DOCSLIB.ORG

Decision and Dismissal of Complaint

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Decision and Dismissal of Complaint STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS IN THE MATTER OF STATE OF CONNECTICUT DEPARTMENT OF CORRECTION DECISION NO. 5067 -AND- APRIL 26, 2019 LOCALS 387, 391 & 1565 OF NP-4 UNIT OF COUNCIL 4, AFSCME, AFL-CIO Case No. SPP-32,504 A P P E A R A N C E S: Attorney Adam Garelick for the State Attorney J. William Gagne, Jr. for the Union DECISION AND DISMISSAL OF COMPLAINT On November 17, 2016, the NP-4 unit of Council 4, AFSCME, AFL- CIO (the Union) filed a complaint with the Connecticut State Board of Labor Relations (the Labor Board) alleging that the State of Connecticut Department of Correction (the State) had violated the State Employee Relations Act (SERA or the Act) by making unilateral changes to established practices governing training-related overtime for correction officers. After the requisite preliminary steps had been taken, the parties came before the Labor Board for a hearing on July 11, 2018 and September 26, 2018. Both parties were represented, afforded a full opportunity to adduce evidence, examine and cross-examine witnesses and make argument. Both parties filed briefs which were received on December 4, 2018. On the basis of the entire record before us, we make the following findings of fact and conclusions of law and we dismiss the complaint. FINDINGS OF FACT 1. The State is an employer within the meaning of the Act. 2. The Union is an employee organization within the meaning of the Act and at all relevant times has represented a unit (NP-4) comprised of certain employees of the Department of Correction (DOC), including employees in the job classification of correction officer. 3. At all times relevant hereto, the State and the Union have been parties to a series of collective bargaining agreements covering the NP-4 Unit. The latest such collective bargaining agreement, effective July 1, 2011 through June 30, 2016, states, in relevant part: ARTICLE 8 TRAINING Section 1. Relevant Training. The Employer recognizes the need to provide relevant … on-the-job training. … Section 4. Scheduling Training. Training will be scheduled during normal working hours when, in management’s judgment, it is practical to do so. Training required by the State in addition to regular duty time shall be considered time worked for overtime purposes, except as provided otherwise... … ARTICLE 12 GRIEVANCE PROCEDURE Section 1. Definition of Grievance. A grievance is defined as, and limited to, a written complaint involving an alleged violation or dispute involving the application or interpretation of a specific provision of this Agreement. … ARTICLE 14 HOURS OF WORK AND WORK SCHEDULES Section 1. Work Week. … All employees shall be scheduled to work a regular shift as determined by the appointing authority… Section 2. Continuous Operations. Employees in continuous operations as defined below will have a regularly scheduled work week… … Correction Officer … Section 3. Changes in Schedules. Insofar as possible, changes in work schedules will be made with a minimum of two (2) weeks’ notice to the employee affected by a work schedule change, except when changes are 2 necessary due to emergency situations, in accordance with present practice. … ARTICLE 15 OVERTIME … Section 2. Voluntary Overtime Distribution. All employees wanting to work voluntary overtime will sign a quarterly overtime list. Overtime will be distributed in accordance with either section A. or B. below. … B. “Sign-up Book” System. The sign-up book will contain pages representing each day of each month, separated into three sections representing each shift worked by employees in continuous operations… … 2) Quarterly List. Only employees who have signed the quarterly overtime list will be allowed to place their names in the sign-up book during that quarter. 3) Supervisor to Use Book. When a supervisor needs to fill a vacancy with overtime, he/she will refer to the sign-up book and call the staff member with the least number of overtime hours for that quarter who has signed the book for that day and shift. … 5) Exhaustion of List. When the daily sign-up has been exhausted the quarterly overtime list shall be utilized, beginning with the employee with the least number of hours. Once the quarterly overtime list has been exhausted the employer shall first seek volunteers prior to employees being involuntarily held over. … Section 9. Overtime Holdover. An employee is held over if he/she is drafted and assumes a post on the shift subsequent to his/her own shift … When a designated work unit requires overtime holdover (i.e., draft) it shall be accomplished by inverse class seniority utilizing staff on duty from the previous shift including those staff currently on a single overtime shift on their day off… … ARTICLE 17 COMPENSATION … Section 6. Night Shift Differential. All employees who are in this bargaining unit and who are eligible to receive shift differential in accordance with current practice and whose assigned work shift begins any time after 2:00 p.m. and before 6:00 a.m. shall receive a night differential of … ninety (90) cents per hour… 3 (Ex. 5). 