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Douglas County Jail: No Requests to Move Inmates by Sheriff Miller

Tax Group Calls for Investigation

Lithia Springs GA: Douglas County Taxpayers Coalition has leaned through an open records request that Sheriff Phil Miller has never made a written request to transfer state inmates from the county jail in 2009.

An open records request was made to the legal department of the Georgia Department of Corrections (DOC) for any correspondences from Sheriff Miller or his staff to the Department of Corrections concerning transfer of state inmates from the Douglas County jail, in 2009. According to a reply from Rhoda S. McCabe, Senior Assistant Counsel, “The Department has no records responsive to this request.”

“Included in your request were the following records; to wit, 2009 correspondence from Douglas County Sheriff Phil Miller or his staff concerning the emergency transfer of state inmates from the Douglas County Jail, including correspondence with the Commissioner of Corrections; and (2) 2009 correspondence with the Douglas County Sheriff’s Department concerning overcrowded conditions at the Douglas County Jail.” RSM

For the past 5 years Sheriff Miller has claimed there is an emergency situation at the jail due to overcrowding because the Department of Corrections will not pick up their inmates. There are no records from the sheriff’s office or DOC concerning an emergency situation or any request to remove the state inmates. According to GBI reports, there have been between 100-200 convicted state prisoners in the county jail on any given day.

James Bell, director of the Douglas County Taxpayers Coalition (DCTC) said the sheriff is deliberately housing state inmates to make the jail appear to be over capacity.

“We are calling for a state and federal investigation into this matter”, Bell said. “If there is an emergency at the jail there should be some documentation concerning this emergency, especially when there are claims of potential federal court intervention”, Bell continued.

Chief Deputy Stan Copeland stated that the sheriff’s office is not allowed to make written request for the transfer of state inmates.

Bell said he believes the Sheriff has used state inmates to full-up the county jail in an attempt to justify a proposed $150 million prison SPLOST/Bond on the November 3 ballot.

According to GBI reports, the sheriff changed the capacity number of the jail from 811 to 485. Bell said it appears this was an attempt to trick voters to believe the jail is over capacity.

“If there was an emergency and safety concerns (at the jail) why is there no documentation by his staff or the Department of Corrections concerning this matter”, Bell asked. “This is nothing but a hoax”.

It’s like deja vu all over again! On November 3, 2009, voters will once again vote on a Special Purpose Local Option Sales Tax (SPLOST) for $150 million and a $120 million general obligation bond to build a new jail/prison.

First of all, Sheriff Miller recently wrote about housing inmates in other counties. He claims the jail was deigned for about 400 inmates. The fact is, it was “redesigned” to house 811 according to reports he submitted to the Georgia Bureau of Investigation. He complains about the cost of housing a few inmates in other counties, but he fails to mention that he is being paid by the Department of Corrections to house 125-150 convicted state inmates at a profit.

Safety is always an issue in any jail or prison. Measures such as the use of video conferencing with judges can be used to reduce transportation risks. This is a common practice in a lot of Georgia counties. It saves money and increases safety.

The sheriff wrote about a mysterious judge that might order the county to build a new prison or a “Taj Mahal”, as if his proposal of spending $150 million on a massive prison facility would not be classified as a “Taj Mahal”? Carroll County built a new 600 bed prison for about $20 million. His estimated cost has risen from $87 million to $150 million in 3 years.

Douglas County Jail is not in violation of any state or federal laws. If it was, the sheriff would be held responsible for these violations. There are no judges looking at Douglas County, no cases pending, yet we have heard this scare tactic for the past 5 years.

At this point, I welcome a federal judge’s intervention. I feel confident he/she would review the court system to see if the system is broken. He would determine why we have more than 60 percent of inmates awaiting hearings and trials. He may order house arrest for non-violent offenders who qualify for release. He would look to see how many are mentally ill people are locked up because there are no health care facilities to give them appropriate care. The judge would order the state to remove their inmates and send them to other county or state facilities that have vacancies.

There are no plans, no descriptions and no studies to show a need for such a massive prison facility. The proposed size of the facility would be more suitable for a county like Fulton or Gwinnett, with populations 5-10 times that of Douglas County.

They say the proposed prison will house 1,500 inmates and can be doubles. Sheriff Miller has publicly stated that he is willing to house federal and state inmates in the Douglas County jail to generate revenue from 700 empty beds.

