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Updated Thursday, July 02, 2009 10:14 PM
Texas law enforcement association says no to private Grayson County jail
Editor's note: This is the first in a series of articles on recent developments in the debate over whether to build a new jail in Grayson County, where it should be built and whether it should be built and run by Grayson County or a private firm.
BY KATHY WILLIAMS
HERALD DEMOCRAT
Private versus public operation of a new Grayson County Jail drew higher public interest Thursday when a state law enforcement organization joined the debate. Combined Law Enforcement Associations of Texas (CLEAT) sent out a press release asking Grayson County Sheriff Keith Gary to "stop the takeover of the county jail by a private company out of Louisiana."
And in commenting on the press release, both Gary and Grayson County Judge Drue Bynum also discussed the possibility of sending county inmates to a new Fannin County jail that private contractor Community Education Centers Inc. is building and will operate.
Gary has stated throughout years of public debate over the issue that he is required by state law to certify any contract before it comes into force.
Bynum said that he thinks CLEAT is really putting pressure on Gary, that it will make it seem like it's Gary's fault if the contract is approved. However, Bynum said, contract approval is not up to Gary.
"According to the (state) Constitution and statutes, as long as the (Grayson County) Commissioners Court meets the letter of the law, the sheriff doesn't have a lot to say about it," Bynum said. "I think we've been very forthcoming with him, trying to work with him to meet the needs, but at the end of the day, if the commissioners court signed a contract and the sheriff didn't agree with it, certainly the sheriff would have the right to sue the commissioners court."
Gary said he has seen a copy of the draft contract with private contractor Southwest Corrections to build and run a new jail that has a line for his signature.
"Of course I can't be unreasonable about it, but the Local Government Code does provide that the sheriff has to approve of any contract," Gary said.
The Code states, "The commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization."
The next section of the Code gives commissioners the right to contract with a private vendor to design, build or manage a jail, but adds, "Before the commissioners court of a county enters into a contract under this section, the commissioners court of the county must receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld."
Gary said that neither he nor Bynum are lawyers, but he doesn't believe state law would expect a sheriff to hire lawyers to sue the commissioners court.
The sticking point for Gary, commissioners and Southwest Corrections has been how many current jailers will keep their jobs, and at what salary. Since the jail design and location currently under consideration is located near Texoma Parkway on the north side of U.S. Highway 82 East, the county would continue to house some inmates during trials, etc. Southwest has agreed to hire the current county jailers it needs at their current salaries. Gary has stated he will need more staff at the current jail in the Justice Center than commissioners have yet approved.
"The thing I'm trying to emphasize to everyone is that we have started this process, let's see what they (Southwest) have to offer," Gary said. "Southwest is supposed to give its last and final and best offer July 13, there's still plenty of time to stop this.
"Then commissioners would have to accept it. It could be that they won't accept it, but if they do, I've got another step in here."
Gary said he would then have to assure that he has adequate jailer staffing at the Justice Center, which includes, "deputies in the courtroom, book-in area, clerical help, and they (commissioners) have not assured me that is the case."
Among his considerations to approve a private contract, Gary said, "They need to assure me that all the employees they are absorbing will be at their current rate of pay ... and a place for each and every employee."
Gary said that in his conversations with Bynum that Gary believes the county judge is telling him there might be a trade off. Gary could have either fewer jail staff at the Justice Center or lower salaries for the current county employees when they go to the privately-run jail.
Gary said he thinks he will decide quickly whether to approve the contract. He said he did not know of any options remaining on the table for a publicly built and run jail, but public sentiment seems to be turning that direction. However, he added that sending inmates to Fannin County could be done. That option would require more of the current jail to remain open and staffed. The county also has a contract through 2011 to provide 35 beds for federal prisoners.
Bynum said he took offense to CLEAT's press release letter, which states in part, "These privatization schemes always sound better than they are in real life," said Charley Wilkison, Public Affairs director for the 17,000-plus member Combined Law Enforcement Associations of Texas, or CLEAT.
