Category Archives: Law

“I’ve found that Minnesotans do not want their laws written by the lobbyists of big corporations” — MN Gov. Mark Dayton

Remember American Legislative Exchange Council (ALEC), the big corporate lobby group that helps CCA push for private prisons? The one that lobbied 24 states to pass “anti-immigration” laws that create new misdemeanors and felonies to send more customers to CCA prisons? One governor has decided he’s had enough of that.

Zaid Jilani wrote for Republic Report 15 February 2012, Minnesota Governor Calls Out Corporate Front Group ALEC, Vetoes Its Bills

It has grown so powerful that it now has nearly one-third of all state legislators under its umbrella.

ALEC has worked with legislators to pass bills ranging from issues as diverse as stripping unionized workers of their rights to making it harder for low-income citizens to vote. It is usually able to do so because it hands its corporate-written template bills to state legislators and gets them passed without any public scrutiny as to the origin of this legislation.

Late last week, Minnesota Gov. Mark Dayton (D) decided that corporate front groups like ALEC should not be able to write his state’s laws. Dayton decided to veto a series of “tort reform” bills that would’ve restricted the rights of citizens to sue to hold big corporations responsible. In a press conference discussing his vetoes, Dayton condemned ALEC for providing the templates for the bills. “I’ve found that Minnesotans do not want their laws written by the lobbyists of big corporations,” said Dayton.

Here’s video: Continue reading →

There are some things only government should do: FL Senate ends prison privatization

There are just some things that only government should do. And jailing for profit is not the public good. That’s what the Florida Senate decided Tuesday, ending an attempt to legislate privatization of prisons.

David Royse in wctv.tv yesterday, Florida Senate Kills Prison Privatization,

A bipartisan coalition of senators bucked the chamber’s Republican leadership Tuesday and rejected a proposal to privatize several prisons, but got warnings from leaders that it will have a cost in further budget cuts.

In a dramatic showdown with Senate President Mike Haridopolos and three other top leaders one of whom controls the Senate’s budget, one who controls the calendar and one who will be the next president opponents of the bill managed to kill it on a 19-21 vote.

The odd coalition that lined up against the bill included Republican populists who have become occasional mavericks, Democrats and some members of the GOP caucus that almost always vote with their party, but come from areas laden with corrections officers who opposed the idea.

Private prison proponents tried to sell it as cost savings. If prison privatization really does save money, why did the legislature previously try to hide it in a general budget bill, which was thrown out by a judge back in September?

This time, senators weren’t buying that baloney. Continue reading →

Help pass GA Senate Bill 401 to facilitate distributed power cogeneration

SB 401 intends to modernize Georgia law to make distributed power generation easier. You can help.

Drs Sidney Smith and Pat Godbey not only have started Tabby Power, which sells solar power directly to customers. They also have an outfit called Lower Rates for Customers, which is about generating solar power in one place and selling it in another. There are various legal impediments to doing that.

Charlie Harper wrote for the Courier-Herald and Peach Pundit 9 February 2012, A Little Sunshine On A Battle To Expand Renewable Energy,

Essentially, customers with solar panels meter not only power coming into their house from the existing grid, but also the amount of power returned to the grid. The generating company — Georgia Power in most of the state — is required to buy surplus power back based on their state granted regulated monopoly status. Currently, projects are limited in size to 10 Kw for residential customers and 100 Kw for business customers. SB 401 removes these caps.

More intricate details of the bill provide for private ownership of these systems, as opposed to current law which requires the owner of the property to also own the attached grids. This will allow for manufacturers of solar grids or interested third parties to enter into financing or lease agreements which pay for the systems long term out of cost savings for the customer. By allowing for these arrangements, many customers can access these systems with no money up front, as opposed to the high initial capital costs which would take years to recover.

Here are the details and text of SB 401. It has six cosponsors:
  1. Carter, Buddy 1st
  2. Chance, Ronnie 16th
  3. Carter, Jason 42nd
  4. Williams, Tommie 19th
  5. Rogers, Chip 21st
  6. Stoner, Doug 6th
We’ve seen Doug Stoner before, at last June’s Southern Solar Summit, talking about renewable energy. It looks like he and others are actually trying to do something about it.

You can help, by signing this petition.

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Has CCA already breached the private prison agreement with VLCIA?

And also in her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer didn’t answer the other question, which was whether VLCIA had received the Preliminary Specifications ( see section 1.6.1) that appear to have been due at least half a year ago, according to the Development Schedule in Schedule 1.6.2 of the Agreement. Without those Preliminary Specifications, maybe CCA has already breached the contract.

She copied VLCIA’s attorney. Probably he could interpret the termination clauses of the contract that way….

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Third extension option offered by VLCIA to CCA for private prison?

Update: Andrea Schruijer’s answer of 21 February 2012.

Also in her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer she didn’t mention this paragraph:

5.1.2. Expiration. If the Company has not issued the NTP by the expiration of the Term of the Option Agreement, then this Agreement shall expire and terminate, without any further liability on the part of any Party to the other, except as otherwise expressly provided in this Agreement.
The current, second, extension term expires 13 March 2012, one month from Monday. If there’s no NTP and no third extension before then, there’s no private prison (see 5.1.2).

So has VLCIA sent CCA terms for a third extension option? If not, this thing may be over in a month and a few days. If yes, what are those terms?