If the Sheriff is concerned about wasting tax dollars, then we should ask why they wasted $305,000 for a temporary housing unit for 25 inmates because of a simple leaky drain pipe that took more than 6 months to determine it needed repairing.

Remember the screaming headlines, “Mold Invades Jail”? The mold was caused because they failed to make repairs and they closed the affected dormitory and sealed off the ventilation system. They spent nearly $4,000 to have a consultant tell them to fix the leaky pipe and clean the area with detergent, bleach and a brush. It took months before anything was done. Why?

Consider this, if your closets at home are filled to capacity should you tear down your house and build a new one with larger closet? Or, would you take an inventory of what is in the closet and prioritize what goes in it? I would choose the latter.

No arrestees have been released because of overcrowding. Last year 14,000 people entered the jail and 14,000 were released under due process.

Then, there is the threat from the Douglas County Commissioners that if we vote this massive spending project down the commissioners will raise our property taxes to build a new prison. We have heard this threat for the past five years and the voters are sick of it! I’m sure the voters will remedy this threat in the 2010 election. We just don’t like being held hostage by greedy politicians.

In 2007 the board of commissioners took $10 million from our county reserve fund to buy property at I-20 and Hwy. 92 for a new jail just months before the SPLOST failed. Now they have to borrow $14 million each year just to make pay rolls and provide benefits to employees. This leaves no cash to repair damaged roads and bridges. This is an example of the irresponsible actions of this board of commissioners. Why should we trust them with $150 million?

Another issue voters must consider is what impact will raising sales tax, in a depressed economy, have on retail businesses in Douglas County? Currently, Douglas County retailers have a slight advantage over Cobb County by having a lower sales tax. Do you want to give $150 million to the government or should this money stay in our pockets and in the cash drawers of retailers? Have you driven by the mall lately to see how many empty parking spaces there are?

If this measure passes, an ad valorem tax will be levied on our property as collateral to cover a $120 million general obligation bond (loan). If revenues are not sufficient to cover the payments, our property taxes will increase to cover any shortfalls.

This is the third time in four years voters are forced to vote on this issue. It’s been rejected twice. I hope voters of Douglas County will see the need to go to the polls one more time, on November 3, and vote this tax down once again. I am voting NO!

James Bell

Lithia Springs, Ga.

Why did a leaky pipe cost taxpayers more than $305,000?

From Staff Reports: Douglas County Taxpayers Coalition

www.douglastaxes.com

Douglasville GA: On August 25, 2008, Chief Deputy Stan Copeland of the Douglas County Georgia Sheriff’s Department went before the board of commissioners seeking more than $300,000 for a temporary housing unit for 25 female inmates displaced by an alleged “mold emergency” in their jail dormitory.

Copeland said they discovered a leak in the ceiling, apparently coming from the kitchen above the dorm. He told the commissioners the concrete floor may have deteriorated and they could move the kitchen outside the jail for a cost of $1 million.

At their regular business meeting, the board of commissioners unanimously approved a temporary housing unit which was, a few months later, erected next to the jail at a cost of $305,232 for a three year lease.

On August 29, 2008, the Douglas County Sentinel newspaper reported the situation with a screaming headline, ‘Mold invades jail’.

Leaders of the Douglas County Taxpayers Coalition (DCTC), a taxpayers’ advocacy group, investigated the situation.  Douglas County Commissioner Mike Mulcare admitted to James Bell, director of DCTC, that county commissioners never inspected the jail to see what conditions actually existed before approving the $305,000 expenditure. A Sentinel reporter admitted to DCTC that he was not permitted to see the mold conditions at the jail and that he was told the room had been sealed off.

According to documents obtained by DCTC through the Georgia Open Records Act, the sheriff’s department did not attempt any clean up or repairs of the leak until after February 2009, leaving the dormitory ventilation system sealed for six months with cardboard and tape.

According to the inspection report conducted by the firm Conestoga-Rovers & Associates (CRA) on January 15, 2009, six months after the leak was detected, the inspectors observed a small leak from a drain pipe and a small puddle of standing water on the concrete floor of the dormitory.

Photos of the room show some water stains and some surface mold. This can be expected in a non-ventilated room sealed for six months with a leaky drain pipe and a puddle of water on the floor.

CRA’s recommendations, which cost taxpayers $3,600, were to repair the pipe leak, replace the sheet rock and clean the affected areas of the dormitory with mild detergent, 10% bleach solution and a scrub brush.

