Category Archives: Transparency

CCA is a functional equivalent of a government agency —TN court

A government agency is subject to open records laws. Alex Friedman of Prison Legal News sued CCA for not satisfying an open records request. CCA lost in local court, then lost again on first appeal. On a second appeal, CCA lost even more abruptly.

Knoxville News editorial of 14 March 2010, Chalk two up for open government

CAA[sic] maintained it wasn’t the functional equivalent of a government agency, but the Appeals Court rejected that claim and the Supreme Court refused even to hear it.

“With all due respect to CAA[sic],” Appeals Court Judge D. Michael Swiney wrote in his opinion on Friedman’s case, “this Court is at a loss as to how operating a state prison could be considered anything less than a governmental function.”

So eventually CCA will have to surrender at least some of the records, although there is still haggling in court over which exceptions CCA can use for which records. (And there’s always the old “we didn’t keep them that long” trick.)

The Tennessee Supreme Court had already ruled about government contractors:

“When a private entity’s relationship with the government is so extensive that the entity serves as the functional equivalent of a governmental agency, the accountability created by public oversight should be preserved.”
I wonder if Georgia will accept a Tennessee precedent?

-jsq

Ankle monitoring system budget adjustment: Lowndes County Commission 9-10 January 2012

Two more board appointments, several road and infrastructure items, and a budget adjustment to the ankle monitoring system, among many other items on the agenda for the Lowndes County Commission. The Commission will vote Tuesday on its meeting schedule and its budget calendar. This morning’s meeting is the Work Session; no voting during that, but maybe some information that won’t get mentioned Tuesday.

They can change their meeting schedule at any time. Did you know they had a special called meeting December 1st? They didn’t mention that during their 12-13 Dec meetings; there’s no agenda for it on their web pages; and this agenda doesn’t say what it was for.

Here’s the agenda.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, JANUARY 9, 2012, 8:30 a.m.
REGULAR SESSION, TUESDAY, JANUARY 10, 2012, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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Map of prisons in Georgia

The Georgia Department of Corrections (GDOC) does not provide a map of prisons in Georgia; at least not that I’ve been able to find. CCA does not provide a map of its private prisons, either. This omission seems odd for an industry that brags about how good it is economically.

But someone has composed this google map that gives the big picture. I don’t know if this map is current or accurate, but the spot checks I’ve made show markers for real prisons. Did you know there were so many?

Apparently,

  • the reddish circles are county prisons;
  • the red arrows are state prisons for men like Valdosta State Prison;
  • the yellow arrows are state prisons for women (Pulaski) or juveniles (Arrendale), except Washington State Prison appears to be back to housing men;
  • the blue arrows are Regional Youth Detention Centers (RYDC);
  • and the green arrows are at least some of CCA’s private prisons,

Prisons are bad economics, producing no longterm improvement in employment, and risking closure, leaving communities with expensive white elephants. We don’t need a private prison in Lowndes County, Georgia. Spend those tax dollars on rehabilitation and education instead. Follow this link to petition the Valdosta-Lowndes County Industrial Authority.

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What if shelters didn’t euthanize animals?

Some places are looking beyond the details of how to euthanize animals in shelters or how to control the drugs used to doing something about the idea of euthanizing animals in the first place.

Sue Manning wrote for AP today, Euthanasia to control shelter population unpopular

Nathan Winograd, director of the Oakland-based No Kill Advocacy Center, believes 95 percent of all animals entering shelters can be adopted or treated. And even though the other 5 percent might be hopelessly injured, ill or vicious, he said they should not all be doomed.

Some, if not most of them, can be cared for in hospice centers or sanctuaries, he said. As for pit bulls and other dogs with aggressive reputations, he said shelters need to do a better job of trying to find them homes.

That story has some interesting discussion of difficulties of getting to such a goal and methods of achieving it. Maybe we could have such a discussion around here.

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More injured and euthanized animals

Why does this sound familiar?
After a 2 1/2-hour closed-door board meeting Wednesday, SPCA of Niagara board president Bruno Scrufari III announced the request for the probe, in the wake of charges by board member Kathy Paradowski, former veterinary technician Kari E. McAlee-Miller and others that animals were unnecessarily euthanized and that injured animals brought to the shelter were left untreated.
There are a few differences from the local situation here.

Thomas J. Prohaska wrote yesterday for BuffaloNews.com, SPCA in Erie County to probe charges against Faso: Niagara board president announces request for investigation of claims,

Barbara Carr, executive director of the SPCA Serving Erie County, said her board of directors, which meets today, would have to approve the investigation, but she doesn’t expect any difficulty in winning approval.

There will be at least one key condition: “I wouldn’t do an investigation unless the document we produced was made public,” Carr said.

The relevant local authorities welcome an investigation and insist on making the results public. Imagine that!

And, according to Dave McKinley yesterday at wgrz.com, Niagara Co. SPCA Approves Outside Investigation Of Its Animal Shelter Continue reading →

Vermont Comprehensive Energy Plan

Georgia can do this if it wants to, Final Comprehensive Energy Plan 2011
The Comprehensive Energy Plan (CEP) addresses Vermont’s energy future for electricity, thermal energy, transportation, and land use. This document represents the efforts of numerous state agencies and departments, and input from stakeholders and citizens who shared their insights and knowledge on energy issues over the past ten months. The plan can be downloaded from this website or may be viewed at the Department of Public Service, 112 State Street, Montpelier during regular business hours.
More about those public comments:
The release of the Final CEP 2011 includes the CEP Public Involvement Report II (above). This document summarizes the written comments received during the second public comment period, between the release of the CEP Public Review Draft (CEP) on September 13, 2011 and the close of the public comment period on November 4, 2011. Over 1,380 written comments were received via email, the Comprehensive Energy Plan website, and hard copy between July 15 and November 4. Approximately 350 stakeholder groups, including municipal, business, and non-profit entities, submitted comments. Over 830 form-letter comments were signed and submitted by members of at least three different organizations. Over 200 comments were submitted by individual members of the general public.
Real input from the entire state. Imagine that!