"Private county jails are a bad idea for the citizen-taxpayer, a bad idea for the deputies and even a bad idea for the prisoners detained there. These fast and loose privatization deals never work out well for the local citizens who are left holding the bag.
"What they are proposing is trading the legitimate role of a real, live licensed law enforcement professional for whomever the private company could dredge up off the street to do the work," said Wilkison.
"This is about risking the safety of the public, the civil rights of the prisoners and the jobs of the hard working men and women of the Grayson County Sheriff's Department. It's not worth it," Wilkinson said.
Bynum responded that CLEAT should know that the commissioners court has to provide funding to house inmates. But state laws aren't as clear on the details of that.
"Typically inmates are housed in-county and in a county jail and commissioners court uses the sheriff's office's budget to run the jail. But for them to imply that it is immoral or unethical or illegal to do otherwise is really stretching ... the implied message is that we're doing something illegal or unethical. And I take offense at this. Believe me this has been vetted by some pretty decent attorneys for several years now."
Bynum added that he also did not appreciate the terminology of "private jail would only hire what they can dredge off the streets." These will be the same folks who apply for the jobs now and I don't consider them dregs off the street simply because they want to work in a jail -- public or private."
He said he thought the press release was threatening in nature.
"Then there's the other side that says we can ship inmates to other counties and pay for that; we've done that for years," Bynum said. "And for years we've had contract jailers serving in our jails and it's worked very well."
Bynum said July 13 is not a magic date when the matter would be decided.
"We rank ordered Southwest Correction and CEC (Community Education Centers), 1 and 2, but we never kicked CEC out of the bargaining ... I doubt very seriously we make a decision on the 13th of July," Bynum said. "We're continuing to look at several different options and one of the options that's always been out there is that CEC could house the majority of our inmates (in Fannin County). We could still maintain book-in in our county and 50-100 inmates in our county jail. And it would stand to reason that the administration and operations of our jail would decrease and we wouldn't need as many jailers."
 Comments ... 26 found!
Comissioner Whitlock : 7/12/2009
Comissioner Whitlock's brother is .. get this... a comissioner in Fannin County!
Can't stop shaking my head
Communist : 7/12/2009
If the commissioners don't let us vote we need to impeach them and stop all political or private grain they plan to make.This is down right UN American.
true american
Good Ol' Boys : 7/12/2009
I find it very interesting that the Grayson County Commissioners Court has decided our inmates will go to Fannin County Jail. Isn't our Commissioner David Whitlock's brother an elected official in Fannin County? Seems like the "good ol' boys" are at it again. 'Thought we got rid of them.
Also Tax Paying Voter
Sudden Meeting Time Change : 7/11/2009
What the Commissioners Court might think as subversive response is the voice of the people. The voice of the people is also reflected in their vote. I find it interesting that the time of the Commissioners meeting was very suddenly changed so late in the day on a Friday when it will hard to get the word out that they changed the time for the meeting on Monday to 1:30. I'll bet they are banking on the fact that people will show up at the wrong time and wont' get to come back OR they will not be able to attend an afternoon meeting.
Grayson County Tax Paying Voter
Commissioners Court Meeting Changed : 7/11/2009
At about 3pm on Friday, July 10, the Commissioners Court meeting time changed for this Monday from 9:00 a.m. to 1:30 p.m. PLEASE ATTEND THE MEETING AT 1:30 PM. I find it very devious that this change was announced at 3pm on the last business day prior to the meeting. Sly little devils, you commissioners. . . what are you afraid of?