James Bell, director of DCTC, believes the sheriff’s staff used the leaky pipe situation to create screaming headlines to justify the need for a new $150 million jail, which voters have rejected twice since 2006 in Special Purpose Local Option Sales Tax (SPLOST) referendums.

“Based on our investigation, we believe the sheriff and his staff concocted this alleged emergency to bolster their claim that a new jail is needed. Rather than taking action and making simple plumbing repairs, they waited six months to do anything”, Bell said. “We believe $305,000 could have been saved if the sheriff had taken action to correct a simple leak. A leaky pipe does not justify bulldozing the jail and spending $150 million to build a new one.”

The 1,500 bed prison issue is once again on the November 3, 2009 SPLOST/Bond ballot for $150 million sales/use tax and a $120 million general obligation bond, plus interest.

The sheriff’s office has yet to show requested records indicating repairs have been made.

Sheriff Miller should give county taxpayers an explanation why it took so long to inspect the room, fix a leak and clean the affected area, assuming repairs have been made.

Douglas County Attorney to Make $1.8 Million on Jail SPLOST

From Staff Reports: Douglas County Taxpayers Coalition

www.DouglasTaxes.com

Douglasville GA: If Douglas County voters approve the November 3, 2009, Special Purpose Local Option Sales Tax (SPLOST) and bond referendum for a $150 million new prison, county attorney Ken Bernard could receive $1.8 million for initiating the $120 million property bond, which will be secured by taxable properties within the county.

The Douglas County Taxpayers Coalition (DCTC) inquired about Bernard’s compensation if the 2009 jail SPLOST/Bond passes. According to replies received from the county through open records requests, his fees for the bond will be “negotiated” after the vote, if the measure passes.

Bernard’s annual contract with the county government is $243,000, plus other fees. If the board does not renew his contract, his severance pay will be the remaining fee for the year plus ½ of the yearly contact amount.

Bernard also serves as counsel for the Douglas County Board of Education.

Earlier this year, a heated debate arose among school board members and citizens over a one year, $295.000 contract for Bernard. School board member Mike Miller claimed the contract was twice the fee paid for legal counsel by comparable county school systems in Georgia.

Opponents of Bernard’s contract with the school board contend that he has not submitted itemized invoices for his services. Also, that he has a conflict of interest by acting as counsel for both the county government and the school board and because of his real estate investments.

It has been reported that Bernard received $1.2 million over and above his annual fees for initiating a school bond.

James Bell, director of DCTC, questions why taxpayers are paying such high fees for legal services.

“Legal counsel should receive fair compensation for services, but the contract Mr. Bernard has written by himself and for himself is excessive, especially considering our county’s economic conditions”, Bell said.

Lithia Springs, Ga.: The Douglas County Taxpayers Coalition (DCTC) has begun a public awareness campaign to make voters aware of the upcoming November 3 Special Purpose Local Option Sales Tax referendum.

Douglas County Commissioners voted 4-1 to place the referendum on the ballot for the third time in four years. The referendum is for a six year, one percent sales tax to equal $150 million and a general obligation bond (loan) for $120 million.

According to James Bell, director of DCTC, over the next four weeks the group will be distributing thousands of flyers notifying votes of the referendum and hosting “sign waving” events at busy intersection to bring attention to the vote.

“We feel there is enough opposition to this tax to defeat it once again”, Bell said. “But we need to be sure voters go to the polls and send a message that now is not the time to be raising taxes.”

According to Bell, the commissioners have failed to look at other options to control the jail population such as the removal of state inmates from the county jail, stream lining the court system to move offenders through more quickly and house arrest for non violent offenders.

During a public meeting this summer Bell explained to the commissioners that many non-violent inmates are serving more time waiting for a hearing than the judge would have given for the offence if they were able to make bond. The end result is 62 percent of inmates are awaiting trials.

Bell points out that increasing sales tax in the worst economy in our life time will further hurt retail businesses in the county and put an additional burden on the citizens who are already struggling to make ends meet.

Sign Waving: Friday Oct. 9^th 4-6pm Chapel Hill Rd & Douglas Blvd.

Volunteers needed!

Jail Facts for Sept ‘09:

Douglas County inmate Population = 732

Capacity = 811 (not 485 as reported by Sheriff)

State inmates = 134 or 18% of population

Awaiting Trial = 451 or 62%

Serving County Time = 134 or 18%

Other = 2%

AJC reported (10:44 p.m. Friday, September 4, 2009)  that the Douglas County Georgia School System has over $30.7 million in reserve funds, yet the board voted to increase property taxes and furlough teachers and staff.

