DJJ ignores the law in grant awards process

 

The Pinellas County Juvenile Justice Council contends that the Department of Juvenile Justice failed to obey Florida Statute, when it awarded $67, 659 in tax dollars to the Pinellas County Police Athletic League (PAL). The Council contends that DJJ illegally ignored the Council’s recommendation that PAL was the least desirable applicant for a Delinquency Prevention Grant. DJJ announced the Pinellas and Pasco County grant awards during the April 30, 2007 meeting of the Circuit 6 Juvenile Justice Board. The department failed to award any funds to the Council’s top-rated applicant, YMCA of Greater St. Petersburg.

 

Summary of Correspondence

Here is a summary of the Pinellas County Juvenile Justice Council’s correspondence with the Department of Juvenile Justice. The chronology begins on April 30, 2007 with an excerpt from the meeting transcript that introduces the Council’s complaint and ends on June 16, 2007 with DJJ Assistant Secretary Rick Davison’s statement that “we respectfully disagree with your position.”

 

  1. Apr 30, 2007 Harris: “your scores, those were not the official scores”

  2. May 24, 2007 Plyer: “explain the department's rationale for awarding $67,659 to last place Pinellas County PAL”

  3. Jun 7, 2007 Plyer: “Please acknowledge receipt of this 2nd request…”

  4. Jun 8, 2007 Davison: “Department…funded the Police Athletic League…as recommended by the Circuit 6 Juvenile Justice Board”

  5. Jun 16, 2007 Plyer: “Your email…is unsettling in the Department's disregard for the law”

  6. Jun 16, 2007 Davison: “as reasonable people do, we respectfully disagree with your position.”

 

Text of Correspondence

 

1.  Apr 30, 2007: Harris “…your scores, those were not the official scores”

Excerpt of Transcript of April 30, 2007 prepared by [Maryann Penhale]

Notes:

 

  • Maryann Penhale, an employee of Pinellas County Board of County Commissioners, prepared this transcript.

  • Pat McGhee, DJJ Delinquency Prevention Specialist delivered report on grant awards

  • Calvin Harris. Pinellas County Commissioner and Board member

  • Dave Plyer, Chair of the Pinellas Juvenile Justice Council and Board member

  • Bruce Wright, Reverend in the Refuge Ministries and Board member

 

 

Excerpt: [Click for complete transcript]

 

JJ Meeting

April 30, 2007 - 2:01 p.m.

Rough Verbatim Transcript

Maryann Penhale, Board Reporter

 

2:56:27 PM ~ Pat McGhee:      The Juvenile Justice Circuit Grant Committee reviewed and evaluated delinquency prevention grants; and each grant was found to be not only consistent with the Juvenile Justice Plan, but also very consistent and supportive of the Delinquency Prevention Plan as well.  The allocation for Pinellas County was $148,947 was the allocation for Pinellas.  The recommended grants for Pinellas were Boley Centers for a total of $81,288; the second was Pinellas County Sheriff’s Office which was in collaboration with Pinellas Athletic League.  The total amount recommended for that program was $67,659; which is a total of $148,937; for Pasco County the recommendation program was for Big Brothers Big Sisters of Tampa Bay.  The recommended amount was $91,959, which is the total allocation for Pasco County.

 

2:58:08 PM ~ Plyer:                 I am just curious.  The Police Athletic League, Pinellas County voted them dead last in the ranking.  How did-- what was the override for that?

 

McGhee:          The average, the score…you are asking me?

 

Plyer:                No; we ranked those grant applications that were earmarked for Pinellas County; and our scoring for the Police Athletic League came out number four at the bottom of the ranking and I am just curious what other inputs you had that override that.

 

2:58:52 PM ~ Harris:                Mr. Plyer, we had a Grants Committee that read the grants and scored them and made those recommendations; Now even though we received your scores, those were not the official scores; we passed those on…but the Council according to statute does not have the responsibility for scoring the grants and we did those; the Board scores the grants and we formed a grant committee as we have always done…

 

2:59:37 PM ~ Plyer:                 Who formed the Grant Committee?

 

3:00:14 PM ~ Harris:                This Board selected a Grants Committee; we got input, and all these people are members of our provider network, Jackie Griffin Doherty is a former Chairman of the Council; Marty Fogel works in juvenile arbitration; Steven Johnson works at St. Petersburg College; Susannah Templeton is from the Pinellas County Department of Justice Coordination; and Stephanie Presswood works for DCF; so we were trying to get an expert panel who was involved in the network, in prevention, who was working with the juvenile justice community establishment to read those grants.

