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Report: Prison reform derailed(Sacramento Bee, The (CA) (KRT) Via Thomson Dialog NewsEdge) Jun. 22--Gov. Arnold Schwarzenegger's promise of "fantastic prison reform" has been undermined by his chief of staff reopening lines of communication earlier with the state's powerful correctional officers' union, a court-appointed special master states in a report made public Wednesday. By conducting meetings with the California Correctional Peace Officers Association, Schwarzenegger's chief of staff, Susan Kennedy, prompted the resignations of two Cabinet-level prison secretaries, "confused" the correctional agency's top leadership about who was in charge and sent signals that the "zero tolerance" policy of barring wrongdoing among officers was a thing of the past, Special Master John Hagar wrote in his report. "Integrity and remedial plan efforts must begin at the top, and then percolate down," Hagar wrote in his 36-page report, dated Tuesday. "Beginning January 2006, however, it appears that the requisite leadership has been absent from the governor's office. Evidence before the special master indicates that the governor's office may have given the code of silence in California's prisons a new lease on life." Hagar said he is planning to conduct public hearings in San Francisco federal court on July 12 as a result of "these disturbing developments." Kennedy did not respond to a request for comment on the Hagar report. The Governor's Office issued a statement by spokeswoman Margita Thompson saying that the state's prisons are in a "crisis," and quoting from a recent inspector general's report that says the administration has undertaken "a sustained good-faith effort" to comply with the assorted federal court orders governing prison operations ranging from health care to use of force, internal discipline and its mental health system. "Much remains to be done," Thompson's statement says, "but only by having open lines of communication can we see the reforms through to completion." A spokesman for the CCPOA, however, fired back that the special master's report borders on "lunacy," especially in blaming the union for the February resignation of former Department of Corrections and Rehabilitation Secretary Rod Hickman. "We are not running the show," union spokesman Lance Corcoran said. "This is something of a gut-punch. I find it amazing that Mr. Hagar would have written this." State Sen. Gloria Romero, D-Los Angeles, co-chairwoman of the Legislature's joint legislative oversight committee on corrections, said Hagar made "a fundamental mistake" by blaming Hickman's departure or any of the system's troubles on Kennedy. Romero said Hickman, who resigned of his own volition, quit "because he failed as a leader." "When Susan Kennedy came in, one of the smartest things she did was open the door and say, 'Yes, you've got to talk to the union,' " Romero said. Steve Fama, attorney with the Prison Law Office, which brought the original lawsuit that led to the appointment of Hagar as special master in 1995 by U.S. District Court Judge Thelton E. Henderson, said the state prison system has become a national "pariah" as a result of the union's "undue influence." "It's extremely concerning that the prisons appear to be returning to the unfortunately long-standing practice of letting the workers run the system," he said. Hagar has been paid $125 an hour up to $140,000 a year in the special master's job, according to corrections spokeswoman Elaine Jennings. Initially appointed to oversee internal discipline and use of force at Pelican Bay State Prison, Hagar two years ago sought and obtained an order from Henderson to expand his reach on those issues over the entire prison system. He also obtained authority from Henderson to oversee provisions of the CCPOA's 2002 labor contract. His report was prompted by the resignations this year of Hickman and his successor as corrections secretary, Jeanne Woodford. Hickman, in an interview with the Los Angeles Times, cited CCPOA's influence with the Schwarzenegger administration as a reason for his quitting. Woodford listed personal reasons. The special master says in his report that the administration's opening to the union came at the same time the CCPOA was getting ready to begin talks on a new contract to replace the one that expires next month. Hagar says he "has learned" that Kennedy and Schwarzenegger Cabinet Secretary Fred Aguiar took steps to "purge" top negotiation managers in the Department of Personnel Administration at the outset of contract talks by forcing their resignations from state service. DPA spokeswoman Lynelle Jolley denied those assertions. She said that the two officials cited in the report -- Director Mike Navarro and Deputy Director Bill Avritt -- had both intended to retire next month on their own. Hagar, in his report, mistakenly referred to Avritt as Bill Avery. Jolley said there is no Bill Avery who works for DPA, and that Avritt has nothing to do with contract negotiations. "They were not purged," Jolley said. Hagar states in his report that he "obtained information" that Woodford quit as corrections secretary because the CCPOA torpedoed her pick to help run the labor relations department. CCPOA officials strenuously denied trying to thwart the appointment of Tim Virga as acting assistant labor relations secretary. The special master also infuriated union leaders by saying in his report that the CCPOA is trying "to intimidate staff and enforce the code of silence," a practice where law enforcement employees refuse to report wrongdoing by fellow employees. Union officials have long maintained that the code is not a widespread problem in the state's prisons because correctional officials have the authority to compel officers to testify in internal investigations or face termination. "Do the investigations correctly," Corcoran said. "If you can't find dirty cops with the ability to compel them to testify against themselves, I'm sorry, that's something that's wrong with you, not with the fact that we're still in the room." |