Going anyway
Grayson County Tax Payers...PLEASE READ!!! : 7/11/2009
I was at the assembly on the town square on the 4th of July. I was handed a couple of flyers explaining some data of the foregoing attept of Privitizing the Grayson County Jail. After reading the data, privitizing would be a big mistake. Like a high interested credit card vs a loan at the bank. I contacted the group of citizens passing the flyers and was also given a third flyer. I copied and pasted ALL three flyers below for ALL taypayers of GRAYSON COUNTY to read. It seems this data is being HIDDED FROM THE TAX PAYING CITIZENS OF GRAYSON COUNTY! Do you want BRIGHT SECURITY LIGHTS & RAZOR WIRE in Your Neighborhood? How about the hardened convicts that go along with it? There are 747 future convicted criminals and illegal aliens headed your way! ? This Will Be a PRISON, NOT a County Jail, it will replace our current Grayson County Jail. The Proposed Private Prison Can Take Maximum Security Prisoners from: Out of State Prisons, US Marshall’s Office & U.S. Immigration & Naturalization Service. Can they fill the beds?? As of August 2009 the Texas Department of Criminal Justice will not house inmates in county jails! Tell your Commissioner’s Court NO! ***************************************************************************** 9 a.m. Monday, July 13 in the commissioner's courtroom at the Grayson County Courthouse. Information provided by the officers and employees of the Grayson County Sheriff’s Department. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Protect Your Tax Dollars * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Do Not Let Your Commissioner’s Court Risk Our Tax Payer Dollars! These are the facts! Privatizing Your County Jail will result in Loss of Local Control. Your taxpayer dollars will go to a Louisiana Private Prison Company. Your County Tax Dollars is at risk for increased inmate lawsuits. Tax dollars will back the prison funding with no risk to the private jail company. The private jail company can walk away from operating the jail leaving the tax payers at bay. This is a no lose deal for the private jail company as they are not putting up any money. This proposed deal has no projected increased cost in operations for the next 20 years. What appears to be cost savings today will be paid for in the future. There are too many unknowns to line the pockets of a private prison company with our tax payer dollars. Attend the next Commissioner’s Court Meeting at 9AM Monday July 13 Tell the Commissioner’s Court NO! Information provided by the officers and employees of the Grayson County Sheriff’s Department. Tell Them No! On July 13th! The commissioner’s of Grayson County want to send the inmates of Grayson County to Fannin County!! Judge Bynum says “one of the options that has always been out there is that CEC could house the majority of our inmates (in Fannin County). If this is true then why did CEC submit a bid to build a jail in Grayson County? Fannin County is a private jail run by CEC. Since the State will no longer house inmates in county jails. Fannin County needs our inmates to fill their beds! Judge Bynum says the Commission on Jail Standards will shut down the Grayson County Jail if something isn’t done. The Commission on Jail Standards is not going to close the Grayson County Jail due to overcrowding! – The jail was allowed to add 49 beds to help with overcrowding and there has to be an answer found but it will not close the jail! Something stinks in the hen house!! Please attend the Commissioner’s Court on July 13th at 9am. Your Voice Counts! We need a new jail, not a private jail and sending the inmates to Fannin County is not a lasting solution! Information provided by the officers and employees of the Grayson County Sheriff’s Department.
Grayson County Tax Payer
What Bynum wants Bynum gets. : 7/10/2009
Well that is what it seems like to me. I hope that he doesnt think that we will stand by idle while he decides the future of Grayson County. We are the tax payers of Grayson County and we should not stand by and let this happen. Why would we intrust the safety of the community to a company with no local ties? The brave men and women of the Grayson County Jail deserve better than this and we as citizens have a duty to make sure that we protect them the way they protect us. Stand up and fight! Stand up for what we all know is the right thing to do for everyone living here. Make your voices heard and come to the commissioners meeting!