 

3:01:06 PM ~ Plyer:                 Now you used the word the Board for this Grant Committee.  I am a member of the Board and I was not even aware there was a Grant Committee- how was this done, how did this Grant Committee get formed?

 

3:01:21 PM ~ Harris:                The Grant Committee was formed on recommendations from the group; we contacted these people and asked them if they were willing to serve and they did and then we wrote letters.

 

3:01:30 PM ~ Plyer:                 What group?

 

Plyer:                When?  I’ve been to every one of these meetings and never heard of a Grant Review Committee.

 

Harris:              Mr. Plyer, we talked about this.

 

Plyer:                I’m afraid not.  We have not talked about it.

 

3:01:51 PM ~ Plyer:                 We have transcripts of every one of these meetings; it’s never been discussed; I just want to know who is the Board, is it you and a few select members or is it all of us?

 

3:03:34 PM ~ Wright:               Again, I have an issue with it too because not all of the Circuit Board was informed of the process and who was involved.

 

3:03:41 PM ~ Harris:                The process is according to statutes and the bylaws and so that's what we followed; the grants were scored and the recommendations were made according to the bylaws.

Plyer:                … as far as the bylaws go, when it comes to grant review it is the Council, the County Council with responsibility to provide the grant scores to the Board.

 

3:04:42 PM ~ Harris:                No, it is not the Council's job to do that; that is a Board function.

 

3:05:01 PM ~ Harris:                Mr. Plyer according to the bylaws, according to the statutes, it is the Board's responsibility to score the grants and make the recommendation; and that comes under Statute 985.664.

 

3:05:20 PM ~ Plyer:                 … under Section C, powers and duties, Paragraph 2, to make recommendations to the DJJ for awarding of prevention and early intervention grant programs.  That's the duty of the Board.  In the absence of a County Juvenile Justice Council; so there are two Juvenile Justice Councils; so those two Councils make the recommendations to the Board.  It's not the Board's function to make those recommendations.

 

3:06:01 PM ~ Harris:                The Board established a Grant Committee; as we have always done in this Circuit…That is a Grant Committee and the grants are scored and those scores always come back to this Board and they are transmitted to DJJ.

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2.  May 24, 2007 “explain the department's rationale for awarding $67,659 to last place Pinellas County PAL…”

from  Dave Plyer <d.plyer@gmail.com>

to  Cassandra Jenkins <cassandra.jenkins@djj.state.fl.us>   

cc

Walt McNeil <walter.mcneil@djj.state.fl.us>,

Richard Davison <richard.davison@djj.state.fl.us>,

Matt Sullivan <sullivanrep@msn.com>,

Cathy Corry <cathycorry@juno.com>   

 

date  May 24, 2007 11:27 AM  

subject  2007-8 Grant Applications: Explain DJJ's award to Pinellas County PAL  

 

Cassandra Jenkins

Assistant Secretary Preveniton

Department of Juvenile Justice

 

The Pinellas County Juvenile Justice Council reviewed and prioritized four Pinellas County delinquency prevention grant applications received by the Department of Juvenile Justice. The Council rated YMCA of Greater St. Petersburg first among the applicants; Pinellas County PAL ranked last. The department awarded tax dollars to just two of the four applicants. Why did the department award $67,659 to Pinellas County PAL, the entity ranked last among proposals to serve the needs of youth in Pinellas County?

 

As servants of the people, the department is responsible for the wise and efficient use of the people's money. Therefore, the Florida legislature produced a statute that stipulates the following duties of the department.

 

First, each proposal shall contain a letter from the chair of the applicable juvenile justice circuit board that confirms "the grant application has been reviewed and found to support one or more purposes or goals of the juvenile justice plan as developed by the board" [FS 985.676 (2) (a) 1].

 

Next, the department shall consider "the recommendations of the juvenile justice county council as to the priority that should be given to proposals submitted by entities within a county" [FS 985.676 (2) (b) 1].

 

Finally, the department shall consider "the recommendations of the juvenile justice circuit board as to the priority that should be given to proposals submitted by entities within a circuit" [FS 985.676 (2) (b) 2]. However, the bylaws of the Circuit 6 Juvenile Justice Board (and other juvenile justice circuit boards)—approved by DJJ—shifts the power from the Board to the Council(s) to "make recommendations to DJJ for the awarding of prevention and early intervention grant programs" [C6JJB Bylaws C 2].

 

Please explain the department's rationale for awarding $67,659 to last place Pinellas County PAL and disregarding first place YMCA of Greater St. Petersburg.

