Tuesday, May 01, 2007

TYC moves forward with firing misdemeanants

A Grits reader employed at TYC forwards emails that provide first-hand evidence the Texas Youth Commission is moving forward with firing not just people with prior felonies but also people convicted of A and B misdemeanors under its new policy. In all we're talking about nearly 500 employees whose jobs are at risk, about one in ten agency employees.

Sen. John Whitmire had earlier said he favored a case by case review before terminating employees with criminal records, but judging by this correspondence they've defenestrated that plan. The reader in question had been notified last month that they would be terminated because DPS records showed a felony conviction.

It turned out the DPS database was wrong - the employee had only been convicted of a Class A misdemeanor. After spending three weeks getting the Human Resources department to admit the DPS database was mistaken and change the record, this person received another notice recommending dismissal because of a criminal record. Protesting that the matter supposedly had been resolved, the employee received the following reply from Eric Young at central administration:

The first notification reflected what was actually on your Texas Department of Public Safety criminal record (felony conviction deferred adjudication -possession of control substance). The second notification reflects the change based upon your inquiry and their adjustment (Class A Misdemeanor - possession of control substance). In either case the criminal record reflects a status which violates the agency's new conditions of employment policy, therefore we are moving forward with the recommendation for termination process as indicated in the 4/23/2007 letter.

So there it is - demonstrable proof that the agency is proceeding with terminations not just of those with felony convictions but at least some of the 400+ others convicted of misdemeanors, too. It's worth mentioning that a Class A misdemeanor drug possession case is a marijuana charge - all other controlled substance offenses in Texas carry felony sentences. So this person is being recommended for termination based on an old, resolved pot charge, voluntarily disclosed.

Poor morale in the scandal aftermath has been exacerbated by conservator Jay Kimbrough's Paul Bremer impersonation and new Executive Director Ed Owens' mismanagement of employee reviews. Firing hundreds of workers who had nothing to do with the scandals that put the agency in conservatorship will only further demoralize workers, worsen staffing shortages and put both students and employees at risk. Experienced TYC employees are leaving in droves.

And since inexperience and low staffing levels are the main source, say those who've investigated, of increased abuse of TYC youth, it's the kids incarcerated at TYC who pay the biggest price.

These are Governor Rick Perry's appointments, and if the agency fails under their watch, at this point, their overreaching will be to blame as much as the scandals that brought them there, arguably more. The Governor needs to rein in his dogs and redirect them away from rank and file employees and back toward the real wrongdoers.

In other TYC business, the Dallas News today published another article in the saga of who knew what when in the West Texas sex scandal that launched this whole mess, revealing affidavits from two employees (one a regular Grits commenter) who say TYC supervisors were notified of similar allegations in 2003, and that they forwarded the same information to the central office in November 2004 when their superiors failed to act ("2 say TYC was warned," May 1). Reported the News:
Bill Parker, a former TYC case manager at the Marlin Orientation and Assessment Unit, said he alerted his supervisors about alleged sexual abuse at West Texas and other facilities in 2003. When his supervisor and an assistant superintendent at Marlin failed to act, Mr. Parker said he mailed copies of the inmate sexual-abuse claims to TYC headquarters in November 2004.

"I was treated as if I was a troublemaker," the former TYC staffer said Monday.

A case manager who still works at TYC's Marlin unit, Anthony Mikulastik, confirmed Mr. Parker's account. Both men gave sworn statements to the Rangers in April and provided copies to The Dallas Morning News .

TYC officials "could have stopped this [abuse] at West Texas," Mr. Mikulastik said. "They didn't want to do anything about it but cover it up."
Past TYC chief Dwight Harris had previously said he didn't know about the West Texas allegations until the Texas Rangers released their report the following year, so revelations of earlier knowledge might shed further light on why he resigned so abruptly. See the rest of the News' report. Another instance where the folks who actually could have done something to stop or prevent abuse - Mr. Harris are your ears burning? - get off scot-free while innocent employees lower on the totem pole pay the price for their failures. What a disgrace.


Anonymous said...

Send them all to Los Angeles, where they can get on with the LAPD after having their records sanitized. While a criminal record disqualifies them from overseeing young offenders, that should not prevent them from whaling the piss out of the underclass, rolling tourists, or robbing drug dealers, or planting drugs and weapons to make good on bad cases, or cover up murders.

Anonymous said...

Bill Parker happens to be the same caseworker that tried to tell the administration about the kid that admitted to lying about the abuse in the Bollinger lawsuit. He was the dorm caseworker for the "recommits". They are the kids that get released out of TYC and come back in for other crimes.
Wonder what else Mr. Parker knows that no one would listen to.

Anonymous said...

Uh, how exactly do Kimbrough and the rest plan to keep these facilities open with hardly any staff left? The number of students may have been cut, but the ones left now think they are 10 feet tall and bullet proof. The majority of them are acting like a bunch of idiots and think they can get away with anything now that the media is looking. One kid wrote a grievance on a JCO staff saying she was trying to be "sexual" towards him because she told him to "stop trying to be cute" when he was smarting off and being disrespectful to her. This is ridiculous.
Did everyone see the quote from the student who admitted that doing crime was his life and nothing can make him change? That's who most of these kids are in here. They're not the kids you see in your public schools and on TV getting scholarships and awards. They are the ones that skipped school, were breaking into your cars, shooting at each other, doing drugs and whatever else they wanted to do.
Everyone should just walk out. Let the parents and outsiders who are screaming bloody murder that their precious "babies" (who they couldn't control either) are being mistreated because their son or daughter doesn't get to talk during meals. When is the last time they broke up a riot in a cafeteria with 100 students in it because one said something about another ones gang? These kids fight at the drop of a hat, not over rocket science, but over who looked funny at who. I'm glad the Statesman crew was here when the fight broke out on the dorm. People need to see that. It happens every day, many times a day. Staff gets hurt and so do the students. Look at the pictures. It's nothing but concrete and steel in here. Before you complain that kids are hurt in these restraints, look at how many staff are too. People on the outside have no idea what goes on and how hard it is to do this job. Go ahead and cut more staff that didn't have anything to do with the West Texas stuff or anything else. I'll be waiting to see Kimbrough, Owens and Pope working the dorms and restraining kids since they look like they're going to be the only ones left in TYC.

Anonymous said...

Melvin Haisler told an Austin American Statesmand repoter he does not remember Bill Parker ever saying any thing to him about the abuse of youth! I am sure it just slipped his mind or could it be that he realizes he is facing hard jail time for Obstruction of Justice by Threat a felony 3.

It is funny how TYC administration lose video tapes and forget meetings.

It is a good thing Bill Parker found some of the "Get it off your Chest" exercisies he had the recommitts do. Maybe a few of these documents you guys though were lost will jog your memory!

Mr. Haisler don't let the other convicts know you are in for anything related to child abuse. They tend to treat inmates with sex charges on kids badly if you know what I mean.

What I can not understand is why would Mr. Parsee and Mr. Haisler cover up for people trying to have sex with kids. They must be the same kind of people. I guess birds of a feather do flock together! I am ashamed to have known either of them and thought they were good people at one time! I hope both of youi rot in jail for what you have done to TYC children and the employees who trusted you.

