House panel recommends changes in Missouri Corrections to fight harassment, bullying, and favoritism

The state House is recommending the Department of Corrections make several policy changes to battle sexual harassment, bullying, retaliation, and favoritism among its employees.

Representative Jim Hansen (photo; Tim Bommel, Missouri House Communications)
Representative Jim Hansen (photo; Tim Bommel, Missouri House Communications)

After news articles last fall brought such issues to light, as well as millions of dollars in settlements with the state by former Corrections employees who had been victims, the House formed a subcommittee to investigate the work environment in the Department.

Read the subcommittee report by clicking here.

Representative Jim Hansen (R-Frankford) chaired that subcommittee.  He and other members heard what they called “disturbing” reports of harassment and treatment of employees over the last few months, as current and former Corrections employees offered testimony.

Hansen said some of the subcommittee’s key recommendations are the implementation of a zero tolerance policy toward harassment; a change in how complaints are handled; the creation of a hotline for taking employee complaints with a mandated 24-hour response to calls; and a review of how employees are promoted and trained.

Hansen said some of those recommendations have already been implemented under the Department’s new director, Anne Precythe.

“Some of them have.  Not all of them,” said Hansen.  “She’s also looked at the training and her approach to training new leaders.  She’s got some ideas in the works there.”

Hansen expresses a lot of confidence in Precythe to improve the environment in Corrections.

“It’s in the bottom of the first [inning] or to top of the second – however you want to look at it – but so far she’s made a lot of the right moves,” said Hansen.  “There’s a lot of good employees out there and we’re asking them to be part of the solution and not the problem, to help her, and with time I think that she’ll get the changes done that need to be done.”

Hansen hopes House Speaker Todd Richardson (R-Poplar Bluff) will keep the subcommittee active so that it can follow-up on the Department.

“We want to have the director come and report to us on a quarterly basis and give us updates, so I don’t see any reason to disband this committee,” said Hansen.

Other recommendations included standardizing policies and procedures across all institutions except with department director’s approval, and increasing the minimum age of employment from 18 to 21.

Hansen thanked the members of the subcommittee and said each of them took seriously the task of hearing what was going on in the Corrections Department and recommending changes.

Some earlier stories:

Number 2 Corrections official faces committee investigating sexual harassment, retaliation in department

House votes to require monthly reporting on settlements in cases against Missouri

Panel on Corrections Department environment hears of ‘vague’ harassment policies, working in ‘hell’

Subcommittee on harassment in Corrections Department frustrated by Department’s structure, process

New prison system director talks to House committee about harassment, more

House votes to require monthly reporting on settlements in cases against Missouri

The House has voted to increase transparency when lawsuits against state agencies are settled.  The legislation was prompted by the revelation that millions of tax dollars were paid out over several years in settling harassment and discrimination cases against the Department of Corrections.

Representative Paul Fitzwater (R-Potosi) carried HCB 7 on the House Floor.  (photo; Tim Bommel, Missouri House Communications)
Representative Paul Fitzwater (R-Potosi) carried HCB 7 on the House Floor. (photo; Tim Bommel, Missouri House Communications)

House Committee Bill 7 would require the attorney general to report every month to the legislature and others about how the state’s legal expense fund – the fund from which money for settlements is taken – has been used.

Those cases against Corrections came to light late last year when an article on Pitch.com detailed several of them, and outlined how employees who complained about being harassed or discriminated against were victims of retaliation by fellow Corrections staff members.

House members said after the article came out that they were unaware of the settlements because those have been paid out of a line in the budget that has no spending limit on it.  That meant departments never had to come to the legislature and justify how much their settlement agreements were costing the state.

St. Charles Republican Kathie Conway, who chairs the appropriations committee that oversees Corrections, said this bill is needed.

“This is something that needs to be in statute so that the legislature is not caught unaware of all the goings on in different departments,” said Conway.

House Democrat Leader Gail McCann Beatty hopes to prevent state employees who have complained of harassment or discrimination from having to sign gag orders as part of court settlements.  (photo; Tim Bommel, Missouri House Communications)
House Democrat Leader Gail McCann Beatty hopes to prevent state employees who have complained of harassment or discrimination from having to sign gag orders as part of court settlements. (photo; Tim Bommel, Missouri House Communications)

House Democrat leader Gail McCann Beatty (Kansas City) proposed that the reporting should cover all state agencies and not just the Department of Corrections.  She said the reporting requirements could lead the legislature to make changes in policies or laws to address issues resulting in lawsuits in other agencies.

She hopes the legislature will go further and address the signing of gag orders by state employees who complain of harassment or discrimination, as some in the Corrections cases did under the terms of their settlements.

“While we can sunshine and get this information it does not give that employee the opportunity to give their side,” said McCann Beatty.

Missouri Attorney General Josh Hawley (R) announced in March he would begin monthly reporting on the activity of the legal expense fund.  Legislators praised his decision but said HCB 7 is still needed to ensure future attorneys general will follow suit.

Hawley’s first such report comes out April 30.

HCB 7 would also require the Department of Corrections’ director to meet with the House’s committee overseeing that department twice each year to discuss issues with that department.

The House voted 150-1 to send the bill to the Senate, but only two weeks remain in the legislative session for that body to consider it.

Number 2 Corrections official faces committee investigating sexual harassment, retaliation in department

A top Department of Corrections official has told a House subcommittee poor training, bureaucracy, and the Department’s growth have contributed to problems with harassment and retaliation among Missouri prison employees.