4. At all times relevant hereto, the DOC has operated at least 15 correctional facilities1 in Connecticut that maintain three work shifts per day, seven days per week. Correction officers assigned to those facilities are considered to be in “continuous operation” within the meaning of Article 14 of the collective bargaining agreement and typically work 5-days on, 3-days off (5/3 schedule). Staff working in assignments which are not in continuous operation typically work Monday through Friday (5/2 schedule) on the first shift. (Exs. 5, 10). 5. At all times relevant hereto, DOC has provided department-wide in-service training (IST) as well as more limited facility-specific training to its employees, including NP-4 bargaining unit members. 6. Prior to 1999, DOC has offered IST on the first shift or the first and second shifts and allowed employees working other shifts the option of working their regular hours on overtime in addition to attending off-shift training. 7. On July 15, 1999, the Union filed a grievance (No. 08-7134) alleging that permitting employees to work their own shift on overtime violated Article 8, Section 4 of the contract. That grievance was sustained on February 10, 1999. (Exs. 20, 21). 8. In or about 2000, and in response to grievance No. 08-7134, DOC no longer allowed employees scheduled for off-shift training to work their regular shifts on overtime. Rather, DOC provided IST on the first and second shifts and assigned employees who regularly worked those shifts to training in lieu of other work assignments. Employees who worked on the third shift were temporarily reassigned to first or second shift2 to attend training. 9. Since at least 2004, DOC has scheduled IST on the first shift and temporarily transferred employees working second and third shifts to the first shift to attend training. Receipt of overtime by employees attending training and working adjacent shifts, however, varies depending on the facility and the circumstances. For example: Correction officer Hoai Le (Le) was temporarily transferred from his regular third shift assignment at the Hartford Correctional Center to first shift to attend IST training on January 15, 2015. On January 15, 2015, Le voluntarily worked his regular third shift assignment and then attended IST training from 8:00 a.m. to 1 Bridgeport Correctional Center; Brooklyn Correctional Institution; Cheshire Correctional Institution; Corrigan-Radgowski Correctional Center; Enfield Correctional Institution; Garner Correctional Institution; Hartford Correctional Center; MacDougall-Walker Correction Institution; Manson Youth Institution; New Haven Correctional Center; Northern Correctional Institution; Osborn Correctional Institution; Robinson Correctional Institution; Willard-Cybulski Correctional Institution; and York Correctional Institution. (Exs. 10-11). 2 In September 1999, the Union filed a grievance (No. 08-7502) and a prohibited practice complaint (SPP- 21,191) on behalf of members at the Manson Youth Institution contesting the State’s decision to prohibit third shift staff from working their regular shift on overtime on training days. The State prevailed in the resulting arbitration and prohibited practice proceedings. (Exs. 8, 18, 19). 4 4:00 p.m. DOC paid Le at his regular rate for working third shift and overtime for attending IST training. (Ex. 9). Correction officer Susan Watson (Watson) was temporarily transferred from her regular third shift assignment at York Correctional Institution to first shift to attend IST training on November 1, 2016. On November 1, 2016, Watson voluntarily worked her regular third shift assignment and then attended IST training from 8:00 a.m. to 4:00 p.m. DOC paid Watson at her regular rate for working third shift and overtime for attending IST training. (Ex. 13). On November 28, 2016, correction officers Angel Irizarry (Irizarry) and Anthony Jusseaume (Jusseaume) attended IST training during their regular first shift assignments at the Corrigan-Radgowski Correctional Center and were paid at their regular rate. Correction officer Friedel Zegarzewski attended the same training on what was otherwise his regular scheduled day off and was paid overtime. (Ex. 12). Correction officer Richard Wauthier was temporarily reassigned from his regular second shift assignment at Cheshire Correctional Institution to attend firearms training on July 2, 2018. Wauthier attended the training and was then held over to work part of the second shift. DOC paid at his regular rate for attending the training and overtime for working part of the second shift. (Ex. 14). 9. Between January 1, 2016 and January 1, 2018, York Correctional Institution paid 66.5% of its total staff training hours in overtime while at Corrigan-Radgowski Correctional Center, Hartford Correctional Center, and Cheshire Correctional Institution, respectively, paid 59.4%, 45.8%, and 27.81% of their total staff training hours in overtime.