Grayson County Tax Payer
Lets Do The Numbers : 7/7/2009
They say this jail is only going to cost 30 million to build. They will charge the county 49 dollars an inmate per day, that will be 17,150 dollars a day, 6,259,750 a year and 125,195,000 for the 20 year contract. they can build 4 jails with that and after the 20 year contract if the county wants to take the jail back over the county will have to build a new jail then and we will be back at square one lets just go ahead and build a public jail and stop all the talk about privitization and how its going to save the tax payers money when we all know that are taxes are going to go up because the county will not have the money to pay the private company.
tax payer
Bynum Wrong : 7/7/2009
Bynum is wrong about the limited number of contract jailers currently in the Grayson County jail "working very well". Many have come and gone as they could not hold up to the responsiblity and pressure handling inmates. The better ones have taken positions with the Sheriff's Office which has allowed an opportunity for the jail staff to be able to evaluate and hire from this small pool. Others have just left saying so what, there will be another security position for me somewhere. There will no longer be an incentive to prove oneselve to earn a better position on jail staff if there is no longer Sheriff's Department jailers. Low pay, no chance for advancement into an overall better job will equal a large turnover. The County will still be liable for treatment of prisoners and civil rights violation but there will be more incidents with significantly lower paid employees to handle prisoners from only God knows where as TDCJ starts handling their own prisoners and a decrease in immigration detentions. This is a bad deal all the way around.
Be Smart
: 7/7/2009
CLEAT’s or COUNTY JUDGE ??? … hummm who would have the MOST experience in this issue? Don’t you think CLEAT’s has been around much LONGER than the new JUDGE on the block? What ‘motive’ would they have to warn against a privately controlled jail, other than to protect our state and county from the mistakes others. It seems the release wasn’t ‘threatening’, but warning us that thru years of experience, it’s the taxpayers are holding the bag. CLEAT’s most likely very aware of the law – maybe the Judge is the one that isn’t clear on the details. The hiring process of the County Jail is a very detailed process, and not everyone that applies for a position is hired. Education, experience, training and clear background checks are an important factor. It makes perfect sense that a private company will take whoever walks in the door willing to do the job for the lowest pay, regardless of the job they perform. Who is to say that even if a contract is signed keeping current staff and pay with benefits, that after a short period of time, the private company wouldn't lay off workers and cut salaries?? Bynum's mind has been made up since day ONE. He has an agenda, you can bet on that. YOU get what you PAY for! WE need candidates to run for these positions in the next election.
Politicians don't speak TRUTH
Who gets the money? : 7/6/2009
When you go to a private jail, who makes the profit? For a company to survive it has to make a profit. How does this private company make a profit off of incarcerating criminals? Answer; Cutting costs by reducing the number of employees and paying the minimum amount of wage that keeps employees from striking or refusing to work at that rate, thus you get the folks that cannot find work elsewhere. This means violating Texas jail standards at every turn. The current employees of the jail will not stay long at the new facility after you cut their benefits and pay but will immediately look for employment in a new field or move to another county for work. This has been the history for other counties that took this path. It is dangerous working with inmates and the wage the private company will offer will not be enough to attract a competent work force in the future. By the time citizens wake up to the fact that they have been had, the Politian’s responsible will be gone and then the cost of fixing this will be too high to change or worse, it becomes a legal nightmare that cost taxpayers even more and in the end all the private company has to do is declare bankruptcy and disappear and start over with a new DBA and new corporation. Grayson County doesn’t have the luxury of bankruptcy if it fails and when the profit is no longer there so will be the same for the private company.
Our Constitution is NOT FOR SALE!
More Empty County Jail Beds? : 7/6/2009
Texas prison officials to cancel contracts with county jails The Associated Press June 28, 2009 AUSTIN — Texas prison officials plan to cancel contracts to house up to 1,900 state convicts in county lockups because the number of inmates in state prisons has fallen. Michelle Lyons, a spokeswoman for the Texas Department of Criminal Justice, told the Austin American-Statesman that officials plan to move the convicts now housed in county lockups back into state prisons by the end of August. Lawmakers, who directed the move, anticipated the population decline and did not appropriate $28 million to continue leasing the contract beds. The decrease in state inmates — part of a national trend — coincides with an increase in correctional officers at the state’s 112 adult prisons. The vacancy rate for prison guards has dropped to about 5 percent, the lowest in more than a decade for a state that has long had a shortage of prison guards.