Anonymous said...

Careful there 1:43, you don't know what Parsee or Haisler did or didn't report. Don't forget, Lydia Barnard was their boss. She's the one they would report it to. She already had years of covering up for the West Texas guy. They may have very well said something and she may have given them the same response she gave the other people who questioned her on it (the Melody lady and others). All this took place years ago. If you know Melvin Haisler, he tends to forget things even from day to day- not to mention year to year. Can you remember everything you ever said or every person you ever talked to years ago? Do you know how many allegations have rolled through there since then? Hundreds if not thousands. He may not be the brightest tack in the box, but before you throw him into the mix of people sleeping with the kids, how about we let the information come out. I'm not defending him, but there are other possibilites out there to consider before minds are made up.

Anonymous said...

1:53 you sound like you know Melvin Haisler very well. I for one would remember the rape of children even if it happen 20 years ago. So your theory don't wash!

Anonymous said...

I don't know him "very well" but well enough to know his character. He is not an "evil" person. He has flaws as every person does, but grouping him with others who sleep with children is a little harsh with what little is known right now.
Why did Parker talk to Melvin Haisler rather than Parsee or an investigator (or did he)? If not, why did he lay that on only Haisler? Also, you said in your prior post that Haisler said he didn't remember speaking to Bill Parker about the abuse. What I heard was he didn't remember any conversation with Parker. You didn't say if he did or did not remember the abuse issue itself (involving the West Texas people). That was my point of the comment that hundreds if not thousands of conversations and allegations have taken place since then, because he can't remember talking to Parker doesn't mean he doesn't remember anything about the issues themselves. The question to Haisler needed to be narrowed down after his claim of not remembering talking to Parker. They should have asked him if he knew of the abuse years ago.

Anonymous said...

It is amazing how many pundits think running an institution is easy.

My experience with many Marlin staff is that they are never happy with any decision that is made.

Marlin is a small facility and you can't fart without half the facility smelling it. Is is the closed in environment, stress of the job, yearning for the good old days, the rampant rumor mill??? I don't know why, but the facility seems to feed off of angst and frustration.

Parsee and Hasiler both attempted to do their jobs to the best of their ability. Their jobs are tough, especially when they have to follow through and implement policies they themselves disagree with from central office. For every employee they made happy they would anger six more. So many people are so sure they could do better...

Step back and listen to yourselves...

I worked with Bollinger, Parsee, and Haisler... I know them all well...

And I can tell you the only one that I know, from my experience, that was deliberately engaged in covering up abuse of students was Tom Bollinger...

Bollinger put a woman without any degree over the security unit at Hamilton, prior to Jerrod Wendler.

This woman was known to be sleeping with her employees and had several cases of confirmed abuse... but she did every thing he asked her to do! Her last name was Barton and she dragged down her former husband, Charles, until he divorced her.

For those of you who remember Jim Yocum, Bollinger went after Yocum for Steen with a ton of trumped up charges that he was not adequately doing his job....which Yocum disproved with a stack of paperwork.... Yocum had so much documentation Bollinger had to back off. FYI, the only caseworkers that had a clue on that campus, Hamilton, were the caseworkers Yocum trained.

Bollinger told me from his "own" mouth that he went after Yocum because Steen wanted Yocum gone. Bollinger knew I distrusted him and was trying to get on my good side.

I know this about Bollinger... I never once heard or saw Parsee or Haisler make any similar statements despite all the rumors to the contrary. So don't just make spurious statements....

Fed up!

Anonymous said...

I know and worked with Bill Parker. I have a great amount of respect for him. He did everything he could to try and bring attention to those issues. Not just the West Texas ones, but the ones about the lies against Bollinger, other co-workers who were doing illegal things, caseworkers who were sexually harassing others and getting away with just about murder, and anything else he didn't feel was right. Administration and his supervisor (Chales Bales) did target him. Bales did tell him they were out to get him. The poor guy walked around looking over his shoulder all them time and popped migrane pills like they were Tums. At first we thought he was just being paranoid. But, it became pretty clear that they weren't interested in him trying to address things. Bill got out while he still could before they fired him and made him inelegible for rehire for whatever they could come up with. You should have seen how suddenly the orders came down for the supervisors to walk the hallways and write up caseworkers who were not conducting group exactly on time or not logging in and out on their computers for their work hours. Funny how that new work hour policy just showed up. Marlin administration changed the caseworker working hours, without giving any logical reason. They tried to make Parker quit or violate the new policy because of his daylight hour driving restrictions for a medical condition. It was so obvious what they were trying to do to him. He wasn't being paranoid. They really were targeting him. I'm glad he's back into the grind and helping with all of this. Good job Bill.

Anonymous said...

To 2:26 you sound like you are one of the people about to lose you ass in the lawsuit Bollinger has against TYC. Running scared? Everything I've seen so far looks like all the stuff against Bollinger is crap. All the people who fired him are now fired themself. All the people who are named supporting him haven't been. What's with that?

Anonymous said...

That was to 2:46, not 2:26

Anonymous said...

Annually, TYC staff are trained in Incident Report Writing. The incident report, referred to as a CCF-225 has incident category that can be circled to report alledged abuse and neglect. These reports are turned into security, read by the director of security, and entered into the data base by a clerk. Unfortunately, at WTSS Mr. Brookins was the Acting Superintendent and Acting Director of Security at the time most of the abuse was occurring, so no incident reports could be entered into the database without going through him. I was wondering if the two caseworkers at Marlin wrote any incident reports and turned them in at Marlin. If they had, they would still be in the M204 database, and would eliminate any deniability. I suspect they did not, because of ignorance or fear of retaliation. I know it's not from lack of training, however, because the training specialist at Marlin is very thorough and conscientious.

Anonymous said...

2:46 Gee D.S., is that you? Pretty transparant don't you think?

Anonymous said...

The trainer at Marlin at that time was Ted Williams. He was very thorough. Sorry to deflect the kudos you were trying to give to the current one.
Writing up a 225 and submitting it to the security unit is not the proper way to report child abuse. It is to be reported to a supervisor or person in a position to take action on it (immediately if necessary), not sit in a box for unknown amounts of time to be simply typed into a computer. Reports of child abuse and the reporter involved is supposed to be confidential, putting that 225 and that information in a computer for anyone to see is a practice that should stop.

Anonymous said...

Fed Up to 3:05

No, not involved in the lawsuit. And I like and know Bill Parker and don't doubt his sincerity or veracity. (Bill likes toys... toy soldiers...his wife used to work at a bank)

Even if the lawsuit was bogus...and can't comment on it either way...doesn't mean that Bollinger shouldn't have been fired or is innocent of anything I have talked about. Bollinger would have eventually gotten the facility into serious trouble.

Bollinger is good at manipulating facts. Bollinger has done many things that Del Price could have fired him for...but Del was aware of Bollinger's propenisity towards litigation and twisting facts...

I have worked with many kids who were in TYC on trumped charges, even most of them would tell that say that despite not being guilty of their committing offense they deserved to be there.