Load more

Recommended publications
  • View Reentry Strategy Document
    CT Reentry Collaborative Rob Hebert, Bridgeport Sue Gunderman, Hartford Dana Smith, New Britain Char Dornne Bussue, New Britain Earl Bloodworth, New Haven Donald Robinson, New Haven Kia Baird, Southeastern CT John Duca, Southeastern CT Jeremy Kosbob, Stamford Beth Hines, Waterbury Brittany Caruso, Windham Institute for Municipal and Regional Policy Andrew Clark Director Renee LaMark Muir Senior Research and Policy Analyst Mary Janicki Senior Research and Policy Analyst John Noonan Senior Budget and Policy Analyst Daryl McGraw Research and Policy Analyst The CT Reentry Collaborative would like to extend thanks to the Office of Policy and Management’s Criminal Justice Policy and Planning Division for its assistance in both convening the meetings of the Reentry Strategy Workgroup and in the development of this document. We would also like to thank The Tow Foundation for generously supporting the production of this report. www.ctreentry.org www.ccsu.edu/imrp June 28, 2018 Under Secretary Mike Lawlor Criminal Justice Policy and Planning Division Office of Policy and Management 450 Capitol Avenue, MS#52CJP Hartford, CT 06106-1379 Dear Undersecretary Lawlor, The leaders of the CT Reentry Collaborative would like to thank you for all the work that has been done around criminal justice reform and reentry under Governor Malloy’s administration. We feel there have been many positive changes impacting thousands of individuals who have returned home or been diverted from incarceration. Connecticut is leading the way when it comes to these reforms. With that being said, the CT Reentry Collaborative, a stakeholder in this process, is concerned about the continuity of this progress with the introduction of new executive branch administration that may be wholly unfamiliar with the current strategic objectives and strategies for reform.
    [Show full text]
  • STATE of CONNECTICUT DEPARTMENT of INFORMATION TECHNOLOGY ( AMENDMENT # 1 RFP # 10ITZ0119 Inmate Telephone Service
    STATE OF CONNECTICUT DEPARTMENT OF INFORMATION TECHNOLOGY (http://www.ct.gov/doit) AMENDMENT # 1 RFP # 10ITZ0119 Inmate Telephone Service AMENDMENT # 1 provides the following: 1. Extension of Due Date: February 8, 2011 Note: A signature line has been included below. A copy of this page signed in ink is required with the Proposal to show that vendors have received this Amendment. ____________________________________________ VENDOR’S SIGNATURE ACKNOWLEDGING RECEIPT (This page should be signed and returned WITH PROPOSAL. If vendor fails to submit signed Amendment, vendor will still be responsible for adhering to its content) APPROVED:___________________________________ JACQUELINE SHIRLEY DIRECTOR, IT CONTRACTS AND PURCHASING CONTRACTS AND PURCHASING DIVISION Date of Amendment: December 20, 2010 STATE OF CONNECTICUT DEPARTMENT OF INFORMATION TECHNOLOGY (http://www.ct.gov/doit) AMENDMENT # 2 RFP # 10ITZ0119 Inmate Telephone Service AMENDMENT # 2 provides the following: 1. Add the Questions and Answers 2. Add Revised Attachment 16 3. Add Provider Commission Rate (12 Months) Note: A signature line has been included below. A copy of this page signed in ink is required with the Proposal to show that vendors have received this Amendment. ____________________________________________ VENDOR’S SIGNATURE ACKNOWLEDGING RECEIPT (This page should be signed and returned WITH PROPOSAL. If vendor fails to submit signed Amendment, vendor will still be responsible for adhering to its content) APPROVED:___________________________________ JACQUELINE SHIRLEY DIRECTOR, IT CONTRACTS AND PURCHASING CONTRACTS AND PURCHASING DIVISION Date of Amendment: January 13, 2011 RFP #10ITZ0119 AMENDMENT #2 VENDOR QUESTIONS AND ANSWERS 1Q: On page 34 “Commission Rate” is based on “commissionable revenue” which, by definition, does not include bad debt, “…amounts billed but not paid”.
