Category Archives: Law

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….

-jsq

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?

-jsq

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.

-jsq

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.

-jsq

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.

-jsq

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 →

GABEO annual conference in Quitman 24-26 February 2012 —Fannie M. Jackson

Received Saturday on Quitman 10 and Americans right to vote —George Rhynes. -jsq
GABEO-Georgia Association of Black Elected Officials to hold annual conference in Q-town February 24, 25, 26, 2012. We are so THANKFUL that OTHERS HEAR and UNDERSTAND what happened in BROOKS. And we would love to meet you here!!! God bless ALL of you and God will continue to bless Brooks and America.

-Fannie M. Jackson

Video of GABEO press conference about Quitman 10. Here is GABEO‘s 2012 Quitman conference hotel information. Here’s the conference schedule:
GABEO Annual Winter Conference
“Living the Dream – Save the Voting Rights Act”
February 24– 26, 2012
Hosts: “The Quitman 10” A Change Movement!
Headquarters: Shumate Street Church of Christ
301 Shumate Street, Quitman, GA 31643
229-263-8329
Continue reading →

Georgia legislature giving unelected bodies bond-issuing privatizing power

The Georgia House has just passed a bill authorizing local development authorities to form public-private partnerships as they see fit and to issue bonds to pay for them, putting we the taxpayers on the hook. If this bill passes, VLCIA could issue bonds for a private prison, a biomass plant, a coal plant (apparently not a coincindence; see below), a toll road, a private railroad, or whatever it felt like. It wouldn’t even need cooperation by elected officials. It wouldn’t have to go to the Lowndes County Commission for permission, like VLCIA did for $15 million in bonds to buy real estate. The Industrial Authority could just issue the bonds itself! And we the taxpayers who would have to pay for it? We’ll just get to pay, that’s all. There’s still time to stop it in the Georgia Senate.

Maybe HB 475 should be called the “Easy Jobs for Cronies Act”. It adds various definitions of public-private partnership, and then throws in a wild card: Continue reading →

Quitman 10 and Americans right to vote —George Rhynes

Received Wednesday. -jsq
The citizens of (Quitman) Brooks County Georgia and South Georgia are extremely greatful for their support and outreach! They are indeed the real patriots of our beloved republic by standing up for voting rights.

The News Media seem to be taking a back seat to keeping citizens and voters informed along the lines of fairness in the State of Georgia and beyond.

As a retired military veteran, I was extremely happy for the Press Conference in support of the Quitman 10 as included in the links below. We must not forget about the citizens and voters in Brooks County, Willacoochee, Douglass-Coffee County Georgia (nooses) Tallahassee, Madison, Florida and other rural areas acorss the nation.

All Georgians and American citzens

Continue reading →