Dig out the info
No Way : 7/6/2009
Let's look at this situation by party line. The Republican majority Texas Legislature just last week refused to pass a bill that would allow private companies to operate toll roads in Texas. Our Republican Commissioner's Court is willing to let a private company operate our jail? If you love the idea of having a private company operate and control toll roads in our state then you are going to love having one operate and control our county jail. This is the ultimate slap in the face of keeping local control. As a conservative I am appalled at our County Judge and his bullying of Sheriff Gary just to line the pockets of an out of state for profit private jail company. Let's show some integrity and dump this risky venture.
Vote 'em out
Dear Citizen : 7/5/2009
Please submit your remark on July 14th. When it is announced that the County has decieded not to go private but instead to move the "majority" of the inmates to Fannin County. By the way this will not be for free. Let's do the math. The jail currently has 350 inmates. If Bynum moves 250 (and leaves 100 like he said in the above aritcle) and Fannin County charges $35.00 a day per inmate (a very conservative number) that is 8,750.00 dollars per day. Times 365 days (a whole year)= 3,193,750.00. PLUS Keeping the Grayson County Jail open to house the other inmates. AND the costs will be higher for transports etc. And then tell me that the jailers losing thier jobs is the big issue. The jailers know what the commissioners aren't telling you.
An Informed Grayson County Citizen
: 7/5/2009
Ain't buying Bynum Amen Brother! It seems to me that a for profit jail means more incarcerations. This is an Incarceration Enterprise. Making money on the backs of the uneducated underprivileged low income folks who get arrested & should have a reasonable bond set. The educated & privileged folks can afford bail even if it is set ridiculously high like this county. A new jail should be authorized by the voter’s who pay the taxes. Why are the Commissioners & the County Judge afraid to let the voters decide the jail issue????
gunterglen
Enough with stampeded emotions... : 7/5/2009
All of this talk about what's good for the local jailers IMHO is ridiculous. People are being laid off in the private sector every day, just in case you haven't noticed. ...... Folks, the discussion is about whether the 120,000 citizens of Grayson County are ready to be saddled with another $100 million dollars in debt, on top the $hundreds of millions$ in bonds our commissioners court and county college bond elections have already committed us to over the past couple of years. ..... I think Judge Bynum has it right when he tells us July 13th is not some magic number.
Grayson County Citizen
We need a vote : 7/5/2009
There has been issues with this jail from the begging where to put it,(I still don't know why its not at the airport where we have spent millions on new and improved roads instead they wont to put it by our schools in the middle of town),and then it was black knight controversy,and it still a call to make it private.If they make the jail private we will lose all control to some big company that doesn't care about anything but there bottom line.Is this some political move at our experience?Or career move.
think people
: 7/4/2009
@Think Again About Voting Are you really okay with the the Grayson taking on $96 million in debt to finance construction of a jail without a public vote? There are reports that, given state budget constraints, the county would probably lose money it expected to receive by housing state inmates. This seems like a bad idea all around, especially while Judge Bynum could alleviate overcrowding by decreasing pretrial detention more.
Mike S.
Judge Bynum, please stop. : 7/4/2009
If Bynum thinks Southwest Corrections cares about guards or public safety more than its bottom line, I've got a bridge I'd like to sell him.
Tom
SAY NO TO PRIVATIZATION!!! : 7/4/2009
PRIVATIZATION IS A BAD DEAL FOR GUARDS, and I hope they hold their ground against Bynum's misguided plan. Companies like Southwest Corrections and CEC make money at the margins. That means guards at private prisons are paid less, new hires are trained less, turnover rates are higher, and facilities are often inadequately staffed. TCJC doesn't have the teeth to enforce its own rules, and that means county jails don't get shut down when the private companies treat their employees poorly. Turnover in privately-operated TDCJ facilities is 90% annually, compared with 43% in the public TDCJ prisons where guards are paid better.
privatization is bad for guards
: 7/4/2009
I am sorry, but when has it come to the public voting on every idea or item coming before the court? It seems to me that we "elect" people to make these decisions. Maybe we need to think harder before electing our representatives in every level of government. Do you really think the public could provide a better answer than those that have "studied" the issue and know all of the facts? If we are going to be voting on each issue, then why do we need our elected representatives? I for one ddo not know enough about jails so therefore my vote would be one made out of emotion rather than knowing the facts.
