Politics

Judge Again Slams Door on Effort to Shift Prisons to Private Management

By: Jim Turner | Posted: November 5, 2011 12:14 PM

Broward County PrisonBroward County Prison | Credit: Christopher Gosselin - Flickr

An effort by lawmakers to reduce prison costs by offering private firms a chance to manage 29 South Florida correctional facilities has again been put on hold as a circuit court judge has again shut down the bidding process.

Leon County Circuit Judge Jackie Fulford declared early Saturday that the bid process should have remained suspended as it had been from Sept. 30 -- when she ruled against Florida’s proposal to privatize the correctional facilities -- until last Thursday.

In her ruling, Fulford took issue with the Department of Corrections reopening the bid process on Thursday, hours after she had set a Nov. 16 hearing between the Florida Police Benevolent Association and the state.

The Nov. 16 hearing had been scheduled in response to Attorney General Pam Bondi’s Oct. 31 appeal of Fulford’s initial ruling to the 1st District Court of Appeal in Tallahassee.

“In selecting the hearing date, DOC agreed through counsel that it would take no further steps toward privatization until this court could hear argument,” Fulford wrote.

The attorney general’s office is “reviewing the ruling and will discuss it with the Legislature,” office spokeswoman Jennifer Meale stated in a release.

The state had suspended a planned Oct. 4 bid opening after Fulford’s initial ruling. However, once the appeal was filed, the Department of Corrections announced it would again accept bids on Nov. 10.

In making the announcment late Thursday, the Department of Corrections added that it would not enter any contracts until the litigation was completed.

Assistant Attorney General Jon Glogau argued -- during an emergency hearing requested late Friday by the PBA -- that the original order to halt the bid process was lifted when Bondi filed the appeal.

The appeal contests Fulford's ruling that the state should have approved the prison privatization plan as a stand-alone bill in the 2011 legislative session, rather than as a proviso in the overall 2011-2012 budget.

Lawmakers hope privatization cuts prison costs by 7 percent.

Attorney Stephen Turner, representing the union, argued in court Friday that state lawmakers should follow Fulford’s initial order and return the push for privatization as a stand-alone bill in the 2012 session that begins in January.

He said the current timetable is for privatization management of the facilities being turned over June 1, 2012, a month before the end of the current fiscal year.

The PBA, which represents approximately 17,000 correctional officers also argued that correctional officers could be financially and emotionally harmed by the privatization effort.

“Trial courts have leeway to balance the interests of affected persons with the concerns of the state,” Fulford wrote. “This court finds that the evidence in the record establishes the likelihood of irreparable injury to the plaintiffs if the stay is vacated, and further that defendants are not likely to succeed on the merits on appeal.”

Jim Baiardi, president of a PBA State Correctional Officers Chapter and one of the named plaintiffs, testified by phone in court Friday that just by reopening the bid process stress levels had increased among correctional officers.

"The PBA is pleased that Judge Fulford has stopped this action. State correctional officers can breathe a sigh of relief today," Baiardi stated in a release after Fulford’s decision was announced.

Fulford gave weight to Baiardi’s testimony  in her ruling.

“Captain Baiardi identified such factors as the disruption of families, the threatened separation of families, loss of jobs, change of schools, lack of sleep, loss of homes and displacement of experienced officers to institutions away from their families as concerns which are overwhelming the correctional officers of the affected facilities,'' she wrote.


Comments (4)

johnathan
9:50PM NOV 6TH 2011
Correctional professionals know that privatizing prisons does not save money, it is a big lie. They cheat and scam the state, but survive by giving millions in campaign contrbutions to the party and to corrupt politicians so they can support them and watch their backs. This has been going on for years in Florida. Haridopolos, Alexander, and Rick Scott will go to all lengths to reward their wealthy masters and blow smoke up the taxpayers rear ends claiming a savings of money. It is all a lie and the tea smokers are too stupid and don't get it.
RepublicanConscience
7:25AM NOV 6TH 2011
Impeach the judge. The state has the right to purchase services, from any source. The state has a responsibility and fiduciary duty to the tax payers to get the best price for a service, solicit bids for services, and award contracts to the lowest bidders. If the corrections department has a problem with that they should bid for the contract too.

I say that Rick Scott should set the ruling aside and have Bondi file ethics charges against Judge Jackie with the ABA. This Judge has ignored the statutes and this ruling is based only on the rule of law that is "Because I Said So!" This lunacy in our courts must stop and impeaching this, Judge Judy Wannabe would be a good start.
jason Desanto
3:17PM NOV 7TH 2011
Ask yourself this how can a private company do something cheaper than the state when the Private company has to make a profit for its share holders/investors and the state only has to do it for cost.
julie guthrie
11:24PM NOV 5TH 2011
Kudos to Judge Fulford! Do the right thing!