SHERIFF JACKSON'S LETTER TO TRINITY SERVICES GROUP
(August 3, 2009 - Atlanta, Georgia)
John Varnado, President
Trinity Services Group, Inc.
Dear Mr. Varnado:
Thank you for your letter of July 28, 2009 expressing your willingness to resolve the billing discrepancies relative to the food service contract between the Fulton County Sheriff’s Office and Trinity Services Group.
As crystallized from a thorough review and dissecting of terms of the aforementioned service contract, Mr. Jimmy Butts, Financial Management Director for this agency, presented findings and recommendations that I feel adequately represent an amicable proposal for settlement of the issue at hand.
Admittedly, through December 31, 2008, many entities share responsibility for shortcomings in responding to the terms of this contract, however, prudent business practices, a desire for clarity and transparency and the presentation of facts as evidenced by acceptable accounting principles, is of utmost interest to today’s Sheriff’s administration.
Given these shortcomings and in the best interest of the Fulton Countytaxpayer, in order to determine amounts owed, we utilized the requirements of the U.S. District Court findings of the Frederick Harper v. Fulton County (Case 1:04-cv-01416-MHS) as ordered in December, 2005, which called for a daily population maximum of 2250 inmates at the Fulton County Jail. Added to this figure, were appropriate totals for meals served to FCSO employees and court officers. Adhering to these numbers, a weekly cost of $72,989 was our established barometer by which our obligation was measured.
Specifically, your proposal offered to present invoice numbers, dates and totals of #21372 (5/20/2009; $78,723.29); #21399 (5/27/2009; $78,863.06); #21503 (6/3/2009; $76,104.60) and #21500 (6/10/2009; $76,347.27), totaling $310, 038.22, as total outstanding payments. However, pursuant to our meeting of July 27, 2009 and your re-assessment of the invoices presented, it was your determination and our concurrence that $291,956.00 more accurately reflected the amount due to you for these invoices. A review of the billing period from May 14, 2008 through June 3, 2009, also determined that overcharges totaling $851, 693.98 were assessed Fulton County. As a result of your re-calculation of the amount owed for this period, the outstanding balance was re-presented as $407,772.00 due from Fulton County, thus creating an amenable beginning figure for calculations October 29, 2008 forward.
Effective with the October 29, 2008 invoice and applying weekly maximum inmate population totals allowable in the Harper Case, the $407,772.00 balance was further reduced to $287,311 and designated as the outstanding balance upon which to base all calculations in determining amounts due to date. Accordingly, payment of $579,267.00 (287,311.00 + 291,956.00) is the mutually agreed upon balance that brings our account current effective July 1, 2009. Please expect payment under separate cover.
Your signature in acceptance of this Addendum, confirms agreement with the contents of this correspondence and your commitment and willingness to continue in association with the Fulton County Sheriff’s Office as we endeavor to meet our constituency’s expectations, with integrity and discipline.
Sincerely,
Sheriff Theodore Jackson
SHERIFF JACKSON URGES PENSION BOARD TO RECONSIDER POLICY
(July 15, 2009 - Atlanta, Georgia) An outdated policy is forcing the resignations of several Fulton County Sheriff’s Office employees who retired from the agency, draw a pension, and were called back to duty in part time and/or temporary positions. These employees have a wealth of experience and are providing vital services to the public. In a letter to the chairman of the Fulton County Employees Retirement System Board, Sheriff Ted Jackson provides a comprehensive financial analysis as to why the new enforcement of this policy will cost taxpayers millions of dollars and affect the agency’s ability to meet its Constitutional mandates. Here is the text of the letter:
Mr. James W. Stephens, Chairman
Fulton County Employees Retirement System Board
141 Pryor Street
Atlanta, Georgia 30303
Dear Mr. Stephens:
Recently, much attention has been focused on the Fulton County Sheriff’s Offices employment of former, now retired employees into temporary positions. Absent from these reports, is the application of the guidelines which govern the employment of these individuals, the enhancement to the courthouse security efforts their presence provides and most importantly, the savings to the taxpayer that are generated as a result of their employment. In addition, their vast knowledge, experience, skills and abilities which go unmatched among immediately available applicants, is omitted from these ‘news stories’.
I ask that you consider the attached cost analysis and corresponding quality of experience against the temporary and full time salary savings which is the foundation of this discussion which should be of particular interest to the taxpayer and in alignment with your responsibility as you preserve the integrity of county resources.
Over the last 6 months, the Sheriff’s Office has made tremendous progress in restoring confidence to the taxpayer, improving professionalism, image and performance. The targeted employees at issue are a vital part of this improvement and represent less than 2% of the total Sheriff’s Offices population. However, at the present time, they cannot be replaced and their removal would literally be destructive to courthouse security and the Federal Consent Decree – thus creating a serious public safety issue.
The levels of experience range from 15 years to 30 years – for a total of 389 years of experience deployed in critical positions addressing courthouse security and the requirements of the Federal Consent Decree. The quality of employee is exceptional and exceeds the temporary salaries that they receive. All positions are critical for the Sheriff’s Office and involve courthouse security and the Consent Decree. The level of experience and expertise provides for a safe and visually secure courthouse. The personnel assigned to the Courthouse were on duty prior to January 1, 2009 and were assigned, in part, as a result of the worst courthouse tragedy in the nation. With the exception of one re-hire -possessing 30 years of experience with this agency-, the salaries of the targeted employees range from $11.19/hour to $17.57/hour – much less than these employees’ experience is worth. They are part-time and are paid for the hours actually worked. These part-time employees allow taxpayers a yearly savings of $366,709.14 and $1,466,836.56 over four years, as no ancillary benefits are associated with their employment. The savings of $727,994.80/year and $2,911,779.92 over my four year term is significant. Additionally, savings to the future pension payoff, while subjective- is enormous.
Most importantly, with the employment of the Chief Jailer and a Classification Major at the Fulton County Jail, a number of the non-compliances issues raised with the Federal Consent Decree have been resolved. Through the performance of these two hires, we are approaching full compliance with the court order.
Finally, I would suggest that the Pension Board consider recommending to the full Board of Commissioners, a modification of the Fulton County Code to remove the six-month restriction (Sec.154-140. Re-employment of participant (c) Re-employment) with appropriate restrictions. This would ensure that the County’s positive relationship with the Federal Court continues and safety and security in the Courthouse will be maintained.
Thank you for your time and consideration regarding this issue. I am available as needed for any questions that you may have.
Sincerely,
Theodore Jackson, Sheriff