I wouldn't put Parsee or Haisler in his class. They may be General Offenders but he is straight up sentenced or VOA.

Sounds like you may be one of Bollinger's cronies...

Anonymous said...

From what I have seen so far, I'd rather be one of Bollinger's "cronies" that who you are trying to defend. All the stuff out there so far isn't helping you at all.

Anonymous said...

I also knew Ted, and I agree he was thorough, but he was not the trainer at Marlin when Brookins was at West Texas. I don't disagree that it should be reported to supervisors, but without documentation people can always say they don't recall. The M204 is only available to those who need to see it.

Anonymous said...

3:28 Dude, why are you bringing up all this stuff that supposedly happened at the Hamilton unit? Isn't Del Price the Supt. that got demoted and moved to Crockett as the head shrink? Doesn't sound like he was so great either. And before you try and come back with he just took the job because it was open when Hamilton closed, he wasn't really demoted- bull crap. There's been a lot of Supt. openings since then he could have applied for to get his old position back but didn't. All you seem to have is old stuff and just said yourself the stuff in Bollinger's case may be bogus. What's your beef with this guy? Why are you bringing up stuff that doesn't even relate? I'll read the papers and see what happens with the lawsuit.

Anonymous said...

You can document all you want, but legally you are required to report everything you know to the people who can act on that info. If you see they aren't acting on it, go to the next one over their heads, law enforcement, CPS or whoever else you have to. Typing it into a computer database does not constitute a report. You may not agree with reporting it to a supervisor, fine. But, you need to read the law very carefully on reporting child abuse and nelgect. Putting any information about the reporter of the information or info that could otherwise jeopardize the investigation in a forum of public access (anyone other than those legally investigating the case) is illegal. You said M204 only has access to those who need to know? Caseworker, JCO and many staff have access. No one but those investigating the case need nor should legally have that information. That is how abuses get covered up, evidence becomes lost, etc because people can see what is happening.

Anonymous said...

Del Price was fired/demoted largely because he refused to cover things up or keep quiet about the problems at the facility. He was too outspoken about the problems at the facility.

He was an OK superintendent but he did have two Assistants who were warring with each other over the control of the facility. He allowed that to happen and should have put a stop to it.

I bring up Bollinger only because I read comments about Parsee and Haisler that I believe lack credibility. These seem to be the same persons that back Bollinger by attacking them. They also seem to be the same persons who make crass comments about Roger Green "one leg to stand on."

Just want both sides of the argument heard...

I will be first to admit
Parsee can be harder to defend, he can be moody and make off the cuff statements... Jones and Bales often helped keep him in check with rash decisions. I think Melvin would try to make an omelet without breaking any eggs if he could.

Marlin is full of good people and employees but there is too much gossip and people are too polarized.

careful about who you think I am, there are several persons on these post I think could name...

PS, as far as I know DS got along with Bollinger just fine...

Anonymous said...

Sorry, had to laugh at the eggs and omelets comment. That was good.

The things I've been posting here (and now wish I had been putting something to show which but now anyone can claim them) hasn't been defending or supporting anyone. I agree with most (but not all) of the things you said in this last comment (4:10)- especially about the Roger Green comment.
I personally don't care who you are. Anyone can guess anyone here and even if you guessed right, no one could prove it. I'm pretty sure I know who some people are as well, and if right- glad they are here. Otherwise we wouldn't get the information that we have so far.

Gritsforbreakfast said...

"The things I've been posting here (and now wish I had been putting something to show which but now anyone can claim them) "

This my friends, is why if you're posting here regularly you should voluntarily regiser with a pseudonym for posting puroses, or at least sign anonymous posts with a pseudonym. That's really helped me a lot for just a few regulars to start doing that (and thanks to all who did). It's not mandatory, but it helps promote clarity and civility.

Also, just generally to all - please stop trying to guess people's identies in the comments! If they wanted to be outed they'd have signed their name. Play nice and be respectful and this forum will be a lot more pleasant and useful for everybody.

Gracias amigos!

Anonymous said...

One thing that stands out is the fact Bill Parker and Anthony Mikulastic put their names on sworn statements to the Texas Rangers. I wonder if the others would sign on the dotted line under oath?

You have to admit putting your name out there on a sworn statement is pretty strong! One of these guys still works at TYC and still stepped up and signed his name.

My money says they got the goods on some people who should be very nervious.

Anonymous said...

That's a prett valid point 5:09! These guys face false allegation charges if they are lying.
There are more people in the background that we don't hear about that have signed on the dotted line too. However, they don't want to go public. Regardless, they have put themselves at the same risk as Parker and Mikulastik. From what I have heard, people are coming out of the woodwork to report stuff since the old administrators and board are gone. A lot of people need to be nervous since the old administration isn't there to protect them anymore.

Anonymous said...

Parsee and Haisler are getting alot of attention here, but no one seems to be focusing on Don Freeman at the Crockett unit. Why is he still employed?? Is he related to Perry too?? He is 50 times worse than Parsee or Haisler ever could even think of being.

Anonymous said...

Amen to that!! I don't know about being related to Perry, but he's got to have something on someone to still be here. He should have been the first Superintendent to fired! If all this mess gets investigated and Freeman is still employed with TYC in the end, I'm quitting. They're firing people who didn't do anything to the agency or these kids and this monster is still here?? He better go or this whole change and cleaning out of the bad people really is a farce!

Anonymous said...

I went to the Crockett campus and met Freeman. That place gave me the creeps. It felt evil. The staff looked at you like you were crazy and Freeman was a rude asshole. He wouldn't let a lady with us who was diabetic bring in her insulin shot. He wouldn't even let her keep it in the infirmary. She had to stay in the vehicle the whole time we were there. Then his secretary told me I had to tuck my shirt in. I was wearing a silk blouse pantsuit! I wasn't wearing anything skimpy or inappropriate. I'm a grown adult and this snot is telling me how to wear my clothes? When we were leaving, someone from Central Office was at the front security gate. She was screaming on her cell phone about the searching they did on you when you entered the facility. She was yelling at someone that she wasn't taking her shoes off for anyone and if they didn't like it they could kiss her ass. We waited around in the parking lot to see what she was going to do. 10 minutes later she was still standing out there. We had to go so left without seeing what happened. That Freeman guy is something else. I've never been to a campus so unfriendly and so evil feeling.

Anonymous said...

Don't get me started on Freeman...

I have already commented on the man in previous posts!!!

He has corrupted three campuses with like minded staff that I am aware of Corsicana, Mart, and then Crockett.

Blu Nicholson...don't have any love for that man... AND I remember the blouse incident...

Freeman had to leave campus after that... Rumor was that several employees who were so upset with him that he was wearing a bullet proof vest!

Whitsfoe said...

Sorry I've been absent for a little while. My dog got, well, killed by someone who thought he was a deer. He was a Great Dane, in the wrong place at the wrong time.

During times of stress like this, with the impending closures of San Saba and the MOAU, people get a little excited and quit frankly say “F-it. What do I have to lose now?"

I say, let’s redirect that negative energy into something more productive.... like poetry.

I say we have a poetry contest to vent our anger - TYC style.

I'll be the first contestant, and so here’s my "work..."