    [Show full text]
  • House of Representatives
    House of Representatives General Assembly File No. 85 January Session, 2001 House Bill No. 6834 House of Representatives, March 29, 2001 The Committee on Judiciary reported through REP. LAWLOR of the 99th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass. AN ACT CONCERNING THE COMPOSITION OF THE DEPARTMENT OF CORRECTION. Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 Section 1. Subsection (w) of section 1-1 of the general statutes is 2 repealed and the following is substituted in lieu thereof: 3 [(w) "Correctional institutions" means the Connecticut Correctional 4 Institution, Somers; the Connecticut Correctional Institution, Enfield- 5 Medium; the Carl Robinson Correctional Institution, Enfield; the 6 Connecticut Correctional Institution, Niantic; the John R. Manson 7 Youth Institution, Cheshire; the Connecticut Correctional Center, 8 Cheshire; the Northeast Correctional Center, Mansfield; the 9 Community Correctional Centers at Bridgeport, Brooklyn, Haddam, 10 Hartford, Litchfield, New Haven and Montville; the Eddy/DWI 11 Correctional Unit, Middletown; the Hartell/DWI Correctional Unit, 12 Windsor Locks; the J.B. Gates Correctional Unit, Niantic; the Jennings 13 Road Detention Center, Hartford; the Morgan Street Detention Center, HB6834 / File No. 85 1 HB6834 File No. 85 14 Hartford; the Union Avenue Detention Center, New Haven; the 15 Western Substance Abuse Treatment Unit, Newtown. Wherever in the 16 general statutes, the words "State Prison", appear,
    [Show full text]
  • Connecticut Superior Court Judicial District of Hartford Connecticut
    Connecticut Superior Court Judicial District of Hartford Connecticut Criminal Defense Lawyers Association, Willie Breyette, Daniel Rodriguez, Anthony Johnson, and No. HHD-CV20-________-S Marvin Jones, Plaintiffs April 3, 2020 v. Ned Lamont and Rollin Cook, Defendants. Motion for Temporary Order of Mandamus Both within penal institutions and without, “Connecticut has a policy of preserving life.” Commissioner of Correction v. Coleman, 303 Conn. 800, 819 (2012). As of today, there are 11,821 sentenced and unsentenced people in Connecticut prisons. To preserve lives in the face of the COVID-19 pandemic, Governor Ned Lamont and Commissioner of Correction Rollin Cook must fulfill their statutory and constitutional duties to protect those in their custody, and provide adequate sanitation and medical treatment for them. In part, the prdoper execution of their duties requires them to immediately reduce the number of people in their custody—the only mechanism infectious disease and correctional experts say will prevent a public health crisis of unimaginable proportion. Defendants are obligated to act by both state statute and the U.S. Constitution, but have thus far failed to uphold their legal duties. Accordingly, Plaintiffs have asked this Court to use its mandamus power to direct Defendants to fulfill their legal 1 obligations, and to craft—with expert assistance—an urgent, medically sound “de- densification” strategy to prevent immediate and massive harm and loss of life to Connecticut’s incarcerated population, and by extension, to the rest of the state. It is simply too much to ask DOC, an agency that is already tremendously overburdened and under-resourced, to contain a pandemic within its walls.
    [Show full text]
  • R R a a 2013 Connecticut Department of Correction
    Connecticut Department of Correction 2013 A R N E N P U O A R 2013 L T Annual Report I Mission Statement The Department of Correction shall protect the public, protect staff, and provide safe, secure and humane supervision of offenders with opportunities that support restitution, rehabilitation, and successful community reintegration. II T ABLE OF CON T EN T S IV Letter from Governor Dannel P. Malloy V Letter from Commissioner James E. Dzurenda VI Introduction VII DOC Map 1-2 DOC At a Glance 3 - 6 Accomplishments and Achievements 7 - 28 Operations Division 29 - 35 Administration Division 36 - 37 Parole and Community Services Division 38 - 39 Security Division 40 - 44 External Affairs Division 45 - 47 Health Services Division 48 Affirmative Action Unit / PREA Unit 49 Best Practices Unit / Legal Affairs Unit 50 - 56 Retirements 57 Future Initiatives 58 In Memoriam Connecticut Department of Correction 24 Wolcott Hill Road • Wethersfield, CT 06109 www.ct.gov/doc III July 1, 2013 It is my distinct pleasure to recognize the many achievements of the Connecticut Department of Correction. Though there can be little doubt that the Department fulfills a vital role within our criminal justice system, it must also be said that the mission of public safety is a shared responsibility. No one agency or organization can stand alone in successfully accomplishing this challenging endeavor. Working with other state agencies and community stakeholders, the Department of Correction continues, through an array of evidence-based programs, to affect the successful reintegration of offenders into law-abiding society. Additionally, during the past fiscal year, the Department of Correction continued to operate more efficiently, while still maintaining the highest level of public safety and security.
