July 13, 2014

Formal Complaint

by Ronald W. Clark, Jr (author's profile)

Transcription

FORMAL COMPLAINT

To: The Office of the Governor, Senator Arthenia L. Joyner, Represntative Michelle Rehwinkel-Vasilinda, Secretary Michael D. Crews, FDOC General Counsel, Jennifer Parker.

From: Ronald Wayne Clark Jr. #812974
Union Correctional Institution P-6118
7819 N.W. 228th Street
Raiford, Florida 32026-4460

Date: June 25, 2014

Subject: Non-compliance of 944.31 Inspector General; inspectors, powers and duties.

The Florida Department of Corrections (FDOC), has two designated watch dogs that are put here to protect the constitutional and human rights of the inmates housed in the FDOC, one being the American Correctional Association(ACA), the second s Florida stature 944.31 Inspector General; inspectors; powers and duties, which is beautifully written and constructed statute, that would benefit the lives, health and safety of inmates if it was complied with.

One of the most noticeable problems with this statute is they fill the positions of institutional inspectors with former correctional officers who are familiar with the administration and staff that they are now appointed to police. Most of these newly appointed institutional inspectors have been on the other side of the criminal activity, from assaulting inmates, illegal use of chemical agencies, falsifying disciplinary reports or other state documents so they may be called on to investigate staff, who they, as a correctional officer, worked side by side with and potentially created these same violations, with or around.

The Inspector Generals themselves are usually recruited from the FDOC rank and file so they are former wardens, regional directors, etc. who are tied into the "good ol boy network". Now they are assigned to conduct or appoint staff to conduct internal investigations on administrations for which they have ties and connections to. Thus lies the main problem with having 944.31 F. S. complied with.

Over to our right is lines 6-20 of 944.31

(Inserted text, all words underlined)

The office of the inspector general shall inspect each correctional institution or any place in which state prisoners are housed, worked, or kept within the state, with reference to its physical conditions, cleanliness, sanitation, safety, and comfort: the quality and supply of all bedding; the quality, quantity, and diversity of food served in the manner in which it is served; the number and condition of the prisoners of each institution. The office of inspector general shall see that all the rules and regulations issued by the department are strictly observed and followed by all persons connected with the correctional systems of the state.

(End of inserted text)

As you can see, it s well written to ensure cleanliness, sanitation, safety food inspection, but most of all, they must see that all rules and regulations issued by the department are strictly observed and followed by all persons connected with the correctional system of the state.

This beautifully written section is not complied with. I've never in 23 years had an institutional inspector inspect my bedding, or come down with the food carts and inspect the quality and quantity of food we are served. In fact, right now we have mold and mildew on the bottom of the food trays, for which I filed informal grievance #6-14-137 and formal grievance #1406=213-179. Appeal filed on 6-23-14 and a formal complaint filed on June 19, 2014, all to no avail.

In May of 2014, I was assaulted by correctional officers twice that month, because of my grievance and writings on my blog. The institutional inspector was P-dorm's former property room sgt. in 2009, under the same administration that he was now investigating, for assault, an acts of reprisal. he investigation went nowhere. It was swept under the rug, with over a half dozen to a dozen assaults that took place here in P-dorm in the summer of 2012, because we had the police policing themselves with institutional inspectors who were covering the abuse and rule violations up.

Our other watchdog, the ACA, is a waste of tax dollars. Taxpayers are shelling out millions of dollars a year to have institution ACA accredited, which is supposed to ensure that the institutions are abiding by constitutional standards. Yet its a sham, with "preplanned ACA inspections". The prison administration, therefore cleans up and creates a false façade, painting over mildewed walls and seeing that the food is properly prepared and presented in a suitable manner, during the ACA inspection. The day after, everything returns to normal. This AC accreditation is a sham and a waste of tax dollars!

The Legislature and other individuals of authority are under the misconception of constitutional compliance due to 944.31 FS and the ACA which as I've shown you here is a "false façade".

We need the Florida Legislature to fix tis, to change the way that Inspector
Generals are put into office, and the way institutional inspectors are hired, ensuring they have no ties to the FDOC making them an outside, independent, investigative source. For this is the only way to ensure that 944.31 FS operates successfully.

Furthermore, all ACA standards should be mandatory and all ACA inspections should be surprise inspections, otherwise ACA accreditation is a false façade and a waste of government funds.

I hope this formal complaint will bring about the much needed changes to 944.31 FS an the ACA give the inmates in the FDOC a true watch dog that protects our constitutional and human rights.

Respectfully submitted,

Ronald W Clark Jr

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