"Whitmire and Kimbrough
went to pick coal,
but Whitemire blew ashes
up Kimbrough's asshole."

I hear your applaudes, and thank you. Thank you for participating, and I look forward to your "work."

There… who is next?

"Chuy" said...

Lets face it until we get an Executive to run this agency with the support staff who have the best interests of both staff and youth we are going no where. We can continue this finger pointing but this is reality. Our elected officials have doe nothing to help alleviate this fiasco, and guess what they have a joint hearing tomorrow at 8am about our agency, do you really think they give a flip about all of this NOOOOOOOOOOOO. Also why is it so difficult for some of you to come up with a pseudonym, Bill, Bob, Jill, but anything but Sue, come on folks, Grits has posted this numerous time and you still cant figure this out, and we wonder why we have issues in this agency?

Anonymous said...

If you look at the promises of the conservator they don't add up to much. There is no pay off, no positive resolve or result to the bullets actually implemented. When he vowed to remove felons and class A and B misdemeanors he also vowed to replace these personnel at a rate of 3:1 with TDCJ guards, Detention jailers, and certified peace officers. Does anyone have any knowledge of any of these folks actually working, never mind being slightly interested in these posts or on TYC campuses, central management can't even figure out how to utilize these reinforcements. TDCJ is 3000 employees short so that was a misqoute/ brain fart right from the start. Remember also this from the same guy who said 550 youth would be released and 1500 more sentences were being reviewed. Amazing only 10% of that prediction has panned out, those sentence reviews must be under a very finite microscope, none released yet. When you talk about things the media hasn't covered what about these predicitions/platforms. The allegations of abuse (with three state agencies reviewing them) will turn out the same way in the end, high numbers with a small percentage of validation. mean while facilities are running with high numbers of youth, low numbers of staff, very few administrators, and NO communication or direction from the front office. Now that is a story.

Anonymous said...

Sorry, GRITS and CHUY, but registering means you have my information...and I have been a state employee so long (longer than 6 months) that extreme paranoia has set in... I am convinced that the Choppers that keep flying over my house belong to Kimbrough and Owens.... used to belog to Harris and Clay...

There coming to take me away HA HA....

I will take it under advisement!

Anonymous said...

the game being played is so political. take the reassignment of one superintendent down to the valley. I'm sure senator Hinajosa won't catch the implications of a spanish speaking superintendent with a hispanic sur name.

Gritsforbreakfast said...

@7:11, actually it doesn't AT ALL mean I have your information. Blogger is a free service by Google, and it allows you to register with a pseudonym with no identifying information, if I'm not mistaken.

To be clear: I have NO information about the identity of any Grits commenter or reader beyond what they choose to disclose, including those registerd with pseudonyms! I have ZERO information from comments registry.

For the record, I have no data that could identify Grits readers except those who've signed up to receive a daily email digest of the previous days Grits posts. (For them I have emails with no names or other identifying information.) If you're just signing up to comment, that information is NOT public nor is it available to me. I couldn't reveal who Chuy or Whitsfoe are if you put a gun to my head - I don't know and have no way to tell.

With that in mind, perhaps you'll reconsider - but no pressure, that's why I allow anonymous comments for folks who haven't yet reached a comfort level. Best,

No longer a proud Texan said...

So, let's get back to the topic of the post - the terminations of our felons and some of our misdemeanants.

I contacted my Representative and Senator on this matter (and Whitmire's alleged support for case by case review) and haven't heard anything back. Has anyone else who contacted the lege heard anything back?

Whitsfoe said...

So no compassion for my Great Dane that was mistaken as a deer, Grits? MMMkay, maybe I have to admit it was an experiment gone wrong. It was my brother's idea to make that headdress on my dog to see if it had any impact on the deer population... we were thinking a big ole' buck might see something "new on the horizon” coming along, and act accordingly.

But... we failed to "inform the population," specifically our neighbors, just as TYC is doing now.

Finding out that Barnard was terminated through the MSM is just bad business and absolutely unheard of in the corporate world (unless you are in the NFL).

Pinpoint, as few times as I agree with him, is right on when he described his thoughts on the matter earlier and in a different post.

It's just bad business anyway you look at the situation.

If they don't set the example, they'll be the example sooner rather than later...

You can trust that Henson is not keeping your name people. Pick a name and run with it... just hit "other" and pick a name. You don't have to register and I've done it for awhile now...

Anonymous said...

Seems to me the one (AM) that is singing the loudest about Marlin Administration may be setting himself up for something down the road.... Could it be that our "faithful" blog writer has some skeletons in his own closest that he is trying to cover up???

Curious said...

Curious things happen so often and quickly these days. Like earlier today, I looked at the TYC internet home page, and right there on the upper left side of the page was a link to some very interesting information. The link was to "project reform updates" and there were several, I think four or five. They were written by none other than the Special Master himself. But now, they are gone and there is a little blurb about "project updates coming soon..."

Fortunately I printed one of these documents so I can relay some of the information. I had not planned on writing anything but now that they have been taken down I am curious.

See, these "updates" basically consisted of bullet points detailing the Special Master's weekly activity and progress. They were written to the "Legislative Oversight Committee" by none other than Mr. Kimbrough himself. Two of the bullet points, from the most recent update, dated 4/25/07, were intriguing in light of recent publications in the news.

The first i will mention, and I quote: "The medical services review team from the American Correctional Association has completed site visits at three TYC facilities and will have a written reported issued by Tuesday, May 1st. The team briefed central office staff on its preliminary observations April 24th. They noted substantial room for improvement in terms of delivering medical care to TYC youth, excepting the mental health services, which were given some praise. Details will be articulated in the team's report.

Now, i understand this is not earth shattering information but it certainly does not jive with recent articles about the status of treatment of youth with mental health problems. Grits has a post about this issue (interestingly I think it has the fewest comments of any recent post about TYC). The primary reason I include this information is because making this comment unavailable to the public, by removing the updates from the website, keeps any positive information (albeit modes and as i mentioned not earth shattering) out of the news...I seem to remember some of the legislators, or maybe it was just one, making comments about how they did not want to hear anything good about TYC (which may be an effort to distract people from continuing to look into who among central office staff, legislators, the attorney generals office, and the governors office, knew what and when about the ongoing sexual abuse at WTSS).

The second, and more interesting bullet said, and again I quote: "Research Division has completed an anlysis of misdemeanant youth committed to TYC finding that they account for 18% onew (typo original) commitments through FY 2007. The study also determined that misdemeanants have a higher recidivism rate than felons in all categories, INCLUDING THE RE-ARREST RATE FOR VIOLENT CRIMES (emphasis mine), primarily because chronicity of delinquency, as opposed to its seriousness, is a more important predictor of recidivism. TYC Felons average 2 adjudications versus TYC misdemeanants who average four.

Maybe the chairs of the Legislative Group In Charge of Wreaking Havoc, otherwise known as the Joint Legislative Committe of the Operation & Management of the Texas Youth Commission, should have requested some of this data before concocting a bill to disallow judges the discretion of sending "God's Children" (aka. Devil's Spawn) to TYC for chronic delinquency (and by the way Harris County needs to study the dictionary's definition of chronic).