Read the article: HERE>>>>

On Tuesday September 1 2009 the Douglas County Board of Commissioners vote to call a referendum on a Special Purpose Local Option Sales Tax (SPLOST) for the construction of a 1500 bed prison facility in Douglas County.  This is the third time since 2006 the BOC has place this issues on the ballot. The previous SPLOSTs were defeated by the voters.

Commissioner David Lathan was the only commissioner to vote NO to the resolution.

The 6 year sales tax is expected to raise $150,000,000.00 ($150 million) with a 6 year property bond for $120,000,000.oo

The resolution below doesn’t mention the cost of the tax or bond.

Tab 6 on the agenda reads as follows:

• 6. Referendum resolution of the Board of Commissioners of Douglas County, Georgia imposing a county one percent sales and use tax as authorized by Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia annotated, for the purpose of providing funds to pay or be applied toward the cost of acquiring, constructing and equipping a jail and related law enforcement complex, including the reimbursement of amounts previously paid by the county to acquire land and other costs related thereto; specifying the period of time for which such tax shall be imposed, specifying the estimated cost of the capital outlay project to be funded from the proceeds of such tax; authorizing the issuance of certain general obligation bonds secured by the proceeds of such tax; specifying the principal amount of such general obligation bonds is to be issued; specifying the purpose for which such general obligation bonds is to be issued; specifying the maximum interest rate or rates of interest which such general obligation bonds may bear; specifying the principal amount to be paid in each year during the life of such general obligation bonds; requesting the board of Elections and Registration to call an election of the voters of Douglas County, Georgia to approve the imposition of such sales and use tax and the issuance of such general obligation debt; approving the form of ballot to be used in such an election; and for other purposes. (Legal)

Theses comments were made by James Bell to the Douglas County Board of Commissioners on July 7, 2009.

1. First of all, I support holding a public vote on Sunday Alcohol sales by the drink. Once and for all, we as a community can determine what we will socially tolerate. The voters will have to determine if revenue and ending county/city turf battles are worth the risk of more drunk drivers on our streets.

However, I am opposed to holding this alcohol vote in a September Special Election. The cost of a special election is over $40,000. If you table this vote today you will have an opportunity to bring the issue up later and hold the vote on the Nov. general ballot, saving over $40,000 in tax dollars. It was said yesterday in the work session that that the cost of the election can be recouped by fees. That’s only if the issue passes. If it fails, you have squandered another $40,000 of taxpayer’s money. That’s quite a gamble! Please do the right thing and table this vote and place it on the Nov. ballot.

2. SPLOST: If this board of commissioners had spent as much time seeking a solution to reducing the inmate population as it has trying to sales the idea of spending more than $150 million on a new jail we would not be addressing this issue today. We must ask… why are we still housing state inmates? Why do the court rooms above us sit empty and the lights turned off day after day when we have hundreds of inmate awaiting hearings or trials? We have inmate serving more time awaiting a court date than they would receive on the offence they are locked up for.

We hear about housing inmates in other counties at a cost but we never hear about the 100 state inmates the state pays us to house. The inmate population can be controlled. If our only goal and mission is to build a new prison we will never find a cost effective solutions.

Over the past 4 years we have heard every creative reason why we should bulldozer our investment and build a new prison. We have heard everything from toxic mold to antiquated locks, to inmates having to use the rest room in front of each other.

Raising taxes in a recession will further depress the economy. Retailers will suffer and consumers will have less cash to spend.

The voters twice have rejected this project. Two years ago Chairman Worthan was asked at a SPLOST information meeting, if the jail was such a priority why not have the jail on the ballot as a single issue. Mr. Worthan stated it’s because the jail will not pass on its own merit. We were told YMCA’s and horse and dog parks were not wish lists but a needs list.

I’ve got a solution to the jail population… the county can sue the state or demand they move state prisoners to other counties that have available jail space. Surely, the Dept. of Correction would not want to jeopardize the safety of the officers and would remove the state prisoners.

Mr. Chairman, this issue has divided our county. I respectfully ask this board to postpone another attempt to increase taxes until we can look at other less costly solutions to the issues at hand.

Thank you,

James Bell

Please be aware that your property taxes will continue to increase if you take no action and allow our elected officials to TAX US TO DEATH!

