were prisoners drunk? No one in the Bureau of Prisons appear to have any sense of urgency
in protecting their officers. The Rivera family would like to know why not. If Officer Rivera had been wearing his protective
vest or had been armed it appears highly probable that he would have survived the attack which killed him" added Peacock. The
claim contends that the Bureau of Prison Administration (Lappin, Smith, et al.) were responsible for the multiple dangerous
conditions at USP Atwater which existed at the prison at the time of the murder. These dangerous conditions included, among
others: 1. Assignment of the assailants/prisoners to a lower level of custody than warranted by their violent history/known
violent propensities. 2. Classification, placement, incarceration and over-all handling of the assailants/prisoners
while they were incarcerated at USP Atwater 3. Allowing assailants/prisoners to choose their own cells 4. Allowing prisoners
to assert & maintain control 5. Knowledge that assailants were likely to assault and kill decedent Correctional
Officer Rivera, other correctional staff and/or other inmates 6. Assailants/prisoners allowed to make & consume intoxicants 7.
Deplorable Key Management preventing life saving response by other staff 8. Deplorable intake procedures of assailants/prisoners 9.
Indifference to dangerous and violent propensities of the prisoner population 10. Indifference in maintaining a seriously
undermanned custody work force 11. Glaring deficiencies and repugnant state of prison management and security controls 12.
Indifference to general ease at which prisoners manufacture & maintain weapons 13. Indifference by failing to arm
correctional officers (i.e., no pepper spray, batons, TASER guns) 14. Indifference at decreasing staffing levels 15.
Refusal to issue a stab resistant vest and/or other protective equipment 16. Indifference to effect of exploding inmate
population on staff and local communities Correctional Officer Rivera was subjected to these dangerous conditions, (and
others), and yet the responsible individuals acted with deliberate indifference by failing and refusing to protect him.
"The Rivera family wants to know why these two inmates were where they were at the time of the murder. That's a good question.
It appears that Guerrero was a 'disciplinary transfer'. He had been in lock down at his previous prison; so why wasn't
he immediately placed into lock down when he came toAtwaterinstead of being released into general population?" continued
Peacock. "It appears obvious that the inmates had taken control of the prison system." "Worse yet, the site Unit Manager,
Marie Orozco, who is apparently in charge of prisoner placement atAtwater, predicted just such an attack," said Peacock."Well,
tragically, her prediction proved to be accurate."After suggesting that inmate Guerrero should be placed in Secure Housing
Unit (lock down), Ms. Orozco was overruled by one Lt. Jesse Estrada and Guerrero was placed in general population. Upon
hearing that Guerrero was to be placed in general population with Sablan, Orozco stated that they were "going to put him
with another killer," and, she predicted, "Okayif that is what you are going to do. We'll be lucky if he doesn't end up
killing somebody before the night is out." "Within 24 hours of these grossly regrettable decisions, Officer Jose Rivera
was dead. He had no idea of the bear trap that had been set for him by the Bureau of Prisons. They gave him no warning,
no equipment to safeguard himself, and no weaponry with which defend himself. Nothing. If he had had a simple canister
of pepper spray he would have been able to have a fighting chance to save himself. The Bureau hadn't even given him that.
He used the only weapon he had: his head. He head-butted one of his attackers. That was all he had against two inmates
who were fully armed," said Peacock. "It is unbelievable that they would allow our correctional officer to work in such a
violent environment with no back-up, no safety equipment and no weaponry. Absolutely unbelievable. Shame on anyone responsible
for failing Officer Rivera in that way." "As the Warden, Dennis Smith should have done everything within his control to
ensure the safety of the brave correctional officers who worked the beat atAtwater. This appears not to have occurred.
As a result, he failed in his duty to provide for the safe keeping of his officer staff, and in particular Officer Rivera,"
said Peacock. "He is accountable for the breakdown which allowed well-documented violent inmates into general population,
which further compounded an already unsafe situation. The Bureau of Prisons Administration participated in the creation
of the dangerous environment in which Officer Rivera worked, and were indifferent in subjecting him to this dangerous environment.
This was a totally unnecessary and tragic murder which could have, and should have, been avoided. These individuals dishonored
the correctional staff, and this dishonor contributed to the death of Officer Rivera." Officer Rivera suffered 28 sharp-force
injuries. Cause of death was determined to be two puncture wounds to the left chest which penetrated the heart muscle.
"The reality is that if Officer Rivera had been wearing a stab-resistant vest he could very well be alive today. Shame
on anyone in the Bureau of Prisons who has prevented the officers, Officer Rivera in particular, from getting a vest. How
many more officers must be killed or maimed before something is done," said Mark Peacock. It is the Rivera family's hope
and aim that this claim will help effect change within the Federal Bureau of Prisons so that inmates 6. Assailants/prisoners
allowed to make & consume intoxicants 7. Deplorable Key Management preventing life saving response by other staff 8.
Deplorable intake procedures of assailants/prisoners 9. Indifference to dangerous and violent propensities of the prisoner population 10.
Indifference in maintaining a seriously undermanned custody work force 11. Glaring deficiencies and repugnant state
of prison management and security controls 12. Indifference to general ease at which prisoners manufacture & maintain
weapons 13. Indifference by failing to arm correctional officers (i.e., no pepper spray, batons, TASER guns) 14.
Indifference at decreasing staffing levels 15. Refusal to issue a stab resistant vest and/or other protective equipment 16.
Indifference to effect of exploding inmate population on staff and local communities no other family will suffer the
loss of a loved one as they have had to suffer. To that extent, a website has been set up to help bring about necessary
changes and bring awareness to the grave dangers our brave correctional officers face on our behalf everyday (www.officerjoserivera.com).
It is also the Rivera family's hope that their beloved Jose never be forgotten, and that his death be not in vain. For
more detailed information on the Rivera tragedy, please review the following documents (which can be downloaded at http://www.markpeacocklaw.com 1. April 17, 2009 report issued by the Department of Justice/Federal Bureau of Prisons Board of Inquiry Report entitled,
"June 20, 2008, Homicide of Correctional Officer Jose Rivera United State penitentiary, Atwater, California"; 2.