 

[Dave Plyer, Chair

Pinellas County Juvenile Justice Council

727.799.1431

www.PinellasJJC.org]

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3.  Jun 7, 2007 “Please acknowledge receipt of this 2nd request…”

from  Dave Plyer <d.plyer@gmail.com

to  Cassandra Jenkins <cassandra.jenkins@djj.state.fl.us>   

cc

Walt McNeil <walter.mcneil@djj.state.fl.us>,

Richard Davison <richard.davison@djj.state.fl.us>,

Matt Sullivan <sullivanrep@msn.com>,

Cathy Corry <cathycorry@juno.com>   

 

date  Jun 7, 2007 8:22 PM  

subject  Fwd: 2007-8 Grant Applications: Explain DJJ's award to Pinellas County PAL [2nd request]  

 

Cassandra Jenkins

Assistant Secretary Preveniton

Department of Juvenile Justice

 

Please acknowledge receipt of this 2nd request (email 5/24/07 below) for your explanation of why DJJ awarded money to the applicant ranked lowest by the Pinellas County Juvenile Justice Council and awarded nothing to the Council's highest ranked applicant.

 

Dave Plyer, Chair

Pinellas County Juvenile Justice Council

727.799.1431

www.PinellasJJC.org

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4.  Jun 8, 2007 “Department…funded the Police Athletic League…as recommended by the Circuit 6 Juvenile Justice Board”

from  "Davison, Richard" <Richard.Davison@djj.state.fl.us>    hide details  Jun 8 

to  d.plyer@gmail.com  

cc

"McNeil, Walter A." <Walter.McNeil@djj.state.fl.us>,

"Jenkins, Cassandra" <Cassandra.Jenkins@djj.state.fl.us>  

 

date  Jun 8, 2007 8:29 PM  

subject  FW: 2007-8 Grant Applications: Explain DJJ's award to Pinellas County PAL [2nd request]

 

This e-mail is written in response to your e-mails to Cassandra Jenkins, with copies to Secretary McNeil and to me, wherein you requested an explanation of the decision of the Department of Juvenile Justice to award a  Delinquency Prevention Grant to the Pinellas County Police Athletic League and not to the YMCA of Greater St. Petersburg.  

 

As you are aware, the Circuit 6 Juvenile Justice Board did not recommend the YMCA of Greater St. Petersburg for a 2007-2008 Delinquency Prevention Grant. The Board recommended two grant proposals from Pinellas County - Boley Centers and Police Athletic League.  The Board reviewed and approved the grant awards that were recommended by their Grant Review Committee.  You and the other Circuit Board members from the Pinellas County Juvenile Justice Council, as well as other Pinellas County Juvenile Justice Council members, were present at the meeting and participated in the discussion on this matter.

 

As I was also present at the Board meeting, I recall the discussion, your objections, and the ensuing discussion by the Board.  I also recall several objections that were voiced by others from the audience.  At the end of the discussion the matter was acted on by the Board, which accepted the Grant Review Committee's recommendations to fund the Boley Centers and the Police Athletic League.

 

Agreeing that the proposals support the purposes or goals of the Circuit 6 juvenile justice plan, in addition to their priorities, the Department of Juvenile Justice funded the Police Athletic League and the Boley Centers as recommended by the Circuit 6 Juvenile Justice Board.  

 

Rick Davison,

Deputy Secretary 

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5.  Jun 16, 2007 “Your email…is unsettling in the Department's disregard for the law”

from  Dave Plyer <d.plyer@gmail.com>     hide details  Jun 16 

reply-to  dplyer@gmail.com  (Yes, this is you. Learn more)  

to  "Davison, Richard" <Richard.Davison@djj.state.fl.us>   

cc

Walt McNeil <walter.mcneil@djj.state.fl.us>,

Cassandra Jenkins <cassandra.jenkins@djj.state.fl.us>,

Matt Sullivan <sullivanrep@msn.com>,

Cathy Corry <cathycorry@juno.com>   

 date  Jun 16, 2007 11:26 AM  

 subject  2007-8 Grant Applications: Explain DJJ's award to Pinellas County PAL  

 mailed-by  gmail.com   

 

Rick Davison

Deputy Secretary

Department of Juvenile Justice

 

Your email to me of June 8, 2007 is unsettling in the Department's disregard for the law. This message includes my observations of each of the four paragraphs in your email.

 

Paragraph 1

 

"This e-mail is written in response to your e-mails to Cassandra Jenkins, with copies to Secretary McNeil and to me, wherein you requested an explanation of the decision of the Department of Juvenile Justice to award a Delinquency Prevention Grant to the Pinellas County Police Athletic League and not to the YMCA of Greater St. Petersburg." 