Think again about voting
Threats? : 7/3/2009
Bynum says he found the press release threatening in nature, what about the threat that he and the commissioners made to the Sheriff? Either go with Southwestern Correctional at a reduced salary (12.00 per hour)for the jailers or the comm. court will send the inmates to Fannin Co. and the jailers can just lose their jobs! How is it that 5 people with no knowledge of what it takes to run a jail are making all the decisions? Why will they not ask or listen to anyone that does know? Bynum and his kangaroo court have their own agenda and it is not in the best intrest of the people of Grayson County!!! The public wants to vote, well your chance will be to vote these jokers out of office!
concerned
No Jail Privatization : 7/3/2009
A VOTE BY THE PEOPLE is what is needed here. The county judge and commissioners court know this, but have in so many words said no, that should only let the residents of grayson co. know that our tax dollars are good enough, but our ability to decide on issues that affect our community is not. What I am getting from todays article is that the judge seems to be under the impression that he has a better grasp of what it takes to build a run a jail than our Sheriff does and I just don't believe the judge has the best interest of the people of grayson as his main goal. Let us not forget that this is not only about providing a facility that is cost efficent to build an run, it is also about pride and integrity in our county, so please back our sheriff and our county jail staff because they are not just employees of the county to written off they are our friends and neighbors and they are not asking for anything other than our support. If you haven't already, let the powers that be know that we do not want a privately run jail.
Robert Martin
What about option 3? : 7/3/2009
Let the public VOTE! Better yet, develope a committee that decides that it is in the best interest of Grayson County to build a jail and take county bonds and build the jail. That is what the commissioners did for the 289 Hwy, right? They didn't ask for a vote to pay for it, they sold the county bonds and build a hwy.
Where is the vote?
Fannin?? : 7/3/2009
If this has been "One of the options that has always been out there" then why did CEC submit a plan to build a jail here?? Why didn't they just stand up in commissioner's court and say, Hey send your inmates to us in Fannin County?? You think that Bynum knowing the black knights looked funny? What about two former Texas Rangers? Since the state announced that they will no longer house inmates in county jails that kinda leaves Fannin County needing inmates for thier new private jail. Maybe two old friends trying to help one another out??
Ain't buying Bynum
Tell the truth Judge : 7/2/2009
The statement was made for employees to decide to quietly take the offer presented to go to work for Southwestern Correstional in a privately run facility, or lose their jobs when the county jail was closed and inmates were moved to the Fannin County jail operated by CEC. The Sheriff states the employees must receive the same compensation as they currently do, the Commissioners Court is saying reduce tttttttthe salary to reduce the per diem the County pays per inmate. Also, why would someone want to take a $10K to $15K a year cut in pay to do the same job? Do you want to give part of your $90K a year salary back to the county judge? Why not contract out the precinct road crews as well? Finally, will the law allow you to reduce the size of the county jail below the county's needs and farm out the rest of the inmate population? You state the county has been sending out inmates for years, that is because the jail is insufficient to house the number of inmates they have now, and you want to add to the millions of dollars you send out of grayson county every year. There's some fiscal responsibility to be proud of. You have bragged about the quality of the employees that work in the jail in open court, now you want to get rid of them, where's the logic? Which side of your face are you speaking from? Oh excuse me, you might take offense to that. You seem to do that if someone says something you do not want to hear. One commissioner commented recently that Grayson County could do the same thing Southwestern was proposing, and without the goal of making a profit, probably cheaper. Why do you not look into that? Why are you so set on a private jail? What is the profit motive?
Thomas
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