Category Archives: Transparency

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

Alcohol ordinance and license plus two road abandonments @ LCC 2012 02 13-14

What does a Community Corrections Director do? What is the proposed modification to the alcohol ordinance? We don’t know, because the county doesn’t post the details of agenda items, just cryptic shorthand that may mean something to Commissioners or staff, but that means nothing to the public.

At this morning’s work session and tomorrow evening’s regular session, the Lowndes County Commission has a brief but eventful agenda, including a modification to the alcohol ordinance, an alcohol license, a DHS grant a GDOT grant for a road project on Davidson Road (presumably related to the new Moody AFB gate), two road abandonments, and this interesting item:

6.h. Request from Superior Court to establish salary of the Community Corrections Director
Your guess is as good as mine.

Here’s the agenda.

-jsq

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, FEBRUARY 13, 2012, 8:30 a.m.
REGULAR SESSION, TUESDAY, FEBRUARY 14, 2012, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
Continue reading →

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 →

Decatur County newspaper wants more prisoners who compete with local wo rkers

The Decatur County newspaper brags about prisoners competing with free labor, while helping try to attract another prison.

Brennan Leathers wrote for the Post-Searchlight 3 January 2010, Walls going up at new ag building,

Work on Decatur County’s new agricultural office building is quickly progressing, with interior walls being put up and the installation of a roof soon to follow.

Decatur County Prison inmates with carpentry and construction experience were working hard last Friday, putting up the interior walls inside the 9,724-square-foot building under construction near the Cloud Agricultural Building off Vada Road.

Which means some local workers with carpentry and construction experience were not working on that project.

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 Authority to stop the CCA private prison.

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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.

-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 →

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 →

Missing: CCA Submission of Preliminary Specifications

Has CCA supplied a key document required by the contract? If not, is the contract still valid?

According to “SCHEDULE 1.6.2 DEVELOPMENT SCHEDULE” CCA was supposed to provide to VLCIA

Submission of Preliminary Specifications (Section 1.6.1)
No later than 6 months after receipt of the Survey
CCA did provide a Title Objection Letter 19 November 2010, and that was due “within 30 days of receipt of the Survey”. So these Preliminary Specifications were due about six months ago. Let’s see them!

If those specifications have not been received by VLCIA, maybe the contract with CCA is no longer valid.

Or maybe VLCIA already received the NTP and is moving on with implementing the project. Seems to me the community should be informed, one way or the other.

-jsq