State Homeowners Tax Relief Grant ‘HRTG’ will NOT be funded this year

Be aware that earlier this year, representatives in the Georgia Legislature passed a measure that cuts the funding for the Homeowner’s Tax Relief Grant. This bill was enacted into law when it was signed by Governor Perdue this spring. When you look at your property tax bill, you will see how much this grant reduced your property tax burden.  Typically this will add an additional $200-$300 in taxes owed per homeowner.

Taxpayers Call to Action! Attend Meetings – Call Officials!

Board of Commissioners: 770-920-7357 Call Now!

SPLOST Meeting: July 28 – 10am 3rd Floor Court House – Hospital Dr.

SPLOST & Bond Referendum: For the third time in three years the Douglas County Board of Commissioners are seeking a Special Purpose Local Option Sales Tax (SPLOST). Sale tax dropped 1% on July 1, 2007 when the SPLOST ended. The sales tax in Douglas County is now 6% thanks to voters rejecting two SPLOST referendums (2006/2007).

The next step in the SPLOST ballot process is for the county to meet with the cities of Douglasville, Villa Rica and Austell. Commission chairman Tom Worthan said the referendum will consist of a $130 million Jail/Prison. It is unknown at this time if the cities will ask for projects to be added to the ballot or if the county can restrict the cities from placing capitol projects on the ballot.

The intergovernmental meeting is scheduled for July 28 – 10AM in the conference room on the third floor of the court house. This meeting is open to the public and media. The tax vote will be on the November ballot according to Tom Worthan.

Some of the commissioners have expressed concerns about the tax increase. Commissioner David Latham said he was concerned about road project halting due to the SPLOST and the cost to maintain and operate the new facility. Latham voted “NO” to the resolution setting up the meetings. Freddie Ashmon and Mike Mulcare seemed to lack enthusiasm over the tax and stated they wanted to be sure they are doing what the public wants. With voters rejecting the SPLOST twice it would seem the message is clear. NO MORE TAXES!

Go to www.DouglasTaxes.com for more information.

“The art of taxation consists in so plucking the goose as to obtain the largest possible amount of feathers with the smallest possible amount of hissing” Jean Baptiste Colbert

Special Election scheduled for Sept 15th

Sunday Liquor-by-the-Drink Vote: September 15 Special Election

The BOC is calling for a September 15 special election to allow Sunday liquor sales in un-incorporated Douglas County. The special election will cost taxpayers over $42,000. DCTC spoke to the commission on July 7^th concerning the cost of the election verses waiting 50 day for the November ballot.

When questioned about the date, newly elected commissioner Kelly Robinson said “there is too much noise on the November ballot. It should be considered on its own merit”. DCTC has concerns about the actual reason the BOC is calling the vote at taxpayer’s expense.

The Worthan said the cost could be recouped by fee generated from the liquor sales. DCTC pointed out that might be true only if the referendum passes. If it fails, the BOC has wasted $45,000 in tax dollars. It’s a gamble!

For more information go to www.DouglasTaxes.com

“Prohibition is better than no liquor at all.” Will Rogers

Douglas County School Board: 770-651-2000 Call Now!

Property Tax Increase!

Public Hearings July 20, 7:30am & 7:00pm – July 27 6:30pm

The Board of Education intends to raise property millage rate for bond debt service. According to published reports the millage increase from 1.35 to 3.0 or $69 for a $100.000 home according to BOE.

Board chairman Jimmy Bartlett wanted to increase the M&O millage rate, but after much debate the board opted to only increase the bond debt millage.

We were told that if voter did not approve the last $150 million bond, the BOE will have to increase property taxes to cover spending. The bond was passed and now taxes are increasing to cover the debt payment.

WE TOLD YOU SO!

DCTC warned the public that if bonds and SPLOST taxes passed, property taxes would increase due to the additional expenses and debt service associated with these building projects.

We hope the public will learn from this experience and reject these massive spending projects in the future.

For more information go to www.DouglasTaxes.com

“Formal education will make you a living; self-education will make you a fortune.” Jim Rohn

City of Douglasville:

30.85% Property Tax Increase –

Meetings July 15^th 10am & 6pm and July 23, 5:30pm

The City of Douglasville has tentatively adopted a millage rate which will increase property taxes by 30.85 percent. All concerned citizens are invited to the public hearing on this tax increase to be held in Douglasville City Hall, 6695 Church St. – July 15^th 2009 10am – 6pm and July 23 at 5:30pm.

For more information go to www.DouglasTaxes.com

“The fundamental class division in any society is not between rich and poor, or between farmers and city dwellers, but between tax payers and tax consumers” David Boaz