Tag Archives: Law

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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I have become a Fan of Very Supervised Probation —Robert Nagle

Received yesterday on Save money by streamlining the state penal code. -jsq
My darling 22 year-old daughter wound up with a second DWI, because the first one was a wrist-slap. Don’t hate me as a parent because of it. But she went to DWI Court in Austin. The year of intense supervision and no-nonsense attitude and her willingness to not fight it (much) has turned her attitude and Life around. Did it suck for her? Why, yes. But, who knows but what it saved someone else’s life? And maybe it saved her own. I have become a Fan of Very Supervised Probation. If she’d gone to jail for six months, I suspect she’d have just come out hating society and gone right back to what put her there.

-Robert Nagle

Presumably this was for driving while intoxicated (DWI) with alcohol. We tried Prohibition for alcohol back in the 1920s, and repealed it in the 1930s, because it produced criminal gangs while failing to stop people from drinking alcohol. So instead we criminalized the misuse of alcohol such as while driving and legalized, regulated, and taxed purchase of alcohol. And now we mostly don’t actually lock people up for DWI: we put them on supervised probation.

It’s time to do the same for other drugs. We can’t afford to continue to spend more taxpayer dollars on locking people up than on education.

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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 →

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 →

Who are the “local leadership” who approved CCA’s private prison?

They’re even quieter about it than the Industrial Authority, but the Valdosta City and Lowndes County governments are in the private prison deal just as deep.

Jay Hollis, CCA’s Manager of Site Acquisition, in his Valdosta-Lowndes County, GA / CCA Partnership: Prepared Remarks of August 2010, wrote:

Our Valdosta/Lowndes County site quickly became our primary due to its local and regional workforce, collaboration of local leadership, site characteristics, proximity to necessary services and infrastructure, and accessibility to name a few.
So who is this local leadership?
We look forward to working closely with Valdosta/Lowndes leadership as we move forward in the months to come.

Finally, I’d like to take a moment to recognize a few folks that have been essential to the project:

Continue reading →

Why did CCA pick Lowndes County for a private prison?

Apparently CCA picked Lowndes County for a private prison for reasons that were not what VLCIA’s consultant seemed to think would influence the selection.

According to Valdosta-Lowndes County, GA / CCA Partnership: Talking Points (undated, but it refers to “The agreement formalized by the Industrial Authority on 8/17”),

The Valdosta/Lowndes site became the primary due to the local and regional workforce, collaboration of local leadership, site characteristics, proximity to necessary services and infrastructure, accessibility, etc.
Nothing in there about low poverty or high wages. One could even read that the other way around, as in a low-wage population looking for jobs.

Looks to me like our Industrial Authority didn’t do much due diligence about private prisons.

Also note that the contract of 17 August 2010 between VLCIA and CCA was signed after the announcement in July 2010 that CCA had selected Decatur County. More about that in another post.

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Apparently VLCIA misunderstood what CCA was looking for

Apparently VLCIA, or one of its expert consultants, thought CCA was looking for a thriving county economy in choosing a private prison location. That doesn’t seem to be what happened.

Economic Impact of Project Excel by Clifford A. Lipscomb, Ph.D., 2 November 2009:

The VLCIA has noted that Project Excel is considering other locations. Below I provide a comparison of key economic indicators for these alternative counties — Grady and Decatur.
Table 1. Characteristics of Selected Counties
VariableDecaturGradyLowndes
Population, 2008 28,82325,115104,583
% Pop w/ Bachelor’s degree 12.1%10.6%19.7%
Median HH Income, 2007 32,65033,06038,666
Persons below poverty, 2007 22.5%22.2%20.5%
Persons white non-Hispanic, 2008 54.8%60.6%60.0%
In closing, it appears that Project Excel is an excellent candidate for location in Lowndes County.
So which other county did CCA actually pick? Continue reading →

CCA documents from VLCIA

All the CCA documents VLCIA provided in response to Matt Flumerfelt’s Open Records Request are on the LAKE website. I will continue posting what I see in them (in the category CCA), but you may find things in them I don’t. If you find something particularly interesting, please send it to the LAKE blog submission address or comment on the blog so we can all see it.

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