    [Show full text]
  • The Department of Correction
    I Mission Statement The Department of Correction shall protect the public, protect staff, and provide safe, secure and humane supervision of offenders with opportunities that support restitution, rehabilitation, and successful community reintegration. II T ABLE OF CON T EN T S IV Letter from Governor Dannel P. Malloy V Letter from Commissioner Leo C. Arnone VI Introduction VII DOC Map 1-2 DOC At a Glance 3 - 8 Accomplishments and Achievements 9 - 32 Operations Division 33 - 42 Administration Division 42 Health Services Division 43 - 44 Security Division 45 - 48 Parole and Community Services Division 49 - 53 External Affairs Division 53 Affirmative Action Unit 54 Best Practices Unit/Legal Affairs Unit 63 Retirements 64 Future Initiatives Connecticut Department of Correction 24 Wolcott Hill Road • Wethersfield, CT 06109 www.ct.gov/doc III July 1, 2012 Annually, this report gives my office the opportunity to formally recognize the previous year’s accomplishments by the employees of the Connecticut Department of Correction. Every day, corrections employees meet new and demanding challenges with professionalism, leadership and courage. I thank them for their dedication in supporting the agency’s mission of protecting the public and fighting crime by reducing recidivism. Unlike other public safety professionals in our communities, these employees faithfully carry out the mission of public safety out of the public eye behind prison walls, without weapons - armed only with interpersonal skills and a deep commitment to keeping the citizens of our great state safe. Preserving and enhancing public safety remains a fundamental obligation of my administration, especially during these challenging economic times. Even with reduced resources and staffing levels, the agency, under the leadership of Commissioner Leo C.
    [Show full text]
  • TITLE IX Coordinators
    TITLE IX Coordinators * This is the District Title IX Coordinator who oversees all Title IX compliance for the school district. Unified School District #1 Unified School Districts Matthew Reinke, Principal Bridgeport Correctional Center 1106 North Avenue Bridgeport, CT 06490 Telephone: 203-579-6131 (ext-415) Fax: Email:[email protected] Date Last Verified - 9/30/2019 Maria Barbagallo, School Administrator Brooklyn Correctional Institution 59 Hartford Road Brooklyn, CT 06234 Telephone: 860-779-4545 Fax: Email:[email protected] Date Last Verified - 9/30/2019 Heather Verdi, School Administrator Cheshire Correctional Institution 900 Highland Avenue Cheshire, CT 06410 Telephone: 203-651-6246 Fax: Email:[email protected] Date Last Verified - 9/30/2019 Matthew Reinke, Principal Hartford Correctional Center 177 Weston Street Hartford, CT 06120 Telephone: 860-240-1833 Fax: Email:[email protected] Date Last Verified - 9/30/2019 Matthew Reinke, Principal New Haven Correctional Center 245 Whalley Avenue New Haven, CT 06510 Telephone: 203-974-4156 Fax: Email:[email protected] Date Last Verified - 9/30/2019 Veron Beaulieu, Principal Manson Youth Institution 42 Jarvis Street Cheshire, CT 06410 Telephone: 860-806-2572 Fax: Email:[email protected] TITLE IX Coordinators * This is the District Title IX Coordinator who oversees all Title IX compliance for the school district. Date Last Verified - 9/30/2019 Latesha Jones, School Administrator Osborn Correctional Institution 100 Bilton Road Somers, CT 06071 Telephone: 860-814-4778
    [Show full text]
  • 2009 Annual Report
    2009 CONNECTICUT DEPARTMENT OF CORRECTION ANNUAL EPOADVANCINGRT THE VISION R MISSION STATEMENT The Department of Correction shall protect the public, protect staff, and provide safe, secure and humane supervision of offenders with opportunities that support successful community reintegration. T ABLE OF CONTENTS V Letter from Governor Rell V Letter from Commissioner Murphy V ntroduction V DOC Map 1 At a Glance 2 State Budget / DOC Budget 3 - 7 Accomplishments and Achievements 8 nmate Daily Expenditures 8 - 22 Operations Division 23 - 30 Administration Division 29 & 30 Cost Saving Measures mplemented 31 - 37 Programs and Treatment Division 38 - 40 Security Division 41 - 43 Parole and Community Services Division 44 - 48 External Affairs Division 49 Affirmative Action Unit / Legal Affairs Unit 50 - 54 Retirements 55 Future nitiatives 56 Memoriam Connecticut Department of Correction 24 Wolcott Hill Road • Wethersfield, CT 06109 www.ct.gov/doc M. Jodi Rell Governor July 1, 2009 am pleased to be able to recognize the commitment of the Connecticut Department of Correction in carrying out its mission of protecting the citizens of our great state. Because their work is carried out behind walls and fences, we seldom have the opportunity to appreciate all that the state’s 7,000 correctional professionals do on our behalf on a daily basis. Their duties are difficult, challenging and often dangerous. Yet they have a track record of ensuring the state’s 18 correctional facilities are safe, secure and orderly. More members of this agency than any other accepted the retirement incentive that was offered this year. These included the commissioner, both deputy commissioners and a number of other high ranking members of the administration.
    [Show full text]
  • Correctional Managed Health Care Policy and Procedures for Use Within the Connecticut Department of Correction
    UCONN HEALTH CORRECTIONAL MANAGED HEALTH CARE POLICY AND PROCEDURES FOR USE WITHIN THE CONNECTICUT DEPARTMENT OF CORRECTION NUMBER: E 1.01 Page 1 of 2 INFORMATION ON HEALTH SERVICES Effective Date: 04/01/01 POLICY: UConn Health, Correctional Managed Health Care ( CMHC ) shall ensure that newly admitted inmates to Connecticut Department of Correction (CDOC ) facilities are advised of the health services available to them. PROCEDURE: The CMHC Health Service Administrator ( HSA ) shall be responsible for the development of procedures assuring that all inmates receive written and verbal instruction, both in English and Spanish, which describe the health services available and the procedures for gaining access to them. This written and verbal instruction shall include, but is not limited to, emergency health care, sick call, access to medication, dental and mental health services, HIV testing and related health care. This information shall be posted in health services units and all living areas of each CDOC facility. Information on health services shall be given to the inmate at the time of the intake health assessment and within 24 hours of arrival at a new CDOC facility. Special procedures shall be used to ensure that inmates who have difficulty communicating (e.g., those who are developmentally disabled, illiterate, mentally ill or deaf) have access to health services or understand how to access health services. Information on health services shall also be available at each CDOC facility in the Inmate Facility Handbook. NUMBER: E 1.01 Page 2 of 2 INFORMATION ON HEALTH SERVICES REFERENCES: Administrative Directive 8.1, Scope of Health Services Care.
    [Show full text]
  • Motion for Temporary Order of Mandamus
    Connecticut Superior Court Judicial District of Hartford Connecticut Criminal Defense Lawyers Association, Willie Breyette, Daniel Rodriguez, Anthony Johnson, and No. HHD-CV20-________-S Marvin Jones, Plaintiffs April 3, 2020 v. Ned Lamont and Rollin Cook, Defendants. Motion for Temporary Order of Mandamus Both within penal institutions and without, “Connecticut has a policy of preserving life.” Commissioner of Correction v. Coleman, 303 Conn. 800, 819 (2012). As of today, there are 11,821 sentenced and unsentenced people in Connecticut prisons. To preserve lives in the face of the COVID-19 pandemic, Governor Ned Lamont and Commissioner of Correction Rollin Cook must fulfill their statutory and constitutional duties to protect those in their custody, and provide adequate sanitation and medical treatment for them. In part, the prdoper execution of their duties requires them to immediately reduce the number of people in their custody—the only mechanism infectious disease and correctional experts say will prevent a public health crisis of unimaginable proportion. Defendants are obligated to act by both state statute and the U.S. Constitution, but have thus far failed to uphold their legal duties. Accordingly, Plaintiffs have asked this Court to use its mandamus power to direct Defendants to fulfill their legal 1 obligations, and to craft—with expert assistance—an urgent, medically sound “de- densification” strategy to prevent immediate and massive harm and loss of life to Connecticut’s incarcerated population, and by extension, to the rest of the state. It is simply too much to ask DOC, an agency that is already tremendously overburdened and under-resourced, to contain a pandemic within its walls.