Anonymous said...

Sorry to hear about your dog Whitsfoe. And, I appreciate your agreement on the media firings. You and I may go head to head sometimes, but so far it's been a pretty respectful banter. I wish others had that ability or would use that more often- including the TYC administration.
It would also be great if others would sign off on their posts so things didn't get so confusing. I choose not to actually register for the same reason 7:11 gave (minus the helicopters). Though Grits and others may not be able to access that information, a subpoena from the right people/person can. Also, there are enough hackers out there (paid and unpaid) that could figure out a way to know what color socks you are going to wear tomorrow morning much less figure out an IP address and track it. No thanks. I'll stick to signing each post in the text and at least make it a little harder. Some already know who I am and that is fine too. As someone posted earlier, it doesn't really matter. We are here to exchange information that would otherwise be kept from us when we have the absolute right to know.
I do my best not to "beat down" anyone here. I may disagree with you, but I try to be respectful in my disagreement. Should I cross the line, I have no issue saying I was wrong or in apologizing.

And Whitsfoe- here is a poem to continue to request:

There once was a man from A&M

He became powerful and has many friends

People came to him and said, "Perry, something stinks within"

"TYC has got to be fixed or it's your skin"

So he called upon his friends to clean the house

He brought Ed Owens and Rissie- Edward's spouse

At the top is his friend Jay who had vowed to save the day

But, in the end hopefully he's the one to get the oust.


Whitsfoe said...

Aahahahahahaha! I love it!!!!

Anonymous said...

Oh that freakin rocks! Finger snap! Finger snap!

"Chuy" said...

Good post "Curious" this is the info that most in the field don't know or have been kept in the dark.

I do agree that TYC has many success stories every day but you will never read about or hear this uttered. The reason is clear, why would you need a conservator? This has been political from the start and will continue as long as the session is in play.

TYC does and will continue to have good staff who will report mis-deeds, it is just sad that some did not do their jobs back when Ray Brookins began his rape of the State. TYC's PR guy was quoted in the paper last week and said, if the current team was not in place then the rape of a 18 year old girl would have never been reported in the old days. That is a slap in the face of every current TYC staff employed. And he is OUR PR guy.

Anonymous said...

Think I would get fired if I used that as my "cute quote" after my signature in my agency emails? Baaahhaaahahahahaaha!

Lonely in Laredo said...

Why was Eduardo Martinez, the TYC Supt. at Giddings moved to Evins? I know he did not volunteer for this post, he had just transferred to Giddings TYC Unit from the Gainesville TYC Unit and his daughter goes to UT/Austin. Can someone make sense of this other than he is Hispanic and someone wanted a Hispanic down in the Valley, last time I checked TYC is not an "At Will" agency.

Anonymous said...

"At Will" refers to the ability to fire someone without cause (as long as it isn't for an illegal reason).
TYC IS however an agency that always includes in it's application for employment or job description "employee agrees to perform other duties as assigned". That is an out for TYC and any agency to make an employee do just about anything short of something illegal.

Whitsfoe said...

Under the rules of the “conservator’s hip,” we are now “at will.”

It's all going to change when the gavel slams in 30 days or less. TYC will be an "at will" agency as I'm told and have been reading.... There is both good and bad with the thought.

I hear what you’re saying though…. Eddie’s ethnicity and going to the Valley is seemingly a good fit for the community and that campus, but not necessarily for Eddie and his family: one daughter still in High School and has adjusted well, and I mean very well, to the Giddings community and her High School. Two more at UT and commuting….. What a blow to Eddie.

I feel you on that one, as do many of us that have uprooted our families and moved.

…..But maybe you' be interested in writing a poem about that, and join us as we join the renaissance….

Anonymous said...

Sorry, felt another one come on Whitsfoe:

Enie meanie minie moe,
Catch Ed Owens by his toe,
Dwight Harris fled- Perry gave us Kimbrough
No one speaks except through Pope
Enie meanie minie moe.


Anonymous said...

Hickey dickery dock,
we're now off the clock,
Ed came down,
we're all stupid now,
and Reecie's getting no ....!

(It rhymes, trust me).

integrity counts said...

You can sing along to my contribution.....

Old Mr. Kimbrough had a man named, EIEIO.

And with this man he had a plan, EIEIO.

With a termination here and a sacrifice there, here a quirk, there a smirk, everywhere a political jerk,

Anonymous said...

OK- one more:

One dismissal, two dismissal, three dismissal, four

Kick good employees right out the door

Promote your friends and deny the proof

Just throw the m*&^% f*&^%$ off the roof!
(no wait- wasn't that what Freeman said?)


Anonymous said...

Ahahahahahahaha!! You guys are funny, but I'm going to bed!

Whitsfoe said...

MMMkay! Looks like we've got a competition! I haven't laughed this hard since February! Keep it up!

Anonymous said...

Sounds like a good idea (bed time).
Sorry if I offended anyone with the content of my "poems". I may have gotten a little carried away in the moment of creativity. It was a fun break in the ususal posting banter though- thanks for the change Whitsfoe.

Anonymous said...

I think some felons do need to be fired, especially for robbery and/or burglary, and especially if you have more than one. What do you think AM?

Anonymous said...

I was reading an article in Time Magazine about actors playing villains. Richard Corliss wrote something about villains I thought was appropriate to all the Villainous
names that have gone in all the previous blogs...

He wrote, "Bad people, locked in the basement of their dankest impulses, don't know they're bad. They think they're the good guys in a world that can't understand them, and must be punished for that mistake. Villains see themselves as victims."

As all of us write our blogged comments about those we see as the Villains of TYC, let make sure we own up to our own shortcomings and constantly self evaluate so that we don't become the same villains we love to elaborate about. Some of the greatest evil in the world was done with the best of intentions....

Anonymous said...

Thank you for your comments 8:03AM - Very well spoken.

Anonymous said...

Oh my gosh those poems are so funny! Grits, you should make another section for us to have our own poetry section like the TYC Kids Art one you had!
This is so stressful for all of us, we need a good laugh.

Anonymous said...

I am sure if someone actually had a conviction for robbery and burglary they would have been fired by now. If they disclosed the offenses at the time they were hired then they should not be fired. As I said, if they actually had this type of conviction record they would be fired by now.

MH you were set-up to see how long it would take you to spread the inaccurate info around the unit. Within 10 days you had it out in the community not just the unit. You had your hatchet boy RG pass the bogus info to the TIP LINE. Thanks for documenting your and RG’s actions with OIG and the AG. You are caught MH. You swallowed the hook, line, and sinker! BUSTED!!!! You were the only one given the setup info so you are the only one who could have passed it on when doing so would have been a criminal offense. I even know who you used to spread the rumor locally and they will also have some explaining to do before this is all over. They could be facing criminal charges or fired along with you. Now you know why I am still here and I know it breaks your heart.

Anonymous said...

11:01- What the hell are you talking about? Who is MH and RG? What information?

Anonymous said...

11:01 am

Obviously written by a person in Marlin whose cramped quarters and lack of sunlight have addled is brain.