Dave Dormire is the Director of Adult Institutions in the Missouri Department of Corrections.  After more than 40 years with the Department, he will retire April 1, amid allegations his department's culture was rife with sexual harassment and retaliation against those who complained.  (photo; Tim Bommel, Missouri House Communications)
Dave Dormire is the Director of Adult Institutions in the Missouri Department of Corrections. After more than 40 years with the Department, he will retire April 1, amid allegations his department’s culture was rife with sexual harassment and retaliation against those who complained. (photo; Tim Bommel, Missouri House Communications)

Dave Dormire is the Department’s Director of Adult Institutions and has been in the Department more than 40 years.  He has announced he will retire April 1.

He talked to the House Subcommittee on Corrections Workforce Environment and Conduct after it had heard testimony from several other department officials, employees, and former employees.

The subcommittee was formed after news articles shed light on cases in which Department employees alleged they’d been harassed and, in some cases, retaliated against.  Several of those cases have gone to court, and several of those resulted in settlements costing the state millions of dollars.

Since September, 2011, Dormire has been responsible for some staff appointments, overseeing the safety of staff and inmates, and for disciplinary decisions.

Dormire was asked why some of the people who had been involved in those incidents still work for the Department.  He told lawmakers some allegations go unsustained, and some efforts are made to correct employees rather than fire them after a first incident.

“I’ll blame the culture a little bit.  As you know, correction officer is a tough job,” Dormire said.  “We train them specifically to continue to watch and address behaviors.  Then they become supervisors, and that’s the behavior they’ve learned – to address behaviors.  They’re not well trained – I acknowledge that – not well trained on being a good supervisor.”

Representatives Bruce Franks, Junior (left), and John McCaherty (right) (photo, Tim Bommel, Missouri House Communications)
Representatives Bruce Franks, Junior (left), and John McCaherty (right) (photo, Tim Bommel, Missouri House Communications)

Dormire told subcommittee member John McCaherty (R-High Ridge) the Department has not tolerated its employees committing harassment or unprofessional behavior repeatedly.

“I know that’s your feeling, but we do tolerate it,” McCaherty responded.  “It’s going on in the Department, it’s going on now, and that’s why we have a committee because we’ve been tolerating it, so I know your hope is that we don’t tolerate it but as a department we do tolerate it.”

“I understand your opinion, sir.  Obviously when I have my records to show what we’ve done and how we’ve addressed things,” Dormire said.

“And we have court cases to show the other side of it,” said McCaherty.

Dormire said the Corrections Department has grown to eight times the size it was when he started there, to more than 32-thousand inmates and roughly 8,000 staff throughout the prison system.

“That’s created all kinds of bureaucracy and things like that, and management issues.  I’m not here to make excuses but other departments have not faced that type of growth,” said Dormire.

Subcommittee members told Dormire it has been reviewing reports of harassment and retaliation that date back as much as 20 years.

“It looked like our employees would’ve been better off behind bars,” said Chairman Jim Hansen (R-Frankford)“They would’ve been safer there than they would from some of their supervisors, and it’s disturbing.”

Committee members also asked Dormire about reports they’ve heard of nepotism in the Department’s hiring and promotion practices.  At an earlier hearing, they heard from a former employee that wardens often ignore the recommendations of panels assigned to recommend employees for promotion.  The system was described as one of “good ol’boys” hiring and promoting friends and relatives.

Dormire told lawmakers the Department used the state’s Merit system, created in state law to prevent favoritism, political influence, or arbitrary decisions in hiring and other employment decisions.

Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)
Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)

Representative Kathie Conway (R-St. Charles), who said she has heard of, “so much nepotism,” in the department, challenged Dormire on that claim.

“We have to use the Merit system,” said Dormire.

“You have to not sexually harass people, too, but that didn’t seem to be the case,” said Conway.

Committee members asked Dormire about allegations raised by recent articles by Pitch.com suggesting that he had been involved in retaliation against employees, and had been deceptive in his answers in some investigations.  Dormire denied those allegations.

Asked specifically whether he testified that disciplining two guards accused of harassing two nurses would have been “moot” because the nurses had quit, Dormire said, “I don’t remember making that statement in particular.  I don’t normally use that word.  It’s possible.  I don’t remember that.”

Committee members again indicated they are looking to those at or near the top of the Corrections Department’s hierarchy – wardens and administrative officials – as being largely at fault.

Hansen said of the cases of harassment he’s read about wardens seemed to be involved in some, and “totally incompetent,” in others.

“I think you’ve got good wardens,” Dormire told Hansen.  “Some of them need some help.”

“They need help?  We don’t have time.  This is costing the state taxpayers millions of dollars,” Hansen responded.  “We got people who are supposed to be head of the parade that are playing out of tune and out of step with the marching band.”

Representative Bruce Franks (D-St. Louis City) said he feels the committee still isn’t being told who it must talk to, to get to the nucleus of issues in the Department.

“We talked about the culture, we passed the buck today two or three times, we said we can blame the culture, we can blame the growth, we can blame all of these different things, except for blaming ourselves – the people who are actually in charge,” said Franks.  “We have a lot of people up top who aren’t held accountable and who aren’t holding those right up under them accountable, who make 90-thousand, 50-thousand, 100-thousand, 85-thousand, so maybe we need to take about seven or eight of these particular jobs out and distribute their salaries to those who are making nothing to do most of the work.”