Editor's note: This is the first in a series of articles on recent developments in the debate over whether to build a new jail in Grayson County, where it should be built and whether it should be built and run by Grayson County or a private firm.
BY KATHY WILLIAMS
HERALD DEMOCRAT
Private versus public operation of a new Grayson County Jail drew higher public interest Thursday when a state law enforcement organization joined the debate. Combined Law Enforcement Associations of Texas (CLEAT) sent out a press release asking Grayson County Sheriff Keith Gary to "stop the takeover of the county jail by a private company out of Louisiana."
And in commenting on the press release, both Gary and Grayson County Judge Drue Bynum also discussed the possibility of sending county inmates to a new Fannin County jail that private contractor Community Education Centers Inc. is building and will operate.
Gary has stated throughout years of public debate over the issue that he is required by state law to certify any contract before it comes into force.
Bynum said that he thinks CLEAT is really putting pressure on Gary, that it will make it seem like it's Gary's fault if the contract is approved. However, Bynum said, contract approval is not up to Gary.
"According to the (state) Constitution and statutes, as long as the (Grayson County) Commissioners Court meets the letter of the law, the sheriff doesn't have a lot to say about it," Bynum said. "I think we've been very forthcoming with him, trying to work with him to meet the needs, but at the end of the day, if the commissioners court signed a contract and the sheriff didn't agree with it, certainly the sheriff would have the right to sue the commissioners court."
Gary said he has seen a copy of the draft contract with private contractor Southwest Corrections to build and run a new jail that has a line for his signature.
"Of course I can't be unreasonable about it, but the Local Government Code does provide that the sheriff has to approve of any contract," Gary said.
The Code states, "The commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization."
The next section of the Code gives commissioners the right to contract with a private vendor to design, build or manage a jail, but adds, "Before the commissioners court of a county enters into a contract under this section, the commissioners court of the county must receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld."
Gary said that neither he nor Bynum are lawyers, but he doesn't believe state law would expect a sheriff to hire lawyers to sue the commissioners court.
The sticking point for Gary, commissioners and Southwest Corrections has been how many current jailers will keep their jobs, and at what salary. Since the jail design and location currently under consideration is located near Texoma Parkway on the north side of U.S. Highway 82 East, the county would continue to house some inmates during trials, etc. Southwest has agreed to hire the current county jailers it needs at their current salaries. Gary has stated he will need more staff at the current jail in the Justice Center than commissioners have yet approved.
"The thing I'm trying to emphasize to everyone is that we have started this process, let's see what they (Southwest) have to offer," Gary said. "Southwest is supposed to give its last and final and best offer July 13, there's still plenty of time to stop this.
"Then commissioners would have to accept it. It could be that they won't accept it, but if they do, I've got another step in here."
Gary said he would then have to assure that he has adequate jailer staffing at the Justice Center, which includes, "deputies in the courtroom, book-in area, clerical help, and they (commissioners) have not assured me that is the case."
Among his considerations to approve a private contract, Gary said, "They need to assure me that all the employees they are absorbing will be at their current rate of pay ... and a place for each and every employee."
Gary said that in his conversations with Bynum that Gary believes the county judge is telling him there might be a trade off. Gary could have either fewer jail staff at the Justice Center or lower salaries for the current county employees when they go to the privately-run jail.
Gary said he thinks he will decide quickly whether to approve the contract. He said he did not know of any options remaining on the table for a publicly built and run jail, but public sentiment seems to be turning that direction. However, he added that sending inmates to Fannin County could be done. That option would require more of the current jail to remain open and staffed. The county also has a contract through 2011 to provide 35 beds for federal prisoners.
Bynum said he took offense to CLEAT's press release letter, which states in part, "These privatization schemes always sound better than they are in real life," said Charley Wilkison, Public Affairs director for the 17,000-plus member Combined Law Enforcement Associations of Texas, or CLEAT.
"Private county jails are a bad idea for the citizen-taxpayer, a bad idea for the deputies and even a bad idea for the prisoners detained there. These fast and loose privatization deals never work out well for the local citizens who are left holding the bag.
"What they are proposing is trading the legitimate role of a real, live licensed law enforcement professional for whomever the private company could dredge up off the street to do the work," said Wilkison.
"This is about risking the safety of the public, the civil rights of the prisoners and the jobs of the hard working men and women of the Grayson County Sheriff's Department. It's not worth it," Wilkinson said.
Bynum responded that CLEAT should know that the commissioners court has to provide funding to house inmates. But state laws aren't as clear on the details of that.
"Typically inmates are housed in-county and in a county jail and commissioners court uses the sheriff's office's budget to run the jail. But for them to imply that it is immoral or unethical or illegal to do otherwise is really stretching ... the implied message is that we're doing something illegal or unethical. And I take offense at this. Believe me this has been vetted by some pretty decent attorneys for several years now."
Bynum added that he also did not appreciate the terminology of "private jail would only hire what they can dredge off the streets." These will be the same folks who apply for the jobs now and I don't consider them dregs off the street simply because they want to work in a jail -- public or private."
He said he thought the press release was threatening in nature.
"Then there's the other side that says we can ship inmates to other counties and pay for that; we've done that for years," Bynum said. "And for years we've had contract jailers serving in our jails and it's worked very well."
Bynum said July 13 is not a magic date when the matter would be decided.
"We rank ordered Southwest Correction and CEC (Community Education Centers), 1 and 2, but we never kicked CEC out of the bargaining ... I doubt very seriously we make a decision on the 13th of July," Bynum said. "We're continuing to look at several different options and one of the options that's always been out there is that CEC could house the majority of our inmates (in Fannin County). We could still maintain book-in in our county and 50-100 inmates in our county jail. And it would stand to reason that the administration and operations of our jail would decrease and we wouldn't need as many jailers."