Sounds like a bitter bitter bitter person... let it go, move on with your life, and evolve. See your therapist...if you don't have one, you need one!

No not Melvin Haisler (MH) or Roger Green (RG)...

The information you elude to could easily be surmised by anyone reading GRITS or the multiple news stories about TYC... or by other employees at various institutions...

Anonymous said...

If they spread bogus info or reported it to the hotline, how is that illegal? What was the information? If they were "fed" something that looked criminal against someone they are covered under the "good faith" clause in reporting it to the OIG or AG. They would have been criminal for not reporting it.

Anonymous said...

Ha! Ha! Looks like 11:01 may have just outed themself thinking they had someone by the nuts when his were really over the vice and didn't know it!

Anonymous said...

I just read through the pdf info of Kimbroughs review...

Stated that 5 superintendent have been fire or resigned. I have heard rumors of terminations but only know of Parsee and Caldwell. Who else was terminated or resigned...

Anonymous said...

From the report...

3. Review all senior level management positions. The TYC conservator has directed that the top two levels of management, including all facility superintendents and assistant superintendents, reapply for their positions. This has provided the agency with the opportunity to review each member of the executive management team and audit each position. As of May 1, 2007, ten key executives and "five superintendents" have resigned or been fired.

Anonymous said...

"10 Key Officials"? I count 11:
Dwight Harris
Linda Reyes
Lydia Barnard
Neil Nichols
Emily Helm
Ray Worsham
then the group of 5 fired (with Brantly resigning)
Kerri Davidson
Don Brantley
Dr. lady- can't remember name
Another I can't remember name
Another I can't remember name

Superintendents gone we know about:
Caldwell- fired
Parsee- resigned

Who are the other 3?

Anonymous said...

Has anyone at your facilites not seen your Superintendent around lately? Maybe they fired them or they resigned and everyone just thinks they are out on vacation or something. No email has ever come out saying Parsee was no longer with the agency, maybe they didn't send any for other Superintendents who may be gone too.

almost outta here said...

anon at 2:47 - The "Dr. lady" was Dr. Corinne Alvarez-Sanders - Assistant Deputy Executive Director for Rehab Services. The two you don't remember were Pat Logterman - Director of Treatment and Case Management, and Larry Reue (I may not have spelled that right) - who was another level down from that in rehab - so not really a "Key Official".

I really miss Larry and especially Pat. Pat was a wonderful resource. I talked to her a lot for help in my own work.

And yes, I'm finally registering a name.

dwts said...

Based on the information I have, Larry Reue (or however you spell his name) chose to retire the day they "requested the resignation" of Dr. Sanders and Pat. He did so without anyone asking for his resignation.

no longer a proud texan said...

Just FYI - In looking at that report, I read that it said 12 key officials and 3 superintendents - maybe this was a change they made after they pulled if off yesterday?

The 12th key official not listed by 2:47 p.m. is Chip Harrison.

The 3rd superintendent is probably Sylvia Machado - I haven't heard what happened to her employment status since her arrest, so this is just a guess. But, I can't think of anyone else and no one else seems to be missing from the Gateway or e-mail systems.

Anonymous said...

No, they must have changed it since I posted at 2:18 p.m. I copied from PDF to word to grits verbatim only adding the quotes.... maybe someone is reading this site...

It read five:

3. Review all senior level management positions. The TYC conservator has directed that the top two levels of management, including all facility superintendents and assistant superintendents, reapply for their positions. This has provided the agency with the opportunity to review each member of the executive management team and audit each position. As of May 1, 2007, ten key executives and "five superintendents" have resigned or been fired.

Anonymous said...

HEY - TYC DO YOU HAVE A UNION! ADULT PROBATION IS WORKING ON A UNION. I think it is time to join forces. We are "at will" also. Under the Texas Labor Laws you have a right to form a union!

Anonymous said...

TYC has had a Union but it has almost always been something of a joke...often taking credit for things that they had little to know involvement in. I have seen Union representatives represent employees in termination hearings. Their representation was laughable at best. Better off saving those Union dues and retaining a lawyer...

In an "at will" state Unions have little power... specially when they are not connected with the mafia... Now, Tony Soprano...he'd have people running sacred...

Anonymous said...

My Gosh, what was with the 11:01 post!? Did someone finally snap?

PAPA said...

Isn't this exactly what is WRONG with the entire Justice System in this country???? Everyone is GUILTY before the facts are presented to a Court of Law. What happened to the being INNOCENT until proven GUILTY. BACK OFF, until the truth is revealed. STOP CONVICTING in the Media before the hearing is done. Why not talk about the WRONGS done to the kids. Sure they are not in there because they don't have problems. If they didn't have problems they would not be there. What is going to be done to help the young people involved in all of this. Makes me wonder how many are not talking, will never talk about what has happened, what they have seen, what they have heard.Hopefully with the properly trained staff that continues on, with the proper type of security, with the proper type of reporting system, the young people can be helped instead of made into something worst.When you have staff that receives the complaints, they are to send to the proper people, but instead trash them, this will not resolve the ills of the system.In ALL the SMARTS in our Legislative BODY of TEXAS, LAWYERS, JUDGES, ADVOCATE GROUPS, ETC. surely someone can develope a system of CONFIDENTIALITY that goes outside the location that the report is on, the person it is about, or about the problem/issue; that the staff working at the Unit can not touch, not even the head person. This will stop the temptation to cover up the complaints.A central location to review all complaints by non-employee staff of TYC or TDCJ. Setting up the Office of Inspector General(OIG) or Ombudsman's office is just more of the same thing, if it goes like the adult prison. The OIG / Ombuddies help the guards to cover up the wrongs. Until this changes in the entire CORRECTIONAL SYSTEM where there is CONFIDENTIALITY THE abuse, torture, assault, neglect, will never end.FREEDOM of TELEPHONES where the Inmates can call out will expose much of the wrong when the Inmates are allowed to called friends and family.The Confidentiality Board should have a direct 800 number that anyone can call there anytime to report problems/issues. Say something like a 911 system that writes out the reports and contact the proper ER center to handle emergencies. In the Adult prisons, the Inmates usually know what is happening before anyone else. Sometimes someone needs to listen to them. I recall a Nurse, I believe it was, that was raped at the Robinson TDCJ UNIT, the Inmate that wrote me said he had reported what was going to happen to two different people, even told them how it was going to be done, but they would not listen to him.I received the letter from the Inmate in the mail telling me this was going to happen on the day it did happen.There are some Inmates that are trying to do right, you need to listen to them and learn from them. Should the same type of system that is currently in TDCJ is set in TYC, it will not stop what is going on. I have been listenting to Inmates for about 12 or more years.Just My opinion. Flo, PAPA

Anonymous said...

Does anyone know if any of the people being terminated has tried filing a complaint with the Texas Workforce Commission or the EEOC for employment discrimination?

Anonymous said...

most of the terminations haven't been finalized yet which means the EEOC complaints are yet to come. If an employee was fired under the old policy, like say an Emily Helm, they still have to receive final approval from Owens, then have a hearing, then file the EEOC, then a civil suit.