    [Show full text]
  • Case 3:18-Cv-01094 Document 1 Filed 06/28/18 Page 1 of 22
    Case 3:18-cv-01094 Document 1 Filed 06/28/18 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT NATIONAL ASSOCIATION FOR THE Civil Action No. ________ ADVANCEMENT OF COLORED PEOPLE, NAACP CONNECTICUT STATE CONFERENCE, JUSTIN FARMER, GERMANO KIMBRO, CONLEY MONK, JR., COMPLAINT FOR GARRY MONK, and DIONE ZACKERY, DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs, v. DENISE MERRILL, SECRETARY OF STATE, and DANNEL P. MALLOY, GOVERNOR, Defendants. INTRODUCTION 1. Connecticut’s state legislative redistricting plan, adopted in 2011 and scheduled for use in the 2018 and 2020 elections, violates the “one person, one vote” requirement of the Fourteenth Amendment because the plan is based on unlawful prison gerrymandering. 2. “Prison gerrymandering” is the practice whereby Connecticut counts incarcerated people as residing in the state facility where they are imprisoned, rather than at their pre- incarceration address, for the purpose of drawing lines for state legislative districts. 3. Connecticut’s prisoners are disproportionately African-American and Latino, and many maintain a permanent domicile in the state’s urban centers. Nevertheless, many of these individuals are incarcerated in correctional facilities that the State has located primarily in rural, lightly populated, predominantly white parts of Connecticut. 1 Case 3:18-cv-01094 Document 1 Filed 06/28/18 Page 2 of 22 4. Persons incarcerated in districts far from their home communities have no meaningful connection to the towns in which they are incarcerated. They are separated from their families and friends and have little contact with citizens residing immediately outside the walls of the prisons. Incarcerated persons cannot visit or patronize public or private establishments, such as parks, churches, businesses, or public transportation, in their surrounding communities.
    [Show full text]
  • CTICUT UNIFIED SCHOOL DISTRICT #3 0900001 Birth to Three Program 090000101547 Status 4 Not a Title I School CONNECTICUT Connecticut Technical High Sc 0900002 A
    State LEA Name LEA NCES ID School Name School NCES ID Reading Reading Math Math Elementary/ Graduation State Defined School Title I School Proficiency Participation Proficiency Participation Middle School Rate Target Improvement Status Target Target Target Target Other Academic Indicator Target CONNECTICUT UNIFIED SCHOOL DISTRICT #3 0900001 Birth to Three Program 090000101547 Status 4 Not a Title I school CONNECTICUT Connecticut Technical High Sc 0900002 A. I. Prince Technical High School 090000201136 Not All All Not All All Status 2 Title I schoolwide school CONNECTICUT Connecticut Technical High Sc 0900002 Bullard-Havens Technical High School 090000201137 All All Not All All Status 4 Title I schoolwide school CONNECTICUT Connecticut Technical High Sc 0900002 E. C. Goodwin Technical High School 090000201138 Not All All Not All All Status 2 Title I schoolwide school CONNECTICUT Connecticut Technical High Sc 0900002 Ella T. Grasso Southeastern Technical High 090000201139 Not All All Not All All Status 4 Title I schoolwide school School CONNECTICUT Connecticut Technical High Sc 0900002 Eli Whitney Technical High School 090000201140 Not All All Not All All Status 2 Title I schoolwide school CONNECTICUT Connecticut Technical High Sc 0900002 Emmett O'Brien Technical High School 090000201141 All All Not All All Status 4 Not a Title I school CONNECTICUT Connecticut Technical High Sc 0900002 H. C. Wilcox Technical High School 090000201142 All All All All Status 4 Not a Title I school CONNECTICUT Connecticut Technical High Sc 0900002 H. H. Ellis
    [Show full text]