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Development Schedule for CCA and VLCIA private prison

In her recent response about the Notice to Proceed (NTP), VLCIA Executive Director Andrea Schruijer cited and paraphrased paragraph 1.6.2 of the Purchase and Development Agreement. The same paragraph points out the Development Schedule is already in the Agreement, as Schedule 1.6.2.
The Development Schedule contains, among other things, milestones for the work and assignments of responsibility to the Parties for the attainment of certain milestones.
Here it is:

So it’s not clear why she said CCA hadn’t provided a Development Schedule.

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VLCIA has not received a Notice to Proceed from CCA for the private prison

Received Wednesday. -jsq
From: Andrea Schruijer
Sent: Tuesday, February 07, 2012 3:38 PM
To: ‘Matt Flumerfelt’
Cc: ‘Steve Gupton’
Subject: RE: Notice to Proceed and Preliminary Specifications

Dear Mr. Flumerfelt,

In regards to your email of February 6, 2012, CCA has not given to the Authority a “Development Schedule” and has not received from CCA a “Notice to Proceed.” Under paragraph 1.6.2, except for some due diligence provided for in the agreement, the Parties have no obligation to proceed with design, permitting, installation or construction of the Project, prior to receiving a NTP from CCA. CCA has absolute discretion in issuing or withholding the NTP. After the issuance of the NTP the parties shall proceed with the development of the project in accordance with the Development Schedule.

Sincerely,
Andrea Schruijer

Continue reading →

Save money by streamlining the state penal code

Even the Bainbridge and Decatur County Post-Searchlight publishes news about their very own state legislator explaining one of the biggest reasont why prisons are a bad bet for a local economy: because we can’t afford to lock up so many people anymore.

Brennan Leathers wrote 6 January 2012, Georgia legislature going back to work State Senator John Bulloch (R-Ochlocknee):

“We’re still struggling to find revenue to pay for operation of the state government and its services,” Bulloch said. “We’re going to have to fill holes that we filled during worse economic times using federal stimulus money and other temporary money.”

Bulloch said he also understands Georgia Gov. Nathan Deal has instructed Georgia’s department heads to include 2-percent cuts in their budget requests for this year.

One way in which legislators might opt to save money is by streamlining its criminal penal code. According to Bulloch, Georgia has a very high number of people serving supervised probation or parole.

“A lot of those people who are in prison or under close supervision by state officers are serving sentences for non-violent offenses or minor felonies,” Bulloch said. “We may look at alternative means for dealing with them, such as creating drug courts or setting up drug-testing centers that would monitor drug offenders without imprisoning them.”

Which would mean fewer people in prison. Which would mean no need for new prisons. And some existing prisons might close.

Do we want a private prison in Lowndes County so more prisoners can compete with local workers here, too? If you don’t think so, remember CCA says community opposition can impede private prison site selection. Here’s a petition urging the Valdosta-Lowndes County Industrial Authorithy to stop the CCA private prison. Spend those tax dollars on rehabilitation and education instead.

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Attorney refuses to work with “tainted” town of Quartzite

Remember that letter from the Arizona Attorney General to the Town Attorney of Quarzsite? Well, there are alleged problems with the Town Attorney, as well.

Parker Live wrote 13 January 2012, Attorney refuses to work with Town of Quartzsite,

Local attorney Matt Newman is apparently refusing to do further business with the Town of Quartzsite, “at any hourly rate”, calling the current administration “tainted.”

This comes after Public Defender Michael Frame refused to work on cases involving the Town’s Attorney Martin Brannan, citing conflicts of interest and what he believes are politically-motivated actions against his clients by Brannan and the Town.

Newman adds his voice to this dissent in a Refusal of Appointment, saying:

It is my belief that the current administration of the Town has created an inherent conflict of interest by appointing the Town Prosecutor as the Town Attorney and Town Parliamentarian. It is also my belief that the current administration is specifically targeting certain individuals for prosecution due to their political views.
His letter continues, elaborating on why he doesn’t want to do business with the town. This wasn’t just a personal letter or a letter from his law firm, by the way, it was a court motion.

So a Council can manage to get such a bad reputation that a lawyer won’t do business with it.

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Quartzite Council cited by Arizona Attorney General

We haven’t looked in on the little town of 3,000 odd people of Quartzsite, Arizona, lately. Its goings-on continue to seem eerily applicable to our own county of 100,000 odd people.

On 9 December 2011, the Attorney General of Arizona, Tom Horne, issued a statement Re: Open Meeting Law Complaint against Town of Quartzsite Common Council (the “Council”), saying that the town Council had violated the state Open Meetings Law (OML) four times:

  1. by not warning Jennifer Jones before removing her on 28 June 2011;
  2. by holding a Council meeting on 10 July 2011 in which they excluded the public by actually locking the doors of their meeting room;
  3. by failing to post minutes of the emergency meeting on its website as required by Arizona Law (yes, Arizona law, like Texas law, requires posting minutes on the web) and by not including a required statement of the emergency requiring the meeting;
  4. and by failing to post withing the required three working days minutes for the 10 July 2011 emergency meeting, nor for seven of its work sessions, nor for its 14 June 2011 regular session.
This one wasn’t a violation, but may be at least as important:
The purpose of the OML is to require public bodies to meet publicly and openly so that al persons so desiring may attend and listen to the deliberations and proceedings.
Why, I believe that’s the same in Georgia!

It seems back-room meetings are bad: Continue reading →