Under the expedited policy I'm not sure anyone has actually been terminated since most had 30-days with pay and many received an additional 30-day extension.

bubba said...

I wish someone would please do a open records request and actually look at all the complaints "Jay" reports about all of these TYC facilities. Once again he is justifying his position and mission. The real truth about all of these complaints are the majority are bogus, ask the Rangers, TDCJ/IG, the Attorney Generals Office. The youth believe just because this outside presence is on campus it will help with their release, it has nothing to do with abuse or mistreatment. You wont read that in any report unless it is requested. Then see how many have been investigated and found untrue or that the facility was on top of the issue and already dealing with the issue. As long as you make TYC look bad you can justify your existence, if the news is good the purpose for your appointment makes a lot of politicians look stupid. Bottom line TYC had poor leadership and they are now gone, lets face the truth and stop this charade.

Anonymous said...

To 7:10 pm
My suggestion is that the grievance systems (both for employees and students) should be computerized.
The cost of putting computers in a private location on each facility and allowing people the access and time is VERY doable. The cost would be minimal compared to its benefit.
For students, the time provided to every student, every day can easily be worked into their daily routine. Not every student will want to file a complaint every day, so the time taken to do this would be manageable. But every student should be provided the opportunity every day. If necessary, even having them log into the computer and selecting an option that they do not wish to file one that day.
Taking them to a location on each campus with several computers set up (with "their eyes only" views of their computer screens) is within the capabilities of every campus. It is my suggestion that the complaint system be formatted as a "drop down" or easy selection boxes to choose areas of complaints and provide all staff names that work at the facility in drop down form as well. Many students have difficulty spelling and writing so this would aid them in expressing their issues as well as making it less time consuming. An area for typing information should also be provided as well so they can put it in their own words if they so choose.
Each location should have cameras capturing the area to ensure no one is violating the student's privacy, threatening him/her in any way and to prevent others from attempting to impersonate or tamper with the system. I do not suggest any printer for the student complaint area. This would prevent anyone from gaining access to what the student said. The student should have the option of sending a copy of his or her complaint to a folder or email account set up for them by the complaint agency. Every student in TYC should have their own account. Not a typical email account that they can send or receive messages from, only one to store their complaint information.
The computerized complaint system for both staff and students should be developed, housed, maintained and monitored by an outside agency. The complaints received would be classified either as investigations of abuse and forwarded to law enforcement or as standard complaints and issued to grievance personnel to resolve.

Staff could access their own complaint computers set up in a private area within their facilities and have a printer available if they wanted to keep a copy. They should also be given the option of having a computerized personal account to keep copies of their complaints if they preferred not to have a printed copy. The format available to staff could also be in a drop down box format to make it easier and less time consuming. Complaints received would be handled in the same manner as the students- by outside people without agency affiliations.

Computers for both staff and students would serve no other function but to write complaints. No other programs, no internet capabilities or functions.

That is my opinion on how to have a complaint system that could actually work for both staff and students.

Anonymous said...

7:56 is correct, Grits this would be a real revelation if you would pursue certification of actual bonafide cases pursued versus closed without merit. they are 100-1

Anonymous said...

I'm just going to say this regarding the issue of "bogus" vs. "not bogus" complaints being reported or looked into right now. What number did you expect? Did you expect all 3,000 to be sexual abuse, assaults or some heinous crime? If you did, that is not realistic. The variance in crimes (serious vs. not) in the outside world is on that same ratio (most serious being the smallest percentage).
As soon as the media became involved in the TYC scandal and people started seeing changes happen, it is just human nature to "jump on the bandwagon". It is everyone's chance to try and have a voice. The amount of grievances happening right now is the nature of the beast. As the media coverage dies, so will the numbers of complaints. And again, I will pose the question if that 1% is not worth looking into simply because it is a small number? That one percent could uncover another rape, assault or other serious crime. Complaining about the high number of "bogus" complaints will not make them go away. Only less media coverage, some semblance of agency normalcy and time will do that.
Just my opinion.

Anonymous said...

I think we need more poetry:

Hickory Dickory Doc
TYC is all the talk
The lege demands change
The "new team" are all insane
The good employees are all going to walk

Anonymous said...

Ashes to ashes
Dust to dust
TYC needs change
In Kimbrough we have no trust

Anonymous said...

Common Whitsfoe- where's your entry?

Anonymous said...

I think Whitsfoe may not be with us anymore. I think he's the one that got outed in the Marlin comment earlier. (?)

Anonymous said...

What? I don't see anyone's name mentioned.

bubba said...

Pinpoint, I am not saying 1% is not relevant. What I have a problem with is that those outside TYC see what they read or hear in the media and portray all of us as a bunch of hillbilly abusers of children. I would also state that these same complaints would have surfaced in our system in place without a conservertor. I am sorry but I call it the way I see it, and if you don't see this as politics and justifying for some cause that the majority of us don't quite understand then explain the purpose of not telling the truth to the public/media that is currently taking place. I honestly believe we have good people in this agency who do report misdeeds and yes they are being reported. And yes West Texas was reported by TYC staff when it happened but our upper management in Austin choose to ignore it. For some reason this gets lost by the majority.

Anonymous said...

In response to your comment:
"I am sorry but I call it the way I see it, and if you don't see this as politics and justifying for some cause that the majority of us don't quite understand then explain the purpose of not telling the truth to the public/media that is currently taking place".

I never stated that Kimbrough wasn't using the numbers for a political stance. From his actions so far, that is very likely the case since every step he has taken so far has involved a headline, the legislature or a well placed media crew.
My statement was in the fact that the numbers of complaints exist- with or without Kimbrough's presence and political grandstanding with them. They are there and he will continue to use them to his benefit. But, they would be there regardless with all the media attention given to the agency right now. Take Kimbrough out of the picture and the number and type of complaints would still be there.
My point is that the complaints are not the problem. As I stated before, they are the "nature of the beast" because of what is happening within the agency and everyone wanting to have a voice right now. The complaints themselves need to happen, get looked into and resolved. Until that happens, the agency cannot move forward ensuring there is some type of clean slate.
I agree that it is unfortunate that Kimbrough is using that number and process to his advantage. Kimbrough needs to be called on his behaviors and tactics, but including the complaints themselves in the problem is just a diversion to the real issue (Kimbrough's misuse of them).
That's just my opinion. You are certainly allowed yours.

Gritsforbreakfast said...

Sorry guys, but the stats the Morning News has printed say the sustained rate on youth complaints is a lot more than 1%. Plus, since we know TYC admin was covering up scandals, there's little reason to trust a low rate.

I'd encourage y'all not to deny that problems exist. The real goal should be to admit them and find ways to fix them without destroying the agency.

bubba said...

The 1% or higher is not relevant based upon artificial stimuli (law enforcement presence on campus). And yes high complaints take place every day and this will not change. The issue I speak of is what kind of complaints, ( they give us state issued soap rather than Irish Spring, I don't like the dress code). My point is this info Jay is using is not accurate and is biased for a means to justify their existence. And once again TYC staff did turn in the wrong doing at West Texas read the Rangers report. The problem was the staff in Austin provided no over sight, last time I checked they were sent packing.