Vermont’s population is about 622,000, or the size of a single Congressional district, so maybe it’s easier for them than for Georgia. On the other hand, maybe a regional south Georgia energy policy, or even a county policy, would be possible.

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More County Commission Transparency: Chatham County, Georgia

The Chatham County, Georgia Board of Commissioners has its agendas and minutes online. The agenda for 2 December 2011 does not include the detailed packet materials for most of the items to be voted on. However, it does include a table of dollar amounts and other details for bids that were to be voted on, so the public doesn’t have to go to the work session and scribble down what staff read aloud.

There’s also this interesting boilerplate:

Proposed changes to ordinances must be read or presented in written form at two meetings held not less than one week apart. A vote on the following listed matters will occur at the next regularly scheduled meeting. On first reading, presentation by MPC staff and discussion only by Commissioners will be heard.

Comments, discussion and debate from members of the public will be received only at the meeting at which a vote is to be taken on one of the following listed items.

So in Chatham County the Commission can’t just decide one day to change an ordinance.

Also it appears that the public does get to discuss and debate ordinance changes.

The minutes for 2 December 2011 contain quite a bit of detail as to who said what. Plus for each agenda item that was approved it includes the agenda packet information, such as item IX-2 on the right here, which is about local participation in jail construction.

This isn’t as transparent as Travis County, Texas. Chatham County doesn’t put the agenda packet items in the agenda, and doesn’t do videos. But it’s still more transparent than Lowndes County, Georgia, which doesn’t provide agenda packet items unless you do an open records request for each item you want to see.

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Transparency by a County Commission

Here’s what local government transparency via the web looks like. Our county commission could do this.

Here’s how the Commissioners of Travis County, Texas do it:

Video files of commissioners court meetings are available online. Agenda items are available by noon the day after the meeting.
For example:
Voting Session Agenda
Tuesday, December 13, 2011 Complete Agenda Backup Materials, 120 MB

This web page version is derived from a manual conversion of the official document of record for the convenience of the user. Travis County has posted this notice and agenda in good faith, in compliance with Government Code section 551.056. Please note that, in the event of a technical problem beyond the county’s control that prevents the county from posting here or that results in an erroneous posting, notice of this meeting and agenda posted at the courthouse remains valid

By “Backup Materials” they mean the packet the Commissioners got.

The rest of that web page fior their 13 December 2011 meeting has video and text for ciizens communications and consent items, plus each item that had its backup information in the Commissioners’ packet is separated out with video, text, and backup links.

And for next week’s meeting, 20 December 2011, the complete agenda with links to Continue reading →

Ankle monitoring for Lowndes County Jail @ LCC 13 December 2011

Tuesday the Lowndes County Commission approved ankle bracelet monitoring for nonviolent jail inmates so they can serve the rest of their time outside the jail, putting them in a better environment and decreasing expenses at the Sheriff’s office. This sounds like a good idea. I have not expressed an opinion because, as Barbara Stratton pointed out, the public doesn’t really know what was in the proposal County Commissioners got in their agenda packet. However, I would like to compliment Commissioner Joyce Evans about trying to do something about nonviolent prisoners.

Summarizing the ankle monitoring discussion of Monday morning, County Manager Joe Pritchard Tuesday evening asked the Lowndes County Commission to approve continued work by county staff with the Sheriff’s office in implementing an ankle monitoring system to move some inmates out of the county jail.

Commissioner Richard Raines gave the credit to Commissioner Joyce Evans for both proposing a drug court and for proposing ankle monitoring.

Commissioner Evans declined comment but did make the motion, seconded by Commissioner Powell, and approved unanimously.

The VDT had a little more information in David Rodock’s Wednesday story: Continue reading →

County Public Hearing on Comprehensive Plan

Tuesday the Lowndes County Commission finally held the missing public hearing about the Comprehensive Plan, and it was pretty painless: only one citizen spoke, and she spoke for. If they’d held it two months ago like all the local cities did, they wouldn’t now be risking not getting state or federal grants because they may not be certified. They still didn’t distribute the draft STWP and ROA before the hearing as the state requires them to do, so they could still be in trouble with the state. However, at least they reset their timeline and held the hearing. That’s a step towards transparency as defined by the state guidelines the county already agreed in writing to follow.

Commissioners had as much to say as they did at the Work Session Monday morning: nothing.

The one citizen, Gretchen Quarterman, said:

I’m a super fan of planning, and I’m a fan of the Comprehensive Plan. I think that if we don’t know where we are going, and we don’t have a plan on how we’re gonna get there, we’re not gonna get there. And the five year plan that tells us exactly what we’re going to in the next five years to get to our 2030 plan is a groovy idea. So that part I’m in favor of. I’ve been over this document pretty thoroughly with Jason, and I still have some questions outstanding which I’m sure that they’ll get resolved. He’s been super helpful.

The one thing I talked to Mr. Raines about and I would encourage the other Commissioners to consider is that in section 4.5.1, at least that’s what I have it on my document. Investigate

Continue reading →