 

The Pinellas County Juvenile Justice Council wants to know why DJJ did not consider "the recommendations of the juvenile justice county council as to the priority that should be given to proposals submitted by entities within a county" as required by FS 985.676 (2) (b) 1.

 

Paragraph 2

 

"As you are aware, the Circuit 6 Juvenile Justice Board did not recommend the YMCA of Greater St. Petersburg for a 2007-2008 Delinquency Prevention Grant. The Board recommended two grant proposals from Pinellas County - Boley Centers and Police Athletic League. The Board reviewed and approved the grant awards that were recommended by their Grant Review Committee. You and the other Circuit Board members from the Pinellas County Juvenile Justice Council, as well as other Pinellas County Juvenile Justice Council members, were present at the meeting and participated in the discussion on this matter."

 

Your description of what occurred at the April 30, 2007 meeting of the Circuit 6 Juvenile Justice Board is incorrect. The Circuit 6 Juvenile Justice Board has seventeen members as authorized by Florida statute 985.664. When I use the word "Board" I am referring to that deliberative body of seventeen members. In that context, the Board never reviewed and approved the grant awards. The Board never had a Grant Review Committee. On the other hand, Calvin Harris, one of the seventeen members of the Board, apparently created his own grant review committee, approved his committee's recommendations and sent those recommendations to the Department. His use of the word "Board" refers to Calvin Harris acting independently of the other Board members.

 

Finally, your statement "You and the other Circuit Board members…participated in the discussion on this matter" at the Board meeting of April 30, 2007, is misleading. You were there. You heard and saw what transpired. The Board members did not review the applications. The Board members did not review the scores. The Board members did not approve any statement, on behalf of the Board, that authorized a letter of grant recommendations to the Department.

 

Paragraph 3

 

"As I was also present at the Board meeting, I recall the discussion, your objections, and the ensuing discussion by the Board. I also recall several objections that were voiced by others from the audience. At the end of the discussion the matter was acted on by the Board, which accepted the Grant Review Committee's recommendations to fund the Boley Centers and the Police Athletic League."

 

Once again, your recollection of events is at odds with what happened.  The matter was not "acted on by the Board", as you state. Pat McGhee, reporting for the Department, had just announced to the Board that the Department had made its decisions based on Harris's recommendations. The horse was already out of the barn! There was no "discussion." Rather, there were several objections that the grant review process was corrupted by the Department and by Calvin Harris. At the end of these challenges to the integrity of the grant review process, the Board did not act on the matter.  There was not a motion by any Board member.  There was not a vote by the Board.

 

Paragraph 4

 

"Agreeing that the proposals support the purposes or goals of the Circuit 6 juvenile justice plan, in addition to their priorities, the Department of Juvenile Justice funded the Police Athletic League and the Boley Centers as recommended by the Circuit 6 Juvenile Justice Board."

 

You say in paragraph 4 that DJJ funded grants targeted for Pinellas County (the Police Athletic League and the Boley Centers) "as recommended by the Circuit 6 Juvenile Justice Board." As we learned above, the Board made no such recommendations. Had it done so, it would have violated its bylaws that give the Board the power to make grant recommendations to DJJ only "in the absence of a county juvenile justice council." [C6JJB Bylaws C 2] You say that DJJ based its decisions on Board recommendations. However, Florida Statute 985.676 (2) (b) clearly states that the department shall consider the "recommendations of the juvenile justice county council as to the priority that should be given to proposals submitted by entities within a county." The Department considered the recommendations of other juvenile justice county councils. However, when it came to the recommendations of the Pinellas County Juvenile Justice Council, you—the Department of Juvenile Justice—chose to violate the law. Why?

 

Dave Plyer, Chair

Pinellas County Juvenile Justice Council

727.799.1431

www.PinellasJJC.org

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6.  Jun 16, 2007 “…as reasonable people do, we respectfully disagree with your position.”

from  "Davison, Richard" <Richard.Davison@djj.state.fl.us>    hide details  Jun 16 

to  dplyer@gmail.com (Yes, this is you. Learn more)  

 

date  Jun 16, 2007 11:50 AM  

subject  Re: 2007-8 Grant Applications: Explain DJJ's award to Pinellas County PAL  

 

Mr. Plyer,

 

We acknowledge the receipt of your e-mail and your position on the award of the delinquency prevention grant to the Pinellas County PAL.  However, as reasonable people do, we respectfully disagree with your position.

 

Thank you for your continued efforts on behalf of the trouble youth of Pinellas County.

 

Richard Davison

Deputy Secretary

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