Anonymous said...

Grits- where did you see those stats? I can't find them.

Gritsforbreakfast said...

I'm afraid I don't have time to hunt it down, but in the Dallas News' early coverage in the first couple of weeks after it broke they analyzed many of the complaints that Kimbrough is now saying they'll no longer release to the media! (I'm gonna blog on that today, it's in the Houston Chronicle.)

From what I remember, staff complaints were much more likely to be sustained than student complaints, but both rates were greater than 1%. That was also an historical analysis, not calls to the new hotline.

Anonymous said...

The number of sustained complaints is at 20%.

Anonymous said...

That's about the same as before...

Anonymous said...

It may be the same % as before all of this started, but maybe this time the serious ones wont' be swept under the carpet.

Anonymous said...

Just reinforces that the idea that the problem was so much the system but those that were in charge of running and following through with it.

Just because a drunk driver crashes the car doesn't mean that it was the car had problems.

I will say that the car needs a tune up and new hands on the wheel!

Anonymous said...

sorry correction....

Just reinforces that the idea that the problem was "not" so much the system but the persons that were in charge of running and following through with it.

Just because a drunk driver crashes the car doesn't mean that it was the car had problems.

I will say that the car needs a tune up and new hands on the wheel!

5/03/2007 3:38 PM

dwts said...

Sorry, I can't figure out how to make the links work.

Equal Employment Opportunity Commission Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (1982). (2/4/87)This page was last modified on September 11, 2006.

Commission's underlying position that an employer's policy or practice of excluding individuals from employment on the basis of their conviction records has an adverse impact on Blacks(1) and Hispanics(2) in light of statistics showing that they are convicted at a rate disproportionately greater than their representation in the population. Consequently, the Commission has held and continues to hold that such a policy or practice is unlawful under Title VII in the absence of a justifying business necessity.(3)

However, the Commission has revised the previous requirements for establishing business necessity(4) in the following manner. Where a charge involves an allegation that the Respondent employer failed(5) to hire or terminated the employment of the Charging Party as a result of a conviction policy or practice that has an adverse impact on the protected class to which the Charging Party belongs, the Respondent must show that it considered these three factors to determine whether its decision was justified by business necessity:

The nature and gravity of the offense or offenses;
The time that has passed since the conviction and/or completion of the sentence; and
The nature of the job held or sought.(6)
The modification principally eliminates the need to consider an individual's employment history and efforts at rehabilitation. However, consideration is still given to the job-relatedness of a conviction, covered by the first and third factors, and to the time frame involved, covered by the second factor. Moreover, the first factor encompasses consideration of the circumstances of the offense(s) for which an individual was convicted as well as the number of offenses.

The Commission continues to hold that, where there is evidence of adverse impact, an absolute bar to employment based on the mere fact that an individual has a conviction record is unlawful under Title VII.(8) The Commission's position on this issue is supported by the weight of judicial authority.(9)

Shortcut to: http://www.eeoc.gov/foia/letters/2003/titlevii_conviction_records.html
Shortcut to: http://www.eeoc.gov/policy/docs/convict2.html
Shortcut to: http://www.eeoc.gov/policy/docs/convict1.html
Shortcut to: http://www.eeoc.gov/foia/letters/2005/titlevii_arrest_conviction_records.html

TYC Policy http://austin.tyc.state.tx.us/Cfinternet/prs/prs05/prs0503.html


dwts said...

TYC policy:
A “conviction” is defined as an adjudication of guilt or an order of deferred adjudication, whether or not the imposition of the sentence is subsequently probated and the person discharged from community supervision.

Texas Code of Criminal Procedure
Art 42.12 (c) On expiration of a community supervision period imposed
under Subsection (a) of this section, if the judge has not proceeded
to adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge may dismiss the
proceedings and discharge a defendant, other than a defendant
charged with an offense requiring the defendant to register as a sex
offender under Chapter 62, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, prior to the expiration of the
term of community supervision if in the judge's opinion the best
interest of society and the defendant will be served.
Except as provided by Section 12.42(g), Penal Code,
a dismissal and discharge under this section may not be deemed a
conviction for the purposes of disqualifications or disabilities
imposed by law for conviction of an offense.

dwts said...

Texas Government Code § 411.1405. ACCESS TO CRIMINAL HISTORY RECORD
EMPLOYEES. (e) A state agency may not obtain criminal history record
information under this section unless the state agency first adopts policies and procedures that provide that evidence of a criminal conviction or other relevant information obtained from the criminal history record information does not automatically disqualify an individual from employment. The policies and procedures adopted under this
subsection must provide that the hiring official will determine, on
a case-by-case basis, whether the individual is qualified for
employment based on factors that include:
(1) the specific duties of the position;
(2) the number of offenses committed by the
(3) the nature and seriousness of each offense;
(4) the length of time between the offense and the
employment decision;
(5) the efforts by the individual at rehabilitation;
(6) the accuracy of the information on the
individual's employment application.

Anonymous said...

OH GIDDY UP! I hope every one of the people who have been notified they are going to be fired for the felonies or misdemeanors has a lawyer ready! You are going to win! YEEEEHHAAAAAAWWWW!!! Sue their asses off! Don't forget to go an apply for unemployment until the lawsuit is settled- you can win your Workforce case and get unemployment by showing them the law and proving illegal termination! DOUBLE BUCKAROOS FOR YOU!! AHAHAHAAHAHAHAHAHAHHAHA!!!

Anonymous said...

Sec. 411.1405 does not apply to TYC's criminal history requests.

The part of the Section quoted in the earlier post limits its provisions to criminal history record information obtained "under this section."

Sec. 411.1405(f) says "A criminal history record information provision in another law that is more specific to a state agency, including Section 411.089, prevails over this section to the extent of any conflict."

Sec. 411.1141 authorizes TYC to obtain criminal history record information, and does not have the "first adopts policies and procedures" requirement of 1405.

Anonymous said...

Uhhhh... what does that mean in English?

dwts said...

to anon at 9:35 am - ok - that's true "to the extent of any conflict" -- more importantly, it only applies to IT people. it's just interesting that the provision is in the law for some positions, isn't it?

to 11:30 - it means the section about having to have rules about how the information can be used doesn't necessarily apply to TYC. What applies to TYC is Gov't Code § 411.1141. ACCESS TO CRIMINAL HISTORY RECORD
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who is:
(1) an applicant for a position with the Texas Youth
(2) a volunteer or an intern, or an applicant
volunteer or intern, with the Texas Youth Commission;
(3) a business entity or person who contracts with the
Texas Youth Commission to provide direct delivery services to
(4) an employee of, or an applicant for employment
with, a business entity or person who contracts with the Texas Youth
Commission to provide direct delivery of services to youth; or
(5) a volunteer or an intern, or an applicant volunteer or intern, with a business entity or person who contracts with the Texas Youth Commission to provide direct delivery of services to youth.

Anonymous said...

You can find the DMN graphic that Grits references here:


Since I knew the link was going to get cut off, I broke it up. Hope it doesn't confuse anyone.

Anonymous said...

The lies and maliciousness provided by Parker and Mikulastik will not remain covered forever.